Commission Implementing Regulation (EU) 2025/311 of 14 February 2025 on measures to eradicate and to prevent the establishment and spread within the Union territory of fruit flies of the species Bactrocera dorsalis (Hendel), Bactrocera latifrons (Hendel) and Bactrocera zonata (Saunders)

This Regulation sets out measures to eradicate, to prevent the establishment in, and the spread within the Union territory of Bactrocera dorsalis (Hendel), Bactrocera latifrons (Hendel) and Bactrocera zonata (Saunders).

For the purposes of this Regulation, the following definitions apply: (1) ‘specified pests’ means fruit flies belonging to the species Bactrocera dorsalis (Hendel), Bactrocera latifrons (Hendel) or Bactrocera zonata (Saunders); (2) ‘host plants’ means plants belonging to the species listed in Annex I; (3) ‘specified fruits’ means fruits of the host plants.

1 The sampling design and scheme of the risk-based surveys for the specified pests shall allow to detect with a sufficient level of confidence a low level of presence of the specified pest on specified fruits. The surveys shall be based on the European Food Safety Authority’s (‘the Authority’s) General guidelines for statistically sound and risk-based surveys for plant pests and on the scientific and technical information referred to in the Authority’s Pest Survey Cards on the specified pest (‘pest survey card’).

2 The surveys shall be conducted in particular: (a) in the fruiting parts of the host plants, by using techniques capable of detecting the presence of the specified pest; (b) in and around airports and harbours, in and around facilities of auctions and retailers where specified fruits are traded, in areas where specified fruits are packed, processed or discharged, in areas where specified fruits are produced, and other relevant sites, as appropriate; (c) by trapping with appropriate traps, as specified in the International Standard for Phytosanitary measures (ISPM) 26 ; and (d) in the case of any suspicion of presence of the specified pest on specified fruits, by collecting samples of specified fruits and identification of the pest.

Member States, when drawing up their contingency plans for Bactrocera dorsalis and Bactrocera zonata, shall include in those plans procedures to: (a) identify the owners of private properties, in the areas of which the measures provided for in this Regulation are to be applied; and (b) ensure access of the competent authorities to properties referred to in point (a). Member States shall annually review and, as appropriate, update their contingency plans.

1 Where the presence of the specified pest is officially confirmed, the competent authorities shall, without delay, establish a demarcated area.

2 The demarcated area shall consist of the following zones: (a) an infested zone, which is the zone where the presence of a specified pest has been confirmed, and has a radius of at least 500 m around the place(s) of the findings of the specified pest; and (b) a buffer zone with a radius of at least 7 km beyond the boundary of the infested zone.

3 The exact delimitation of the demarcated area shall take into account the biology of the specified pests, the level of infestation, the characteristics of the attractant, and the particular distribution of the host plants in the area concerned.

4 In case of a finding of the specified pest outside the infested zone, the demarcated area established in accordance with this Article shall be adjusted accordingly.

5 Within the demarcated areas, the competent authorities shall ensure that the general public and professional operators are aware of the delimitation of the demarcated areas and any possible restrictions concerning the movement of the specified fruits.

1 By way of derogation from Article 5, the competent authorities may choose not to establish a demarcated area, if at least one of the following criteria is fulfilled: (a) it is concluded by the competent authorities that the specified pest cannot establish within the area where it was observed; (b) there is evidence that the specified pest has been introduced into the area with the consignment where it was found, the specified fruits in that consignment were infested before their introduction into the area concerned, and no multiplication of the specified pest has taken place following that introduction; (c) the presence of the specified pest is officially confirmed in a production site with physical isolation from its surroundings, which prevents the specified pest from spreading out of that site; (d) the presence of the specified pest is officially confirmed in a production site which is protected in such way that allows to avoid further presence of the specified pests on host plants and specified fruits, and it has been concluded by the competent authorities that the specified pests cannot become established outside that production site because of unfavourable winter conditions.

2 Where the competent authority applies a derogation provided for in paragraph 1, it shall: (a) take measures to ensure the prompt eradication of the specified pest and exclude any possibility of its spread; (b) carry out an intensive survey in a zone of a radius of at least 500 m around the place(s) of the finding of the specified pest; and (c) where appropriate, and in particular in case of paragraph 1, points (c) and (d), apply efficient measures preventing the spread of the specified pest through specified fruits or host plants out of the production site. In case of paragraph 1, point (b), if the competent authorities conclude that the specified pest is not capable to survive the winter conditions, the period for the survey may be limited to the period before the start of the winter conditions.

1 In the demarcated areas, the competent authorities shall carry out annual surveys, as referred to in Article 19(1) of Regulation (EU) 2016/2031, taking into account the information referred to in the pest survey card.

2 The number of traps deployed per km2 in such survey shall gradually increase from the edge to the centre of the surveyed area. When determining the number of traps, the type of traps, the trapping design and possible attractants to be used with the traps, Member States shall take into account the details set out in international guidance, and in particular ISPM 26, as well as the pest survey card.

3 Sampling of the specified fruits growing in the surveyed area shall be considered. In determining sampling protocols, the competent authorities shall apply the pest survey card as well as the principles set out in internationally recognised protocols for official control of the specified pest. Survey design and sampling schemes shall be used, which enable identifying with at least 95 % of confidence a level of presence of the specified pest of 1 %.

4 The results of the surveys carried out in demarcated areas shall be submitted to the Commission using one of the templates referred to in Annex II.

The demarcated area referred to in Article 5 may be abolished, if one of the following conditions is fulfilled: (a) the specified pest is, on the basis of the surveys referred to in Article 7, not detected in the demarcated area for a period of at least 120 days; or (b) it has been concluded by the competent authorities that the specified pest has undergone a period of sufficiently cold temperatures.

The competent authorities shall apply, as appropriate, one or more of the following measures for the purpose of eradicating the specified pests in the infested zone: (a) use of male annihilation treatments and/or bait application techniques, using appropriate attractants; (b) collection and safe disposal of windfall and of harvested specified fruits at an early stage of ripening and soil treatment, including mechanical, chemical or microbiological one, in and around areas of production of specified plants so as to destroy soil-bound stages of the specified pest; (c) use of sterile insect technique; (d) use of plant protection products, in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council ; (e) where available, mass trapping of the specified pests with a sufficient number of traps, including the traps deployed in accordance with Article 7(2).

1 Specified fruits grown or stored in the infested zone may only be moved from that zone into the buffer zone, or out of the demarcated area, if they are treated effectively against the specified pest. The treatments referred to in the first subparagraph shall include the use of appropriate and sufficiently efficient plant protection products as authorised pursuant to Regulation (EC) No 1107/2009, or the use of alternative methods in accordance with internationally recognised phytosanitary standards, and in particular ISPM 28 , such as heat treatment, cold treatment or irradiation. Specified fruits may also be moved from the infested zone into the buffer zone or out of the demarcated area: (a) for the purpose of an appropriate treatment, if effective measures are taken to prevent the spread of the specified pest during transport and through the treatment facility; (b) if they originate from outside the demarcated area, are only moving through the infested zone, and effective measures are taken to prevent their infestation by the specified pest; or (c) if the specified fruits were harvested in a season of the year, as defined by the competent authorities, where no live stages of the specified pest are expected to occur in those fruits, due to the reproductive biology of the specified pest.

2 Host plants intended for planting and moved from the infested zone into the buffer zone, or out of the demarcated area, shall be free from fruits and, where soil or another growing medium is attached, that soil shall be free from the specified pests. However, host plants bearing fruits may be moved out of, or through, the infested zone, if those plants originate from outside the demarcated area, and effective measures are taken to prevent infestation of the plants by the specified pests.

3 Soil of the upper 10 cm of the topsoil layer, from production sites, where specified fruits were grown, may only be moved from the infested zone into the buffer zone, or out of the demarcated area, if: (a) it has been subject to appropriate measures to eliminate the specified pest; or (b) it is buried under landfill, with a minimum of 50 cm cover material, under the supervision of the competent authorities. Any transport of that soil towards the place of treatment or burying shall take place under conditions effectively preventing the spread of the specified pest.

4 Waste from specified fruits shall be disposed safely, in a way that prevents the development and spread of the specified pest.

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 from 1 March 2025. However, Article 3(1), second subparagraph, shall apply from 1 January 2026.