Commission Implementing Regulation (EU) 2025/2294 of 10 November 2025 adopting a temporary derogation from the requirements concerning the introduction into the Union territory of fruits of Mangifera L. originating in Mali and amending Implementing Regulation (EU) 2019/2072
Date: 2025-11-10
Institutions: Directorate-General for Health and Food Safety, European Commission
Subjects: Mali, citrus fruit, derogation from EU law, import (EU), import restriction, originating product, pest, plant health control, protection of plant life, surveillance concerning imports




L_202502294EN.000101.fmx.xml












Official Journal of the European Union


EN
L series













2025/2294


11.11.2025







            COMMISSION IMPLEMENTING REGULATION (EU) 2025/2294
of 10 November 2025
         
adopting a temporary derogation from the requirements concerning the introduction into the Union territory of fruits of Mangifera L. originating in Mali and amending Implementing Regulation (EU) 2019/2072


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 (1), and in particular Article 42a(1) thereof,

Whereas:







(1)


A high number of pests of the family of Tephritidae (fruit flies) have been found present on fruits of Mangifera L. originating in Mali (‘the specified fruits’) in 2025, following import controls during the introduction of these fruits into the Union. These findings included, in particular, fruit flies of the priority pest Bactrocera dorsalis (Hendel).












(2)


Since 2020, the import of those fruits in the Union was accompanied by an official statement provided by Mali, certifying that the specified fruits were subject to an effective systems approach, as set out in point 61(d) of Annex VII to Commission Implementing Regulation (EU) 2019/2072 (2).












(3)


From the information communicated by Mali to the Commission in May 2025, the Commission understands that Mali has identified problems with the application of certain essential elements of the systems approach for the production of the specified fruits, which had been notified in 2020. More specifically, Mali informed that no measures of plant protection have been applied in the orchards, that certain packing stations are in bad conditions, that the system to control the exportation is dysfunctional and that no audits were carried out on the inspection and certification system at the level of producers and exporters.












(4)


However, the specified fruits should still be allowed into the Union subject to compliance with the alternative requirement contained in point 61(d) of Annex VII to Implementing Regulation (EU) 2019/2072, namely the implementation of an effective post-harvest treatment to ensure freedom from Tephritidae as referred to in point 77 of table 3, Part A of Annex II to Implementing Regulation (EU) 2019/2072, to which those fruits are known to be susceptible.












(5)


A temporary derogation from point 61(d) of Annex VII to Implementing Regulation (EU) 2019/2072 is therefore necessary whereby the introduction of the specified fruits is only allowed upon the submission of an official statement from Mali certifying that those fruits have been subjected to an effective post-harvest treatment to ensure freedom from Tephritidae as referred to in point 77 of table 3, Part A of Annex II to Implementing Regulation (EU) 2019/2072.












(6)


For reasons of legal clarity, in point 61, second column of Annex VII to Implementing Regulation (EU) 2019/2072, a reference to the temporary derogation introduced by this Implementing Regulation should be inserted in accordance with Article 42a(1)(b) of Regulation (EU) 2016/2031.












(7)


The derogation set out in this Regulation is without prejudice to the right of Mali to develop a new or revised effective systems approach, in compliance with the specific requirements laid down in point 61(d) of Annex VII to Regulation (EU) 2019/2072. Following the failure of the systems approach to be effective in the past, the new approach will only be accepted by the Commission following an audit carried out by the Commission which has demonstrated the effectiveness of the systems approach with regard to ensuring that the specified fruits produced and exported under that approach are free from Tephritidae.












(8)


This Implementing Regulation should apply until 1 December 2030, in order to allow Mali to establish, at any time within that period, an effective systems approach if it would wish to use it as an option to export the specified fruits to the Union, and to assure that that systems approach could be audited by the Commission. Mali is free to submit the new approach at any moment before that date.












(9)


The measures provided for in this Implementing Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,





HAS ADOPTED THIS REGULATION:



Article 1

Derogation from Implementing Regulation (EU) 2019/2072 concerning the introduction into the Union of fruits of Mangifera L., originating in Mali

By way of derogation from point 61(d) of Annex VII to Implementing Regulation (EU) 2019/2072, fruits of Mangifera L., originating in Mali may only be introduced into the Union upon fulfilment of all of the following requirements:






(a)


they are accompanied by an official statement that the fruits have been subjected to an effective post-harvest treatment to ensure freedom from Tephritidae as referred to in point 77 of Table 3, Part A of Annex II to that Regulation, to which those fruits are known to be susceptible, in accordance with Commission Implementing Regulation (EU) 2025/2294;










(b)


the details of the treatment method are indicated on the phytosanitary certificate; and










(c)


the treatment method has been communicated in advance in writing to the Commission by the national plant protection organisation of Mali.






Article 2

Amendment of Implementing Regulation (EU) 2019/2072

In Annex VII to Implementing Regulation (EU) 2019/2072, in point 61, the text of the second column is replaced by the following:

                  ‘Fruits of Citrus L., Fortunella Swingle, Poncirus Raf., and their hybrids, Mangifera L. (*1) and Prunus L.

(*1)  Commission Implementing Regulation (EU) 2025/2294 of 10 November 2025 adopting a temporary derogation from the requirements concerning the introduction into the Union territory of fruits of Mangifera L. originating in Mali and amending Implementing Regulation (EU) 2019/2072 (OJ L, 2025/2294, 11.11.2025, ELI: http://data.europa.eu/eli/reg_impl/2025/2294/oj), applies to the introduction into the Union of fruits of Mangifera L., originating in Mali.’
                     "
                        


Article 3

Entry into force and application

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
It shall apply until 1 December 2030.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 10 November 2025.


For the Commission


The President

Ursula VON DER LEYEN
            





(1)  
            OJ L 317, 23.11.2016, p. 4, ELI: http://data.europa.eu/eli/reg/2016/2031/oj.

(2)  Commission Implementing Regulation (EU) 2019/2072 of 28 November 2019 establishing uniform conditions for the implementation of Regulation (EU) 2016/2031 of the European Parliament and the Council, as regards protective measures against 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, ELI: http://data.europa.eu/eli/reg_impl/2019/2072/oj).


ELI: http://data.europa.eu/eli/reg_impl/2025/2294/oj
ISSN 1977-0677 (electronic edition)