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)

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

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.

Article 4

Frequency rates for identity checks and physical checks

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 concerning its introduction into the Union, provided for in acts adopted in accordance with Articles 28(1), 30(1) and 49(1) of Regulation (EU) 2016/2031.

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

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.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

ANNEX I

ANNEX II

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.

ANNEX IΙΙ

The information referred to in Article 5 shall contain:

(a) a description of the goods concerned;

(b) the origin of the goods concerned;

(c) the volume of import into the Member State of the goods concerned, expressed in number of consignments and weight or pieces or units;

(d) the list of the Union quarantine pests liable to be carried on the product concerned;

(e) the number of consignments of the goods concerned found non-compliant due to the presence of the Union quarantine pests referred to in point (d);

(f) the estimated mobility index of the Union quarantine pests referred to in point (d) at the most mobile stage to which the organism could develop on the relevant plant, plant product or other object;

(g) the number of consignments of the goods concerned intercepted for reasons other than the presence of the Union quarantine pests referred to in point (d);

(h) the number of consignments of the goods concerned on which identity and physical plant health checks have been carried out.

As regards the information mentioned under points (c), (e), (g) and (h), the dossier shall provide data covering the period of at least three years preceding the year in which it is submitted.