S.L. 433.3 Art. 9AIssuing of plant passports.

(1) The Director shall ensure that the conditions laid down in sub-regulation (2) are met when a plant passport is issued and attached to plants, plant products or other objects, to their packaging or to the vehicles transporting them. The issuing includes the preparation of the passport, in particular the filling-in of the information and the action necessary to make the plant passport available for use by the applicant.

(2) For the purpose of sub-regulation (1), the Director shall, without prejudice to the other requirements laid down in these regulations:

(a) ensure that the producer, person or importer referred to in regulation 10 (b) applies to them for the issuance of a plant passport, or for the replacement of a plant passport;

(b) determine, where appropriate, on the basis of inspections as provided for in regulation 5(c) and (d) and carried out in accordance with regulation 8, the restrictions applicable to the plants, plant products or other objects, and accordingly the territorial validity of the plant passport, or determine the replacement of the said plant passport, as well as the information to be filled in: Provided that if the producer, person or importer referred to in regulation 10(b) intends to dispatch a plant, plant product or other object into a protected zone for which he does not have a valid plant passport, the Director shall take the necessary steps and determine accordingly whether the product qualifies for the relevant protected zone. The said responsible official bodies shall ensure that the producer, person or importer shall notify the above mentioned intention to them within a reasonable period of time prior to dispatch and shall apply simultaneously for the corresponding plant passport;

(c) ensure that the information is filled as stipulated in regulation 10(c);

(d) ensure that if a plant, plant product or other object has received the qualification by them for a specific protected zone or zones, the code for the protected zone or zones, the code for the protected one or zones shall be indicated on the plant passport, against the distinctive marking "ZP" (zona protecta) indicating that the said plant passport covers a plant, plant product or other object qualified for a protected zone or zones;

(e) ensure that if a plant passport is to be delivered for a plant, plant product or other object originating outside the Community, the plant passport shall be used, with the indication of the name of the country of origin or, where appropriate, the consignor country on the said plant passport;

(f) ensure that if a plant passport is to be replaced by another plant passport, the plant passport referred to in regulation 2(1) shall be used; the code for the originally registered producer or importer shall be indicated on the said plant passport, against the distinctive marking "RP" ("replacement passport") indicating that the said plant passport replaces another plant passport;

(g) depending on where the said plant passport is physically stored, either deliver the said plant passport, or authorize the producer, person or importer referred to in regulation 10 (b) to use it accordingly; and

(h) ensure that the part of the said plant passport consisting of the label be attached under the responsibility of the producer, person or importer referred to in regulation 9(h) to the plants, plant products or other objects, to their packaging or to the vehicles transporting them in such a manner that it cannot be re-used.