Key data
| Regulation | Commission Implementing Regulation (EU) 2026/1968, of 7 September 2026 |
|---|---|
| Publication | 8 September 2026 |
| Entry into force | 7 September 2026 |
| Affected parties | Pesticide manufacturers, farmers and grain storage operators in the EU |
| Category | Agriculture and Fisheries — Plant Protection Products |
| Modified regulation | Commission Implementing Regulation (EU) No 540/2011 (annex updated with new date and conditions) |
| Base legal framework | Regulation (EC) No 1107/2009 of the European Parliament and of the Council |
If your company manufactures, distributes, or uses plant protection products containing phosphine—the most widely used fumigant in grain storage and pest control in silos—this regulation directly affects you. The Commission Implementing Regulation (EU) 2026/1968, published on 8 September 2026, renews the approval of phosphine in accordance with Regulation (EC) No 1107/2009, but it is not an automatic renewal without consequences: it carries updated conditions that require concrete action.
Phosphine is the reference active substance for fumigation of cereals, legumes, and other stored products. Its use is widespread in agricultural cooperatives, large grain warehouses, ports, and logistics operators in the agri-food sector. Any change in its regulatory status has a direct impact on the operations and compliance costs of these actors.
What does this regulation establish?
The regulation formally renews the approval of phosphine as an active substance in plant protection products within the framework of Regulation (EC) No 1107/2009. This means that phosphine can continue to be an active ingredient in authorized pesticides in the EU, but under updated conditions.
The specific changes it introduces are as follows:
- The annex of Commission Implementing Regulation (EU) No 540/2011 is updated to reflect the new date of phosphine approval and the revised applicable conditions.
- Member States must review and adapt national authorizations of all plant protection products containing phosphine to verify that they comply with the new requirements.
- Specific deadlines are established for Member States to adapt or withdraw national authorizations that are not in compliance with the new conditions.
- Manufacturers and distributors of phosphine-containing products must actively verify compliance with the new requirements for each of their registered products.
| Aspect | Before (previous situation) | After (Regulation 2026/1968) |
|---|---|---|
| Status of phosphine | Approved with previous conditions | Renewed with updated conditions |
| Annex Regulation 540/2011 | Previous date and conditions | New approval date and revised conditions |
| National authorizations | In force under the previous framework | Must be reviewed and adapted within deadline |
| Obligation of Member States | No immediate action required | Review, adapt or withdraw non-compliant authorizations |
Economic and operational impact
Renewal with new conditions is not neutral in terms of costs. Affected companies must anticipate the following operational and economic impacts:
- Costs of reviewing and adapting authorizations: Manufacturers and distributors must audit their product records and, where necessary, submit updated documentation to the competent national authorities. This involves regulatory advisory costs, technical analysis, and administrative management.
- Risk of supply interruption: If a national authorization is not adapted within the set deadline, the product may lose its current authorization, preventing its marketing and use until it is regularized. For grain storage operators, this can translate into the inability to fumigate during the harvest season.
- Impact on the agri-food chain: Phosphine is mainly used as a fumigant in grain storage and pest control. An interruption in its availability directly affects cooperatives, warehouse operators, cereal exporters, and port operators.
- Substitution costs: If a specific product does not pass the compliance review, operators will need to seek alternative fumigation methods, which in many cases are more expensive or less effective for certain pests.
Who does it affect?
- Pesticide manufacturers that have products registered with phosphine as the active substance in any EU Member State.
- Distributors and marketers of plant protection products containing phosphine operating in the European market.
- Farmers and agricultural cooperatives that use phosphine fumigants for the treatment of stored grain.
- Grain storage operators: silos, cereal warehouses, port facilities, and logistics installations in the agri-food sector.
- Competent authorities of Member States responsible for managing authorizations of plant protection products, which must review and update the national register.
Practical example
A Spanish cereal cooperative that regularly uses phosphine tablets to fumigate its 10,000-ton wheat silo must verify that the specific plant protection product it purchases (for example, a fumigant registered under a Spanish national authorization) remains in force under the new conditions of Regulation 2026/1968.
If the product manufacturer has not updated its authorization file with the Ministry of Agriculture within the deadline set by Spain as a Member State, the national authorization could be suspended or withdrawn. In that case, the cooperative could not legally acquire or use that specific product, even though phosphine as an active substance remains approved at the European level. The cooperative would then need to identify another phosphine-containing product that has a current authorization adapted to the new conditions, or resort to alternative fumigation methods.
This scenario is especially critical in the months leading up to the harvest season, when demand for fumigants is at its peak and administrative management deadlines are tighter.
What should companies do now?
- Identify all registered products containing phosphine: Manufacturers and distributors must make an inventory of their plant protection products containing phosphine and verify the status of their national authorizations in each Member State where they operate.
- Review the new conditions of Regulation 2026/1968: Consult the full text of the regulation and the updated annex of Commission Implementing Regulation (EU) No 540/2011 to identify what conditions have changed compared to the previous approval.
- Contact the competent national authority: In Spain, the body responsible for authorizing plant protection products is the Ministry of Agriculture, Fisheries and Food. Verify the specific deadlines that Spain sets for the adaptation of authorizations.
- Initiate the authorization adaptation process: If any product requires documentary updates to comply with the new conditions, initiate the administrative procedure as soon as possible, given that resolution deadlines can be lengthy.
- Inform customers and operators: Distributors and manufacturers should proactively communicate to their customers (farmers, warehouse operators) the status of their product authorizations to avoid supply chain interruptions.
- Evaluate alternative fumigation methods: As a contingency measure, identify alternative authorized products in case any authorization cannot be adapted within the deadline.
Frequently asked questions
What is Commission Implementing Regulation (EU) 2026/1968 and what changes compared to the previous approval of phosphine?
Commission Implementing Regulation (EU) 2026/1968, published on 8 September 2026, renews the approval of phosphine as an active substance in plant protection products in accordance with Regulation (EC) No 1107/2009. Compared to the previous situation, it updates the approval conditions and modifies the annex of Commission Implementing Regulation (EU) No 540/2011 with a new approval date and revised conditions. Member States must now review and adapt or withdraw national authorizations of phosphine-containing products that do not meet the new requirements.
When does the new regulation on phosphine enter into force and what deadline do Member States have to adapt the authorizations?
Regulation 2026/1968 entered into force on 7 September 2026. Member States have specific deadlines to review, adapt, or withdraw national authorizations of plant protection products containing phosphine that are not in compliance with the new conditions. The specific deadlines for each Member State should be consulted in the corresponding national transposition legislation.
Can I continue using phosphine-containing products to fumigate my grain silos after this regulation?
Yes, as long as the specific plant protection product you use has a current national authorization adapted to the new conditions of Regulation 2026/1968. Phosphine remains approved as an active substance at the European level, but each commercial product containing it must have its national authorization reviewed and updated by the manufacturer with the competent authority of the Member State. If the authorization for a specific product is not adapted within the deadline, that product cannot be legally marketed or used.
What must phosphine pesticide manufacturers do to comply with Regulation 2026/1968?
Manufacturers must review all their registered products containing phosphine, verify that they comply with the new conditions established in the regulation, and, if necessary, update the documentation of their national authorizations with the competent authorities of each Member State where they operate. They must also modify Commission Implementing Regulation (EU) No 540/2011 as a reference for their files. Failure to meet the deadlines may result in withdrawal of the product authorization.
What regulation does Commission Implementing Regulation (EU) 2026/1968 modify?
Regulation 2026/1968 modifies the Commission Implementing Regulation (EU) No 540/2011, specifically its annex, to update the date of phosphine approval and reflect the new conditions of use. The reference legal framework remains Regulation (EC) No 1107/2009 of the European Parliament and of the Council, which regulates the marketing of plant protection products in the EU.
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_202601968