CELEX: 
Language: en
Date: 2019-08-26
Title: COMMISSION IMPLEMENTING REGULATION (EU) …/... 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

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 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)(
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               ), 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 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 consignments 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 whether they are placed under the customs procedure of release for free circulation at the border or at a later stage within the Union. 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 products
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                should be determined in accordance with Article 45(5) of that Regulation.
            
            
               (5)Council Directive 91/496/EEC
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                lays down rules governing the organisation of veterinary checks on animals entering the Union from third countries. Article 4 of that Directive provides 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 rates of identity checks and physical checks should continue to apply to animals entering the Union from third countries. 
            
            
               (7)Council Directive 97/78/EC
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                lays down rules governing the organisation of veterinary checks on products entering the Union from third countries. Article 4 of that Directive provides that each consignment shall be subject to identity checks and physical checks. Commission Decision 94/360/EC
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                establishes the reduced frequency rates of physical checks for certain categories of goods 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 category of goods to human or animal health. 
            
            
               (9)Council Directive 2000/29/EC
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                lays down rules on protective measures against the 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 provides an empowerment for the Commission to establish criteria for the type and level of reduction of the plant health checks.
            
            
               (10)Based on that empowerment, Commission Regulation (EC) No 1756/2004
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                specifies 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) 2017/625 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 continues 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 continues to apply until 14 December 2022 as provided for in Article 165 (2) of Regulation (EU) 2017/625. 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 relevant 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 whether any particular consignment will be subject to physical checks
            
            
               (13)Article 3 of Commission Implementing Regulation XXXX (adopted under Article 52) 
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                establishes 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  agreements 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 the case of animal disease, and of other veterinary principles. Therefore, the level of frequency rates of physical checks specified in these veterinary agreements should apply for the purpose of this Regulation. 
            
            
               (16)Since this Regulation lays down provisions in the areas covered by Decision 94/360/EC and Regulation (EC) No 1756/2004, these acts should be repealed with effect from the dates 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,
            
            
               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 be 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 identity 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 consignments 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 consignments of the categories of plants, plant products, and other objects : 
            
         
         
            
               (i)at the frequency rates established in accordance with Article 6 of this Regulation, or
            
            
               (ii)on each consignment of the categories of plants, plant products, and other objects 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 checks as referred to in Article 3(1) of Regulation XXXX (adopted under Article 52 OCR).
            
            
               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 on the information referred to in points (a)(v) and (vi) of the first subparagraph 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 goods 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 months and modified where necessary.
            
            
               5.The Commission shall introduce into the IMSOC every modification made in accordance with the paragraph 2 and 4 to the categories of goods and frequency rates. 
            
            
               6.For the 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 plants, plant products and other objects and procedure for modifying the level of  frequency rates  
            
            
               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 the level 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
            
         
         
            
               (d)requests submitted by the Member States to the Commission for the modification of the categories of plants, plant products and other objects and frequency rates for 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 non-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) 2016/2031
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                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, except 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
               
            
         
         
      
    ---documentbreak--- 
      
         
         
            
               EN
            
            
               ANNEXES
            
            
               Annex I
            
            
               Categories of goods and frequency rates for the physical checks of the consignments of products of animal origin, germinal products, animal by-products, derived products, hay and straw and composite products
            
            
                     
                        Category of goods*
                     
                  
                  
                     
                        Frequency rates that apply to physical checks 
                     
                  
               
                     
                        Category I
                     
                     
                        - Meat preparations for human consumption (HC)
                     
                     
                        - Poultry meat for HC
                     
                     
                        - Rabbit meat, game meat, and their meat products for HC
                     
                     
                        - Eggs for HC 
                     
                     
                        - Egg products for HC which are preserved at frozen or chilled temperatures
                     
                     
                        - Milk for HC 
                     
                     
                        - Dairy products and colostrum-based products for HC, which are preserved at frozen or chilled temperatures
                     
                     
                        - Fishery products from aquaculture and bivalve molluscs for HC, which are not in hermetically sealed containers intended to render them stable at ambient temperature
                     
                     
                        - Animal by-products and derived products, for feeding of farmed animals 
                     
                  
                  
                     
                        High risk
                     
                     
                        30 %
                     
                  
               
                     
                        Category II
                     
                     
                        - Meat other than meat mentioned in Category I, and their meat products, for HC
                     
                     
                        - Rendered animal fat and greaves for HC 
                     
                     
                        - Poultry meat products for HC
                     
                     
                        - Egg products for HC, other than those mentioned in Category I
                     
                     
                        - Dairy products and colostrum-based products for HC other than those mentioned in Category I
                     
                     
                        - Fishery products other than those mentioned in Category I
                     
                     
                        - Honey and other apiculture products for HC 
                     
                     
                        - Composite products 
                     
                     
                        - Hatching eggs
                     
                     
                        - Organic fertilisers and soil improvers, derived from animal by-products
                     
                  
                  
                     
                        Moderate risk
                     
                     
                        15 %
                     
                  
               
                     
                        Category III
                     
                     
                        Gelatine and collagen for HC
                     
                     
                        - Frog legs and snails for HC
                     
                     
                        - Casings
                     
                     
                        - Semen and embryos
                     
                     
                        - Animal by-products and derived products, other than those mentioned in Category I and Category II
                     
                     
                        - Insects for HC
                     
                  
                  
                     
                        Low risk
                     
                     
                        5 %
                     
                  
               
                     
                        Category IV
                     
                     
                        - Highly refined products for HC
                     
                     
                        - Hay and straw
                     
                     
                        - Other goods than those mentioned in Category I; Category II and Category III
                     
                  
                  
                     
                        Very low risk
                     
                     
                        1%
                     
                  
               
               * The frequency rates for physical checks of the consignments of trade samples, where appropriate, should be in accordance to the description of the categories of goods provided in this Annex.
            
            
               Annex II
            
            
               Criteria  for establishing the categories of goods from certain third countries for which the frequency rates in Annex I need to be adjusted to the next higher risk level
            
            
               The criteria to be followed for establishing the categories of goods from certain third countries  requiring an adjustment to the frequency rates in Annex I are the following:
            
            
               1.The outcome of controls performed by Commission experts in third countries in accordance with Article 120(1) of Regulation (EU) 2017/625;
            
            
               2.Information collected by the Commission in accordance with Article 125(1) of Regulation (EU) 2017/625. 
            
            
               The frequency rate for physical checks shall be increased 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%. 
            
            
               Annex III
            
            
               Information required for submission of requests to the Commission.
            
            
               The information referred to in Article 6(4)(d) shall contain:
            
            
               (a)a description of the goods concerned;
            
            
               (b)the origin of the goods concerned;
            
            
               (c)the list of the Member States that import the goods concerned;
            
            
               (d)the volume of import into the Community of the goods concerned, expressed in number of consignments and weight or pieces or units;
            
            
               (e)the list of the Union quarantine pests liable to be carried on the product concerned;
            
         
         
            
               (f)the number of consignments of the goods concerned intercepted for the presence of the Union quarantine pests mentioned under (e);
            
            
               (g)the estimated mobility of the Union quarantine pests mentioned under (e) at the most mobile stage to which the organism could develop on the relevant plant, plant product or other object;
            
            
               (h)the number of consignments of the goods concerned intercepted for reasons other  than the presence of the Union quarantine pests mentioned under (e);
            
            
               (i)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 (d), (f), (h) and (i), the dossier shall provide data covering the period of at least three years preceding the year in which it is submitted.
            
            
               Annex IV
            
            
               Criteria for determination and modification of the frequency rates of plants, plant products and other objects 
            
            
               1.The criteria referred to in Article 6(2)(c) for the establishment of the lists of plants, plant products and other objects  to a determination of frequency rates of identity checks and physical checks to be taken into account by the Commission are the following :
            
            
               (a)the average number of consignments entering the Union and intended to be placed on the market  over the preceding three years  is at least 200 per year ;
            
            
               (b)the minimum number of consignments entering the Union and intended to be placed on the market of plants, plant products and other objects for which documentary checks, identity checks and physical checks have been carried out during the previous three years is at least 600 for the EU; 
            
            
               (c)the number of consignments of the plants, plant products and other objects which were  infected by Union quarantine pests is each year less than 1 % of the total number of consignments of said plants, plant products and other objects imported into the Union, and
            
            
               2.In addition to the criteria referred to in Article 6(2)(b), the Commission in establishing the level of the frequency rates, shall take into account the following criteria: 
            
            
               (a)the estimated mobility of the Union quarantine pest at the most mobile stage to which it could develop  on the relevant plants, plant product or other objects;
            
            
               (b)the number of consignments of plants, plant products and other objects on which identity checks and physical checks have been carried out; 
            
            
               (c)the total number and the details of interceptions of Union quarantine pests related to the consignments imported pursuant to this Regulation;
            
            
               (d)the total number of consignments of the goods concerned intercepted for other reasons than the presence of Union quarantine pests and the details thereof; and
            
            
               (e)any other factor relevant to the determination of the phytosanitary risk from the trade concerned.
            
            
               
            
               Annex V
            
            
               List of certain third countries referred to in Article 5(6) and frequencies of physical checks
            
         
         
            
               1.New Zealand
            
            
               In the case of New Zealand, the frequencies shall be those provided for in the Agreement which was approved by Council Decision 97/132/EC in the form of an Exchange of Letters concerning the provisional application of the Agreement between the European Community and New Zealand on sanitary measures applicable to trade in live animals and animal products
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               . 
            
            
               2.Canada
            
            
               In the case of Canada, the frequencies shall be those provided for in Annex VIII to the Agreement which was approved by Council Decision 1999/201/EC
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               .
            
            
               3.Chile
            
            
               In the case of Chile, the frequencies shall be those provided for in the Agreement on Sanitary and Phytosanitary Measures applicable to Trade in Animals and Animal Products, Plants, Plant Products and other Goods and Animal Welfare set out in Annex IV to the Association Agreement which was approved by Council Decision 2002/979/EC
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               .
            
         
         
            
                  
                     (1)
                  
                  
                        Council Decision 97/132/EC of 17 December 1996 on the conclusion of the Agreement between the European Community and New Zealand on sanitary measures applicable to trade in live animals and animal products (97/132/EC) (OJ L 57, 26.2.1997, p. 4).
                  
               
               
                  
                     (2)
                  
                  
                        Council Decision 1999/201/EC of 14 December 1998 on the conclusion of the Agreement between the European Community and the Government of Canada on sanitary measures to protect public and animal health in respect of trade in live animals and animal products (OJ L 71, 18.3.1999, p. 1).
                  
               
               
                  
                     (3)
                  
                  
                        Council Decision 2002/979/EC of 18 November 2002 on the signature and provisional application of certain provisions of an Agreement establishing an association between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part OJ L 352, 30.12.2002, p. 1).