Commission Implementing Regulation (EU) 2026/1101 of 22 May 2026 amending Implementing Regulation (EU) 2022/2389 as regards the minimum frequency rates for identity checks and physical checks on consignments of plants, plant products and other objects entering the Union

Official Journal EN of the European Union L series 2026/1101 26.5.2026 COMMISSION IMPLEMENTING REGULATION(EU) 2026/1101 of 22 May 2026 amending Implementing Regulation (EU) 2022/2389 as regards the minimum 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 Article 54(3), first subparagraph, point (a), 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 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.

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

(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, ELI: http://data.europa.eu/eli/reg_impl/2022/2389/oj).

ELI: http://data.europa.eu/eli/reg_impl/2026/1101/oj 1/7EN OJ L, 26.5.2026

(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, Citrusfrom Türkiye, Malusfrom South Africa, Mangiferafrom Brazil, Passiflorafrom South Africa and Viet Nam, Prunusfrom Argentina, Chile and Türkiye, Psidiumfrom Brazil, Pyrusfrom Argentina and China, and Vacciniumfrom 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 longafrom 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 Gypsophilafrom Ecuador and Rosafrom Colombia, fruits of Persea americanafrom all third countries, roots and tubercles of Curcuma longafrom 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 Prunusfrom Türkiye, as for Prunusconsignments 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 Citrusfrom 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 Council(3), 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.

(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.

(3) 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).

2/7 ELI: http://data.europa.eu/eli/reg_impl/2026/1101/ojEN OJ L, 26.5.2026

(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,

HAS ADOPTED THIS REGULATION:

Article 1 Amendment of Implementing Regulation (EU) 2022/2389 Implementing Regulation (EU) 2022/2389 is amended as follows:

(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.’;

(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.’.

ELI: http://data.europa.eu/eli/reg_impl/2026/1101/oj 3/7EN OJ L, 26.5.2026 Article 2 Entry into force This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

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

Done at Brussels, 22 May 2026.

For the Commission The President Ursula VON DER LEYEN 4/7 ELI: http://data.europa.eu/eli/reg_impl/2026/1101/ojEN OJ L, 26.5.2026 ANNEX ‘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 Minimum frequency rate of identity and Country of origin thereof physical checks (%) Cut flowers Aster Zimbabwe 75 Dianthus Colombia 3 Dianthus Ecuador 10 Dianthus Kenya 5 Dianthus Türkiye 10 Gypsophila Ecuador 5 Gypsophila Kenya 3 Phoenix Costa Rica 50 Rosa Colombia 5 Rosa Ecuador 1 Rosa Ethiopia 25 Rosa Kenya 25 Rosa Zambia 75 Fruits Actinidia All third countries 5 Carica papaya All third countries 5 Fragaria All third countries other 5 than Egypt Persea americana All third countries other 3 than Cameroon Rubus All third countries 3 Vitis All third countries 1 Malus European third 5 countries(1) Prunus European third 5 countries(1) Pyrus European third 5 countries(1)

ELI: http://data.europa.eu/eli/reg_impl/2026/1101/oj 5/7EN OJ L, 26.5.2026 Plant, plant product or other object, or a category Minimum frequency rate of identity and Country of origin thereof physical checks (%) Vaccinium European third 25 countries(1) Citrus Egypt 50 Citrusother than Citrus sinensis Israel 5 Citrus Mexico 50 Citrus Morocco 5 Citrus Peru 10 Citrus Türkiye 3 Malus Argentina 75 Malus Chile 5 Malus New Zealand 15 Malus South Africa 10 Mangifera Brazil 50 Passiflora Colombia 5 Passiflora Réunion 10 Passiflora South Africa 50 Passiflora Viet Nam 10 Prunus Argentina 50 Prunus Chile 15 Prunus South Africa 10 Psidium Brazil 75 Pyrus Argentina 15 Pyrus Chile 15 Pyrus China 25 Pyrus South Africa 10 Vaccinium Argentina 35 Vaccinium Chile 10 Vaccinium Peru 5 6/7 ELI: http://data.europa.eu/eli/reg_impl/2026/1101/ojEN OJ L, 26.5.2026 Plant, plant product or other object, or a category Minimum frequency rate of identity and Country of origin thereof physical checks (%) Vegetables Solanum lycopersicum Canary Islands 15 Solanum lycopersicum Morocco 1 Root and tubercle vegetables, other than tubers All third countries other 5 of Solanum tuberosum, Curcuma longaand Zingiber than Cameroon officinale Roots and tubercles of Curcuma longa All third countries other 15 than Thailand, Peru and Cameroon Roots and tubercles of Zingiber officinale All third countries other 5 than Peru and Cameroon Used machinery Machinery and vehicles which have been All third countries 5 operated for agricultural or forestry purposes

(1) Albania, Andorra, Armenia, Azerbaijan, Belarus, Bosnia and Herzegovina, Canary Islands, Faeroe Islands, Georgia, Iceland, Liechten­ stein, Moldova, Monaco, Montenegro, North Macedonia, Norway, Russia (only the following parts: Central Federal District (Tsen­ tralny 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 (*).

(*) In accordance with the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the Eur­ opean Union and the European Atomic Energy Community, and in particular Article 5(4) of the Windsor Framework (see Joint Declaration No 1/2023 of the Union and the United Kingdom in the Joint Committee established by the Agreement on the withdra­ wal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Com­ munity of 24 March 2023, OJ L 102, 17.4.2023, p. 87) in conjunction with Annex 2 to that Framework, for the purposes of this Annex, references to the United Kingdom do not include Northern Ireland.’.

ELI: http://data.europa.eu/eli/reg_impl/2026/1101/oj 7/7