MS, Deputy First Minister and Cabinet
Secretary for Climate Change and Rural Affairs: Members of the
Senedd will wish to be aware that we are giving consent to the
Secretary of State exercising a subordinate legislation-making
power in a devolved area in relation to Wales.
Agreement was sought by the Minister for Social
Security and Disability, Sir , to make the Biocidal
Products (Data Protection Periods) (Amendment) Regulations 2025
(‘the Regulations'). The Regulations apply to Wales, England and
Scotland.
The Regulations amend article 95(5) of Regulation (EU) No
528/2012 of the European Parliament and of the Council concerning
the making available on the market and use of biocidal products
(“the Great Britain Biocidal Products Regulation” or “GB
BPR”). They extend the date set out in article 95(5) of the
GB BPR on which data protection ends for those active
substance/product-type combinations listed in Annex 2 to
Regulation (EU) No 1062/2014 where no decision has yet been
reached. The date is extended for five years from 31 December
2025 to 31 December 2030.
The Regulations also make amendments to paragraphs 3 and 5 of
article 95 to update references to Regulation (EC) No 1451/2007
to Regulation (EU) No 1062/2014, which superseded it.
By virtue of article 95(5) of GB BPR, the data protection period
for approximately 300 active substance/product type combinations
included in the GB Review Programme of existing active
substances, but on which an approval decision has not yet been
reached, will end on 31 December 2025. This would mean that those
active substances which are yet to be reviewed would receive no
data protection after that time.
As a result, active substance manufacturers or those supporting
their approval would no longer be able to charge other companies
to use their data after 31 December 2025, preventing them from
recovering the costs of commissioning the data. Although the
consequences of not amending article 95(5) are difficult to
predict, there is a significant risk it would lead to companies
withdrawing their active substances from the GB market because
they are no longer financially viable. This would have knock on
impacts on the pest control, transportation and water treatment
sectors and could increase public health and safety risks.
Article 60 of GB BPR provides that where data has been protected
under GB BPR, once that protection has expired the data cannot be
protected again. To avoid data protection ending for active
substances in scope, the period in article 95(5) of GB BPR is
being extended by five years to 31 December 2030.
In accordance with the GB BPR, the Secretary of State
sought Welsh and Scottish Ministers consent to the
Regulations.
Although the Welsh Government's general principle is that laws
relating to devolved matters should be made in Wales, in
this instance it is considered appropriate for the Secretary of
State to legislate on a GB-wide basis, given that Welsh Ministers
do not have the powers to make the Regulations and a GB-wide
approach ensures timely implementation and policy continuity.
The Regulations are subject to the negative procedure and were
laid before the UK Parliament on 26 November 2025. There is no
policy divergence between the Welsh and UK Government in this
matter and the Regulations amend legislation that was not made
bilingually. The Regulations neither impact on the
legislative competence of the Senedd nor the executive competence
of the Welsh Ministers.
The Regulations and accompanying Explanatory Memorandum, setting
out the detail of the provenance, purpose and effect of the
amendments is available here:
The Biocidal Products
(Data Protection Periods) (Amendment) Regulations 2025
The Biocidal Products
(Data Protection Periods) (Amendment) Regulations 2025 -
Explanatory Memorandum
