LegalizeCommission Implementing Regulation (EU) 2025/2408 of 1 December 2025 amending Implementing Regulation (EU) 2023/1134 on measures to prevent the introduction into, establishment and spread within the Union territory of Spodoptera frugiperda (Smith) with regard to the period of application of certain provisions
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| Image omitted; see official source | Official Journal of the European Union | EN L series |
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| 2025/2408 | 2.12.2025 |
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) 2016/2031 of the European Parliament and 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 [^ntr1-L_202502408EN.000101-E0001], and in particular Article 28(1), points (a), (b), (d), (e), (f), (h) and (i), Article 41(2) and Article 72(3) thereof,
Whereas:
- (1) Commission Implementing Regulation (EU) 2023/1134 [^ntr2-L_202502408EN.000101-E0002] establishes measures to prevent the introduction into, establishment and spread within the Union territory of Spodoptera frugiperda (Smith) (‘the specified pest’).
- (2) That Implementing Regulation applies until 31 December 2025 to allow further evaluation and review of the spread of the specified pest, the cases of non-compliance with the Union legislation as regards the presence of the specified pest and the effectiveness of the measures taken in the Union territory.
- (3) Bearing in mind that the introduction of certain plants is related to the risk of spread of the specified pest in the Union, those plants were listed in Implementing Regulation (EU) 2023/1134, subject to special requirements for their import. On the basis of the review provided for in that Implementing Regulation, the respective special requirements concerning contingency plans, demarcated areas, eradication measures and reporting, should be retained without time limitation, as, according to the existing experience, they have proven the most appropriate to address the risk of the specified pest.
- (4) However, the requirements concerning the introduction into, and movement within, the Union of fruits of Capsicum L., Momordica L., Solanum aethiopicum L., Solanum macrocarpon L. and Solanum melongena L., plants of Asparagus officinalis L., other than stems covered during their entire life by soil, live pollen, plant tissue cultures and seeds, and plants of Zea mays L., other than live pollen, plant tissue cultures, seeds and grains, should apply until 31 December 2028. This is necessary to allow time to obtain a further assessment on pathways of the specified pest, and the most appropriate measures to address the respective phytosanitary risk.
- (5) Implementing Regulation (EU) 2023/1134 should therefore be amended accordingly.
- (6) 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) 2023/1134
Article 15 of Implementing Regulation (EU) 2023/1134 is replaced by the following:
‘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.’
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, 1 December 2025.
For the Commission
The President
Ursula VON DER LEYEN
[^ntr1-L_202502408EN.000101-E0001]: OJ L 317, 23.11.2016, p. 4, ELI: http://data.europa.eu/eli/reg/2016/2031/oj.
[^ntr2-L_202502408EN.000101-E0002]: 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 (OJ L 149, 9.6.2023, p. 62, ELI: http://data.europa.eu/eli/reg_impl/2023/1134/oj).
ELI: http://data.europa.eu/eli/reg_impl/2025/2408/oj
ISSN 1977-0677 (electronic edition)
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