PRESS RELEASE | ECCA Warns Current Food and Feed Safety Simplification Omnibus Needs Targeted Amendments to Deliver on EU-Wide Data Protection

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Post-patent plant protection industry group welcomes the European Commission’s proposal to synchronise data protection periods across the EU, but warns that targeted amendments are needed to avoid unintended extensions of protection, legal uncertainty and unnecessary costs.

BRUSSELS, BELGIUM – 26 MAY 2026 – The European Crop Care Association (ECCA), representing the post-patent plant protection industry in Europe, has urged EU policymakers to introduce targeted amendments to the Food and Feed Safety Simplification Omnibus proposal to ensure that the revised data protection framework under Regulation (EC) No 1107/2009 delivers legal certainty, fair competition and improved product availability across the European Union.

ECCA broadly supports the spirit and objectives of the Omnibus proposal. In particular, the association welcomes the European Commission’s proposal to introduce EU-wide synchronisation of data protection periods as a critical step towards a more coherent and predictable regulatory framework.

However, ECCA warns that, without targeted amendments, the revised system may fail to fully address existing legal uncertainty and could unintentionally allow data protection to last significantly longer in practice than intended by the legislator.

“The Omnibus proposal is an important and welcome opportunity to modernise the data protection framework for plant protection products,” said Paolo Marchesini, General Manager of ECCA. “However, to fully deliver its intended benefits, the final text must include clear and objective legal triggers, safeguards against unintended extensions of protection, and workable EU-level implementation tools.”

Key regulatory issues to be addressed

Under the current fragmented data protection regime, post-patent companies face legal uncertainty, administrative burden and distortions in the internal market. ECCA estimates that unclear or artificially prolonged data protection leads to approximately €14.8 million per year in unnecessary expenditure for its members alone.

A priority concern is the risk that active substance renewal data could benefit from de facto protection of up to 10 years, instead of the intended 30 months, when such data is first relied upon in new product authorisations. ECCA refers to this unintended effect as the “10-year trick”.

If not addressed, this could undermine the very objective of EU-wide harmonisation by delaying competition, increasing costs, and reducing legal predictability across the EU.

“Data protection must reflect the legislator’s intent, not the timing of downstream administrative procedures,” added Marchesini. “If renewal data are protected for substantially longer than intended, the system risks delaying market entry for post-patent products and weakening the effective functioning of the internal market.”

A targeted correction within reach

ECCA underlines that the issue can be addressed within the current legislative process without changing the overall direction of the Commission proposal.

In particular, ECCA calls for:

explicit safeguards in Article 59 to ensure that downstream reliance on active substance renewal data does not generate extended protection beyond the legislator’s intent;
a clear and objective EU-level starting point for data protection periods, linked to the date of adoption of the EU decision on the active substance;
clarification that provisional authorisations trigger the start of data protection periods, through a targeted clarification of Article 30 and its link with Article 59(6);
the development of a centralised EU database to ensure consistency, reduce administrative burden, and make the system workable in practice for both authorities and applicants.

A harmonised and transparent EU-wide system would reduce unnecessary costs, improve legal certainty, support fair competition and help enhance product availability across the EU, while preserving the legitimate protection of investments in regulatory data.

“ECCA supports the Commission’s objective of simplification and harmonisation,” concluded Marchesini. “With targeted amendments, primarily to Articles 30 and 59, the Omnibus proposal can become a real step forward for legal certainty, fair competition and the availability of plant protection solutions for European agriculture.”