EU bans capsicum oleoresin as plant protection product: what changes for farmers

Key data

Farmers and operators who used Capsicum oleoresin—concentrated pepper extract—as a natural alternative to conventional pesticides can no longer rely on the "basic substance" category for its application in crops. The Commission Implementing Regulation (EU) 2026/1209, published in the EU Official Journal on 10 June 2026 and entering into force on 9 June, definitively closes this avenue in all Member States.

The decision takes immediate effect throughout the EU and does not provide for a transitional period. Those who relied on this ingredient as a low environmental impact solution must act now.

What does this regulation establish?

The Regulation (EC) No 1107/2009 on the marketing of plant protection products provides for the figure of basic substances: ingredients that are not primarily intended for plant protection use, but which can be authorized for that purpose in a simplified manner. It is a common route for natural products or food-use products that also have protective effects on crops.

Capsicum oleoresin is a concentrated extract obtained from pepper. Several operators requested its recognition as a basic substance in order to use it legally in plant protection treatments without having to follow the complete authorization process for a conventional pesticide.

The European Commission, after evaluating the request in accordance with the procedure of Regulation 1107/2009, has decided not to approve it. This means that:

• Capsicum oleoresin cannot be used under the basic substance category in any EU Member State.
• Farmers and operators who used it under this legal framework must cease that use immediately.
• If anyone wishes to continue using this extract in plant protection products, they will need to obtain full authorization as a conventional plant protection product, a significantly longer and more costly process.
• The regulation does not modify or repeal any previous plant protection product authorization that was already approved by another route.

Economic and operational impact

The main impact is not a fine or a fee: it is the loss of a pest control tool that many producers, especially organic ones, had incorporated into their crop protocols as a low environmental impact alternative.

The concrete operational consequences are:

• Immediate review of plant protection protocols: any treatment plan that included Capsicum oleoresin under the basic substance category must be replaced.
• Substitution cost: farmers will need to identify and purchase authorized alternatives, which may have a higher cost or a different environmental impact profile.
• Regulatory risk: continuing to use the product under the "basic substance" umbrella after the regulation enters into force exposes the operator to sanctions for non-compliance with plant protection regulations.
• Impact on organic production: organic producers, who have access to a more restricted catalog of inputs, lose an option that aligned with organic farming principles. They will need to seek alternatives compatible with their certification.
• Plant protection manufacturers: those who had products based on Capsicum oleoresin under development or commercialization under this category must review their portfolio and, if appropriate, initiate the conventional authorization process.

Who does it affect?

• Conventional farmers who used Capsicum oleoresin as a plant protection treatment under the basic substance category.
• Organic producers who sought low environmental impact options and had incorporated this extract into their crop protocols.
• Manufacturers and distributors of plant protection products who marketed formulations based on Capsicum oleoresin under this category.
• Agricultural advisors and technicians who recommended this product as a natural alternative in their treatment plans.
• Operators in the agricultural supply chain in any EU Member State, given that the regulation has direct effect throughout the Union.

Practical example

An organic vegetable producer in Almería who had incorporated Capsicum oleoresin into their pest control protocol—relying on its status as a basic substance under Regulation 1107/2009—can no longer continue using this product under that legal framework from 9 June 2026.

Steps they must take immediately:

1. Remove Capsicum oleoresin from their plant protection treatment plan.
2. Consult with their technical advisor about what authorized alternatives exist for the same purpose (insect control or other pests) and that are compatible with their organic certification.
3. Verify that none of the alternatives chosen are also pending regulatory review.
4. Update field notebook documentation to reflect the change of input.

If they continued using the product under the "basic substance" umbrella ignoring this resolution, they would be in breach of European plant protection regulations, with the consequent risk of sanctions and loss of certifications.

What should companies do now?

1. Review plant protection protocols immediately: identify if Capsicum oleoresin appears in any active treatment plan under the basic substance category and remove it.
2. Seek authorized alternatives: consult the register of approved active substances of the European Commission to identify valid substitutes for the same use.
3. Verify compatibility with organic certifications: organic producers must confirm that the alternatives chosen are compatible with Regulation (EU) 2018/848 on organic production.
4. Update documentation: field notebooks, product sheets and treatment records must reflect the change of input.
5. Inform the supply chain: manufacturers and distributors must communicate the change to their customers and withdraw from the market any product marketed exclusively under the basic substance category.
6. Evaluate whether conventional authorization is appropriate: if commercial interest in Capsicum oleoresin is relevant, consider initiating the authorization process as a conventional plant protection product, which requires a complete technical file before the competent authority.

Official source

Consult the complete regulation in 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_202601209