On 16 July 2026, the European Commission adopted a delegated regulation establishing a detailed procedure for third countries to request temporary derogations from EU import prohibitions on certain plants, plant products, and other objects under Article 40(1) of Regulation (EU) 2016/2031, as well as from special import requirements under Article 41(2). The regulation, published as C(2026)4919, applies only where no more stringent measures already apply to the requesting third country.
The procedure requires that requests be submitted exclusively by the National Plant Protection Organisation (NPPO) of the third country. Each request must specify the rules from which derogation is sought, justify the need, and be accompanied by a technical dossier containing product information, pest identification, phytosanitary measures and inspection data, NPPO contact details, and any confidential information. For renewals, which are granted for a five-year period per Article 42a(6), only changed or previously unassessed elements need updating.
Upon receiving a complete dossier, the Commission verifies the submission and may request clarifications. It then asks the European Food Safety Authority (EFSA) to conduct a risk assessment, unless a sufficient assessment already exists. EFSA checks the dossier, may communicate directly with the NPPO, and publishes its risk assessment. Based on EFSA's assessment, the Commission either grants the derogation or informs the NPPO of the refusal. Confidentiality rules protect manufacturing processes, commercial links, and business strategy information.
The delegated regulation introduces a clear, step-by-step framework that balances trade facilitation with phytosanitary safeguards. By centralising the process through the Commission and EFSA, it aims to ensure consistent and science-based decision-making across all third-country requests. The regulation is expected to have a moderate impact on third-country exporters of plants and plant products, who now have a predictable pathway to seek temporary relief from EU import restrictions. EU producers and national plant health authorities will benefit from enhanced transparency and risk assessment, though the additional procedural steps may introduce administrative delays. The regulation does not alter existing EU phytosanitary standards but formalises the derogation process, which was previously handled on a case-by-case basis without a codified procedure.
As a delegated regulation supplementing the basic act (Regulation 2016/2031), it enters into force 20 days after publication in the Official Journal of the European Union. The European Parliament and Council have the right to object within two months. No prior coverage of this file exists in the available record.