COMMI SSION IMPLEMENTING DECISION (EU) 2021/869 
of 27 May 2021
amending Implementing Decision (EU) 2018/638 as regards its date of expiration in order to prolong 
the measures to prev ent the introduction into and the spread within the Union territor y of the pest 
Spodopter a frugiper da (Smith) 
(notif ied under document C(2021) 3576) 
THE EUR OPEAN COMMISSION,
Havi ng regar d to the Treaty on the Functioning of the European Union,
Havi ng regard to Regulation (EU) 2016/2031 of the European Parliament and of the Council of 26 October 2016 on 
prote ctive 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 (1), and in particular Article 28(1), points (g) and (h), and 
Article 41(2) thereof,
Whereas:
(1) Commission Implementing Decision (EU) 2018/638 (2)establishes emerg ency measures to prevent the introduction 
into and the spread within the Union territory of the pest Spodopter a frugiper da (Smith) (‘the specif ied pest ’).
(2) The specifi ed pest is liste d in Part A of Annex II to Commission Implementing Regulation (EU) 2019/2072 (3)as a 
pest not known to occur in the Union territory. It is also liste d as a priority pest in the Annex to Commission 
Delegat ed Regulation (EU) 2019/1702 (4).
(3) Since the adoptio n of Implementing Decision (EU) 2018/638, the specifi ed pest has continued to spread fast 
worldwide and towards the Union territory , accentuating the need for vigilance and for the specif ic measures for 
territory surveys provi ded for in that Decision.
(4) Further more, the number of inter ceptions of the specified pest on imported commodities remains high and the plant 
species on which the specified pest is intercept ed are alteri ng. Theref ore, the phytosanitar y risks of the specifi ed pest 
require a further assessment.
(5) Consequently , it is impor tant to prolong the measures provid ed for in Implementing Decision (EU) 2018/638 to 
ensure a continued prote ction of the Union territory from the introduction and spread of the specifi ed pest.
(6) Theref ore, the date of expiration of Implementing Decision (EU) 2018/638 should be exte nded until 30 June 2023 , 
in order to allow for its review before that time.
(7) Implementing Decision (EU) 2018/638 should theref ore be amended according ly.
(8) The measures provided for in this Decision are in accordance with the opinion of the Standing Committ ee on Plants, 
Animals, Food and Feed,
(1)OJ L 317, 23.11.2016, p. 4.
(2)Commission Implementing Decision (EU) 2018/638 of 23 Apr il 2018 establishing emergency measures to prevent the introduction 
into and the spread within the Union of the harmful organism Spodopter a frugiper da (Smith) (OJ L 105, 25.4.2018, p. 31).
(3)Commission Implementing Regulation (EU) 2019/2072 of 28 November 2019 establishing unif orm conditions for the 
impl ementation of Regulation (EU) 2016/2031 of the European Parliament and the Council, as regar ds protective measures agai nst 
pests of plants, and repealing Commission Regulation (EC) No 690/2008 and amending Commission Implementing Regulation (EU) 
2018/2019 (OJ L 319, 10.12.2019, p. 1).
(4)Commission Delegat ed Regulation (EU) 2019/1702 of 1 August 2019 supplementing Regulation (EU) 2016/2031 of the European 
Parliament and of the Council by establishing the list of priority pests (OJ L 260, 11.10.2019, p. 8).EN Offi cial Jour nal of the European Union L 191/4                                                                                                                                           31.5.2021  HAS ADOPTED THIS DECISION:
Article 1
Article 8 of Imp lementing Decision (EU) 2018/638 is replaced by the followi ng:
‘Article 8
This Decision shall apply until 30 June 2023 .’.
Article 2
This Decision shall apply from 1 July 2021 .
Article 3
This Decision is addressed to the Member States.
Done at Brussels, 27 May 2021 .
For the Commission
Stella KYRIAKIDES
Member of the CommissionEN Offi cial Jour nal of the European Union 31.5.2021                                                                                                                                           L 191/5