Prováděcí nařízení Komise (EU) 2026/1101 ze dne 22. května 2026, kterým se mění prováděcí nařízení (EU) 2022/2389, pokud jde o minimální míry četnosti kontrol totožnosti a fyzických kontrol u zásilek rostlin, rostlinných produktů a jiných předmětů vstupujících do Unie

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)OJ L 95, 7.4.2017, p. 1 , ELI: http://data.europa.eu/eli/reg/2017/625/oj. , and in particular Article 54(3), first subparagraph, point (a), thereof,

Implementing Regulation (EU) 2022/2389 is amended as follows:

The frequency rates referred to in paragraph 3 shall not apply to:

(a) plants intended for planting;

(b) any plant, plant product or other object or categories thereof 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; and

(c) plants, plant products or other objects or categories thereof for which equivalent requirements concerning third countries have been laid down in the implementing act adopted pursuant to Article 44(1) of Regulation (EU) 2016/2031 until 31 December of the third consecutive year from the date of application of that implementing act.

OJ L 95, 7.4.2017, p. 1 , ELI: http://data.europa.eu/eli/reg/2017/625/oj.

(1) Commission Implementing Regulation (EU) 2022/2389Commission 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 , ELI: http://data.europa.eu/eli/reg_impl/2022/2389/oj). 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 that are subject to official controls at the border control posts of first arrival into the Union. Annex I to that Implementing Regulation 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 Article 54(3), points (a)(i), (ii), (iv), (v) and (vi), 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) of that Implementing Regulation, 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 the information management system IMSOC or provided by Member States, and modified accordingly.

(3) The Commission established a working group that examined the situation of imports in 2022, 2023, 2024 and the first months of 2025 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 recommended the minimum frequency rates of identity and physical checks it deemed appropriate for the consignments of certain plants, plant products and other objects from particular third countries of origin.

(4) On the basis of the findings following the application of those criteria, and due to a lower number of interceptions of consignments affected by Union quarantine pests and a higher number of consignments entering the Union over the last three years, the minimum frequency rates of identity and physical checks for certain plants should be decreased to ensure that an appropriate level of controls is maintained.

(5) In particular, those rates should be decreased for the import of the following plants: cut flowers of Aster from Zimbabwe, Dianthus from Türkiye, Gypsophila from Kenya and Rosa from Zambia, fruits of Actinidia from all third countries, Carica papaya from all third countries, Rubus from all third countries, Malus from European third countries, Pyrus from European third countries, Vaccinium from European third countries, Citrus from Israel other than Citrus sinensis , Citrus from Türkiye, Malus from South Africa, Mangifera from Brazil, Passiflora from South Africa and Viet Nam, Prunus from Argentina, Chile and Türkiye, Psidium from Brazil, Pyrus from Argentina and China, and Vaccinium from Argentina and Chile.

(6) Furthermore, the minimum frequency rates of identity and physical checks for certain plants, as established in Annex I to Implementing Regulation (EU) 2022/2389, should be increased in order to reach the minimum number of at least 600 consignments of plants to be checked over three years pursuant to point (b) of point 1 of Annex II to Implementing Regulation (EU) 2022/2389. In particular, they should be increased for the import of the following plants: fruits of Prunus from European third countries, Citrus originating in Mexico, and roots and tubercles of Curcuma longa from all third countries.

(7) Additionally, due to interceptions of consignments affected by Union quarantine pests, the minimum frequency rates of identity checks and physical checks established in Annex I to Implementing Regulation (EU) 2022/2389 should be increased for cut flowers of Gypsophila from Ecuador and Rosa from Colombia, fruits of Persea americana from all third countries, roots and tubercles of Curcuma longa from Thailand and Peru, and roots and tubercles of Zingiber officinale from Peru.

(8) While specific minimum frequency rates of identity and physical checks for consignments of Prunus originating in Türkiye have previously been established, recent interception data indicate that the risk associated with such consignments no longer differs significantly from the risk with consignments of Prunus originating in other European third countries. It is therefore appropriate to apply the same minimum frequency rates of identity and physical checks for consignments of Prunus from Türkiye, as for Prunus consignments from all other European third countries.

(9) Moreover, and because the average number of consignments entering the Union over the last three years has been lower than the figures set out in points (a) and (b) of point 1 of Annex II to Implementing Regulation (EU) 2022/2389, the minimum frequency rates of identity checks and physical checks should be increased to 100 % for fruits of Citrus from the United States, and consequently it is appropriate to remove those fruits from Annex I to that Implementing Regulation.

(10) In accordance with Article 44(1), point (a), of Regulation (EU) 2016/2031 of the European Parliament of the CouncilRegulation (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 , ELI: http://data.europa.eu/eli/reg/2016/2031/oj). , the Commission is to set equivalent requirements, by means of implementing acts, on request of a particular third country, if the third country concerned ensures, through the application under its official control of one or more specified measures, a level of phytosanitary protection that is equivalent to the special Union requirements regarding the introduction into, or movement within, the Union territory of the plants, plant products and other objects concerned from other third countries and if the third country concerned demonstrates to the Commission that the specified measures achieve the same level of phytosanitary protection as in the Union.

(1) Article 4(4) is replaced by the following:4.The frequency rates referred to in paragraph 3 shall not apply to: (a) plants intended for planting;(b) any plant, plant product or other object or categories thereof 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; and(c) plants, plant products or other objects or categories thereof for which equivalent requirements concerning third countries have been laid down in the implementing act adopted pursuant to Article 44(1) of Regulation (EU) 2016/2031 until 31 December of the third consecutive year from the date of application of that implementing act. ;

(a) plants intended for planting;

(b) any plant, plant product or other object or categories thereof 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; and

(c) plants, plant products or other objects or categories thereof for which equivalent requirements concerning third countries have been laid down in the implementing act adopted pursuant to Article 44(1) of Regulation (EU) 2016/2031 until 31 December of the third consecutive year from the date of application of that implementing act.

(11) The official controls conducted to check the compliance of imported plants, plant products, and other objects with the requirements set out in implementing acts adopted in accordance with Article 44(1) of Regulation (EU) 2016/2031, have shown that it is necessary and appropriate to monitor that compliance, through import controls specifically targeting those commodities. Therefore, when applying the method to decide the frequency rates of identity checks and physical checks on consignments, those plants, plant products and other objects or categories thereof should be evaluated as a single category and not be combined with other categories of plants, plant products or other objects. The number of such consignments of plants, plant products or other objects or categories thereof, entering the Union, for which documentary checks, identity checks and physical checks have been carried out during the previous three years, should be at least 600. For the same reason, the number of those consignments found infested by Union quarantine pests should each year be less than 1 % of the total number of consignments of said plants, plant products and other objects, or categories thereof, imported into the Union.

(12) In addition, it is appropriate to achieve the highest possible level of confidence concerning the acceptability of the phytosanitary risk of such plants, plant products or other objects, or categories thereof. For this reason, it is necessary to subject the highest possible number of consignments of such plants, plant products and other objects or categories thereof to identity and physical checks. Therefore, for a period of three years from the date of application of the implementing act that concerns those plants, plant products or other objects, or categories thereof, adopted pursuant to Article 44(1) of Regulation (EU) 2016/2031 and until 31 December of the third consecutive year, the frequency rate of identity checks and physical checks on consignments of such plants, plant products or other objects, or categories thereof should be 100 %.

(13) Implementing Regulation (EU) 2022/2389 should therefore be amended accordingly.

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

(2) Annex I is replaced by the text set out in the Annex to this Regulation;

(3) point 1 of Annex II is replaced by the following:1. A new frequency rate may be established where:(a) the average number of consignments of plants, plant products or other objects, or categories thereof, entering the Union over the preceding three years, is at least 200 per year;(b) the number of consignments of plants, plant products and other objects, or categories thereof, or, after the period provided for in Article 4(4), point (c), the number of such consignments subject to an implementing act adopted pursuant to Article 44(1) of Regulation (EU) 2016/2031, entering the Union, for which documentary checks, identity checks and physical checks have been carried out during the previous three years, is at least 600;(c) the number of consignments of the plants, plant products and other objects, or categories thereof, or the number of such consignments subject to an implementing act adopted pursuant to Article 44(1) of Regulation (EU) 2016/2031, which were found infested by Union quarantine pests each year is less than 1 % of the total number of consignments of those plants, plant products and other objects, or categories thereof, imported into the Union..

(a) the average number of consignments of plants, plant products or other objects, or categories thereof, entering the Union over the preceding three years, is at least 200 per year;

(b) the number of consignments of plants, plant products and other objects, or categories thereof, or, after the period provided for in Article 4(4), point (c), the number of such consignments subject to an implementing act adopted pursuant to Article 44(1) of Regulation (EU) 2016/2031, entering the Union, for which documentary checks, identity checks and physical checks have been carried out during the previous three years, is at least 600;

(c) the number of consignments of the plants, plant products and other objects, or categories thereof, or the number of such consignments subject to an implementing act adopted pursuant to Article 44(1) of Regulation (EU) 2016/2031, which were found infested by Union quarantine pests each year is less than 1 % of the total number of consignments of those plants, plant products and other objects, or categories thereof, imported into the Union..

1. A new frequency rate may be established where:(a) the average number of consignments of plants, plant products or other objects, or categories thereof, entering the Union over the preceding three years, is at least 200 per year;(b) the number of consignments of plants, plant products and other objects, or categories thereof, or, after the period provided for in Article 4(4), point (c), the number of such consignments subject to an implementing act adopted pursuant to Article 44(1) of Regulation (EU) 2016/2031, entering the Union, for which documentary checks, identity checks and physical checks have been carried out during the previous three years, is at least 600;(c) the number of consignments of the plants, plant products and other objects, or categories thereof, or the number of such consignments subject to an implementing act adopted pursuant to Article 44(1) of Regulation (EU) 2016/2031, which were found infested by Union quarantine pests each year is less than 1 % of the total number of consignments of those plants, plant products and other objects, or categories thereof, imported into the Union..

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European 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 (OJ L 316, 8.12.2022, p. 42 , ELI: http://data.europa.eu/eli/reg_impl/2022/2389/oj).

Article 1 Article 1 Amendment of Implementing Regulation (EU) 2022/2389

Article 2 Article 2 Entry into force

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 , ELI: http://data.europa.eu/eli/reg/2016/2031/oj).

HAS ADOPTED THIS REGULATION: