Brussels sets procedure for third-country derogations on plant imports

The European Commission has fixed the procedure that third countries must follow to obtain temporary derogations from the EU prohibition on importing certain plants, plant products and other objects, and from the special requirements attached to others. The rules are set out in Commission Delegated Regulation (EU) 2026/1830 of 16 July 2026, published in the Official Journal of the European Union L series on 10 November 2026 (CELEX 2026/1830). The regulation enters into force on the twentieth day after publication, that is, on 30 November 2026, and is binding in its entirety and directly applicable in all Member States.

The legal basis: filling a gap left by the plant-health regime

The delegated act supplements Regulation (EU) 2016/2031 on protective measures against pests of plants. Article 40(1) of that regulation prohibits the introduction of listed plants, plant products and other objects into Union territory, while Article 41(2) sets out those subject to special or equivalent import requirements. Article 42a(1) allows temporary derogations from both regimes where the conditions of Article 42a(2) are met, and Article 42a(3) empowers the Commission to adopt the procedural rules now published.

Brussels argues that some of those cases depend on a request from a third country, which until now had no defined channel. The new text therefore covers the preparation, content and submission of requests and dossiers, the handling of those files once received, including consultation of scientific bodies, and the treatment of confidential information. The regulation contains ten articles, from subject matter to entry into force, and was signed in Brussels on 16 July 2026 by Commission President Ursula von der Leyen.

Who applies and what the dossier must contain

Access to the procedure is restricted: only the National Plant Protection Organisation (NPPO) of the third country concerned may submit a request, so that the risk elements are certified by the responsible public authority. The request must specify the detailed rules from which a derogation is sought, justify the need for it and be accompanied by a technical dossier plus a brief summary.

Under Article 3, the dossier must include, for each plant, plant product or other object:

• information on the product, including its characterisation, production process, treatments and processing;
• identification of all pests potentially associated with it in the third country concerned;
• data on phytosanitary mitigation measures and inspections carried out there;
• contact details of the NPPO point of contact liaising with the Commission and the European Food Safety Authority (EFSA);
• information whose disclosure might harm a third party’s competitive position, with verifiable justification for confidential treatment.

Requests must be filed in one of the official languages of the Union.

Commission screening, EFSA assessment and renewals

After acknowledging receipt, the Commission verifies administratively whether the dossier contains the required elements and may ask the NPPO for clarifications. If satisfied, it orders submission through its designated electronic system, requests an opinion from EFSA and informs the Member States. It may waive the EFSA opinion where a sufficient assessment already exists.

EFSA then checks the dossier against its own guidance document, “Information required for dossiers to support demands for import of high-risk plants, plant products and other objects as foreseen in Article 42 of Regulation (EU) 2016/2031” (2018, EN-1492), conducts the risk assessment, may communicate directly with the NPPO while informing the Commission, and must publish its assessment in its Journal. The Commission then grants the derogation by means of an act or notifies its refusal.

For renewals of the five-year period under Article 42a(6), applicants need only submit what has changed or was not covered by an earlier assessment. Confidentiality covers the manufacturing or production process, commercial links between producer or importer and the requesting person, and commercial data on sourcing, market shares or business strategy — excluding information relevant to the phytosanitary risk assessment.

Why it matters

The regulation converts a legal possibility into an operational channel, giving exporters in non-EU countries a single, documented route to seek relief from import prohibitions while giving EU plant-health authorities and EFSA a predictable basis for judging risk and protecting commercial secrets. For national plant protection organisations, the message is that access depends on the quality of a dossier built to EFSA’s own template, and that the clock starts only when a complete file reaches Brussels.

Source: Official Journal of the European Union, L series, 10 November 2026, pp. 1-6 (official reference: CELEX 2026/1830).