Chlorpyrifos in the EU 2026: what importers, waste managers and manufacturers must do

Key data

If your company imports agricultural or industrial products from outside the EU, manages waste, or manufactures products that historically may have contained chlorpyrifos, this regulation directly affects you. The agricultural use of chlorpyrifos was already banned in the EU since 2020, but the Delegated Regulation (EU) 2026/1423 closes the gap: now the substance is formally incorporated into the annexes of the Regulation (EU) 2019/1021 on persistent organic pollutants, which activates a much stricter control regime over products, waste and stored stocks.

What does this regulation establish?

Regulation (EU) 2019/1021 regulates persistent organic pollutants (POPs), substances that remain in the environment for long periods and accumulate in the food chain. With the amendment introduced by Regulation 2026/1423, chlorpyrifos is now included in the restrictive annexes of that regulation.

This implies three concrete operational changes compared to the previous situation:

Chlorpyrifos is an organophosphate insecticide that, despite its ban on use in the EU since 2020, could still be present in industrial waste, old stocks or products imported from countries where its use remains legal. This regulation closes that regulatory gap.

Economic and operational impact

The impact is not uniform: it depends on the sector and the degree of exposure to the substance. The main cost vectors are:

• Product audit and analysis: Importing companies will need to incorporate chlorpyrifos analysis into their quality control protocols for products from third countries where the substance is still in use.
• Stock management: Companies with stocks of products or waste containing chlorpyrifos above POP thresholds will need to proceed with their elimination following specific protocols, which involves hazardous waste management costs.
• Adaptation of control systems: Member States—and by extension companies subject to inspection—will need to adapt their processes to new POP surveillance requirements.
• Risk of sanctions: Non-compliance can result in administrative sanctions and environmental liability, the exact amount of which will depend on the sanctioning legislation of each Member State.

The cost of not acting far exceeds the cost of adapting: environmental liability resulting from improper management of a persistent organic pollutant can include environmental remediation obligations in addition to administrative sanctions.

Who does it affect?

• Importers of agricultural, food or industrial products from countries where chlorpyrifos remains legal for use (outside the EU).
• Waste managers who treat, store or transport waste that may contain chlorpyrifos.
• Manufacturers of products that have historically used chlorpyrifos in their formulation or production process and may still have stocks or production waste.
• Farmers with stored stocks of plant protection products containing chlorpyrifos (although its use was already banned since 2020, residual stock may exist).
• Competent authorities of Member States, which must adapt their inspection and control systems to the new POP framework.

Practical example

A Spanish company that imports fruits and vegetables from a Latin American country where chlorpyrifos remains an authorized pesticide must, upon entry into force of this regulation, include chlorpyrifos analysis in its POP compliance verification protocol before marketing in the EU.

If a border control or subsequent inspection detects that the product exceeds the concentration limits established in the annexes of Regulation (EU) 2019/1021—now amended—the importer faces product withdrawal from the market, its elimination in accordance with POP management protocols, and potential administrative sanctions and environmental liability under Spanish transposition legislation.

Similarly, an industrial waste management company that receives waste containing chlorpyrifos must treat it following specific POP elimination protocols, not standard generic hazardous waste procedures.

What should companies do now?

1. Identify exposure: Review whether your company imports, manufactures, stores or manages products or waste that may contain chlorpyrifos. This is the first question you need to answer before any other action.
2. Audit stocks and waste: If the answer is yes, conduct an inventory of stocks and waste with possible chlorpyrifos presence and analyze whether they exceed the concentration limits established in the annexes of the modified Regulation (EU) 2019/1021.
3. Update import protocols: Importers must incorporate chlorpyrifos verification into their compliance controls for products from third countries, especially from regions where the substance remains legal for use.
4. Properly manage waste: Stocks or waste exceeding POP thresholds must be eliminated following specific persistent organic pollutant management protocols, not standard procedures.
5. Consult the competent authority: Contact the competent body in your autonomous community or national authority to learn about the requirements for adapting control and inspection systems that apply to you.
6. Document compliance: Keep records of analyses performed, results obtained and measures taken. In case of inspection, documentation is the first line of defense against administrative sanctions.

Official source

Consult complete regulation at official source

Disclaimer: This article is for informational purposes only and does not constitute legal advice. For specific decisions, consult a qualified professional. Source: https://eur-lex.europa.eu/./legal-content/AUTO/?uri=OJ:L_202601423