On Monday 11 May, the EU Council gave the final green light to new rules on biocides, which extend certain data protection periods. The new regulation forms part of the simplification package (‘Omnibus X’) on food safety.
Biocidal products are used to protect humans, animals, materials or articles against harmful organisms like pests or bacteria, by the action of the active substances contained in the biocidal product (see EUROPE 13821/13).
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 Commission had proposed to align the data protection period with the duration of the extended review programme, i.e. until 31 December 2030. This extension aims to balance stakeholder interests and ensure regulatory fairness, pending a full evaluation of the regulation in 2026-2027.
To ensure that the period during which data is unprotected remains as short as possible, the co-legislators have treated the proposal with the utmost priority and, with this in mind, supported the Commission’s proposal.
The legislative act will be published in the Official Journal of the EU in the coming days and will enter into force on the 20th day following that of its publication.
Link to text: https://aeur.eu/f/lv3 (Original version in French by Lionel Changeur)