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)

• CELEX: Implementing Regulation (EU) 2022/2389
• Articles: 10

Article 1 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.

Article 2 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.

Article 3 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 ) .

Article 4 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).

Article 5 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.

Article 6 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.

Article 7 Repeals

Regulation (EC) No 1756/2004 is repealed with effect from 14 December 2022.

Article 8 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.

Schedules & Appendices

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)

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.

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)

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.