Omnibus X extends Biocidal Products Regulation (BPR) data protection to 2030
On 11 May 2026, the Council of the European Union adopted a targeted amendment to the Biocidal Products Regulation (BPR) under the ‘Omnibus X’ simplification package, extending certain data protection periods for active substances under the EU biocides review programme.
The Regulation amends Regulation (EU) No 528/2012, including changes to Article 60 and Article 95(5), to address a growing misalignment between data protection rules and the delayed review programme. Due to those delays, protection for many existing active substance and product-type combinations had expired on 31 December 2025, despite evaluations continuing.
Under the new rules, data relating to active substance/product-type combinations still under review as of 7 June 2018 will remain protected until 31 December 2030, aligning protection with the revised timeline for completion of the review programme.
The Regulation also addresses the interim period from 1 January 2026 until its entry into force, during which the data had temporarily lost protection. It provides that data owners may seek compensation from companies that relied on those data during that gap, effectively mitigating the risk of ‘free‑riding’ in that period.
The measure forms part of the EU’s wider simplification agenda and is intended to restore regulatory fairness for data owners while maintaining competition and high levels of protection for human health and the environment.
The legislative act is expected to be published in the Official Journal shortly and will enter into force 20 days after publication.
The changes reinforce the importance of data access, cost-sharing, and Article 95 positioning strategies for companies operating in the biocides sector, particularly where market access depends on review‑programme substances.
Further information: Amending Regulation at https://data.consilium.europa.eu/doc/document/PE-20-2026-INIT/en/pdf