Regulation (EU) No 528/2012 is amended as follows:
(1)
in Article 60, paragraph 1, the second subparagraph is replaced by the following:
‘Without prejudice to Article 95(5), second subparagraph, protection periods under this Article which have expired shall not start to run again.’
;
(2)
in Article 95, paragraph 5, the following subparagraphs are added:
‘By way of derogation from the first subparagraph of this paragraph, all data protection periods for active substance/product-type combinations for which a decision on the approval has not been adopted in accordance with Article 89(1), third subparagraph, by 7 June 2018, shall end on 31 December 2030.
Data owners may claim compensation for access to their data for the period from 1 January 2026 to 15 June 2026 from a substance supplier or product supplier having benefitted from the absence of protection and having been included in the list referred to in paragraph 1 of this Article during that period.’.