EU law extends biocide data protection amid market fairness debates

EU law extends biocide data protection amid market fairness debates
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EU ministers have adopted new rules extending how long certain biocides data stay protected, the Council of the EU said.

The change extends data protection periods for information generated to support the approval of “active substances” used in biocidal products, which include items designed to control harmful organisms such as pests or bacteria, the Council of the EU announced on Monday.

The Council said the decision is part of the EU’s “Omnibus X” package under a wider simplification agenda that it said is intended to reduce administrative burdens while keeping existing requirements on food and feed safety, health and environmental protection.

The existing protection period for relevant data was due to expire on 31 December 2025 because of delays in reviewing active substances already on the market.

Under the new law, the protection period will be aligned with the extended review programme until 31 December 2030.

Review delays and the new timetable

The European Commission proposed the change to ensure data owners are fairly compensated while the review of existing active substances continues, the Council said.

A full evaluation of the EU’s biocides rules is due in 2026 – 2027.

Marilena Raouna, Cyprus’s deputy minister for European affairs, said extending the data protection periods would ensure fair treatment for companies and safeguard competition in the EU’s internal market, in view of the upcoming evaluation.

The Council said the law will be published in the Official Journal of the EU in the coming days and will enter into force 20 days after publication.


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