Regulation (EU) 2026/1165 entered into force on 15 June 2026, introducing an important amendment to the Biocidal Products Regulation (EU) No 528/2012.

The Regulation extends certain data protection periods for active substance/product-type combinations that remain under assessment in the EU Review Programme. This change is intended to address delays in the review of existing active substances and to ensure that data owners are not disadvantaged where approval decisions have taken longer than originally anticipated.

Under the amendment, data protection for active substance/product-type combinations for which no approval decision had been adopted by 7 June 2018 will now continue until 31 December 2030.

Why does this matter?

The previous data protection period had expired on 31 December 2025, creating a temporary gap between 1 January 2026 and 15 June 2026 during which certain data was no longer protected.

Regulation (EU) 2026/1165 closes this gap by aligning the data protection period with the extended Review Programme deadline of 31 December 2030.

The Regulation also introduces a specific compensation mechanism. Data owners may seek compensation from substance or product suppliers that benefited from the absence of data protection during the period from 1 January 2026 to 15 June 2026, provided those suppliers were included on the Article 95 list during that period.

Key points for industry

  • Certain BPR data protection periods are now extended until 31 December 2030.
  • The extension applies to active substance/product-type combinations where no approval decision had been adopted by 7 June 2018.
  • Data owners may be able to claim compensation for the temporary unprotected period from 1 January to 15 June 2026.
  • Companies listed under Article 95 during this period should consider whether they may be affected.
  • Some practical uncertainty remains around how compensation claims will be managed in practice, including the identification of relevant beneficiaries and the duration of new Article 95 entries.

This is a significant development for companies involved in active substance support, Article 95 compliance and biocidal product authorisation strategies.