Health

#32026R1165EU extends data protection periods for biocidal active substances

🇪🇺European Union··Other·Medium Impact·View source ↗

AI-generated summary for informational purposes only. Not legal advice. See the original source for the authoritative text.

🇬🇧 English

This regulation extends certain data protection periods under the EU biocidal products framework. It responds to delays in the EU review programme for existing biocidal active substances, where many national authorities have not completed assessments within the expected timelines. The change mainly affects companies that supported active substance reviews, companies seeking to rely on existing data for biocidal product approvals, and regulators handling these files. Businesses in the biocides sector should check whether the extended protection affects access to data, authorisation strategies, costs, or timing for market entry.

AI-generated summary. May contain errors. Refer to official sources for legal decisions.

Key Changes

  • Extends certain data protection periods for existing biocidal active substance and product-type combinations
  • Addresses delays in the EU review programme for existing biocidal active substances
  • Gives review programme participants longer protection for data used in active substance assessments

Obligations

What this law requires

medium

For active substance/product-type combinations for which no approval decision had been adopted under Article 89(1), third subparagraph, of Regulation (EU) No 528/2012 by 7 June 2018, treat all related data protection periods as continuing until 31 December 2030 rather than ending on 31 December 2025.

biocidal active substance suppliersbiocidal product suppliersbiocidal product authorisation applicantsMember State competent authorities
Until 31 December 2030
operational
medium

Do not rely on the general rule that expired data protection periods cannot restart where the special Article 95(5) extension applies to covered biocidal active substance/product-type combinations.

biocidal active substance suppliersbiocidal product suppliersbiocidal product authorisation applicantsMember State competent authorities
operational
medium

Substance suppliers or product suppliers included on the Article 95 list between 1 January 2026 and 15 June 2026 after benefitting from the absence of data protection should be prepared to pay compensation if data owners claim compensation for access to the data during that period.

biocidal active substance suppliersbiocidal product suppliers
For the access period from 1 January 2026 to 15 June 2026
operational

Affected Parties

Biocidal product manufacturers and suppliersCompanies participating in active substance reviews+2 more…

Tags

biocides,chemical regulation,data protection…