Preventing introduction of fall armyworm into the EU

Draft Commission Implementing Regulation 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 species concerned and the period of application of certain provisions [download: scroll down to Ares(2025)8296549]

Update

The European Commission proposes to prolong measures to prevent the introduction of fall armyworm (FAW, Spodoptera frugiperda) into the European Union (EU) on listed plants. Asparagus is no longer included in the list of commodities affected.

Impacted Products

Corn/maize, eggplant, African eggplant, Ethiopian eggplant, aubergine, Capsicum, bell peppers, chilli peppers, paprika, bitter gourd, bitter melon, Momordica

What is changing?

Measures introduced under Regulation 2023/1134 to prevent the introduction of fall armyworm currently apply to a list of specified products until 31 December 2025 (Art. 2(2)). This proposal will prolong the application of these measures to 31 December 2028. The products affected include corn/maize, eggplant, African eggplant, Ethiopian eggplant, aubergine, Capsicum, bell peppers, chilli peppers, paprika, bitter gourd, and bitter melon. This proposal also removes plants of Asparagus officinalis from the products listed.

Why?

Fall armyworm (FAW) has rapidly expanded globally and within EU territory. Due to persistently high levels of FAW in imported produce, robust measures and regulations were applied to protect against its further introduction and spread within the EU.

The prolongation of these measures is necessary to allow further assessments of FAW movement pathways, and the establishment of appropriate measures to address phytosanitary risks.

Recent data indicates there have been very few FAW interceptions in asparagus, so it has been removed from the list of commodities affected.

Timeline

The Regulation has been in force since 2023 and is proposed to apply until 31 December 2028.

Specific requirements under the new Regulation

Plants listed in Regulation 2023/1134 are subject to specific requirements before they can be imported into the EU to reduce the risk of introduction and spread of FAW. Countries that export the listed plants to the EU must meet one of these five options indicated under Art. 10 of the Regulation:

(a) they originate from a country where FAW 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 according to ISPM No. 4. The name of the area must 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 to be free from FAW, and they originate from a site of production complying with the following conditions:

(i) it is registered and supervised by the National Plant Protection Organisations (NPPO);

(ii) official inspections have been carried out during the three months prior to export, and no presence of FAW has been detected;

(iii) it has physical isolation against the introduction of FAW

(iv) information ensuring traceability has been ensured during their movement prior to export.

(d) prior to export the plants have been subject to an official inspection and found to be free from FAW, and they originate from a site of production that complies with the following conditions:

(i) it is registered and supervised by the NPPO

(ii) official inspections have been carried out during the three months prior to export, and no presence of FAW has been detected

(iii) the specified plants have been subjected to an effective treatment to ensure freedom from FAW

(iv) information ensuring traceability has been ensured during their movement prior to export;

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

Recommended Actions

Countries that export listed plants to the EU must select and implement one of these five options. Both operators and NPPOs must be involved to ensure that exports are free from FAW.

Listed plants must be accompanied by a phytosanitary certificate. Under the heading “Additional Declaration”, reference must be made to Regulation 2023/1134, and text must be added to indicate which option has been applied, using the exact same words given in Art. 10 of the Regulation.

Background

In the context of growing global trade and climate change, the EU faces new threats from harmful organisms. The Plant Health Regulation 2016/2031 was introduced to address these increasing risks from imported pests.

All plants and plant products (with a few exceptions) must be accompanied by a phytosanitary certificate that confirms compliance with EU legislation (Regulation 2016/2031, Art. 71). See EU Plant Health Law explained and Provisional listing of pests, commodities and additional plant health requirements.

Commission Implementing Decision 2018/638 established emergency measures to prevent the introduction into and the spread of FAW within the EU. This decision is now repealed and replaced by this new Regulation.

FAW is listed as a priority pest in the Annex to Commission Delegated Regulation 2019/1702.

Implementing Regulation 2019/2072 specifies additional measures that must be applied to certain plants and plant products originating in certain countries (listed in Annex VII) before they can be imported into the EU. In these cases, special requirements apply for introduction into the EU, and an Additional Declaration is needed in the phytosanitary certificate.

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