Introduction

On 16 December 2025, the European Commission (“Commission”) published its Proposal for a Regulation on establishing a framework of measures for strengthening the Union’s biotechnology and biomanufacturing sectors particularly in the area of health (“Biotech Act”) (see here).  The Proposal follows a public consultation held between August 2025 and November 2025 (see here) and forms part of the Commission’s broader life sciences strategy for the 2024-2029 mandate (see here).

Health biotechnology accounts for most of the sector’s value and employment in Europe and is playing an increasingly central role in the development of innovative medicines, including advanced therapy medicinal products (“ATMPs”), personalised therapies, and biological medicinal products.  These technologies have also contributed to recent medical breakthroughs, including CAR-T cell therapies and the expanding use of mRNA therapies.

As noted in the Proposal’s Explanatory Memorandum, the EU has a strong scientific research base with established expertise in specific areas of biotechnology, such as biosimilars.  However, it has faced challenges in turning early-stage research into large-scale development, manufacturing, and commercialisation of innovative health biotechnology products within the EU.  In practice, this has led companies to seek investments, carry out late-stage development, locate manufacturing, or place products outside the EU.

The Biotech Act aims to address these gaps by improving access to funding, rewarding key innovations, simplifying and accelerating regulatory pathways, simulating alternative approaches through regulatory sandboxes, and strengthening industrial and manufacturing capacity, while maintaining high standards for the protection of human health, animal health, patients and consumers, the environment, ethics, quality, food and feed safety, and biosecurity.

What this means for industry

Below, we highlight some of the main regulatory developments in the Proposal that are particularly relevant for life sciences companies.  We will provide further detail on specific aspects of the Biotech Act in future blogs.

  • SPC extension for best-in-class biotechnology medicines developed in the EU.  Medicinal products developed through biotechnology processes (as defined in Annex I to the new Medicines Regulation) or ATMPs may qualify for a 12-month SPC extension.  The eligibility is strict and requires (i) a new active substance “distinctly different” from that of any authorised medicinal product; (ii) a “distinctly different” mechanism of action with safety and efficacy at least equivalent to authorised medicinal products for the same disease; (iii) clinical trials evaluating the efficacy and supporting the marketing authorisation (“MA”) conducted in more than two Member States; and (iv) at least one manufacturing step – excluding packaging, testing, and certification – performed within the EU.
  • Boosting competitiveness in biosimilars.  To accelerate biosimilar development, the EMA will develop and update guidelines on a tailored regulatory approach for the development of biosimilars, which will consider “reduction of the clinical data required for the development and approval of biosimilars”.  The Biotech Act also includes measures supporting strategic health biotechnology projects focused on biosimilar R&D, manufacturing, and authorisation.
  • Regulatory tools for novel health biotechnology products.  The Biotech Act establishes the EU Health Biotechnology Support Network to help developers – especially SMEs, start-ups and scale-ups – navigate regulatory pathways.  It also establishes a Foresight Panel for Emerging Health Innovation that will provide the Commission, the EMA, the Union-level advisory bodies or national competent authorities with regulatory scientific and technical expertise on emerging science and technology.
  • Regulatory sandboxes for novel health biotechnology products.  The Biotech Act creates a dedicated regulatory sandbox for products that cannot be appropriately accommodated by the regulatory sandboxes available under other legal frameworks (e.g., under the MDR or the new Medicines Regulation) and for whose development it is challenging to identify a suitable regulatory procedure.
  • Simplification and acceleration of clinical trials.  For multinational trials, authorisation timelines will be shortened from 106 days to 75 days, including validation and ethical review. When there is no request for information to the sponsor, timelines for initial clinical trial authorisations will be reduced from 75 days to 47 days from submission to decision. The additional 50 days for assessing applications for trials involving ATMPs will be eliminated. The assessment period for substantial modifications will be reduced from 96 days to 47 days. If there is no request for information to the sponsor, the timelines for the assessment of substantial modifications will be reduced from 64 days to 33 days from submission to decision.

Other key changes include:

  • Accelerated procedures for the authorisation of multinational clinical trials during public health emergencies;
  • Strengthening the role of the reporting Member State;
  • A new category for “minimal-intervention clinical trials”;
  • Parallel submission of substantial modifications;
  • A core dossier for investigational medicinal products;
  • Regulatory sandboxes.
  • Combined clinical trials.  The Biotech Act introduces a single application for combined studies, i.e., studies in which a clinical trial is combined with a performance study of an in vitro diagnostic medical device or with a clinical investigation of a medical device.
  • Clinical trials with ATMPs that consist of or contain GMOs which present no or negligible risks to human health and the environment.  Sponsors of clinical trials with ATMPs consisting of or containing GMOs will not be required to submit an environmental risk assessment if the product belongs to one of the following categories: (a) non-viable or replication deficient viral vector that is used to deliver a genetic sequence of human origin, and the vector does not carry an antimicrobial resistance gene; (b) genetically modified somatic cells, that cannot secrete or produce infectious agents due to the genetic modification; (c) genetically modified bacteria that do not carry an antimicrobial resistance gene; (d) genetic material altered using genome editing techniques (ex vivo or in vivo), provided that it has generally negligible adverse effects on human health and the environment.  For those types of ATMPs, the sponsors are also exempted from complying with the GMO-related requirements regarding the authorisation of manufacturing and import of advanced investigational therapy medicinal products.In addition to the Biotech Act, the Commission published a Proposal for a Directive amending Directive 2001/18/EC and 2010/53/EU as regards the placing on the market of genetically modified micro-organisms and the processing of organs (see here), which, among other changes, introduces a new concept of low-risk genetically modified micro-organisms.
  • Data protection in clinical trials.  The Biotech Act proposes to harmonise the legal basis for the processing of clinical trial data (i.e., legal obligation) and to prevent Member States from diverging from that. In addition, the Biotech Act attempts to settle the allocation of GDPR responsibility between sponsors and investigators (both controllers) in an attempt to resolve this chronic compliance concerns.  Finally, the Biotech Act allows for secondary use of clinical trial data for scientific research purposes without a new or additional GDPR consent.
  • Artificial intelligence. The EMA will publish guidance on using advanced technologies, including AI, in the lifecycle of medicinal product development – preclinical research, clinical development and trials, manufacturing, post-authorisation monitoring and authorisation procedures.  The Biotech Act also aims to create trusted AI testing environments and data-quality accelerators.
  • Health biotechnology strategic projects.  To foster innovation, the Biotech Act introduces health biotechnology strategic projects and high impact biotechnology strategic projects (i.e., projects with a strong systemic and catalytical potential within the EU’s biotechnology ecosystem to accelerate innovation and enhance the translation of research into market application).  These projects will benefit from fast-track permits, coordinated through a single national contact point, and receive administrative, technical, and financial support.
  • Access to funding.  To mobilise private investment, the Biotech Act establishes an EU health biotechnology investment pilot in partnership with the European Investment Bank Group and other implementing partners.
  • Biodefence and biosecurity.  The Biotech Act aims to support high-impact strategic health biotechnology projects contributing to the EU Biothreat Radar for the detection, characterisation, identification, analysis and assessment of biological threats, including novel, unknown and engineered pathogens to ensure pathogen-agnostic cross-border surveillance and early threat detection.  It also aims to support initiatives to strengthen the EU’s biodefence capabilities.
  • Prevention of Biotechnology Misuse.  To safeguard against misuse, the Biotech Act establishes a list of “biotechnology products of concern”, whose placing on the market, introduction and use will only be allowed for a “legitimate need”.   In addition, benchtop nucleic acid synthesis devices made available in the EU must contain a built-in screening mechanism to detect “sequences of concern”, as defined by the Biotech Act.

This blog is based on the wording of the EU’s proposal published on 16 December 2025.  This wording could significantly change during the legislative process.  Our Brussels, Dublin, Frankfurt and London teams will continue to monitor this legislation.

 

Photo of Spiros Drosos Spiros Drosos

Spiros Drosos is a seasoned life sciences regulatory lawyer with deep expertise in EU pharmaceutical law and litigation. He draws on extensive experience as the former Head of Litigation at the European Medicines Agency (EMA)—where he led the Agency’s representation before the Court…

Spiros Drosos is a seasoned life sciences regulatory lawyer with deep expertise in EU pharmaceutical law and litigation. He draws on extensive experience as the former Head of Litigation at the European Medicines Agency (EMA)—where he led the Agency’s representation before the Court of Justice of the European Union (CJEU)—to advise and represent clients in the pharmaceutical, biotechnology, and medical device sectors in regulatory strategy, compliance matters, and litigation, leveraging his insider perspective to provide strategic, practical solutions.

Over his ten-year tenure at EMA, Spiros oversaw legal support to all of its Scientific Committees, advising on complex regulatory and procedural issues. Notably, he served as the exclusive legal advisor to the Committee for Orphan Medicinal Products, guiding its assessments through the legal framework governing orphan designation, incentives, and market exclusivity.

His regulatory counsel is informed by litigation considerations. Spiros has been involved in more than 30 proceedings before the CJEU, including landmark cases concerning data exclusivity, the granting and withdrawal of approvals, orphan drug designation, pharmacovigilance, clinical trial transparency and access to documents, and the procedural rights of regulated companies.

In addition, Spiros contributed to the development of EU pharmaceutical law and policy, providing input on key legislative initiatives and regulatory reforms.

He now applies his combined regulatory, litigation, and policy experience to help life sciences clients navigate the entire lifecycle of medicinal products and medical devices—from early-stage clinical development and marketing authorization to post-approval compliance, safety monitoring, and enforcement.

Photo of Anna Wawrzyniak Anna Wawrzyniak

Anna Wawrzyniak is a scientific and regulatory special counsel in the Life Sciences team. With a Ph.D. in biomedical sciences, Anna provides detailed scientific and regulatory advice to the firm’s pharmaceutical, food and feed clients. She draws on her technical and regulatory expertise…

Anna Wawrzyniak is a scientific and regulatory special counsel in the Life Sciences team. With a Ph.D. in biomedical sciences, Anna provides detailed scientific and regulatory advice to the firm’s pharmaceutical, food and feed clients. She draws on her technical and regulatory expertise to help clients in strategic planning and in navigating regulatory proceedings, especially in areas where a deep understanding of the underlying science is important. In particular, she advises pharmaceutical clients on regulatory issues relating to product classification, biologics, advanced therapies, orphans, paediatrics, market and data exclusivities.

Anna has deep expertise in the following areas:

The development and approval of medicinal products;
Strategies for obtaining and maintaining regulatory exclusivities, including orphan market exclusivities, regulatory data exclusivities (new active substance status) and paediatric incentives;
Support to high stake litigation on regulatory aspects;
PRIME, accelerated approvals, conditional and exceptional marketing authorisations;
Advanced therapies, biologic and substances of human origin;
Borderline classification;
Regulatory due diligence;
Novel foods and food supplements; and
Feed.

Photo of Valeria Sturla Valeria Sturla

Valeria Sturla is an associate in the Life Sciences team. She advises clients across a wide range of regulatory and compliance issues in the pharmaceutical, food, and cosmetics sectors, and her practice focuses on EU, French and Belgian regulatory advice. Valeria has also…

Valeria Sturla is an associate in the Life Sciences team. She advises clients across a wide range of regulatory and compliance issues in the pharmaceutical, food, and cosmetics sectors, and her practice focuses on EU, French and Belgian regulatory advice. Valeria has also assisted in several litigations before the Court of Justice of the European Union, including as part of pro bono efforts. She is a native Italian speaker and fluent in English and French.

Photo of Kristof Van Quathem Kristof Van Quathem

Kristof Van Quathem advises clients on information technology matters and policy, with a focus on data protection, cybercrime and various EU data-related initiatives, such as the Data Act, the AI Act and EHDS.

Kristof has been specializing in this area for over twenty…

Kristof Van Quathem advises clients on information technology matters and policy, with a focus on data protection, cybercrime and various EU data-related initiatives, such as the Data Act, the AI Act and EHDS.

Kristof has been specializing in this area for over twenty years and developed particular experience in the life science and information technology sectors. He counsels clients on government affairs strategies concerning EU lawmaking and their compliance with applicable regulatory frameworks, and has represented clients in non-contentious and contentious matters before data protection authorities, national courts and the Court of the Justice of the EU.

Kristof is admitted to practice in Belgium.

Photo of Peter Bogaert Peter Bogaert

Peter Bogaert has a broad European life sciences practice. He has detailed regulatory expertise under EU and national laws, handles legislative and other policy assignments and provides strategic advice. He also represents life sciences companies before the EU Courts in Luxembourg and in…

Peter Bogaert has a broad European life sciences practice. He has detailed regulatory expertise under EU and national laws, handles legislative and other policy assignments and provides strategic advice. He also represents life sciences companies before the EU Courts in Luxembourg and in local litigation in Belgium. Peter’s practice covers pharmaceuticals, biotechnology, medical devices, special foods and feed, cosmetics and other consumer products and he represents numerous innovative life sciences companies, including start-ups, as well as several industry associations.

Chambers Global notes that a client said: “He is an extremely experienced professional with broad expertise and provides sensible and well-balanced solutions.” He is consistently ranked by PLC as one of the leading life sciences lawyers globally and Legal 500 EMEA and Chambers Europe note Peter’s prominent regulatory pharmaceutical and environmental practice. Legal 500 EME noted that he is “a superb lawyer who is very pleasant to work with.” Peter regularly writes and speaks on life sciences issues. He is a founding member of the Brussels Pharma Law Group and also served for fifteen years as Managing Partner of the firm’s Brussels office.

Photo of Grant Castle Grant Castle

Grant Castle is a partner in London, Brussels, and Dublin practicing in the areas of EU, UK, and Irish life sciences regulatory law. He supports innovative pharmaceutical, biotech, medical device and diagnostics manufacturers on regulatory, compliance, legislative, policy, market access and public law…

Grant Castle is a partner in London, Brussels, and Dublin practicing in the areas of EU, UK, and Irish life sciences regulatory law. He supports innovative pharmaceutical, biotech, medical device and diagnostics manufacturers on regulatory, compliance, legislative, policy, market access and public law litigation matters in the EU, UK, and Irish Courts.

He is one of the Co-chairs of Covington’s Life Sciences Industry Group and is Head of Covington’s European Life Sciences Regulatory Practice.

Grant regularly advises on:

EU and UK regulatory pathways to market for pharmaceuticals and medical devices, including in vitro diagnostics and on associated product life cycle management;
Pharmaceutical GxPs, including those governing pharmacovigilance, manufacturing, the supply chain and both clinical and non-clinical research;
Medical device CE and UKCA marking, quality systems, device vigilance and rules governing clinical investigations and performance evaluations of medical devices and in vitro diagnostics;
Advertising and promotion of both pharmaceuticals and medical devices; and
Pricing, reimbursement and market access for both pharmaceuticals and medical devices.

Grant also handles procedural matters before EU, UK and Irish regulators and UK and Irish market access bodies, where necessary bringing judicial reviews for his life sciences clients before the EU, UK and Irish Courts.

Chambers UK has ranked Grant in Band 1 for Life Sciences Regulatory for the last 21 years. He is recognized by Chambers UK, Life Sciences as “excellent,” “a knowledgeable lawyer with a strong presence in the industry,” who provides “absolutely first-rate regulatory advice,” according to sources, who also describe him as “one of the key players in that area,” whilst Chambers Global sources report that “he worked in the sector for many years, and has a thorough understanding of how the industry ticks.” He is praised by clients for his “absolutely first-rate” European regulatory practice. Legal 500 UK notes that he is “highly competent in understanding legal and technical biological issues.”

Photo of Bart Van Vooren Bart Van Vooren

Bart Van Vooren, partner leads a dynamic practice at the intersection of EU regulatory law, global health, and biodiversity law. In these fields, he advises innovative pharmaceutical, food, cosmetic and technology companies on complex EU and global regulatory, compliance and policy assignments.

Bart…

Bart Van Vooren, partner leads a dynamic practice at the intersection of EU regulatory law, global health, and biodiversity law. In these fields, he advises innovative pharmaceutical, food, cosmetic and technology companies on complex EU and global regulatory, compliance and policy assignments.

Bart holds a Ph.D. in EU and International Law and was a professor of EU law until 2013. During that time, he wrote the first-ever handbook with Cambridge University Press on “EU External Relations Law” (2014). He then transitioned to private practice, and frequently acted for the Belgian government before the EU Court of Justice (e.g. C-16/16P Belgium vs Commission). Bart joined Covington in 2016, leading some of our most consequential EU litigation proceedings (e.g. C-311/18 “Schrems II”) over the years.  Having handled nearly 50 cases before the EU Court, he’s uniquely qualified to support our corporate clients in our most high-stakes disputes. Recent examples include T-189/21 Aloe Vera of Europe v Commission (which we won, so the Commission decided to appeal); as well as T-201/21 Covington & Burling and Van Vooren v Commission (which we also won, and hence is also on appeal).

As a pioneer in biodiversity law, over the past 15 years Bart has built a unique, global practice on Access and Benefit-Sharing (ABS) laws under the Convention on Biological Diversity, the Nagoya Protocol, the Plant Treaty, the High Seas Treaty and the WHO Pandemic Agreement. ABS compliance is critical when sourcing biological materials for life sciences R&D and I work with many of the world’s innovative life sciences companies on the whole range of e.g. transactional, contractual, compliance, IP, (EU) regulatory and litigation work relating to ABS. As biodiversity has increasingly become identified as a major commercial and financial risk to companies, so has the practice expanded to e.g. biodiversity credit markets, biodiversity insurance, biodiversity claims and advertising, and so on. Since April 2025, Bart has been appointed as the industry representative to the Steering Committee of the UN Biodiversity Fund that seeks funding from the private sector for biodiversity conservation and restoration.

Bart also pioneered our global health practice. He has advised pharmaceutical clients on seasonal and pandemic influenza since 2016. Since then, this practice area expanded to cover all matters relating to infectious diseases, and as of 2020, emergency preparedness and response (eg. WHO prequalification, International Coordination Group negotiations, Emergency Use Listing, International Health Regulations Rev 2024). He has been the pharmaceutical industry’s lead lawyer advising on the WHO Pandemic Treaty negotiations, adopted on 14 May 2025. Currently, he continues to advise on the work of the Intergovernmental Working Group (“IGWG”) teasing out the technical details of the “Pathogen Access and Benefit-Sharing System” intended to create legally binding obligations on companies to commit vaccines, therapeutics and diagnostics in case of a new global health emergency.

In Chambers rankings, clients have kindly described Bart as “very knowledgeable, action-focused and service-focused lawyer”, adding that he “really tries to find a way of working through challenges”, am “customer-oriented” and provide “sound advice and reasonable options for our business with pros and cons.”

Finally, Bart has an active pro bono practice assisting NGOs defending the human rights of persons with a disability through strategic litigation before the EU Court.

Photo of Marie Doyle-Rossi Marie Doyle-Rossi

Marie Doyle-Rossi is an Irish and UK qualified lawyer with a Ph.D. in biology. Her practice focuses on life sciences regulatory, commercial and administrative law matters. She has specialized experience in GxP matters and navigating the regulation of complex technologies, including advanced therapeutics…

Marie Doyle-Rossi is an Irish and UK qualified lawyer with a Ph.D. in biology. Her practice focuses on life sciences regulatory, commercial and administrative law matters. She has specialized experience in GxP matters and navigating the regulation of complex technologies, including advanced therapeutics, biologics, combination products, digital health and personalized medicine.

Marie provides strategic, policy and regulatory advice on biologics, orphans, human tissue and cells, market and data exclusivity, clinical trials, pricing and reimbursement, product life-cycle management, data privacy and compliance issues.

She has developed considerable expertise in GxP, including adverse event reporting, quality systems and manufacturing, supply chains and recalls. She regularly counsels clients on “Brexit” related issues from both a UK, EU and Irish perspective.

Marie also advises on, and performs regulatory due diligence for, corporate/commercial transactions including acquisitions, public offerings and clinical trial agreements.

She is associate co-chair of Covington’s Food, Drug, and Device Rapid Response team during the COVID-19 pandemic.

Photo of Inga-Marlene Pietsch Inga-Marlene Pietsch

Inga-Marlene Pietsch is an intellectual property lawyer in Covington’s Life Sciences Transactions team assisting clients in protecting and enforcing their most valuable assets.  She works closely with other teams across the firm in particular the Corporate and Regulatory teams.

Inga has an extensive…

Inga-Marlene Pietsch is an intellectual property lawyer in Covington’s Life Sciences Transactions team assisting clients in protecting and enforcing their most valuable assets.  She works closely with other teams across the firm in particular the Corporate and Regulatory teams.

Inga has an extensive contentious and non-contentious IP practice advising companies from the Life Sciences and Technology sectors on complex IP issues with a particular focus on patents. Her previous experience in patent litigation gives Inga a unique perspective on IP issues that arise.

Inga’s clients include start-up companies as well as large corporations advising throughout the company life cycle.

Inga regularly advises clients on:

IP aspects in transactions
IP strategy and landscaping
Third party IP risk assessments
IP ownership and entitlement
IP validity assessments
Cross-border IP issues
Supplementary Protection Certificates

Inga also advises clients on managing and protecting their trade secrets and confidential information, assisting clients in auditing and identifying their trade secrets and putting procedures and processes in place to establish good trade secrets and confidential information handling practices.

Prior to her legal career Inga completed a Ph.D. in Organic Chemistry and worked for a custom synthesis start-up company.

Photo of Roderick Dirkzwager Roderick Dirkzwager

Roderick Dirkzwager advises clients in the life sciences sector on a broad range of regulatory, transactional and intellectual property matters relating to the discovery, development and commercialization of their products.

Roderick is a member of Covington’s Diversity and Inclusion Committee and is a…

Roderick Dirkzwager advises clients in the life sciences sector on a broad range of regulatory, transactional and intellectual property matters relating to the discovery, development and commercialization of their products.

Roderick is a member of Covington’s Diversity and Inclusion Committee and is a co-lead of the LGBT+ Affinity Group in London.

With a broad life sciences practice, Roderick regularly advises on:

EU, Irish, and UK regulatory issues relating to pharmaceutical products and medical devices;
commercial agreements that span the product life-cycle in the life sciences sector, including collaborations and other strategic agreements, clinical trial agreements, distribution arrangements and manufacturing and supply contracts;
regulatory and commercial due diligence for life sciences transactions; and
intellectual property issues arising in corporate transactions and IP-related contracts.

Roderick is also a member of Covington’s Life Sciences in Africa team and advises clients on regulatory and commercial strategies for the supply of medical products across Africa, including through international recognition procedures such as WHO pre-qualification. Prior to joining the firm, Roderick completed his Ph.D. in Biochemistry, focusing on the development of novel, low-cost malaria diagnostic technologies using DNA aptamers.

Photo of Dan Spivey Dan Spivey

Dan Spivey is an associate in the Life Sciences Regulatory team. Dan advises clients in the pharmaceutical, healthcare, medical device, and food and beverage sectors on a range of regulatory matters.