EN   EN 
 
 
 EUROPEAN  
COMMISSION   
Brussels, XXX   
SANTE/7140/2019 
(POOL/G3/2019/7140/7140 -EN.docx)  
[…](2019) XXX  draft  
 
COMMISSION IMPLEMENTING REGULATION (EU) …/...  
of XXX  
establishing rules for the uniform application of frequency rates for identity checks and 
physical checks on certain consignments of animals and goods entering the Union  
(Text with EEA relevance)   EN 1  EN COMMISSION IMPLEMENTING REGULATION (EU) …/...  
of XXX  
establishing rules for the uniform application of frequency rates for identity checks and 
physical checks on certain consignments of animals and goods entering the Union  
(Text with EEA relevance)  
THE EUROPEAN COMMISSION,  
Having regard to the Treaty on the Functioning of the European Union , 
Having regard to Regulation (EU) No 2017/625 of the Eur opean Parliament and of the 
Council of 15 March 2017 on official controls and other official activities performed to ensure 
the application of food and feed law, rules on animal health and welfare, plant health and 
plant protection products, amending Regul ations (EC) No 999/2001, (EC) No 396/2005, (EC) 
No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 
and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations 
(EC) No 1/2005 and (EC) No 1099/2009 a nd Council Directives 98/58/EC, 1999/74/EC, 
2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 
and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 
89/608/EEC, 89/662/EEC, 90/425/EEC, 91/49 6/EEC, 96/23/EC, 96/93/EC and 97/78/EC and 
Council Decision 92/438/EEC (Offic ial Controls Regulation)(1), and in particular points (a) 
and (c) of the first subparagraph of Article 54(3) thereof,   
Whereas:  
(1) Regulation (EU) 2017/625 establishes rules on the p erformance of official controls by 
the competent authorities of the Member States on animals and goods entering the 
Union in order to verify compliance with Union agri -food chain legislation.  
(2) Article 54(3 ) of Regulation (EU) 2017/625 empowers the Commission to establish 
rules for the uniform application of the appropriate frequency rate for identity checks 
and physical checks on consignments of the categories of animals and goods referred 
to in Article 47(1) (a), (b) and (c) . Therefore the frequency  rates on identity checks and 
physical checks should be established depending on the risk posed by each animal, 
good or category of animals or goods  to human, animal or plant health, animal welfare 
or, as regards GMOs and plant protection products, also to  the environment.  
(3) To ensure that the frequency rates of physical checks required pursuant to this 
Regulation are complied with in uniform manner, provision should be made in this 
Regulation to allow for the selection  of consignment s for physical checks  by the 
information management system for official controls  (IMSOC)  referred to in Article 
131 of Regulation (EU) 2017/625 . 
(4) The frequency rates established by this Regulation should be applicable for the 
animals and goods referred to in Article 47(1)(a), (b) and (c) of Regulation (EU) 
2017/625  intended to be placed on the market  regardless of w hether they are placed 
under the customs procedure  of release for free circulation at the border or at a later 
                                                 
1 OJ L 95, 7.4.2017, p. 1.  EN 2  EN stage within the Unio n. However, the frequency of physical checks carried out at 
border control posts to ascertain compliance with Regulation (EU) 2018/818 of the 
European Parliament and of the Council on organic production and labelling of 
organic products2 should be determin ed in accordance with Article 45(5) of that 
Regulation . 
(5) Council Directive 91/496 /EEC3 lays down rules governing the organisation of 
veterinary checks on animals entering the Union from third countries. Article 4 of that 
Directive provide s that each consignment of animals should be subject to identity 
checks and physical checks.  
(6) Directive 91/496/EEC is repealed by Regulation (EU) 2017/625 with effect from 14 
December 2019. Taking into account the risk posed by certain categories of animals  to 
human or animal health  and animal welfare , the same level of frequency rate s of 
identity checks and physical checks  should continue to apply to animals entering the 
Union from third countries .  
(7) Council Directive 97/78/EC4 lays down rules governing the organisation of veterinary 
checks on products entering the Union from third countries. Article 4 of that Directive 
provide s that each consignment shall be subject to identity checks and physical 
check s. Commission Decision 94/360/EC5 establish es the reduce d frequency rates of 
physical checks for certain categories of go ods subject to veterinary checks.  
(8) Directive 97/78/ EC is repealed by  Regulation (EU) 2017/625 with effect from 14 
December 2019  whilst Decision  94/360/EC will be repealed with effect from the date 
specified in this Regulation.  It is therefore appropriate to establish in this Regulation  
rules for the uniform application of the appropriate level of the frequency rates and 
procedures for modification of the frequency rates for identity checks and physical 
checks dependent on the risk posed by each categor y of goods to human or animal 
health.  
(9) Council Directive 2000/29/EC6 lays down rules on protective measures against th e 
introduction into the Union of organisms harmful to plants or plant products. Point (c) 
of the first subparagraph of Article 13a(5) of that Directive provide s an empowerment 
for the Commission  to establish criteria for the type and level of reduction of the plant 
health checks . 
                                                 
2 Regulation (EU) 2018/848 of the European Parliament and of the Council of 30 May 2018 on organic 
production and labelling of organic products and repealing Council Regulation (EC) No 834/2007 ( OJ 
L 150, 14.6.2018, p.1). 
3 Council Directive 91/496/EEC of 15 July 1991 laying down the principles governing the organisation 
of veterinary checks on animals entering the Community from third countries and amending Directives 
89/662/EEC, 90/425/EEC and 90/675 /EEC  (OJ L 268, 24.9.1991, p. 56) . 
4 Council Directive 97/78/EC of 18 December 1997 laying down the principles governing the 
organisation of veterinary checks on products entering the Community from third countries (OJ L 24, 
30.1.1998, p. 9) . 
5 Commission Decision 94/360/EC  of 20 May 1994 on the reduced frequency of physical checks of 
consignments of certain products to be implemented from third countries, under Council Directive 
90/675/EEC (OJ L 158, 25.6.1994, p. 41) . 
6 Council Directive 2000/29/EC of 8 May 2000 o n protective measures against the introduction into the 
Community of organisms harmful to plants or plant products and against their spread with in 
Community (OJ L 169, 10.7.2000, p. 1) . EN 3  EN (10) Based on th at empowerment,  Commission Regulation (EC) No 1756/20047 specif ies 
the detailed conditions and the criteria for the type and level of reduction of the plant 
health checks.  
(11) Directive 2000/29/EC  is repealed by Regulation (EU) 201 7/625 with effect from  14 
December 2019  without prejudice to  point (c) of the first subparagraph of Article 
13(a)(5) of Directive 2000/29/EC, which continue s to apply in relation to matters 
governed by Article 54(3) of Regulation (EU) 2017/625. As Regulation (EC) No 
1756/2004 is based on that empowerment , it continu es to apply until 14 December 
2022 as provided  for in Article 165 (2) of Regulation (EU) 201 7/625. Therefore it is 
appropriate to establish rules in this Regulation for the uniform application of the 
appropriate frequency and procedures for modification of the frequency rates for 
identity checks and physical checks depending on  the risk posed by each category of 
plants , plant products and other objects to ensure continuity of the rel evant provisions 
after 14 December 2022.  
(12) To ensure the effectiveness  of the  official controls , identity checks and physical checks 
should be carried out in such a way that it is not possible for the operator responsible 
for the consignment to predict wheth er any particular consignment will be subject to 
physical checks  
(13) Article 3 of Commission Implementing Regulation XXXX (adopted under Article 52) 
8 establish es detailed rules on identity checks for goods referred to in point (b) of 
Article 47(1) of Regulation (EU) 2017/625, according to whether the consignment is 
subject to physical checks or not. It is therefore appropriate to refer to those rules in 
that Regulation.  
(14) The minimum frequency rates for physical checks performed on products of animal 
origin, germinal products, animal by -products, derived products , hay and straw and 
composite products  should be established taking into account information regarding 
the risks associated with the categories of goods and  available scientific assessments.  
(15) For certain third countries with which the Union has concluded veterinary   agreement s 
on equivalency, a reduction in the physical checks on certain products can be applied, 
taking into account, inter alia, the application of the regionalization principle in th e 
case of animal disease, and of other veterinary principles. Therefore , the level of 
frequenc y rates  of physical checks specified in these veterinary agreements  should 
apply for the purpose of this Regulation .  
(16) Since this Regulation lays down provisions i n the areas covered by Decision 
94/360/EC  and Regulation (EC) No 1756/2004,  these acts should be  repealed  with 
effect from the date s specified in this Regulation.   
(17) Regulation (EU) 2017/625 applies from 14 December 2019. Accordingly, the rules 
laid down in this Regulation should also apply from that date.   
(18) The measures provided for in this Regulation are in accordance with the opinion of the 
Standing Committee on Plants, Animals, Food and Feed,  
                                                 
7 Commission Regulation (EC) No 1756/2004 of 11 October 2004 specifyi ng the detailed conditions for 
the evidence required and the criteria for the type and level of the reduction of the plant health checks of 
certain plants, plant products or other objects listed in Part B of Annex V to Council Directive 
2000/29/EC ( OJ L 31 3, 12.10.2004, p. 6) . 
8 Commission Implementing Regulation … of …. establishing detailed rules on the operations to be 
carried out during and after documentary checks, identity checks and physical checks on animals and 
goods subject to official controls at  border control posts  (OJ L  …, …, p.  …). EN 4  EN HAS ADOPTED THIS REGULATION:  
Article 1  
Subject matter and scope  
This Regulation lays down rules for the uniform application of the appropriate frequency rate 
of identity checks and physical checks  on consignments of animals and goods referred to in 
Article 47(1)(a), (b) and (c) of Regulation (EU)  2017/625  intended to b e placed on the market . 
Article 2 
Definition  
For the purpose of this Regulation,  
“frequency rates” means the minimum percentage of identity checks and physical 
checks that shall be carried out by the competent authorities.  
Article 3 
Frequency rates for id entity checks and physical checks  
The competent authorities shall perform identity checks and physical  checks , according to the 
frequency rates established as follows:   
(a) on each consignment of animals ; 
(b) on consignment s of products of animal origin, germinal products, animal by -
products, derived products, hay and straw and composite products : 
(i) identity checks on each consignment;  
(ii) physical checks  at the frequency rates laid down in Annex I to this Regulation ;  
(c) on consignment s of the categories of plants, plant products, and other objects  :  
(i) at the frequency rates  established in accordance with Article 6 of this 
Regula tion, or  
(ii) on each consignment of the categories of plants, plant products, and other 
object s which are not covered by point (i).  
Article 4 
Selection of consignments for physical checks  
1. The selection of the consignment for physical checks shall be carried out by the 
competent authority at random according to the frequency rates established in this 
Regulation and taking into account proposal by the information management 
system for official controls  (IMSOC) referred to in Article 131  of Regulation (EU) 
2017/625 . 
2. Competent authorities may decide to select a different consignment for physical 
checks instead of the  consignment of the same category and origin of goods selected 
in accordance with paragraph 1 .  
3. For each consignment selected for physical check  in accordance with paragraphs 1 
and 2 , the competent  authority shall perform identity ch ecks as referred to in Article 
3(1) of Regulation XXXX ( adopted under Article 52 OCR ). EN 5  EN Article 5 
Frequency rates for physical checks performed on products of animal origin, germinal 
products, animal by -products,  derived products, hay and straw and  composite products  
1. The categories of goods laid down  in Annex I to this Regulation shall be subject to 
the frequency rates of physical checks  as laid down in that Annex,  based o n the 
information referred to in  points (a)(v) and (vi) of the first subpa ragraph of Article 
54(3) of Regulation (EU) 2017/625 .  
2. Based on the information referred to points (a)( i) and ( ii) of the first subparagraph of 
Article 54(3) , the Commission shall establish  the list of categories of goods coming 
from certain third countries for which the frequency of physical checks must  be  
modified , in accordance with the criteria laid down in Annex II,  to the next higher  
frequency rate laid down in Annex I  or to a frequency rate  of 50% where the 
categories of goods concerned are already subject to a frequency rate of 30% .  
The Commission shall regularly review the frequency  rates of physical checks 
established in accordance with this paragraph . 
3. Member States may submit to the Commission requests for the revision of the 
categories of goods and frequency rates referred to in paragraph 2 . 
4. In cases where the level of non -compliance for physical checks  recorded in the 
IMSOC in the last 12 months , for the same category of g oods from the same third 
country of origin, exceeds by 30% the average rate of non -compliance for the same 
category of products from all third countries, the Commission shall increase the 
frequency rate of physical checks to the next higher frequency rate  laid down in 
Annex I or to a  frequency rate of 50% where the categories of goods concerned are 
already subject to a frequency rate of 30%.  The frequency rates shall be reviewed 
every six month s and modified where necessary.  
5. The Commission shall introd uce into the IMSOC every modification made in 
accordance with the paragraph 2 and 4 to the categories of goods and frequency 
rates.   
6. For th e third countries referred to in Annex V with which the Union has concluded 
agreements of equivalence,  as referred  to in Annex V,  physical checks shall be 
carried out according to the frequency rates established by these agreements.  
Article 6 
Frequency rates for identity checks and physical checks on certain p lants, plant 
products and other objects and procedure for modifying the  level of  frequency rate s   
1. The Commission shall prepare a list of  plants, plant products and other objects , for 
which identity checks and physical checks may be performed at established 
frequency rate in that list .  
2. To establish t he le vel of the frequency rates  and modification of the list  referred to in 
paragraph 1  shall take into account : 
(a) the available data recorded in the IMSOC ; 
(b) the criteria referred to in points (a)(i), (ii), (iv), (v) and (vi) of the first sub -
paragraph of Article 54(3)  of Regulation (EU) 2017/625;   
(c) the criteria referred to in Annex IV ; and  EN 6  EN (d) request s submitted by the Member States to the Commission for the 
modification  of the categories of plants, plant products and other objects  and 
frequency rates f or identity checks and physical checks . Such requests shall 
contain the information referred to in Annex III.  
3. Where the categories plants, plant products and other objects no longer comply with 
the criteria of Annex IV , the Commission shall delete the n on-compliant categories 
of plants, plant products and other objects from  list referred in to Article 5(1) . 
4. The frequency rates of identity checks and physical checks for the list of plants,  plant 
products and other object  shall be reviewed at least once per year, and modified as 
necessary.  
5. After consultation with the Committee referred to in Article 107 of Regulation (EU) 
2016/ 20319 the Commission shall introduce into the IMSOC every modification 
made to the list of plants, plant products and other objects  and to the  frequency rates  
and make the list publicly available .. 
Article 7 
Repeals  
1. Decision 94/360/EC is repealed with effect from 14 December 2019.  
2. Regulation (EC) No 1756/2004 is repealed with effect from  14 December 2022.  
Article 8 
Entry into force and date of application  
1. This Regulation shall enter into force on the twentieth day following that of its 
publication in the Official Journal of the European Union . 
2. It shall apply from 14 December 2019 , excep t for Article 6, which shall apply from 
14 December 2022.  
This Regulation shall be binding in its entirety and directly applicable in all Member States.  
Done at Brussels,  
 For the Commission  
 The President  
 Jean -Claude JUNCKER  
                                                 
9 Regulation (EU) 2016/2031 of the European Parliament of the Council of 26 October 2016 on 
protective measures against pests of plants, amending Regulations (EU) No 228/2013, (EU) 
No 652/2014 and (EU) No  1143/2014 of the European Parliament and of the Council and repealing 
Council Directives 69/464/EEC, 74/647/EEC, 93/85/EEC, 98/57/EC, 2000/29/EC, 2006/91/EC and 
2007/33/EC ( OJ L 317, 23.11.2016, p. 4) .