Commission Implementing Regulation (EU) 2019/2129

Contents

Article 1Subject 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) and (b) of Regulation (EU) 2017/625 intended to be placed on the market.

Article 2Definitions#

For the purpose of this Regulation,

1.‘frequency rate’ means the minimum percentage of consignments of animals and goods referred to in Article 1, determined in accordance with this Regulation, of the number of consignments arrived at the border control post during an identified period, for which identity checks and physical checks are to 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 3Selection 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 is automatically generated by the 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 of this Article, the competent authorities shall perform identity checks as referred to in Article 3(1) of Implementing Regulation (EU) 2019/2130.

Article 4Frequency rates for identity checks and physical checks#

1.The competent authorities shall perform identity checks and physical checks on consignments of animals, products of animal origin, germinal products, animal by-products, derived products, hay and straw and composite products at the frequency rates determined in accordance with Article 5.

2.For the third countries listed in Annex II with which the Union has concluded agreements of equivalence, physical checks shall be carried out according to the frequency rates established by these agreements.

Article 5Determination and modification of frequency rates for identity checks and physical checks performed on animals, products of animal origin, germinal products, animal by-products, derived products, hay and straw and composite products#

1.The baseline frequency rates for identity checks and for physical checks on consignments of animals and goods referred to in Article 1 are set out in Annex I to this Regulation, based on the scientific assessments and information referred to in points (a)(v) and (vi) of the first subparagraph of Article 54(3) of Regulation (EU) 2017/625.

2.The frequency rate for physical checks on specific goods from a specific third country may be increased where serious deficiencies are identified based on:

(a)information collected by the Commission in accordance with Article 125(1) of Regulation (EU) 2017/625; or

(b)the outcome of controls performed by Commission experts in accordance with Article 120(1) of Regulation (EU) 2017/625.In this case, the frequency rate determined in accordance with paragraph 1 is increased to the next higher baseline frequency rate set out in Annex I or to a frequency rate of 50 % where the frequency rate applicable to the specific category of goods is at 30 %,

3.The frequency rate of physical checks shall be increased from the baseline frequency rate determined in accordance with paragraph 1 to the next higher baseline frequency rate set out in Annex I, or to a frequency rate of 50 % if the frequency rate applicable to the specific category of goods is at 30 %, where data and information collected via the IMSOC indicate for specific goods from a specific third country a level of non-compliance with respect to physical checks in the last 12 months, for the same category of goods, which exceeds by 30 % the average rate of non-compliance for the same category of goods from all third countries.

4.Where the criteria referred to in paragraph 2 or in paragraph 3 are no longer met, the frequency rate shall be reduced to the respective baseline frequency rate set out in Annex I.

5.The Commission shall make frequency rates determined in accordance with this Article available to competent authorities and to operators through the IMSOC.

Article 6Repeals#

Decision 94/360/EC is repealed with effect from 14 December 2019.

Article 7Entry 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 14 December 2019.

Annex I

Baseline criteria for determining the baseline frequency rates for the identity checks and physical checks of the consignments of animals, products of animal origin, germinal products, animal by-products, derived products, hay and straw and composite products

Baseline criteria for determining baseline frequency rates for identity checks and physical checks	Baseline frequency rates that apply to
Risk category	Category of animals or goods^note	Identity checks	Physical checks
I	Animals	100 %	100 %
II	Minced meat, mechanically separated meat and meat preparations for human consumption (HC)Poultry meat for HCRabbit meat, game meat, and their meat products for HCEggs for HCEgg products for HC which are preserved at frozen or chilled temperaturesMilk for HCDairy products and colostrum-based products for HC, which are preserved at frozen or chilled temperaturesFishery products from aquaculture and bivalve molluscs for HC, which are not in hermetically sealed containers intended to render them stable at ambient temperatureAnimal by-products and derived products, for feeding of farmed animals	100 %	30 %
III	Meat other than meat mentioned in risk category II, and meat products derived from such meat, for HCRendered animal fat and greaves for HCPoultry meat products for HCEgg products for HC, other than those mentioned in risk category IIDairy products and colostrum-based products for HC other than those mentioned in risk category IIFishery products other than those mentioned in risk category IIHoney and other apiculture products for HCComposite products other than those mentioned in risk category IVHatching eggsOrganic fertilisers and soil improvers, derived from animal by-productsFrog legs and snails for HCInsects for HC	100 %	15 %
IV	Gelatine and collagen for HCCasingsSemen and embryosAnimal by-products and derived products, other than those mentioned in risk categories II and IIIComposite products falling within Article 12(2), point (c), of Delegated Regulation (EU) 2019/625	100 %	5 %
V	Highly refined products for HCHay and strawOther goods than those mentioned in risk categories II, III and IV	100 %	1 %

Annex II · List of certain third countries referred to in Article 4(2) 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^note 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.

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^note.

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^note.