Commission Implementing Regulation (EU) 2023/1134 of 8 June 2023 on measures to prevent the introduction into, establishment and spread within the Union territory of Spodoptera frugiperda (Smith), amending Implementing Regulation (EU) 2019/2072 and repealing Implementing Decision (EU) 2018/638

Article 1

Subject matter

This Regulation sets out measures to prevent the introduction into the Union territory, and establishment and spread within that territory of Spodoptera frugiperda (Smith).

Article 2

Definitions

For the purposes of this Regulation, the following definitions shall apply:

(1) ‘specified pest’ means Spodoptera frugiperda (Smith);

(2) ‘specified plants’ means: (a) fruits of Capsicum L., Momordica L., Solanum aethiopicum L., Solanum macrocarpon L. and Solanum melongena L.; (b) plants of Asparagus officinalis L., other than stems covered during their entire life by soil, live pollen, plant tissue cultures and seeds; (c) plants of Zea mays L., other than live pollen, plant tissue cultures, seeds and grains; (d) plants of Chrysanthemum L., Dianthus L. and Pelargonium l’Hérit. ex Ait., other than seeds;

(3) ‘host plants’ means plants listed in Annex I.

Article 3

Surveys of the Union territory

Those surveys shall be conducted in particular:

(a) on the basis of the level of the corresponding phytosanitary risk;

(b) at areas close to regions where the pest is known to be present;

(c) at areas where host plants enter the Union territory, where they are handled and repacked, and where their waste is disposed of;

(d) at airports and seaports;

(e) at nurseries, garden centres and retail shops, as appropriate;

(f) in sites of production with physical isolation against the specified pest and in greenhouses, on the basis of visual inspections.

The surveys shall in particular consist of:

(a) the use of traps, such as pheromone or light traps, and in the case of any suspicion of infestation by the specified pest, collection of samples and identification;

(b) visual examination, where appropriate.

Article 4

Contingency plans

Each Member State shall, in addition to the obligations provided for in Article 25 of Regulation (EU) 2016/2031, include in its contingency plan the actions to be taken in its territory concerning:

(a) the procedures for identifying the owners of the plants to be destroyed, accessing private properties and notifying the order of destruction;

(b) the procedures to mobilise the needed financial support to eradicate the specified pest;

(c) where appropriate, the information on the wind patterns in the Member States’ territory that would facilitate the migration of the specified pest;

(d) the list of appropriate control methods for the pest, which shall be kept updated based on the latest scientific and technical information.

Article 5

Establishment of demarcated areas

Where the presence of the specified pest is confirmed, the Member State concerned shall, without delay, establish a demarcated area consisting of:

(a) an infested zone, including the location with the infested plants and all plants which are liable to become infested within a 100 m radius around the finding of the specified pest; and

(b) a buffer zone of at least 5 km and maximum 100 km wide, beyond the boundary of the infested zone.

The buffer zone may be expanded to more than 100 km if the Member State considers that necessary for the protection of its territory from the specified pest.

Article 6

Derogations from the establishment of demarcated areas

By way of derogation from Article 5, the competent authorities may choose not to establish a demarcated area, if at least one of the following conditions are fulfilled:

(a) there is evidence that the specified pest has been introduced into the area with the plants on which it was found, and those plants were infested before their introduction into the area concerned and no multiplication of the specified pest has occurred;

(b) there is evidence that it is an isolated finding not expected to lead to establishment of the specified pest;

(c) the specified pest is officially confirmed in a site of production with physical isolation against it;

(d) the specified pest is officially confirmed in a greenhouse, and there is evidence that the specified pest is not capable to survive the winter conditions outside of that greenhouse.

Where the competent authority uses the derogation provided for in paragraph 1, it shall:

(a) take measures to ensure the prompt eradication of the specified pest and to exclude the possibility of its spread;

(b) immediately increase the number of traps and the frequency with which the traps are checked in that area;

(c) intensify the visual examinations, including scouting in the sites of production;

(d) carry out a survey by means of traps in an area of at least 5 km wide around the infested plants, or the site of production where the specified pest was found, regularly and intensively for at least two years. In areas where the specified pest is not capable to survive the winter conditions, the survey period may be limited to the period before the start of the winter conditions;

(e) raise public awareness of the threat of the specified pest; and

(f) take any other appropriate measure to eradicate the specified pest.

Article 7

Surveys in demarcated areas

Surveys carried out in the demarcated areas shall, in addition to the requirements specified for surveys in Article 3, include the following measures:

(a) increased number of traps and higher frequency with which the traps are checked;

(b) scouting in sites of production where host plants are grown; and

(c) survey design and sampling scheme used for detection surveys, which is able to identify with at least 95 % of confidence, a level of presence of the specified pest of 1 %.

Article 8

Lifting of demarcation

The demarcation may be lifted when, on the basis of the surveys referred to in Article 7, the specified pest is not detected in the demarcated area for at least two consecutive years.

In areas where the specified pest is not capable to survive the winter conditions, that period may be limited to the period before the start of the winter conditions.

Article 9

Eradication measures

In the infested zones, the competent authorities shall take all of the following measures to eradicate the specified pest:

(a) appropriate treatments against the specified pest, in all the stages of its development, where the migratory nature of the adult pests, the distribution of host plants and the feeding habits of its larvae shall be considered;

(b) prohibition of the movement of the upper layer of the soil and of used growing media out of the infested zone, unless one of the following conditions has been fulfilled by the professional operators concerned, under the supervision of the competent authorities: (i) the soil or growing medium has been subject to appropriate measures to eliminate the specified pest and transported within closed vehicles ensuring that the pest cannot spread; (ii) the soil or growing medium is transported in closed vehicles ensuring that the specified pest cannot spread and is deeply buried in landfill.

Article 10

Introduction into the Union of the specified plants

The specified plants, other than plants of Chrysanthemum L., Dianthus L. and Pelargonium l’Hérit. ex Ait., may only be introduced into the Union if they fulfil one of the following requirements:

(a) they originate from a country where the pest is not known to occur;

(b) they originate from an area free from the specified pest, as established by the National Plant Protection Organisation (NPPO) concerned, in accordance with the International Standard for Phytosanitary Measures No 4; the name of that area shall be stated in the phytosanitary certificate under the rubric ‘place of origin’;

(c) prior to export they have been subject to an official inspection and found free from the specified pest, and originate from a site of production complying with the following conditions: (i) it is registered and supervised by the NPPO in the country of origin; (ii) official inspections have been carried out during the last three months prior to export, and no presence of the specified pest has been detected on the specified plants; (iii) it has physical isolation against the introduction of the specified pest; (iv) information ensuring traceability of the specified plants to that site of production has been ensured during their movement prior to export;

(d) prior to their export they have been subject to an official inspection and found free from the specified pest, and they originate from a site of production complying with the following conditions: (i) it is registered and supervised by the NPPO in the country of origin; (ii) official inspections have been carried out during the three months prior to export, and no presence of the specified pest has been detected on the specified plants; (iii) the specified plants have been subjected to an effective treatment to ensure freedom from the specified pest; (iv) information ensuring the traceability of the specified plants to that site of production has been ensured during their movement prior to export;

(e) they have been subjected to an effective post-harvest treatment to ensure freedom from the specified pest, and that treatment is indicated on the phytosanitary certificate.

Article 11

Movement within the Union territory of the specified plants

The specified plants, other than plants of Chrysanthemum L., Dianthus L. and Pelargonium l’Hérit. ex Ait., which have spent part of their lives in demarcated areas established in accordance with Article 5, may only be moved out of the demarcated areas if they fulfil one of the following requirements and are accompanied by a plant passport issued after it is attested that one of those requirements has been fulfilled:

(a) prior to the their movement, they have been subject to an inspection and found free from the specified pest, and originate from a site of production complying with the following conditions: (i) it is registered for the purpose of controlling the requirements of this Regulation; (ii) official inspections have been carried out during the three months prior to movement, and no presence of the specified pest has been detected on the specified plants; (iii) it is with physical isolation against the introduction of the specified pest; (iv) information ensuring the traceability of the specified plants to that site of production has been ensured prior to movement out of the demarcated areas;

(b) prior to their movement, they have been subject to an inspection and found free from the specified pest, and they originate from a site of production complying with the following conditions: (i) it is registered for the purpose of controlling the requirements of this Regulation; (ii) official inspections have been carried out during the three months prior to movement, and no presence of the specified pest has been detected on the specified plants; (iii) the specified plants have been subjected to an effective treatment to ensure freedom from the specified pest; (iv) information ensuring the traceability of the specified plants to that site of production has been ensured prior to movement out of the demarcated areas;

(c) they have been subjected to an effective post-harvest treatment to ensure freedom from the specified pest.

Plants of Chrysanthemum L., Dianthus L. and Pelargonium l’Hérit. ex Ait., other than seeds, originating in demarcated areas established in accordance with Article 5, may only be moved out of the demarcated areas, if they fulfil one of the following requirements and are accompanied by a plant passport issued after it is attested that one of those requirements has been fulfilled:

(a) no sign of the specified pest has been observed at the place of production since the beginning of the last complete cycle of vegetation;

(b) the plants have undergone appropriate treatment to protect them from the specified pest.

Article 12

Reporting

By 30 April of each year, Member States shall submit to the Commission and the other Member States:

(a) the results of the surveys carried out pursuant to Article 3(1), outside of the demarcated areas, during the preceding calendar year, using the templates referred to in Annex I to Commission Implementing Regulation (EU) 2020/1231 (¹);

(b) a report on the measures taken during the preceding calendar year pursuant to this Regulation, and on the results of the measures provided for in Articles 5 to 9;

(c) the results of the surveys carried out, pursuant to Article 7, in the demarcated areas, during the preceding calendar year, using one of the templates referred to in Annex II.

Article 13

Amendment of Implementing Regulation (EU) 2019/2072

The following point 13 is added in Part A of Annex XI to Implementing Regulation (EU) 2019/2072:

‘13.  Plants of Asparagus officinalis L., other than stems covered during their entire life by soil, live pollen, plant tissue cultures and seeds	Other vegetables, fresh or chilled: — Asparagus ex 0709 20 00	Third countries other than Switzerland’

Article 14

Repeal of Implementing Decision (EU) 2018/638

Implementing Decision (EU) 2018/638 is repealed.

Articles 3 and 4 of that Decision shall apply until 30 June 2023.

Article 15

Entry into force and application

This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.

Articles 10 and 11 shall apply until 31 December 2028.

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

ANNEX I

List of host plants

Abelmoschus esculentus (L.) Moench

Acalypha L.

Agrostis gigantea Roth

Agrostis stolonifera L.

Alcea rosea L.

Allium cepa L.

Allium sativum L.

Amaranthus quitensis Kunth

Amaranthus spinosus L.

Andropogon virginicus L.

Arachis hypogaea L.

Asclepias L.

Asparagus officinalis L.

Asplenium nidus L.

Atropa belladonna L.

Avena sativa L.

Avena strigosa Schreb.

Beta vulgaris L.

Brassica napus L.

Brassica oleracea L.

Brassica rapa L.

Cajanus cajan (L.) Huth

Capsicum L.

Carduus L.

Carex L.

Carica papaya L.

Carya illinoinensis (Wangenh.) K.Koch

Cenchrus incertus M.A.Curtis

Chenopodium album L.

Chenopodium quinoa Willd.

Chloris gayana Kunth

Chrysanthemum L.

Cicer arietinum L.

Cichorium intybus L.

Citrullus lanatus (Thunb.) Matsum. & Nakai

Citrus aurantium L.

Citrus limon (L.) Osbeck

Citrus reticulata Blanco

Citrus sinensis (L.) Osbeck

Codiaeum variegatum (L.) A.Juss.

Coffea arabica L.

Convolvulus arvensis L.

Cucumis melo L.

Cucumis sativus L.

Cucurbita argyrosperma K.Koch

Cucurbita maxima Lam.

Cydonia oblonga Mill.

Cynara cardunculus L.

Cynodon dactylon (L.) Pers.

Cyperus rotundus L.

Dactyloctenium aegyptium (L.) Willd.

Dahlia pinnata Cav.

Dendranthema grandiflorum (Ramat.) Kitam.

Dianthus L.

Digitaria Haller

Digitaria sanguinalis (L.) Scop.

Echinochloa colona (L.) Link

Echinochloa crus-galli (L.) P.Beauv.

Eleusine indica (L.) Gaertn.

Elymus repens (L.) Gould

Eremochloa ophiuroides Hack.

Eriochloa punctata (L.) Ham.

Eryngium foetidum L.

Eucalyptus camaldulensis Dehnh.

Eucalyptus urophylla S.T.Blake

Fagopyrum esculentum Moench

Festuca arundinacea Schreb.

Ficus L.

Fragaria ananassa (Duchesne ex Weston) Duchesne ex Rosier

Fragaria chiloensis (L.) Mill.

Fragaria vesca L.

Gladiolus L. and Gladiolus L. hybrids

Glycine max (L.) Merr.

Gossypium herbaceum L.

Gossypium hirsutum L.

Helianthus annuus L.

Hevea brasiliensis (Willd. ex Juss.) Müll.Arg.

Hibiscus cannabinus L.

Hordeum vulgare L.

Ipomoea batatas (L.) Lam.

Ipomoea purpurea (L.) Roth

Lactuca sativa L.

Lespedeza bicolor Turcz.

Linum usitatissimum L.

Lolium multiflorum Lam.

Malpighia glabra L.

Malus domestica (Suckow) Borkh.

Mangifera indica L.

Maranta L.

Medicago sativa L.

Megathyrsus maximus (Jacq.) B.K.Simon & S.W.L.Jacobs

Melilotus albus Medik.

Miscanthus giganteus J.M.Greef & Deuter ex Hodk. & Renvoize

Momordica L.

Mucuna pruriens (L.) DC

Musa paradisiaca L.

Nicotiana tabacum L.

Oryza sativa L.

Panicum miliaceum L.

Panicum virgatum L.

Paspalum dilatatum Poir.

Paspalum distichum L.

Paspalum fimbriatum Kunth

Paspalum notatum Flüggé

Paspalum urvillei Steud.

Passiflora laurifolia L.

Pelargonium l’Hérit. ex Ait.

Pennisetum clandestinum Hochst. ex Chiov.

Pennisetum glaucum (L.) R.Br.

Phalaris canariensis L.

Phaseolus lunatus L.

Phaseolus vulgaris L.

Phleum pratense L.

Pinus caribaea Morelet

Piper L.

Pisum sativum L.

Platanus occidentalis L.

Plumeria Tourn. ex L.

Plumeria rubra L.

Poa annua L.

Poa pratensis L.

Portulaca oleracea L.

Prunus persica (L.) Batsch

Psidium guajava L.

Pueraria montana (Lour.) Merr.

Pyrus communis L.

Raphanus sativus L.

Ricinus communis L.

Rosa L.

Saccharum officinarum L.

Schlumbergera truncata (Haw.) Moran

Secale cereale L.

Sesamum indicum L.

Setaria italica (L.) P.Beauv.

Setaria parviflora (Poir.) Kerguélen

Setaria viridis (L.) P.Beauv.

Solanum aethiopicum L.