Pelargonic acid authorized until 2038: what pesticide manufacturers and distributors must do

Key data

Manufacturers and distributors of pesticides containing pelargonic acid have European approval until 2038, but with conditions. The Commission Implementing Regulation (EU) 2026/1696, published on July 15, 2026, renews the approval of this active substance in accordance with Regulation (EC) No 1107/2009, but requires that national authorizations for products containing it be adjusted to the new requirements before the established deadlines expire.

The renewal is not automatic for commercial products: each national authorization must be reviewed and adapted by Member States. Companies that do not act in time risk losing legal coverage to market their products in certain European markets.

What does this regulation establish?

Regulation 2026/1696 formally renews the approval of pelargonic acid as an active substance in plant protection products. This renewal is based on the technical evaluation by the EFSA (European Food Safety Authority) and Member States, which conclude that the substance meets the safety criteria established in Regulation (EC) No 1107/2009, always under specific conditions of use.

The specific changes it introduces are as follows:

Pelargonic acid is a naturally occurring fatty acid used as a contact herbicide and in some insecticides. Its use is widespread in organic and conventional agriculture, which means this renewal has a direct impact on a broad segment of the European plant protection market.

Economic and operational impact

The renewal until 2038 offers regulatory stability for more than eleven years for companies operating with this substance. However, the immediate operational impact falls on those who must manage the adaptation of their national authorizations.

• Cost of reviewing national authorizations: Each Member State must review authorizations for products containing pelargonic acid. For manufacturers, this involves preparing and submitting updated technical documentation to the competent authorities of each country where they market products.
• Risk of commercial interruption: If a manufacturer or distributor does not adapt its national authorization within the deadlines set by each Member State, it may be forced to temporarily withdraw the product from the market in that country.
• Consolidation opportunity: The long renewal (until 2038) allows manufacturers to plan investments in R&D and formulations with this substance without regulatory uncertainty in the short or medium term.
• Specific conditions of use: The regulation establishes specific conditions under which approval is maintained. Non-compliance with these conditions may result in withdrawal of the product authorization, regardless of the expiration date of the active substance.

Who does it affect?

• Manufacturers of plant protection products that include pelargonic acid in their formulation, registered in one or more EU Member States.
• Distributors and marketers of pesticides with this active substance in the European market.
• Professional users (farmers, plant protection service companies) who apply products containing pelargonic acid and need to confirm that the authorizations for the products they use remain valid after adaptation.
• Technical advisors and registration consultants who manage the authorization files for plant protection products before national authorities.
• Competent authorities of Member States, responsible for reviewing and adapting existing national authorizations within the established deadlines.

Practical example

A Spanish company manufacturing a contact herbicide whose main active substance is pelargonic acid currently has its national authorization in force under the previous framework. Following the publication of Regulation 2026/1696, the Spanish competent authority (the Ministry of Agriculture) must review that authorization to verify that the product complies with the new conditions of use established in the regulation.

If the company does not actively collaborate with that review—by providing the updated technical documentation that the ministry may require—or if the product does not comply with any of the new specific conditions, the national authorization may not be renewed, which would prevent the commercialization of the product in Spain until the situation is resolved.

Conversely, if the company acts proactively—reviewing its technical files, contacting the competent authority and ensuring that the product complies with the conditions of Regulation 2026/1696—it will be able to continue marketing the product without interruptions until January 31, 2038.

What should companies do now?

1. Identify all affected commercial products: Review your own catalog and determine which products contain pelargonic acid as an active substance, in which EU countries they are authorized and under what conditions.
2. Consult the full text of Regulation 2026/1696: Verify the specific conditions of use established by the renewal and check whether current products comply with them. The text is available in the Official Journal of the EU.
3. Contact the competent authorities of each Member State: Request information about the specific deadlines that each country establishes for reviewing national authorizations for products containing pelargonic acid.
4. Update the technical documentation of the registration file: Prepare or review technical dossiers to reflect compliance with the new conditions of use required by the regulation.
5. Inform the distribution network: Communicate to distributors and professional customers that national authorizations are under review and that products will continue to be marketable as long as the new requirements are met.

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=OJ:L_202601696