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Great Britain extends biocide data protection to 2030

Great Britain has moved to extend data protection on biocidal dossiers tied to Article 95. A statutory instrument on legislation.gov.uk sets a new end date of 31 December 2030 for active substance/product‑type cases listed in Annex II to Regulation (EU) 1062/2014 where no approval decision has yet been issued by the Secretary of State or, before 31 December 2020, by the European Commission. The Regulations were made on 24 November 2025, laid on 25 November, and will come into force on 30 December 2025.

The change is twofold. First, it replaces an outdated cross‑reference in Article 95 from Regulation (EC) 1451/2007 to Regulation (EU) 1062/2014, the current review‑programme framework. Second, it extends the previous cut‑off of 31 December 2025 by five years for the still‑pending Annex II substance/product‑type combinations. The instrument is signed by Minister of State Stephen Timms.

In plain terms, data protection under the GB Biocidal Products Regulation typically runs for 10–15 years for new approvals and 10 years for existing substances, with five years for renewals. The new rule creates a specific derogation for review‑programme cases that have not yet reached a decision, giving them a single protection end date of 31 December 2030.

There is a logic to the timing. The European Chemicals Agency notes the EU review programme for existing biocidal active substances is foreseen to complete by 31 December 2030. Great Britain’s new backstop aligns GB’s handling of those Annex II cases with that programme’s expected finish line.

Article 95 remains the gatekeeper for market access. HSE guidance is clear that only suppliers on the GB Article 95 list can place relevant active substances and biocidal products on the market; where an upstream supplier is not listed, a product supplier or UK representative can seek its own listing. With the 2030 date in play, those access rules and the associated letters‑of‑access and cost‑sharing arrangements stay in force for longer on the affected files.

For dossier owners, this is planning headroom. It gives more time to recover data investments across categories from disinfectants and preservatives to pest control where decisions are still pending, and it lowers the risk of unexpected supply pinch points as cases move towards conclusion. New entrants who had pencilled in late‑2025 for cheaper data access may find price competition arrives later than hoped, but continuity should benefit healthcare, local government and food‑processing buyers that rely on stable specifications.

Distributors and professional users should keep an eye on product‑type files nearing a conclusion. Non‑approval outcomes trigger phase‑out periods and run‑down of stock; approvals restart the standard data‑protection clocks from the actual approval date, which can change relabelling and procurement timetables. Either way, the new backstop provides a clearer budgeting horizon for letters of access and compliance.

Scope matters. These Regulations extend to England, Wales and Scotland. Northern Ireland continues to apply the EU Biocidal Products Regulation, with HSE delivering competent authority functions under EU rules; suppliers into NI should continue to follow EU BPR timelines and decisions in parallel.

Key dates are straightforward for planners: made on 24 November 2025, laid on 25 November 2025, in force from 30 December 2025. For the specified pending Annex II cases, data protection now ends on 31 December 2030 unless a GB approval or non‑approval decision arrives sooner.

Government says a full impact assessment was not produced because no significant impact is foreseen. Our read is more nuanced: larger dossier owners gain certainty and a longer runway, while SMEs should revisit cost‑sharing assumptions for 2026–2030 and check whether supplier listings and letters of access are still competitively priced under extended protection.

Next steps for businesses are practical rather than dramatic. Confirm which of your substance/product‑type combinations come from Annex II to 1062/2014 and remain pending, verify your status on the GB Article 95 list, and pencil the 31 December 2030 date into contracts, budgets and relabelling plans. HSE’s Article 95 list and application routes remain the operational gateways.

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