If adopted, the amended regulation will become applicable from 1 October 2026, requiring companies involved in the manufacture, import, export, or distribution of affected substances to review their compliance obligations.
Why the EU is Updating the Regulation
The proposed amendments align the EU’s hazardous chemical trade rules with recent decisions adopted under major international environmental agreements.
One of the main drivers is the Rotterdam Convention, whose twelfth Conference of the Parties, held between April and May 2025, added carbosulfan and certain formulations of fenthion to Annex III. As a result, exports of these substances will become subject to the EU’s Prior Informed Consent (PIC) procedure.
The proposal also reflects decisions taken under the Stockholm Convention on Persistent Organic Pollutants (POPs). Following earlier international agreements, the substances Dechlorane Plus, methoxychlor, and UV-328 are being incorporated into the EU’s hazardous chemical control framework.
Together, these updates ensure that EU legislation remains consistent with internationally agreed measures designed to improve the management of hazardous chemicals in global trade.
Changes Proposed for Annex I
The draft regulation introduces amendments across all three parts of Annex I, each of which governs different regulatory obligations.
Expansion of the Export Notification List
Part 1 of Annex I, which identifies chemicals requiring export notification, would be expanded by more than twenty additional substances. These include several UV absorbers, chromium compounds, phthalates, trichloroethylene, MOCA, Dechlorane Plus, and a number of pesticide active ingredients.
The proposal also updates existing entries. For example, the listing for carbendazim would be broadened to cover additional subcategories, while carbosulfan would be removed from Part 1 because it is being transferred to the section covering PIC requirements.
Additional Chemicals Requiring PIC Notification
Part 2, which identifies chemicals qualifying for Prior Informed Consent notification, would also be expanded considerably.
Among the newly proposed entries are UV absorbers, Dechlorane Plus, carbendazim, several pesticide active substances such as dodine, fenpyrazamine, and tritosulfuron, as well as polyhexamethylene biguanide (PHMB), RP-HP, and the DOTE/MOTE reaction mixture.
At the same time, carbosulfan would be removed from this section because it would become fully subject to the PIC procedure under Part 3.
New Chemicals Subject to the PIC Procedure
Part 3 would gain two new entries:
- Carbosulfan (CAS No. 55285-14-8)
- Fenthion in ultra-low volume formulations containing 640 g active ingredient/L or higher (CAS No. 55-38-9)
These additions mean that exports of these substances will require compliance with the Prior Informed Consent procedure established under Regulation (EU) No 649/2012.
Expansion of the Export Prohibition List
The proposal also updates Annex V, which lists chemicals whose export from the European Union is prohibited.
Three substances would be added:
- UV-328
- Dechlorane Plus
- Methoxychlor
For each substance, the draft regulation includes specific exemptions linked to Regulation (EU) 2019/1021 on Persistent Organic Pollutants.
In general, the proposed restrictions would not apply where products qualify for the exemptions established under that regulation or where the substances are present at concentrations below the applicable legal threshold values.
What Businesses Should Do
Although the regulation is still in draft form, companies should begin assessing whether their product portfolios or supply chains include any of the newly listed substances.
Businesses involved in the chemical, pesticide and biocidal sectors should determine whether exports will become subject to the Prior Informed Consent procedure or whether any substances fall within the expanded export prohibition list. Where export bans apply, companies should verify whether one of the regulatory exemptions under the POPs Regulation remains available.
Once formally adopted and published in the Official Journal of the European Union, the delegated regulation will enter into force 20 days later and is scheduled to apply from 1 October 2026, giving affected companies a limited period to implement the necessary compliance measures.
