An important amendment to the Biocidal Products Regulation (BPR) has now come into force, extending the data protection “longstop” date.
The longstop date for certain protected data relating to existing active substances under review has now been extended from 31 December 2025 to 31 December 2030. The amendment was adopted at both UK and EU level to address ongoing delays in the review programme for existing active substances.
For active substance/product-type combinations still undergoing review, Article 95(5) included a fixed “longstop” date after which protection would expire regardless of the normal protection period. That date had been set at 31 December 2025. The amended legislation extends the longstop date to 31 December 2030, preserving data protection for active substances that remain in the review programme and for which approval decisions have not yet been finalised.
In the EU, Regulation (EU) 2026/1165 entered into force on 15 June 2026, extending the protection period and introducing provisions allowing data owners to seek compensation for access to data used during the temporary gap in protection between 1 January 2026 and the Regulation’s entry into force.
For data owners, the extension provides greater certainty and preserves the ability to recover potential costs. Without the extension, some companies risked losing data protection before review decisions were completed.
With the longstop now extended, companies have greater regulatory certainty, but data sharing and access negotiations will remain a critical part of BPR compliance for the foreseeable future.
For assistance with the regulation of biocides in the EU and the UK, the Kerona Regulatory team can be contacted at info@kerona.ie