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.’.