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 [F1appropriate authority] 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 [F2appropriate computerised information management system] 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 [F3appropriate authority] shall make frequency rates determined in accordance with this Article available to competent authorities and to operators through the [F4appropriate computerised information management system].
Textual Amendments
F1Words in Art. 5(2)(a) substituted (31.12.2020) by The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1481), regs. 1, 36(5)(a) (with reg. 46)
F2Words in Art. 5(3) substituted (31.12.2020) by The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1481), regs. 1, 36(5)(b) (with reg. 46)
F3Words in Art. 5(5) substituted (31.12.2020) by The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1481), regs. 1, 36(5)(c)(i) (with reg. 46)
F4Words in Art. 5(5) substituted (31.12.2020) by The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1481), regs. 1, 36(5)(c)(ii) (with reg. 46)