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The Commission act of 9 June 2026 — CELEX 32026R1206 — was published in the OJ on 10 June 2026 (OJ L, 2026/1206) and entered into force on the twentieth day following publication: 30 June 2026 (Article 2; national cross-check e.g. Irish S.I. No. 283/2026). Article 1 replaces entirely Annexes I and II of Regulation (EU) 2019/1793. Legal bases: Article 53(1)(b)(ii) of Reg. 178/2002 and Article 47(2)(b) plus Article 54(4)(a)–(b) of Reg. 2017/625.

Scope of the act: commodity×origin lists, check frequencies and special entry conditions in Reg. 2019/1793. It is not a decision on MRLs, novel food or health claims.
Decision map: India, CN ex 1302/ex 2106, botanicals → Annex II ETO 10%
Fig. 1. Importer decision map: when Indian botanical food supplements (CN ex 1302 / ex 2106) fall under Annex II with ETO hazard and 10% frequency — including footnote (28) and what the act does not decide.

1. The Indian entry: food supplements containing botanicals

Annex II, point 1 (India) lists “Food supplements containing botanicals” (Food) under CN codes ex 1302 and ex 2106. Hazard: pesticide residues (footnote 25) — ethylene oxide as the sum of EO and 2-chloroethanol, expressed as EO. Frequency of identity and physical checks: 10%.

Footnote (28) defines the scope: it covers both finished products and raw materials, except guar gum, containing any botanicals intended for the production of food supplements declared under those CN codes. The act does not publish a “herb list” — it sets a product filter: botanicals in FS / raw material under those CN codes.

Primary source: Annex text of 2026/1206 (CELEX 32026R1206; ELI eli/reg_impl/2026/1206/oj). Language versions: PL, DE.

2. Annex I vs Annex II — doctrinal spine

Recital (1) of 2026/1206 restates the architecture of Reg. 2019/1793:

  • Annex I — temporary increase of official controls at entry into the Union (identity and physical checks at BCPs / control points). The listing alone does not create a pre-export certificate regime.
  • Annex II — special conditions for entry due to contamination risk (including mycotoxins, pesticides, microbiology) plus the listed check frequencies.

For Annex II consignments, Article 7 of Reg. 2019/1793 requires entry only under that section’s conditions; Article 10 requires accompanying results of sampling and analyses by the third-country competent authority (for pesticide risk: compliance with Reg. 396/2005); Article 11 requires an official certificate in the Annex IV model (as a rule valid for up to four months from issue, and in any case no longer than six months from the Article 10 results date). Laboratories: ISO/IEC 17025 accreditation.

Recital (9) of 2026/1206 shows the reverse move: India cinnamon was transferred from Annex II to Annex I (20%) because improved compliance meant it was no longer necessary for each consignment to carry an official certificate — while Member States should continue checks at the increased frequency.

Annex I vs Annex II contrast after 2026/1206
Fig. 2. Annex I (temporary increase of checks) vs Annex II (special conditions + Arts 10–11 documents) — with the Indian botanical FS entry as the Annex II example.

3. What 10% ETO means at the BCP

The 10% frequency concerns identity and physical checks at entry. It does not replace the Article 10–11 document duties for every Annex II consignment — those are distinct: (1) special documents with the notification, (2) identity/physical sampling according to the list percentage. Private schemes (ISO 22000, BRC, IFS) do not reduce or suspend that frequency.

ElementIndia — FS containing botanicals
AnnexII (special conditions)
CNex 1302, ex 2106
HazardPesticides — ETO (footnote 25)
ID/physical frequency10%
Scope (footnote 28)Finished + raw materials; except guar gum
DocumentsAnalytical results + official certificate (Arts 10–11)

4. Article 12 refresh — context, not the thesis

Article 12 of Reg. 2019/1793 requires the Commission to review the lists at intervals not exceeding six months (RASFF + Member State control data). 2026/1206 is such a refresh. For orientation only — not as the article’s thesis — the same package inter alia: Argentina groundnuts → Annex I aflatoxins 20%; Syria tahini/halva → Annex I Salmonella 50%; China xanthan gum → Annex II ETO 20%→10%; India Capsicum aflatoxin Annex I entry deleted; India cumin → Annex I pesticides 50%. Related earlier piece on Syrian tahini/halva controls: EU import controls on tahini and halva from Syria — it does not yet cite 2026/1206.

5. What the act does not decide

  • It does not set or amend ethylene oxide MRLs (Reg. 396/2005; for additives — EO use prohibition in Reg. 231/2012, noted in footnote 25).
  • It does not authorise, ban or reclassify botanicals / supplements as novel food (Reg. 2015/2283).
  • It does not unlock health claims (Reg. 1924/2006).
  • It does not replace the general OCR/BCP procedure under Reg. 2017/625 — only the 2019/1793 commodity×origin lists, frequencies and special conditions.
  • It is not a national notification decision (e.g. GIS) for placing a product on a Member State market.

6. Importer / FBO checklist

  1. Map the consignment: origin India? CN ex 1302 / ex 2106? FS or botanical raw material (footnote 28; is it guar gum — exception)?
  2. Confirm the listing is in Annex II (do not confuse with separate India Annex I rows, e.g. cumin 50%).
  3. Plan Arts 10–11: accredited ETO testing (sum EO+2-CE) + official certificate with consignment identification code; certificate validity windows.
  4. Build 10% identity/physical BCP checks into lead time and storage cost planning.
  5. Do not assume BRC/IFS/ISO “covers” the list frequency.
  6. Keep separate tracks for MRL (396/2005), novel food, claims (1924/2006) and national notification — 2026/1206 neither closes nor opens them.

Glossary

Annex I (2019/1793)
Temporary increase of identity and physical checks at entry — no special certificate regime from the listing alone.
Annex II (2019/1793)
Special conditions for entry (including Arts 10–11: analytical results + official certificate) plus check frequencies.
ETO / EO
Ethylene oxide; under footnote 25 — sum of EO and 2-chloroethanol, expressed as EO.
BCP
Border Control Post (Reg. 2017/625).
Article 12
Commission duty to review the Annex lists at least every six months.

Conclusion

After Regulation (EU) 2026/1206, an Indian consignment of food supplements (or raw materials) containing botanicals under CN ex 1302 / ex 2106 — except guar gum — sits in Annex II of Reg. 2019/1793: special entry conditions, Articles 10–11 documents, and ETO checks at 10%. Annex I is a different instrument (frequency increase without a pre-export certificate). The act refreshes lists under Article 12; it does not decide MRLs, novel food or claims. For FBOs the decision starts with filters: origin × CN × botanicals × Annex II — only then the percentage and documents.

B2B educational material, not legal advice. Based on Regulation (EU) 2026/1206 (CELEX 32026R1206) and Reg. 2019/1793; classification of a specific consignment depends on CN, composition, origin and accompanying documents.

Primary sources

  1. Commission Implementing Regulation (EU) 2026/1206 — CELEX 32026R1206; ELI eli/reg_impl/2026/1206/oj; OJ L, 2026/1206, 10.6.2026.
  2. Implementing Regulation (EU) 2019/1793 — Annexes I–II; Articles 7, 10–12.
  3. Regulation (EU) 2017/625 — OCR; Article 47(2)(b), Article 54(4)(a)–(b).
  4. Regulation (EC) No 178/2002 — Article 53(1)(b)(ii).
  5. Irish S.I. No. 283/2026 — national application from 30 June 2026.