High-risk phytosanitary plants EU 2026: what changes for importers and nurseries

Key data

If you import plants, plant material or derived products from outside the EU, this regulation can block your operations overnight. The Delegated Regulation (EU) 2026/1195, in force from 14 August 2026, establishes the formal procedure for the European Commission to classify plants and plant products as "high phytosanitary risk". The direct consequence: provisional prohibition of imports while the evaluation is ongoing.

This regulation completes the framework established by Regulation (EU) 2016/2031, which regulates phytosanitary protection measures in the European Union. Until now, the specific procedure for drawing up the list of high-risk elements was missing; this delegated regulation establishes it.

What does this regulation establish?

The regulation defines step by step how it is decided that a plant or plant product is considered "high-risk". The key elements of the procedure are:

The preliminary evaluation group is made up of three types of actors: experts from Member States, the European Food Safety Authority (EFSA) and representatives of the European Commission. This composition ensures both the scientific technical perspective and the vision of each member country.

The technical file that Member States must provide must include evidence on: pest risks associated with the plant or product, data on border interceptions and import statistics. This is not an informal request: there is a regulated procedure with specific documentary requirements.

Economic and operational impact

The most immediate and serious impact for companies is the provisional prohibition of imports that is activated at the moment a product enters the evaluation process, not when it concludes. This means that a company can see a shipment in transit blocked or lose supply contracts without prior commercial notice.

• Blocking of ongoing imports: If a plant product you are importing is classified as high-risk while your goods are in transit, the provisional prohibition applies immediately.
• Uncertainty in planning: The Commission can act on its own initiative, which means there will not always be a prior signal that a product is under scrutiny.
• Adaptation costs: Search for alternative suppliers, renegotiation of contracts, possible penalties for failure to deliver and storage costs for retained goods.
• Protection of commercial information: The regulation includes confidentiality guarantees for sensitive data provided in the files, which is relevant if your company is consulted or provides information in the process.

For European exporters selling to third countries, the impact is indirect but real: if their suppliers of plant material see their imports of inputs blocked, the supply chain is affected.

Who does it affect?

• Importers of plants and plant material from third countries (outside the EU).
• European exporters who use imported plant inputs in their production process.
• Nursery operators who market or distribute plants of non-EU origin.
• Agricultural sector companies working with seeds, cuttings, bulbs or other plant reproduction materials imported.
• Logistics operators and customs agents managing the clearance of plant product shipments.
• Advisors and consultants in the agri-food sector who must inform their clients about current import restrictions.

Practical example

A Spanish nursery regularly imports cuttings of an ornamental species from a third country. In September 2026, a Member State submits to the Commission a technical file with evidence that this species may be a vector for a pest not present in the EU. The Commission accepts initiating the preliminary evaluation with the expert group (Member States + EFSA + Commission).

From that moment, and while the evaluation is ongoing, imports of that species are provisionally prohibited. The nursery has a shipment of 10,000 cuttings already shipped. The goods cannot enter the EU until the process concludes. The nursery must:

1. Bear the storage costs at origin or at port.
2. Search for alternative suppliers within the EU or in countries with already certified material.
3. Communicate the delay to its customers and review applicable contractual penalties.

If the evaluation concludes that the risk is real, the species is added to the definitive list of high-risk and the prohibition remains permanent. If the risk is ruled out, the provisional prohibition is lifted.

What should companies do now?

1. Audit your imported product catalog: Identify which plants, plant products or other objects of non-EU origin are part of your regular operations and assess their potential phytosanitary exposure.
2. Review contracts with suppliers: Include force majeure or phytosanitary contingency clauses that cover the scenario of provisional import prohibition due to high-risk classification.
3. Establish a regulatory alert system: The Commission can act on its own initiative at any time. You need to know when a product you import enters the evaluation process, before the goods are in transit.
4. Identify alternative suppliers within the EU: For the most critical products, have identified community supply sources that can be activated if a provisional prohibition occurs.
5. Consult a specialist in plant health or foreign trade: If your company works with potentially sensitive species, a preventive review of phytosanitary risk can avoid significant losses.

Official source

Consult the complete regulation in official source

Notice: 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:32026R1195