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)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) 2017/625 of the European 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 Regulations (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 and 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, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official 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 performance of official controls by the competent authorities of the Member States on goods entering the Union in order to verify compliance with Union agri-food chain legislation.

(2) The rules of Council Directive 2000/29/EC (2) on frequency rates for identity and physical checks of plants, plant products and other objects entering the Union are to cease to apply on 14 December 2022. Therefore, it is appropriate to establish new rules, taking into account the framework established by Regulation (EU) 2016/2031 of the European Parliament of the Council (3) and Regulation (EU) 2017/625, to ensure continuity of the relevant provisions as of 14 December 2022.

(3) The frequency rates for identity checks and physical checks should be established depending on the risk posed by each good or category of goods to plant health.

(4) To ensure that the frequency rates of physical checks required pursuant to this Regulation are complied with in a uniform manner, a provision should be made in this Regulation to make use of the information management system for official controls (IMSOC) referred to in Article 131 of Regulation (EU) 2017/625 for the selection of consignments for physical checks.

(5) The frequency rates established by this Regulation should be applicable for the goods referred to in Article 47(1), point (c), of Regulation (EU) 2017/625 entering the Union with the exception of goods in transit.

(6) In order to ensure the highest possible level of phytosanitary protection, the basic frequency rate for identity checks and for physical checks on consignments of goods referred to in Article 47(1), point (c), of Regulation (EU) 2017/625 should be 100 %.

(7) However, for reasons of a proportionate response to the respective phytosanitary risk, it should be possible to establish the frequency rate of the identity checks and physical checks of the consignments of certain plants, plant products and other objects at a level lower than 100 %.

(8) The frequency rate of 100 % should nevertheless apply to the identity and physical checks of all plants intended for planting, and to any plant, plant product or other object, 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, due to the increased phytosanitary risk of those commodities.

(9) Since the conditions and criteria for establishing the type and frequency rates for identity and physical checks for plants, plant products and other goods, applicable under Commission Regulation (EC) No 1756/2004 (4), have proven to be effective, they should be set out accordingly in this Regulation. Those conditions and criteria include, in particular, selection of consignments for physical checks, the frequency rates for identity checks and physical checks and the criteria for the establishment and modification of the frequency rates for identity checks and physical checks of plants, plant products and other objects, or categories thereof.

(10) Based on information collected by the Commission according to Article 125(1) of Regulation (EU) 2017/625, on the outcome of controls performed by Commission experts in third countries according to Article 120(1) of that Regulation and on information collected through the IMSOC, it should be possible to modify the frequency rates for physical checks on the basis of the criteria for the establishment and modification of the frequency rates for identity checks and physical checks of plants, plant products and other objects, or categories thereof established in this Regulation.

(11) Member States should have the possibility to 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, to ensure the update of those frequency rates based on the newest developments in the field, and in order for the Commission to determine whether such modification would be appropriate.

(12) Frequency rates should be reviewed annually having regard to the elements set out in points (i), (ii), (iv), (v) and (vi) of Article 54(3), point (a) of Regulation (EU) 2017/625, to ensure compliance with the provisions of that Regulation.

(13) In the interest of the efficiency of official controls, the frequency rates determined in accordance with this Regulation should be communicated through the IMSOC.

(14) 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 whether any particular consignment will be subject to physical checks.

(15) Since this Regulation lays down provisions in the areas covered by Regulation (EC) No 1756/2004, that Regulation should be repealed with effect from the date specified in this Regulation.

(16) As the rules of Directive 2000/29/EC cease to apply on 14 December 2022, the rules laid down in this Regulation should apply from 14 December 2022. For this reason, this Regulation should enter into force on the first day following that of its publication in the Official Journal of the European Union, in order to ensure that date of application.

(17) The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,

HAS ADOPTED THIS REGULATION:

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.

This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 7 December 2022. For the Commission The President Ursula VON DER LEYEN

(1) OJ L 95, 7.4.2017, p. 1.

(2) Council Directive 2000/29/EC of 8 May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (OJ L 169, 10.7.2000, p. 1).

(3) 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).

(4) Commission Regulation (EC) No 1756/2004 of 11 October 2004 specifying 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 313, 12.10.2004, p. 6).

(5) Commission Implementing Regulation (EU) 2019/2130 of 25 November 2019 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 321, 12.12.2019, p. 128).