COMMISSION IMPLEMENTING DECISION (EU) 2018/638 
of 23 Apr il 2018 
establishing emergency measures to prev ent the introduction into and the spread within the 
Union of the harmful organism Spodopter a frugiper da (Smith) 
(notifi ed under document C(2018) 2291) 
THE EUR OPEAN COMMISSION, 
Having regar d to the Treaty on the Functioning of the European Union, 
Having regar d to Council Directive 2000/29/EC of 8 May 2000 on prote ctive measures against the introduction into the 
Community of organisms harmful to plants or plant products and against their spread within the Community (1), and in 
particular the third senten ce of Article 16(3) thereof, 
Whereas: 
(1)  Spodopter a frugiper da (Smith) (hereinaf ter: ‘the specif ied organism’), is listed in point 22 of Section I(a) of Part A of 
Annex I to Directive 2000/29/EC as a harmful organism not known to occur in the Union. 
(2)  Specific measures to prevent the introduction into and the spread within the Union of the specified organism are 
laid down in point 27.2 of Section I of Part A of Annex IV to Directive 2000/29/EC. Those measures consist of 
special requirements concer ning the introduction into the Union of plants of Dendr anthema (DC.) Des Moul., 
Dianthus L. and Pelargonium l'Hér it. ex Ait., which may host the harmful organism. 
(3)  The European Food Safet y Auth ority (EFSA ) has provid ed a scientific opinion on the pest catego risation of the 
specified organism, whic h was adopt ed on 28 June 2017 (2). Further more, Member States have submitted 
inter cepti on data of that organism on trading commodities. 
(4)  In view of the recent introduction and spread of the specifi ed orga nism in Africa, its distr ibution in the Amer icas 
and the inter ception data submitted by Member States, certain other plants hosting the specifi ed orga nism and 
originating in Africa or in the Amer icas (hereinaf ter: ‘the specified plants’ ), should be subject to specifi c measures 
when introduced into the Union. 
(5)  Those specif ic measures should provide for timely detection of the specifi ed orga nism in the Union territory, 
requirements for the introduction into the Union of the specified plants, including a phytosanitar y certificate, as 
well as official checks at introduction of those plants into the Union. Member States should carry out annual 
surveys for the presence of the specifi ed orga nism in their territories and should ensure that professional 
operat ors are informed about its poten tial presence and the measures to be taken. 
(6)  Those measures are necessar y to ensure an enhanced protection of the Union territory from the entr y, 
establishment and spread of the specified organism. 
(7)  In order to allow the responsible official bodies and the profess ional operators to adap t to those requirements, 
this Decision should apply from 1 June 2018. 
(8)  This Decision should be temporar y and apply until 31 May 2020 to allow for its review before that time. 
(9)  The measures provided for in this Decision are in accordance with the opinion of the Standing Committ ee on 
Plants, Animals, Food and Feed, 
HAS ADOPTED THIS DECISION 
Article 1 
Def initions 
For the purposes of this Decision, the following definitions shall apply: 
(a)  ‘specif ied organism’ means Spodopter a frugiper da (Smith); 25.4.2018 L 105/31 Official Jour nal of the European Union EN     
(1)OJ L 169, 10.7.2000, p. 1. 
(2)EFSA Jour nal 2017;15(7):4927. (b)  ‘specif ied plants’ means fruits of Capsicum L., Momor dica L., Solanum aethiopicum L., Solanum macr ocar pon L. and 
Solanum melong ena L., and plants, other than live pollen, plant tissue cultures, seeds and grains, of Zea mays L. 
originating in Africa or in the Amer icas; 
(c)  ‘production site’ means a defined part of a place of production, that is managed as a separate unit for phytosanitar y 
purposes. ‘Place of production’ means any premises or collection of fields operat ed as a sing le production or farming 
unit. 
Article 2 
Detection or suspected presence of the specif ied organism 
1. Member States shall ensure that any person who suspects or becomes aware of the presence of the specified 
organism in their territory informs immediately the responsible official body and provides it with all relevant 
information concer ning the presence, or suspected presence, of the specif ied organism. 
2. The responsible official body shall immediately record such information. 
3. Where the responsible official body has been informed of the presence, or suspect ed presence, of the specifi ed 
organism it shall take all necessar y measures to conf irm that presence, or the suspect ed presence. 
4. Member States shall ensure that any person having under its control plants which may be infested with the 
specified organism is immediate ly informed of the presence or the suspect ed presence of the specifi ed organism, of the 
possible consequences and risks and of the measures to be taken. 
Article 3 
Requirements for the introduction into the Union of the specif ied plants 
The specif ied plants shall only be introduced into the Union if the followi ng requirements are fulfilled : 
(a)  they shall be accompan ied by a phytosan itary certificate, as referred to in Article 13(1)(ii) of Directive 2000/29/EC; 
(b)  they shall compl y with points (a), (b), (c), (d) or (e) of Article 4 of this Decision. The appropr iate point shall be 
indicated in the phytosan itary certificate under the rubric ‘Additional Declaration’ . In the case of points (c) and (d) of 
Article 4, the phytosan itary certificate shall also indicate the information ensur ing traceability , indicated under 
point (c)(iv); 
(c)  on entr y into the Union, they shall be check ed by the responsible official body in accordance with Article 5 of this 
Decision, and no presence of the specified organism shall be found. 
Article 4 
Origin of the specif ied plants 
The specif ied plants shall fulfil the requirements set out in one of the following points: 
(a)  they originate in a third countr y where the specified organism is not known to be present ; 
(b)  they originate in an area free from the specified organism, as established by the national plant protection 
organisation concer ned, in accordance with the relevant International Standards for Phytosanitar y Measures; the 
name of that area shall be stated in the phytosanitar y certificate under the rubric ‘place of origin’; 
(c)  they originate in areas other than those refer red to in points (a) and (b), and they compl y with the follo wing 
conditions: 
(i)  the specifi ed plants have been produced in a production site whic h is registere d and super vised by the national 
plant prote ction organisation in the countr y of origin; 
(ii)  official inspections have been carried out in the production site during the three months prior to expor t, and 
no presence of the specified organism has been detected on the specifi ed plants; 25.4.2018 L 105/32 Official Jour nal of the European Union EN     (iii)  prior to their expor t, the specifi ed plants have been subject to an official inspection and found free from the 
specified organism; 
(iv)  information ensur ing the traceability of the specified plants to their site of production has been ensured during 
their mov ement prior to expor t; 
(v)  the specified plants have been produced in a production site which is provided with compl ete physical 
prote ction against the introduction of the specified organism; 
(d)  they originate in areas other than those refer red to in points (a) and (b), and they compl y with points (c)(i to iv) and 
have been subjected to an effective treatment to ensure freedom from the specifi ed organism; 
(e)  they originate in areas other than those referred to in points (a) and (b), and they have been subjected to an effective 
post-har vest treatment to ensure freedom from the specified organism, and the treatment is indicated on the 
phytosanitar y certificate. 
Article 5 
Official checks at introduction into the Union 
1. All consignments of specifi ed plants introduced into the Union shall be officially check ed at the point of entr y into 
the Union or at the place of destination determi ned in accordance with Commission Directive 2004/103/EC (1). 
2. The responsible official body shall carry out the followi ng checks: 
(a)  a visual inspection 
and 
(b)  in the case of suspicion of the presence of the specified organism, sam pling and identif ication of the organism 
found. 
Article 6 
Sur veys of the specif ied organism in the territories of the Member States 
1. Member States shall conduct annual surveys for the presence of the specifi ed orga nism on host plants in their 
territory . 
2. Those surveys shall be carried out by the responsible official body , or under official super vision of the responsible 
official body . They shall at least include the use of appropr iate traps, such as pheromone or light traps, and, in the case 
of any suspicion of infestation by the specifi ed organism, collection of sam ples and identification. Those surveys shall be 
based on sound scientifi c and technical principles and shall be carried out at appropr iate times of the year with regard 
to the possibility to detect the specifi ed organism. 
3. Each Member State shall notify to the Commission and the other Member State s, by 30 Apr il of each year, the 
results of the surveys carried out in the previous calendar year. 
Article 7 
Date of application 
This Decision shall apply from 1 June 2018. 
Article 8 
Date of expiration 
This Decision shall apply until 31 May 2020. 25.4.2018 L 105/33 Official Jour nal of the European Union EN     
(1)Commission Directive 2004/103/EC of 7 October 2004 on identity and plant health chec ks of plants, plant products or other objects, 
listed in Part B of Annex V to Council Directive 2000/29/EC, which may be carried out at a place other than the point of entr y into the 
Community or at a place close by and specifying the conditions relate d to these chec ks (OJ L 313, 12.10.2004, p. 16). Article 9 
Addre ssees 
This Decision is addressed to the Member States. 
Done at Brussels, 23 Apr il 2018. 
For the Commission 
Vytenis ANDRIUKAITIS 
Member of the Commission  25.4.2018 L 105/34 Official Jour nal of the European Union EN