Commission Implementing Regulation (EU) 2022/2389 of 7 December 2022 establishing rules for the uniform application of frequency rates for identity checks and physical checks on consignments of plants, plant products and other objects entering the Union (Text with EEA relevance)
Data as of 2026-07-04 · Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗
Subject matter and scope
This Regulation lays down rules for the uniform application of the appropriate frequency rate, and the modifications of that rate, of identity checks and physical checks on consignments of goods referred to in Article 47(1), point (c), of Regulation (EU) 2017/625 entering the Union.
Definition
For the purpose of this Regulation: (1) ‘frequency rate’ means the minimum percentage of consignments of goods referred to in Article 1, determined in accordance with this Regulation, of the number of consignments arrived at the border control post or control point during the calendar year, for which identity checks and physical checks shall be carried out by the competent authorities; (2) ‘IMSOC’ means the information management system for official controls referred to in Article 131 of Regulation (EU) 2017/625.
Selection of consignments for physical checks
1. The competent authorities shall select consignments for physical checks in accordance with the following procedure: (a) a random selection of a consignment shall be automatically generated by IMSOC; (b) the competent authorities may decide to select the consignment in accordance with point (a) or to select a different consignment of the same category of goods and the same origin of goods. 2. For each consignment selected for physical checks in accordance with paragraph 1, the competent authorities shall perform identity checks as referred to in Article 3(1) of Commission Implementing Regulation (EU) 2019/2130 ( 5 ) .
Frequency rates for identity checks and physical checks
1. The competent authorities shall perform identity checks and physical checks on consignments of plants, plant products and other objects, at frequency rates determined in accordance with paragraphs 2 to 6. 2. The basic frequency rate for identity checks and for physical checks on consignments of goods referred to in Article 1 shall be 100 %. 3. By way of derogation from paragraph 2, the identity checks and physical checks of the consignments of certain plants, plant products and other objects, as listed in Annex I with their respective origin from all or certain third countries, shall be subject to the respective frequency rates specified in that Annex. 4. The frequency rates according to paragraph 3 shall not apply to: (a) plants intended for planting; (b) any plant, plant product or other object which is subject to a measure provided for in acts adopted in accordance with Articles 28(1), 30(1) and 49(1) of Regulation (EU) 2016/2031. 5. The frequency rates according to paragraph 3 shall be determined in accordance with the criteria listed in Annex II. 6. Where imports of a plant, plant product or other object, or a category thereof, no longer comply with the criteria set out in Annex II, that plant, plant product or other object shall be removed from Annex I, as determined by the review stipulated in Article 6(2).
Applications for the modification of frequency rates for identity checks and physical checks performed on certain plants, plant products and other objects
Member States may submit to the Commission an application to modify the frequency rate of identity checks and physical checks on consignments of a plant, plant product or other object, or a category thereof, entering the Union, in order for the Commission to determine whether such modification is appropriate. The application shall contain the information set out in Annex III.
Modification of frequency rates for identity checks and physical checks performed on certain plants, plant products and other objects
1. Frequency rates set out in Annex I shall be modified with regard to the criteria set out in points (i), (ii), (iv), (v) and (vi) of Article 54(3), point (a), of Regulation (EU) 2017/625, the criteria set out in Annex II, and, where appropriate, with regard to the information set out in Annex III. 2. The frequency rates for identity checks and physical checks for plants, plant products and other objects, or categories thereof, shall be reviewed at least annually, in order to take into account new information collected through IMSOC or provided by Member States, and modified accordingly. 3. The Commission shall introduce, where applicable, into the IMSOC every modification made to the list of plants, plant products and other objects, or categories thereof, and to the frequency rates, as set out in Annex I.
Repeals
Regulation (EC) No 1756/2004 is repealed with effect from 14 December 2022.
Entry into force and date of application
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union . It shall apply from 14 December 2022.
Frequency rates of identity checks and physical checks of the consignments of certain plants, plant products and other objects, or categories thereof, as referred to in Article 4(3)
ANNEX I Frequency rates of identity checks and physical checks of the consignments of certain plants, plant products and other objects, or categories thereof, as referred to in Article 4(3) Plant, plant products or other object, or a category thereof Country of origin Minimum frequency rate of identity & physical checks [%] CUT FLOWERS Aster Zimbabwe 75 Dianthus Colombia 3 Dianthus Ecuador 15 Dianthus Kenya 5 Dianthus Türkiye 50 Gypsophila Ecuador 5 Gypsophila Kenya 10 Phoenix Costa Rica 50 Rosa Colombia 5 Rosa Ecuador 1 Rosa Ethiopia 5 Rosa Kenya 10 Rosa Tanzania 100 Rosa Zambia 50 FRUITS Actinidia All third countries 10 Carica papaya All third countries 10 Fragaria All third countries 5 Persea americana All third countries 3 Rubus All third countries 5 Vitis All third countries 1 Malus European third countries ( 1 ) 15 Prunus European third countries ( 1 ) , ( 2 ) 15 Pyrus European third countries ( 1 ) 100 Vaccinium European third countries ( 1 ) 50 Citrus Egypt 50 Citrus Israel 35 Citrus Mexico 25 Citrus Morocco 3 Citrus Peru 10 Citrus Türkiye 7 Citrus USA 50 Malus Argentina 35 Malus Brazil 100 Malus Chile 5 Malus New Zealand 10 Malus South Africa 15 Mangifera Brazil 75 Passiflora Colombia 5 Passiflora Kenya 75 Passiflora La Réunion 10 Passiflora South Africa 75 Passiflora Vietnam 15 Passiflora Zimbabwe 100 Prunus Argentina 100 Prunus Chile 10 Prunus Morocco 100 Prunus persica South Africa 50 Prunus – other 10 Prunus Türkiye 35 Prunus USA 100 Psidium Brazil 100 Pyrus Argentina 25 Pyrus Chile 15 Pyrus China 100 Pyrus South Africa 10 Vaccinium Argentina 25 Vaccinium Chile 10 Vaccinium Peru 10 VEGETABLES Capsicum Israel 100 Capsicum Morocco 100 Solanum lycopersicum Canary Islands 25 Solanum lycopersicum Morocco 1 Solanum melongena Kenya 100 Solanum melongena Türkiye 100 Root and tubercle vegetables, other than tubers of Solanum tuberosum L. ( 3 ) All third countries ( 4 ) 5 WOOD Conifer wood (excl. Larix ) Russia (only the following parts: Central Federal District (Tsentralny federalny okrug), Northwestern Federal District (Severo-Zapadny federalny okrug), Southern Federal District (Yuzhny federalny okrug), North Caucasian Federal District (Severo-Kavkazsky federalny okrug) and Volga Federal District (Privolzhsky federalny okrug)) 1 USED MACHINERY Machinery and vehicles which have been operated for agricultural or forestry purposes All third countries 10 ( 1 ) Albania, Andorra, Armenia, Azerbaijan, Belarus, Bosnia and Herzegovina, Canary Islands, Faeroe Islands, Georgia, Iceland, Liechtenstein, Moldova, Monaco, Montenegro, North Macedonia, Norway, Russia (only the following parts: Central Federal District (Tsentralny federalny okrug), Northwestern Federal District (Severo-Zapadny federalny okrug), Southern Federal District (Yuzhny federalny okrug), North Caucasian Federal District (Severo-Kavkazsky federalny okrug) and Volga Federal District (Privolzhsky federalny okrug)), San Marino, Serbia, Türkiye, Ukraine and United Kingdom. ( 2 ) Other than Türkiye. ( 3 ) Commission Implementing Regulation (EU) 2019/2072 of 28 November 2019 establishing uniform conditions for the implementation of Regulation (EU) 2016/2031 of the European Parliament and the Council, as regards protective measures against pests of plants, and repealing Commission Regulation (EC) No 690/2008 and amending Commission Implementing Regulation (EU) 2018/2019 ( OJ L 319, 10.12.2019, p. 103 ). ( 4 ) Other than Cameroon.
Criteria for the establishment and modification of the frequency rates of plants, plant products and other objects, or categories thereof, as referred to in Article 4(5) and (6)
ANNEX II Criteria for the establishment and modification of the frequency rates of plants, plant products and other objects, or categories thereof, as referred to in Article 4(5) and (6) 1. A new frequency rate may be established where: (a) the average number of consignments entering the Union over the preceding three years is at least 200 per year; (b) the minimum number of consignments of plants, plant products and other objects, or categories thereof, entering the Union, for which documentary checks, identity checks and physical checks have been carried out during the previous three years, is at least 600; (c) the number of consignments of the plants, plant products and other objects, or categories thereof, which were found infested by Union quarantine pests is each year less than 1 % of the total number of consignments of said plants, plant products and other objects, or categories thereof, imported into the Union; 2. Frequency rates may be modified taking into account: (a) the estimated mobility index of the Union quarantine pests at the most mobile stage to which they could develop on the relevant plants, plant product or other objects, or categories thereof; (b) the number of consignments of plants, plant products and other objects, or categories thereof, on which identity checks and physical checks have been carried out during the previous year; (c) the total number, and the details of, non-compliances due to the presence of Union quarantine pests related to consignments imported pursuant to this Regulation; (d) the total number of consignments of the goods concerned notified for other reasons than the presence of the Union quarantine pests and the details thereof; and (e) any other factor relevant for the determination of the phytosanitary risk associated with the trade concerned.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.