Westminster Policy News & Legislative Analysis

GB extends biocides data protection to 31 December 2030

Great Britain has set a new sunset date of 31 December 2030 for data protection attached to certain biocidal active substance/product-type combinations where no approval decision has yet been taken. The change is introduced by The Biocidal Products (Data Protection Periods) (Amendment) Regulations 2025 (SI 2025/1221), made on 24 November, laid on 25 November, and commencing on 30 December 2025.

The instrument amends Article 95 of the GB Biocidal Products Regulation. It replaces paragraph 5 so that, by derogation from Article 60, all data protection periods for combinations listed in Annex II to Regulation (EU) No 1062/2014 will end on 31 December 2030 if no approval decision has yet been issued by the Secretary of State or, before IP completion day, by the European Commission.

The measure also updates Article 95(3) by substituting the outdated cross-reference to Regulation (EC) No 1451/2007 with Regulation (EU) No 1062/2014, the EU review programme for existing active substances. The Regulations extend to England, Wales and Scotland and were made with the consent of the Scottish and Welsh Ministers.

Data protection under the biocides regimes restricts competent authorities from using proprietary studies for the benefit of another applicant unless a letter of access is provided or the protection has expired. HSE guidance outlines how these protections operate and the typical durations under GB BPR.

For data owners, the 2030 fixed date preserves the commercial value of dossiers for five additional years beyond the previously scheduled end of 31 December 2025. Applicants relying on third-party studies should plan for continued data-sharing negotiations and cost-sharing arrangements through to the new end date.

The extension applies only to combinations listed in Annex II to Regulation (EU) No 1062/2014 where no approval decision has yet been issued; combinations that have been approved remain subject to the standard post-approval data protection periods.

Obligations on placing products on the GB market are otherwise unchanged. Companies should continue to source from an Article 95‑listed supplier and maintain evidence of a compliant supply trail for enforcement purposes.

Operationally, the instrument takes effect on 30 December 2025. Compliance teams should confirm the data access position for any pending applications and keep records aligned with HSE expectations on active substance status and supply-chain documentation.

The Department reports no full impact assessment, stating no-or no significant-impact is expected on the private, voluntary or public sectors. This aligns with the narrow scope of the amendment.

The policy intent is to sustain dossier protections during the long-running review of existing active substances referenced in Annex II to Regulation (EU) No 1062/2014, while maintaining GB BPR’s Article 95 supplier rules. Cross-references are corrected to reflect current instruments.