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Document 32024R0591

Commission Implementing Regulation (EU) 2024/591 of 20 February 2024 amending Implementing Regulation (EU) 2022/2389 concerning the establishment of frequency rates for identity checks and physical checks on consignments of plants, plant products and other objects entering the Union

C/2024/955

OJ L, 2024/591, 21.2.2024, ELI: http://data.europa.eu/eli/reg_impl/2024/591/oj (BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

Legal status of the document In force

ELI: http://data.europa.eu/eli/reg_impl/2024/591/oj

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Official Journal
of the European Union

EN

Series L


2024/591

21.2.2024

COMMISSION IMPLEMENTING REGULATION (EU) 2024/591

of 20 February 2024

amending Implementing Regulation (EU) 2022/2389 concerning the establishment of frequency rates for identity checks and physical checks on consignments of plants, plant products and other objects entering the Union

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)

Commission Implementing Regulation (EU) 2022/2389 (2) establishes rules for the uniform application of frequency rates for identity checks and physical checks on consignments of plants, plant products and other objects referred to in Article 47(1), point (c), of Regulation (EU) 2017/625 entering the Union. Annex I to Implementing Regulation (EU) 2022/2389 sets out the list of plants, plant products and other objects which are subject to identity checks and physical checks at specific frequency rates.

(2)

In accordance with Article 6(1) of Implementing Regulation (EU) 2022/2389, the frequency rates set out in Annex I to that Implementing Regulation are to 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 to that Implementing Regulation. In accordance with Article 6(2), the frequency rates for identity checks and physical checks for plants, plant products and other objects, or categories thereof, are to 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 established a working group of experts who examined the situation of imports in 2022 and 2023 of plants, plant products and other objects referred to in Article 47(1), point (c), of Regulation (EU) 2017/625. On the basis of the criteria referred to in Article 6(1) of Implementing Regulation (EU) 2022/2389, the working group indicated the minimum frequency rates of identity and physical checks it deemed appropriate for certain plants, plant products and other objects from particular third countries of origin.

(4)

A method based on the risk and on statistics was used taking into account a series of variables, which includes: the estimated mobility index of the Union quarantine pests at the most mobile stage to which they could develop on the relevant plants, plant products or other objects, or categories thereof; 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; 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; the total number of consignments of the goods concerned notified for other reasons than the presence of Union quarantine pests and the details thereof; and any other factor relevant for the determination of the phytosanitary risk associated with the trade concerned.

(5)

In particular, and mainly due to a lower number of interceptions of consignments affected by Union quarantine pests, the minimum frequency rates of identity and physical checks should be decreased for cut flowers of Dianthus from Türkiye, Rosa from Colombia, fruits of Persea americana from all third countries, Prunus and Pyrus from European third countries, Prunus persica from South Africa and Vaccinium from Peru.

(6)

Furthermore, in order to ensure that a minimum number of identity checks and physical checks is performed in all cases despite a lower number of imported consignments for fruits of Passiflora originating in Kenya and Vaccinium from Argentina, the respective minimum frequency rates of identity checks and physical checks should be increased.

(7)

The minimum frequency rates of identity checks and physical checks should be increased due to interceptions of consignments affected by Union quarantine pests for cut flowers of Rosa from Kenya and Rosa from Ethiopia, fruits of Citrus from Egypt, roots and tubercles of Curcuma longa and Zingiber officinale from Peru, and roots and tubercles of Curcuma longa from Thailand.

(8)

For reasons of legal clarity, all lines in Annex I where a minimum frequency rate of 100 % is currently foreseen should be deleted because this is the standard rate for all plants, plant products and other objects set out in Article 4(2) of Implementing Regulation (EU) 2022/2389.

(9)

In view of the above, the Commission considers that the frequency rates for identity and physical checks set out in Annex I to Implementing Regulation (EU) 2022/2389 should be modified.

(10)

For reasons of clarity, it is appropriate to replace Annex I to Implementing Regulation (EU) 2022/2389.

(11)

In order to allow the competent authorities sufficient time to adapt to the new frequency rates, this Regulation should apply from 1 May 2024.

(12)

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

Amendment to Implementing Regulation (EU) 2022/2389

Annex I to Implementing Regulation (EU) 2022/2389 is replaced by the text set out in the Annex to this Regulation.

Article 2

Entry into force and date of application

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

It shall apply from 1 May 2024.

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

Done at Brussels, 20 February 2024.

For the Commission

The President

Ursula VON DER LEYEN


(1)   OJ L 95, 7.4.2017, p. 1.

(2)  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 (OJ L 316, 8.12.2022, p. 42).


ANNEX

Annex I to Commission Implementing Regulation (EU) 2022/2389 is replaced by the following:

‘ANNEX I

Frequency rates of identity checks and physical checks of the consignments of certain plants, plant products and other objects, or categories thereof, as referred to in Article 4(3)

Plant, plant product or other object, or a category thereof

Country of origin

Minimum frequency rate of identity and physical checks (%)

CUT FLOWERS

Aster

Zimbabwe

75

Dianthus

Colombia

3

Dianthus

Ecuador

15

Dianthus

Kenya

5

Dianthus

Türkiye

25

Gypsophila

Ecuador

5

Gypsophila

Kenya

10

Phoenix

Costa Rica

50

Rosa

Colombia

3

Rosa

Ecuador

1

Rosa

Ethiopia

25

Rosa

Kenya

25

Rosa

Zambia

50

FRUITS

Actinidia

All third countries

10

Carica papaya

All third countries

10

Fragaria

All third countries

5

Persea americana

All third countries

1

Rubus

All third countries

5

Vitis

All third countries

1

Malus

European third countries (1)

15

Prunus

European third countries (1)  (2)

5

Pyrus

European third countries (1)

50

Vaccinium

European third countries (1)

50

Citrus

Egypt

75

Citrus

Israel

35

Citrus

Mexico

25

Citrus

Morocco

3

Citrus

Peru

10

Citrus

Türkiye

7

Citrus

USA

50

Malus

Argentina

35

Malus

Chile

5

Malus

New Zealand

10

Malus

South Africa

15

Mangifera

Brazil

75

Passiflora

Colombia

5

Passiflora

Réunion

10

Passiflora

South Africa

75

Passiflora

Viet Nam

15

Prunus

Chile

10

Prunus

South Africa

10

Prunus

Türkiye

35

Pyrus

Argentina

25

Pyrus

Chile

15

Pyrus

South Africa

10

Vaccinium

Argentina

50

Vaccinium

Chile

10

Vaccinium

Peru

5

VEGETABLES

Solanum lycopersicum

Canary Islands

25

Solanum lycopersicum

Morocco

1

Root and tubercle vegetables, other than tubers of Solanum tuberosum L. (3)  (4)

All third countries (5)

5

Curcuma longa

Thailand

25

USED MACHINERY

Machinery and vehicles which have been operated for agricultural or forestry purposes

All third countries

10


(1)  Albania, Andorra, Armenia, Azerbaijan, Belarus, Bosnia and Herzegovina, Canary Islands, Faeroe Islands, Georgia, Iceland, Liechtenstein, Moldova, Monaco, Montenegro, North Macedonia, Norway, Russia (only the following parts: Central Federal District (Tsentralny federalny okrug), Northwestern Federal District (Severo-Zapadny federalny okrug), Southern Federal District (Yuzhny federalny okrug), North Caucasian Federal District (Severo-Kavkazsky federalny okrug) and Volga Federal District (Privolzhsky federalny okrug)), San Marino, Serbia, Türkiye, Ukraine and United Kingdom.

(2)  Other than Türkiye.

(3)  Commission Implementing Regulation (EU) 2019/2072 of 28 November 2019 establishing uniform conditions for the implementation of Regulation (EU) 2016/2031 of the European Parliament and the Council, as regards protective measures against pests of plants, and repealing Commission Regulation (EC) No 690/2008 and amending Commission Implementing Regulation (EU) 2018/2019, Annex VII, point 12 (OJ L 319, 10.12.2019, p. 103).

(4)  Excluding Curcuma longa and Zingiber officinale from Peru, and Curcuma longa from Thailand.

(5)  Other than Cameroon.


ELI: http://data.europa.eu/eli/reg_impl/2024/591/oj

ISSN 1977-0677 (electronic edition)


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