
Article 1 
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 2 
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.. The  ‘appropriate computerised information management system’ is the system for or official controls referred to in Article 131 of Regulation (EU) 2017/625;
3.. ‘the appropriate authority’ has the meaning given in Article 3 of Regulation (EU) 2017/625.
4.. ‘Dogchews’ has the meaning given by point 17 of Annex 1 to Regulation 142/2011;
5.. ‘Meat’ has the meaning given by point 1.1 of Annex 1 to Regulation 853/2004;
6.. ‘Poultry’ has the meaning given by point 1.3 of Annex 1 to Regulation (EC) 853/2004 of the European Parliament and of the Council laying down specific hygiene rules for food of animal origin;
7.. ‘Poultry meat’ means meat which come from the edible parts of poultry;
8.. ‘Poultry meat products’ means processed products resulting from the processing of poultry meat or from the further processing of such processed products, so that the cut surface shows that the product no longer has the characteristics of fresh meat.
Article 3 

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  appropriate computerised information management system;
(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 4 

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 , except where paragraphs 3 to 8 apply.
2. In a case where an agreement of equivalence between Great Britain and a third country or between the United Kingdom and a third country has been or is concluded, physical checks must be carried out in accordance with any provisions governing frequency rates under that agreement.
(3. Where the appropriate authority has conducted an assessment in relation to—
(a) the risks attached to the importation of—
(i) a species or category of animal, or
(ii) a category of goods mentioned in paragraph 1, and
(b) the risks posed by the importation of that category of animals or goods from (as the case may be) a particular region, third country, or part of a country,
the appropriate authority may determine the frequency rate which is to apply to that category of animals or goods.
(4. In determining the frequency rate to apply in accordance with paragraph 3, the appropriate authority musttake into account the factors specified in Article 44(2) of the Official Controls Regulation.
(5. Where, in accordance with paragraph 3, the appropriate authority has determined the frequency rate to apply to a species of animal or category of goods or products, the authority must publish the frequency rate online.
(6. Where—
(a) the appropriate authority has concluded an agreement as referred to in paragraph 2, or
(b) direct assimilated legislation or other national rules require an increase in the frequency rates published online,
the frequency rates determined in accordance with paragraph 3 must be increased, or as the case may be, decreased, in accordance with the requirements of that agreement, legislation or rule.
(7. The frequency rates determined by the appropriate authority under or in accordance with this Regulation, in relation to—
(a) meat and edible offal of sheep, fresh, chilled or frozen, originating in New Zealand,
(b) poultry meat products originating in China or Thailand, and
(c) pet food and dogchews originating in any third country,
must be no lower than the frequency rates applying in relation to corresponding goods being imported into Northern Ireland.
(8. In this Article, a reference to the determination of the frequency rate by the appropriate authority includes the redetermination of the rate from time to time.
Article 5 

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  appropriate 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  appropriate 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  appropriate authority  shall make frequency rates determined in accordance with this Article available to competent authorities and to operators through the  appropriate computerised information management system.
Article 6 
Decision 94/360/EC is repealed with effect from 14 December 2019.
Article 7 
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.
Article 8 

(1.) This Regulation applies subject to the derogations and modifications specified in Annex 6 to Regulation (EU) 2017/625 and in paragraph 3 of this Article during the transitional staging period, in relation to relevant goods entering Great Britain from a relevant third country.
(2.) In this Article  ‘appropriate frequency rate’,  ‘transitional staging period’,  ‘relevant goods’ and  ‘relevant third country’ have the meanings given in Annex 6 to Regulation (EU) 2017/625.
(3.) For Article 5, substitute—“
Article 5 

(1.) In relation to relevant goods entering Great Britain from a relevant third country during the transitional staging period, identity and physical checks must be carried out at the appropriate frequency rate.
(2.) In this Article  ‘appropriate frequency rate’ has the meaning given in Annex 6 to Regulation (EU) 2017/625.”
...Done at Brussels, 25 November 2019.
For the Commission
The President
Jean-Claude JUNCKER
ANNEX I

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 identity checks physical checks
I Animals 100 % 100 %
II 
— Minced meat, mechanically separated meat and meat preparations for human consumption (HC)
— Poultry meat for HC
— Rabbit meat, game meat, and their meat products for HC
— Eggs for HC
— Egg products for HC which are preserved at frozen or chilled temperatures
— Milk for HC
— Dairy products and colostrum-based products for HC, which are preserved at frozen or chilled temperatures
— Fishery products from aquaculture and bivalve molluscs for HC, which are not in hermetically sealed containers intended to render them stable at ambient temperature
— Animal by-products and derived products, for feeding of farmed animals 100 % 30 %
III 
— Meat other than meat mentioned in Category II, and meat products derived from such meat, for HC
— Rendered animal fat and greaves for HC
— Poultry meat products for HC
— Egg products for HC, other than those mentioned in Category II
— Dairy products and colostrum-based products for HC other than those mentioned in Category II
— Fishery products other than those mentioned in Category II
— Honey and other apiculture products for HC
— Composite products
— Hatching eggs
— Organic fertilisers and soil improvers, derived from animal by-products
— Frog legs and snails for HC
— Insects for HC 100 % 15 %
IV 
— Gelatine and collagen for HC
— Casings
— Semen and embryos
— Animal by-products and derived products, other than those mentioned in Category II and Category III 100 % 5 %
V 
— Highly refined products for HC
— Hay and straw
— Other goods than those mentioned in Category II, Category III and Category IV 100 % 1 %

ANNEX II
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3. 
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