EU Pesticide Omnibus Changes
What would the EU pesticide omnibus change?
The EU "pesticide omnibus" is the Commission's 16 December 2025 food and feed safety simplification package. For pesticides, its main change is that most active substance approvals under Regulation (EC) No 1107/2009 would no longer expire on a fixed date. It would also speed up biocontrol products, extend grace periods, set EU-wide data protection, allow MRLs at technical zero for hazardous substances not approved in the EU, and open the way for drone spraying. None of it is law yet. The Council has agreed its negotiating positions, but the Parliament has not yet voted, and the Council has already narrowed the "no expiry date" idea.
Approach: The datasets hold the text of Regulation 1107/2009 but not the omnibus proposals, so this comes from the Commission's proposal and summary page, the Council's negotiating mandates, and the Parliament's procedure file and research briefing.
The two proposals
- Regulation, procedure 2025/0410(COD), COM(2025) 1030. It amends ten acts, including 1107/2009 (plant protection products), 396/2005 (MRLs) and 528/2012 (biocides) (proposal, p.1).
- Directive, procedure 2025/0409(COD). It amends the Sustainable Use Directive 2009/128/EC (aerial spraying) and Directive 98/58/EC (Council mandate 9737/26).
Regulation 1107/2009: Commission proposal compared with the Council mandate of 30 September 2026
| Topic | Commission proposal | Council mandate (13785/26) |
|---|---|---|
| How long approvals last | Approvals become unlimited, except candidates for substitution, Article 4(7) substances, and cases where the risk assessment justifies a time limit | Only low-risk substances get unlimited approvals. Other substances: first approval up to 15 years, renewal up to 25 years. Periods for candidates for substitution and Article 4(7) substances stay as they are (Arts 5 and 14, recitals 14a and 15b) |
| Substances already approved | Not covered in the memorandum pages I read | The new periods also apply to them, except candidates for substitution, Article 4(7) substances, substances classified Carc./Muta./Repr. Cat. 2 in CLP Annex VI, and substances given a shortened period (recital 26) |
| Re-checking approvals | The Commission identifies substances for full renewal or targeted reassessment. Article 21 ad-hoc reviews stay | Same, plus a work programme (Art 18) and targeted reassessments (Art 18a) with EFSA as rapporteur. Updated data requirements or guidance trigger re-identification within 3 years. EFSA reviews the literature periodically |
| Article 4(7) derogation | Scope clarified; the phasing-out plan obligation removed | Maximum 5 years. Not available for Muta. 1A/1B, Carc. 1A, Carc. 1B without a threshold, Repr. 1A, PBT, vPvB or POP substances. Member States "may" draw up a phasing-out plan |
| Grace periods (Art 20(2)) | Total maximum doubled to 3 years where no reasonable alternatives exist | Normally 6 months for sale plus 1 year for use. Without alternatives: 1 year plus 2 years. No grace period where there are immediate and serious concerns. Article 46 aligned |
| Biocontrol | New definition, priority assessment, EFSA support for rapporteur Member States, tacit mutual recognition after 120 days, no Art 67 record-keeping for products containing only biocontrol substances | Adds EFSA as possible rapporteur, provisional authorisations (for low-risk products), and a single EU zone for products with only biocontrol or low-risk substances |
| Low-risk status | Criteria based on the substance's intrinsic properties only; an approved substance can apply to be changed to low-risk | Kept |
| Data protection | One EU-wide scope and the same protection period for each study | Kept (recital 24) |
| Mutual recognition and minor uses | Mutual recognition only if the product is actually sold in the reference Member State. Agricultural bodies can apply without the holder's consent. Fewer Art 51 restrictions; harmonising implementing acts | Kept |
| Other changes | Basic substances may be placed on the market without authorisation; treated-seed and plant reproductive material rules clarified; Art 36(3) "current knowledge" clarified | Also deletes the Art 68 reporting duty |
Source for the Commission column: explanatory memorandum, pp.2-8. The Commission's summary page notes that about 200 active substances currently have renewal procedures under way.
MRLs (Regulation 396/2005)
- Technical zero for hazardous substances not approved in the EU: MRLs based on non-EU agricultural practice or Codex limits could be set at the limit of quantification after an impact assessment. This covers CMR substances, endocrine disruptors, POPs, PBTs and vPvBs.
- The Commission proposal says these MRLs "may" be set this way.
- The Council changes this to "should" and adds substances with unacceptable effects on honeybees or groundwater. It also requires the Commission to review existing Codex and import MRLs for these substances systematically, and keeps MRLs that support Article 4(7) uses (recitals 27-29b).
- Other MRL changes:
- The term "import tolerance" is repealed.
- Products that met the MRL in force when they were placed on the market can stay on sale after a lower MRL applies (Art 49(2)).
- MRLs set from monitoring data for long-banned persistent substances such as DDT no longer need a mandatory 10-year review (Art 16).
- "LOD" is replaced by "LOQ" (limit of quantification).
Sustainable Use Directive (drones)
- Member States could exempt certain drone types from the ban on aerial spraying. The Commission would list the eligible types in a delegated act, after consulting EFSA.
- Only plant protection products explicitly authorised for drone application could be sprayed this way, and EFSA would write a risk assessment guidance document.
- The Council mandate of 27 May 2026 adds two points:
- Until the delegated act is adopted, Member States can grant interim horizontal exemptions, based on a risk assessment.
- For low-risk products, a prior notification can replace approval of an application plan.
Biocides (Regulation 528/2012)
- Approvals of biocidal active substances also become unlimited, except substances meeting the exclusion or substitution criteria.
- Union authorisations would be adopted as implementing decisions, with only summaries published in the Official Journal (memorandum, pp.10-11).
Where it stands
- Council: mandate on the directive agreed on 27 May 2026; mandate on the regulation agreed on 30 September 2026.
- Parliament: the procedure file shows 2025/0410 as "awaiting committee decision" (ENVI and AGRI jointly), with an indicative plenary date of 23 November 2026 (OEIL).
- Parliament draft report (19 June 2026): proposes an indicative 18-month deadline for evaluating active substances, wider automatic mutual recognition, and removing the five-year limit on Article 4(7) approvals (EPRS briefing).
The Council text marks its edits in bold and strikethrough, which don't show in the extracted text. I read the 15-year and 25-year limits in Articles 5 and 14 together with recitals 14a and 15b, which state the Council's intent directly.
I couldn't open the Council's press releases; the figures above come from the mandate texts themselves.
Would active substance approvals still need renewal?
Yes. Under the Council's mandate most substances would still need renewal, just less often. Under the Commission's proposal most would not. Today, a first approval "shall be for a period not exceeding 10 years" (Article 5), and approvals are renewed on application for up to 15 years, or up to five years for Article 4(7) substances (Article 14(2)) [1][2]. The omnibus is still being negotiated, so this has not changed yet.
Approach: I checked the current consolidated Regulation 1107/2009, then the omnibus texts on the official sites: the Commission proposal COM(2025) 1030 and the Council mandate 13785/26 of 30 September 2026.
Commission proposal (December 2025)
- Most approvals would not expire. Approvals would be "unlimited in duration".
- Exceptions with a time limit:
- candidates for substitution;
- Article 4(7) substances;
- cases where the risk assessment justifies a time limit.
- Renewal only when selected. The Commission "may identify" substances with unlimited approval for a full renewal, or pick substances for a targeted reassessment, taking Member State requests into account.
- Article 21 reviews stay. Ad-hoc reviews at any time remain possible.
Source: explanatory memorandum, p.3.
Council mandate (30 September 2026)
Source for this section: 13785/26.
Who gets unlimited approvals
- Only low-risk active substances (recital 14a).
Longer periods for everyone else (recital 15b)
- First approval: up to 15 years (Art 5).
- Renewal: up to 25 years (Art 14(2)).
- Article 4(7) renewals: still up to 5 years.
- A shorter period can still be set under Art 6(j).
- Periods for candidates for substitution and Article 4(7) substances "remain unchanged".
Renewal stays the normal route for time-limited approvals
- The approval "shall be renewed" on application where the Article 4 criteria are met (Art 14(1)).
Renewal can be required even for unlimited approvals (Art 18)
- The Commission "shall periodically" adopt implementing acts naming substances that must go through renewal. It decides based on:
- safety indications;
- new scientific knowledge;
- monitoring data;
- Member State requests.
- It must do this within 3 years after a relevant change to Annex II criteria, data requirements or guidance.
- Those acts set application deadlines and expiry dates.
Targeted reassessment (new Art 18a)
- Can be started "at any time" for any approval, limited or unlimited.
- EFSA acts as rapporteur and periodically reviews the literature.
- If the required data are not submitted, or the criteria are no longer met, the approval is withdrawn.
Substances already approved (new Art 27a)
- Approved low-risk substances become unlimited, except:
- candidates for substitution;
- Article 4(7) substances;
- substances that missed a renewal deadline;
- substances with a renewal under way.
- Other approved substances with no renewal under way get an automatic extension:
- +5 years if never renewed under Article 14;
- +10 years if renewed at least once.
- No automatic extension for:
- candidates for substitution;
- Article 4(7) substances;
- substances given a reduced period under Art 6(j);
- substances under an ongoing Article 21 review (they are extended if the review confirms the criteria);
- substances classified Carc. 2, Muta. 2 or Repr. 2 under CLP.
Basic substances
- Approved "for an unlimited period" (Art 23a(4)).
The Council text marks its changes with bold and strikethrough, which don't show in the extracted text. The Article 5 and 14 figures above are how I read the articles together with recitals 14a and 15b, which state the Council's intent directly.
The Parliament has not yet adopted its position, so the final rule will come out of trilogue negotiations.
Are these changes already law?
No, these changes are not law yet. The text of Regulation 1107/2009 in force today (consolidated version of 16 June 2026) still contains the old periods. A first approval "shall be for a period not exceeding 10 years" (Article 5) [1]. A renewal "shall be for a period not exceeding 15 years", or five years for Article 4(7) substances (Article 14(2)) [2]. Neither omnibus proposal has passed the European Parliament.
Approach: I checked the current consolidated Regulation 1107/2009 and the acts that have amended it, then the Parliament's procedure files for both omnibus proposals.
The law today
- Fixed periods still apply. The 10-year and 15-year limits above are the current rule. So, for now, every substance except basic substances must be renewed on time to stay approved.
- Only basic substances have unlimited approvals. Under current Article 23(1), basic substances are approved "for an unlimited period" [3]. This is existing law, not part of the omnibus.
- No omnibus amendment has been adopted. The latest act I found amending 1107/2009 is Commission Regulation (EU) 2026/1120 of 26 May 2026. It only adds twelve co-formulants to Annex III [4].
Where the two proposals stand
Both have reached the same stage: the Council has agreed its position, and the Parliament has not voted yet.
| Regulation 2025/0410(COD) (1107/2009, MRLs, biocides) | Directive 2025/0409(COD) (drone spraying) | |
|---|---|---|
| Council | Mandate agreed 30 September 2026 | Mandate agreed 27 May 2026 |
| Parliament | Draft report 19 June 2026; amendments tabled 28 July 2026 | Draft report 19 June 2026; amendments tabled 20 July 2026 |
| Status | "Awaiting committee decision" | "Awaiting committee decision" |
| Next step | Plenary first reading planned for 23 November 2026 | Plenary first reading planned for 23 November 2026 |
Sources: Parliament procedure files for 2025/0410(COD) and 2025/0409(COD).
Neither file lists a committee vote, trilogue, final adoption or Official Journal publication yet. After the Parliament adopts its position, it will negotiate the final text with the Council in trilogue. Nothing applies until the agreed acts are published in the Official Journal and their application dates arrive. The proposed transitional rules for substances already approved, such as the Council's automatic +5 and +10 year extensions, would only start from then.
For now, renewal applications are still due under the current Article 14 timelines.