Key data
| Regulation | Commission Implementing Decision (EU) 2026/2151 — CELEX:32026D2151 |
|---|---|
| Publication | 28 September 2026 |
| Entry into force | 25 September 2026 |
| Affected parties | Manufacturers and distributors of biocides with folpet for protection of fibers, leather and polymeric materials |
| Biocidal product type | Type 9 — Protection of fibers, leather, rubber and polymerized materials |
| Legal basis | Regulation (EU) No 528/2012 of the European Parliament and of the Council |
| Notification reference | C(2026) 6695 |
| Category | European Regulation |
If your company manufactures, formulates or distributes biocidal products containing folpet to protect fibers, leather, rubber or polymerized materials, this decision affects you directly — and the news is positive. The European Commission has approved Implementing Decision (EU) 2026/2151, of 25 September 2026, which delays the expiration date of folpet approval for biocides of product type 9. In practice, it means there is no interruption in your activity.
The measure is based on the Regulation (EU) No 528/2012 on biocides, which expressly provides for the possibility of delaying expirations when the evaluation process for renewal is underway and the delay is not attributable to the applicant.
What does this regulation establish?
Folpet is a fungicide widely used as an active substance in biocides of type 9, a category that encompasses products intended for the preservation and protection of non-living materials such as textile fibers, leather, rubber and polymerized materials. Without this current approval, products containing it could not be legally marketed in the European Union.
The approval of folpet for this use had an established expiration date. However, the renewal process — which involves exhaustive technical and scientific evaluation — has not been completed on time. Regulation (EU) 528/2012 provides for exactly this scenario: when evaluation is ongoing without the applicant being responsible for the delay, the Commission may postpone the expiration date to avoid a regulatory vacuum.
| Element | Detail |
|---|---|
| Active substance | Folpet (fungicide) |
| Biocidal product type | Type 9 — Protection of fibers, leather, rubber and polymerized materials |
| Effect of the decision | Delay of the expiration date of current approval |
| Reason for delay | Renewal process underway, without fault of the applicant |
| Changes in conditions of use | None — previously approved conditions are maintained |
| Enabling legal basis | Regulation (EU) No 528/2012, article on delay of expirations |
It is important to emphasize that this decision does not modify the conditions of use of folpet in biocides type 9. It introduces no new restrictions, does not change doses or existing labeling requirements. It is, in essence, a continuity measure that guarantees legal certainty for the sector.
Economic and operational impact
For companies in the sector, the economic impact of this decision is fundamentally positive and preventive: it avoids costs that would have been incurred if the approval had expired without extension.
Without this extension, companies manufacturing or distributing biocides with folpet type 9 would have had to:
- Withdraw products from the European market until obtaining new authorization.
- Reformulate products by replacing folpet with another active substance, with the R&D costs, registration and production line adaptation that this entails.
- Manage contractual uncertainty with industrial customers who depend on these preservative treatments.
- Face potential claims for breach of supply contracts.
From an operational standpoint, no immediate action is required to continue marketing the affected products. The extension enters into force on 25 September 2026 and guarantees continuity without additional procedures for companies already operating with authorization.
Who does it affect?
This decision directly affects companies operating in the following areas:
- Biocide manufacturers that formulate products with folpet intended for the protection of type 9 materials.
- Distributors and marketers of these biocidal products in the European market.
- Textile industry that uses preservative treatments with folpet to protect fibers during storage or transport.
- Leather and leather goods industry that applies biocides type 9 in its preservation processes.
- Manufacturers of rubber products and polymerized materials that incorporate fungicidal treatments in their processes.
- Compliance and regulatory affairs managers in chemical and specialty companies.
Practical example
Imagine a Spanish company manufacturing preservative treatments for the footwear and leather goods industry. Its flagship product is a biocide type 9 containing folpet as the active substance, approved and registered in accordance with Regulation (EU) 528/2012. This product is sold to tanneries and leather goods manufacturers in Spain, Portugal and Italy.
Without Decision 2026/2151, the expiration of folpet approval would have forced this company to immediately withdraw the product from the market, negotiate urgent replacement with its customers, and face a reformulation process or registration of a new active substance that could take months or years.
With the extension in force since 25 September 2026, this company does not need to do anything different: it can continue manufacturing, selling and exporting its biocide type 9 with folpet under the same conditions of use already approved, while the European Commission completes the renewal process for the active substance. Business continuity is guaranteed without additional cost or extraordinary procedure.
What should companies do now?
- Verify that your products are classified as biocides type 9 with folpet. If so, the extension applies directly to you and you can continue operating without changes.
- Review the registration documentation of your biocidal products to confirm that the current authorization references Regulation (EU) 528/2012 and folpet as the approved active substance.
- Inform your regulatory affairs team and your distributors that the approval of folpet type 9 remains in force, avoiding unnecessary alarms or hasty reformulation decisions.
- Monitor the progress of the folpet renewal process before the European Commission. When it concludes, a new decision will be published with the final conditions, which could imply changes in use requirements.
- Consult with a biocides regulation specialist if you have doubts about the scope of the extension for specific products in your portfolio or if you operate in markets outside the EU where regulations may differ.
Frequently asked questions
What is a biocidal product type 9 and what materials does it protect?
Biocides of product type 9, according to Regulation (EU) No 528/2012, are products intended for the preservation of non-living materials. Specifically, type 9 covers the protection of fibers, leather, rubber and polymerized materials against deterioration caused by microorganisms such as fungi and bacteria. Folpet acts as a fungicide in these products.
When does the folpet extension enter into force and how long is it valid?
Implementing Decision (EU) 2026/2151 entered into force on 25 September 2026 (date of adoption by the Commission) and was published on 28 September 2026. The extension will remain in force until the renewal process for folpet approval for biocides type 9 is completed, at which time the Commission will publish a new decision with the final conditions.
Do the conditions of use of folpet in biocides type 9 change with this decision?
No. Decision 2026/2151 only delays the expiration date of the existing approval. It does not modify, restrict or expand the conditions of use previously approved for folpet in biocides type 9. Companies can continue operating exactly as before.
What happens if the folpet renewal is ultimately not approved?
If the renewal process concludes with a negative decision, the European Commission would publish a new decision establishing a transitional period for companies to withdraw products from the market or reformulate them. In no case would the approval expire abruptly without prior notice, as Regulation (EU) 528/2012 establishes transition mechanisms. For now, the extension guarantees continuity while the renewal is evaluated.
Does this extension also affect other types of biocides with folpet, such as type 6 or type 7?
No. Implementing Decision (EU) 2026/2151 refers exclusively to folpet for biocides of product type 9 (protection of fibers, leather, rubber and polymerized materials). If your company uses folpet in other types of biocidal products, you must verify the approval status specific to each product type independently.
Official source
Consult 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=CELEX:32026D2151