The European Commission published a draft delegated regulation amending Regulation (EU) No 649/2012 on the import and export of hazardous chemicals, updating Annex I (Prior Informed Consent list) and Annex V (export ban list) to add new pesticides, industrial chemicals, and persistent organic pollutants (POPs), with public feedback open until August 21, 2026.
What Happened
On July 24, 2026, the Commission published the draft delegated regulation. Annex I additions include pesticides (flufenacet, acibenzolar-S-methyl, MBIT) and industrial chemicals (boric acid, lead chromate, various phthalates, bisphenol A, cobalt compounds, N,N-dimethylformamide); chlorpyrifos moves to the Annex V export ban list. Annex V additions include chlorpyrifos, medium-chain chlorinated paraffins (MCCPs), and long-chain (C9-21) perfluorocarboxylic acids (PFCAs).
What’s New
- Annex I (PIC procedure): multiple pesticide and industrial chemical additions; lead chromate entry amended with clarified restrictions.
- Annex V (export ban): chlorpyrifos, MCCPs, and C9-21 PFCAs added as newly Stockholm Convention-controlled POPs.
- Technical updates to existing Annex V entries (PFOS, PFOA, PFHxS, decaBDE, HBCDD) to align exemption conditions and trace limits with the POPs Regulation.
Key Dates & Compliance Deadlines
Commission published draft delegated regulation for public feedback.
Public comment period closes.
Adoption expected following feedback review.
Two months after OJ publication, or April 1, 2027, whichever is later.
Affected Industries
Chemical exporters/importers dealing in pesticides, industrial chemicals, and POPs; companies trading boric acid, lead chromate, phthalates, bisphenol A, cobalt compounds, and DMF; PFAS-related product exporters.
Who Is Affected
Enterprises exporting the listed chemicals and chemical-containing products to and from the EU, particularly those trading newly added Annex I substances or the newly added Annex V export-banned POPs.
Substances / Products in Scope
Flufenacet, acibenzolar-S-methyl, MBIT, boric acid, lead chromate, phthalates, bisphenol A, cobalt compounds, N,N-dimethylformamide (Annex I); chlorpyrifos, MCCPs, C9-21 PFCAs (Annex V); PFOS, PFOA, PFHxS, decaBDE, HBCDD (Annex V updates).
Prohibitions, Restrictions & Exemptions
Draft stage: chlorpyrifos, MCCPs, and C9-21 PFCAs would be added to the Annex V export ban list; Annex I additions trigger Prior Informed Consent (PIC) procedure requirements rather than outright prohibition.
What Companies Should Do
- Submit feedback during the public comment period, closing August 21, 2026.
- Assess export/import exposure to the newly listed Annex I and Annex V substances.
- Prepare for compliance ahead of the expected April 1, 2027 (or later) application date.
- Review existing PFOS/PFOA/PFHxS/decaBDE/HBCDD compliance documentation against updated exemption and trace-limit technical revisions.
Companies trading chlorpyrifos, MCCPs, or long-chain PFCAs with the EU face a forthcoming export ban and should begin phase-out planning now, even though the application date is not expected before April 2027.
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