Amendment of Implementing Regulation (EU) 2022/2389
Implementing Regulation (EU) 2022/2389 is amended as follows:
(1)
Article 4(4) is replaced by the following:
‘4. The frequency rates referred to in paragraph 3 shall not apply to:
(a)
plants intended for planting;
(b)
any plant, plant product or other object or categories thereof which is subject to a measure provided for in acts adopted in accordance with Article 28(1), Article 30(1) and Article 49(1) of Regulation (EU) 2016/2031; and
(c)
plants, plant products or other objects or categories thereof for which equivalent requirements concerning third countries have been laid down in the implementing act adopted pursuant to Article 44(1) of Regulation (EU) 2016/2031 until 31 December of the third consecutive year from the date of application of that implementing act.’
;
(2)
Annex I is replaced by the text set out in the Annex to this Regulation;
(3)
point 1 of Annex II is replaced by the following:
‘1.
A new frequency rate may be established where:
(a)
the average number of consignments of plants, plant products or other objects, or categories thereof, entering the Union over the preceding three years, is at least 200 per year;
(b)
the number of consignments of plants, plant products and other objects, or categories thereof, or, after the period provided for in Article 4(4), point (c), the number of such consignments subject to an implementing act adopted pursuant to Article 44(1) of Regulation (EU) 2016/2031, 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, or the number of such consignments subject to an implementing act adopted pursuant to Article 44(1) of Regulation (EU) 2016/2031, which were found infested by Union quarantine pests each year is less than 1 % of the total number of consignments of those plants, plant products and other objects, or categories thereof, imported into the Union.’.
Entry into force
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union .
ANNEXSupplementary provisions
ANNEX
‘
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 product or other object, or a category thereof
Country of origin
Minimum frequency rate of identity and physical checks (%)
Cut flowers
Aster
Zimbabwe
75
Dianthus
Colombia
3
Dianthus
Ecuador
10
Dianthus
Kenya
5
Dianthus
Türkiye
10
Gypsophila
Ecuador
5
Gypsophila
Kenya
3
Phoenix
Costa Rica
50
Rosa
Colombia
5
Rosa
Ecuador
1
Rosa
Ethiopia
25
Rosa
Kenya
25
Rosa
Zambia
75
Fruits
Actinidia
All third countries
5
Carica papaya
All third countries
5
Fragaria
All third countries other than Egypt
5
Persea americana
All third countries other than Cameroon
3
Rubus
All third countries
3
Vitis
All third countries
1
Malus
European third countries ( 1 )
5
Prunus
European third countries ( 1 )
5
Pyrus
European third countries ( 1 )
5
Vaccinium
European third countries ( 1 )
25
Citrus
Egypt
50
Citrus other than Citrus sinensis
Israel
5
Citrus
Mexico
50
Citrus
Morocco
5
Citrus
Peru
10
Citrus
Türkiye
3
Malus
Argentina
75
Malus
Chile
5
Malus
New Zealand
15
Malus
South Africa
10
Mangifera
Brazil
50
Passiflora
Colombia
5
Passiflora
Réunion
10
Passiflora
South Africa
50
Passiflora
Viet Nam
10
Prunus
Argentina
50
Prunus
Chile
15
Prunus
South Africa
10
Psidium
Brazil
75
Pyrus
Argentina
15
Pyrus
Chile
15
Pyrus
China
25
Pyrus
South Africa
10
Vaccinium
Argentina
35
Vaccinium
Chile
10
Vaccinium
Peru
5
Vegetables
Solanum lycopersicum
Canary Islands
15
Solanum lycopersicum
Morocco
1
Root and tubercle vegetables, other than tubers of Solanum tuberosum, Curcuma longa and Zingiber officinale
All third countries other than Cameroon
5
Roots and tubercles of Curcuma longa
All third countries other than Thailand, Peru and Cameroon
15
Roots and tubercles of Zingiber officinale
All third countries other than Peru and Cameroon
5
Used machinery
Machinery and vehicles which have been operated for agricultural or forestry purposes
All third countries
5
( 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 (*).
(*)
In accordance with the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community, and in particular Article 5(4) of the Windsor Framework (see Joint Declaration No 1/2023 of the Union and the United Kingdom in the Joint Committee established by the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community of 24 March 2023, OJ L 102, 17.4.2023, p. 87 ) in conjunction with Annex 2 to that Framework, for the purposes of this Annex, references to the United Kingdom do not include Northern Ireland.
’.