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.
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)Text with EEA relevance
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)Text with EEA relevance
Article 1 Subject matter and scope
Article 2 Definition
For the purpose of this Regulation:
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‘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;
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‘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:
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a random selection of a consignment shall be automatically generated by IMSOC;
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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(1).
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:
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plants intended for planting;
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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.