The “Regulation (EU) 2026/1165 of the European Parliament and of the Council of 20 May 2026 amending Regulation (EU) No 528/2012 as regards the extension of certain data protection periods” was recently published in the Official Journal and will enter into force on June 15. Due to delays in the review of existing active substances in biocidal products, the protection period for data generated expired on 31 December 2025. To ensure fair compensation for data owners, the data protection period has been aligned with the extended review programme until 31 December 2030.
Regulation (EU) No 528/2012 is amended as follows:
- All data protection periods for active substance/product-type combinations for which a decision on the approval has not been adopted in accordance with Article 89(1), third subparagraph, by 7 June 2018, shall end on 31 December 2030.
- Data owners may claim compensation for access to their data for the period from 1 January 2026 to 15 June 2026 from a substance supplier or product supplier having benefitted from the absence of protection and having been included in the list referred to in paragraph 1 of this Article during that period.