Santoro ESPP slides_Digestate legislation_Verona 9_11_25.pdf

European regulatory framework on the recovery and recycling of nutrients from digestate

1. Innovazione e Circolarità nel trattamento:
Strategie di valorizzazione dei digestati
Verona, 8-9 Ottobre2025
European regulatory framework on the recovery
and recycling of nutrients from digestate
Veronica Santoro
[email protected]
1

2. ESPP members
2

3. 200 –260 milliontonnesof phosphate
rock are minedannually(17 -24 Mt P)
95% of use isin agriculture:
-fertilisers
-animalfeed
See ESPP Phosphorus FactSheet
www.phosphorusplatcorm.eu
Phosphorus in numbers
Context
3

4. •Russiatodayaccounts for
around30% of phosphorus
fertilisersusedin Europe*
•Otherphosphaterock
importersare Lebanon,
Egypt, Algeria, Morocco
“Beyond gas. The risks of fertilizer
dependencefor the EU” and “EU
imports of Russian fertilizer
financing the war”, Fertilizers
Europe website, December2024
Eurostat; 2023 Phosphaterock
imports (agridata.ec.europa.eu)
*Estimate: FertilizersEurope
Nutrients, food production
and food security
4

5. Phosphaterock on the EU Critical Raw
MaterialsList since2014, confirmedin 2023
-non-substitutable
-non-renewable
-geopoliticalresourceconcentration
-EU 90% dependenton imports
CRMs are subject to measures to increase the
resource use efficiency, including the use of
secondary raw materials and the identification of
waste streams with a relevant recovery potential.
Resultsof the 2023 EU criticalityassessmentfrom
European Commission “Study on the Critical Raw
Materialsfor the EU 2023”
Regulation(EU) 2024/1252 https://eur-lex.europa.eu/eli/reg/2024/1252/oj
www.phosphorusplatform.eu/scope123
ESPP is currently collecting data to complete input to the European Commission on
P-recovery potential of waste streams, following public consultation closed on 25
th
July 2025
Nutrients, food production
and food security
5

6. Europe and nutrientcircularity
2019: EU Green Deal, 2030 target for nutrients
-reduce nutrientlossesby at least-50%
whileensuringno deteriorationon soilfertility
-resultingin a reductionin fertiliseruse by
at least-20%
1 = COP15 Kunming-Montreal convention Global BiodiversityFramework; 2 = COM/2020/98
https://environment.ec.europa.eu/strategy/circular-economy-action-plan_en; Infographic: EU-ASEAN
2020: EU CircularEconomy Action Plan
(2)
-
“stimulatingthe markets for recoverednutrients”
2026?: EU CircularEconomy Act announcedby
Ursula von der Leyen (2024)
2022: the United Nations adoptedthe 50%
nutrientlossreductiontarget
(1)
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7. Challenges:
•Safety-Contaminantsin organicrecycling
•Public perception-“Yuck” factor?
•Regulatoryobstacles(e.g. Animal Feed
Regulation, Animal By-Product Regulations…)
Potentialsfor P recycling:
•Cropresidues
•Bio-economy residues(biofuels, biochemicals, …)
•Food, beverage, dairy, abattoirresidues
•Drying/formulating
•Digestate
•Compost
•Pyrolysis
Caldeira, C., De Laurentiis, V., Sala, S., Assessmentof
food wastepreventionactions; Luxembourg
(Luxembourg): Publications Office of the European
Union; 2019; JRC118276; doi:10.2760/9773 7

8. Biogas and digestate: the European perspective
•Current biogas + biomethane production
(Europe): ~ 22 bcm in 2023
•REPowerEU Plan (2022): target for EU
biogas and biomethane production of 35
bcm/year by 2030
•In 2040, the sector could deliver up to 101
bcm of biomethane to the EU covering more
than 80% of EU gas consumption at that
time
•This significant increase in biomethane
production will thus result in a significant
increase in digestate production
bcm = billion cubic metres; 1 PJ (Petajoule) ≈ 278 million kWh
European Biogas Association, EBA Statistical Report 2024 Webinar Launch: https://www.youtube.com/watch?v=1ho9QpmTd8k
Biogas and biomethane
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9. Digestate
(1) European Biogas Association, Exploring digestate’s contribution to healthy soils; (2) Fertilizers Europe data; (3) Gas for Climate (2022); STREAM Consulting (2023); Börjesson et
al., 2016; NUTRIMAN Project (2020)
Total digestate production volumes (Mt of dry matter, DM) and nutrient content (Mt) in 2022, 2030, 2050
(1)
.
Digestate could already displace
(2)
:
•15% Nitrogen-based fertilisers (N demand in EU-27: 11.1 Mt/year)
•11% Phosphorus fertilisers (P demand in EU-27: 2.8 Mt/year)
•6% Potassium fertilisers (K demand in EU-27: 3.1 Mt/year)
Biogas and digestate: the European perspective
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By 2030
(3)
, manure is expected to contribute approximately
30–35% of the EU’s anaerobic digestion feedstock for
biogas/biomethane, supplying high nutrient-value digestate but
also increasing risks of nitrogen (ammonia) emissions and
phosphorus buildup.

10. European Biogas Association, Exploring digestate’s contribution to healthy soils
•Untreated digestate is primarily used locally
•Mostly non-separated digestate: Austria, Denmark, Germany,
Poland, Slovakia, Sweden, and Ukraine
•In Italy (digestate from agricultural feedstocks in 2022: 3 Mt DM),
the integration of anaerobic digestion at composting facilities is
widespread
Biogas and digestate: the European perspective
Currentdigestateuse in Europe
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11. European regulatoryframework
Digestate-based fertilising products can be used
•Under WASTE status (Waste Framework Directive 2008/98/EC)
•full traceability
•publicly available record of use
•producer responsibility
•spreading plan = limits to spreading

•Under PRODUCT status
•no traceability
•spreading limited only by general legislation such as Water Framework
Directive 2000/60/EC
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12. European regulatoryframework
Digestate-based fertilising products can be used
•nationally (under applicable national rules) or
•EU-wide (under the Fertilising Products Regulation EU 2019/1009)
EU Fertiliser certification gives EU-wide end-of-waste status (EoW). Some
national fertiliser regulations give national EoW.
Other policies governing digestate at EU level include
•the Animal By-Products Regulation 1069/2009/EC
•the Water Framework Directive 2000/60/EC
•the Nitrates Directive 91/676/EEC
•the Sewage Sludge Directive 86/278/EEC
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13. Fertilising Products Regulation (EU 2019/1009)
Digestate can be placed on the market as an EU fertilising product if it complies with the rules of the FPR.
The FPR defines different Product Function Categories (PFCs) (fertilisers, soil improvers, growing media, etc.) and
Component Material Categories (CMCs) (allowed input materials).
Digestate appears as one of the CMC categories:
•CMC 4: Fresh crop digestate: only plant-based materials that have not been in contact with animal by-products
•CMC 5: Other digestate (may include manure, food industry by-products, bio-waste, etc., but only if compliant with
Animal By-Products Regulation (Reg. (EC) 1069/2009) and, where relevant, processed according to End-of-Waste
or ABP processing standards).
•Sewage sludge is not permitted as input for digestate intended for EU fertilising products.
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14. Fertilising Products Regulation (EU 2019/1009)
Digestate-based EU fertilising products must comply with:
•Contaminant limits: heavy metals, organic pollutants (e.g. PAHs), pathogens (e.g. Salmonella, E. coli).
•Stability and hygiene: depends on the input and the ABP processing method applied.
•Nutrient declaration rules (if placed on the market as a fertiliser).
Digestate can be marketed under different PFCs depending on how it is used:
• As or in a fertiliser (PFC 1): if primarily supplying nutrients (PFC I.A.I. Solid organic fertiliser, PFC I.A.II. Liquid
organic fertiliser)
• As or in a soil improver (PFC 3): if primarily improving soil properties (PFC 3.A. Organic Soil Improver)
• As or in a growing media (PFC 4): if blended and used as substrate
Fertilising products certified under the FPR receive the end-of-waste status.
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The digestate is a Component Material, meaning it can be used
as “part of” a fertilising product (PFC). The part can be 100%
(subject to meeting the PFC criteria) or as one of several
components.
A key challenge for digestates are the minimum nutrient levels
for both solid and liquid components of digestates, in particular
the liquids tend to be too dilute (so nutrients too low) to be
“liquid” fertiliser. This is logical, as the aim of the FPR is to cover
products sold on the EU market, not used locally, and if nutrient
concentration is very low, then the product is unlikely to be
transported (local use).

15. •Defines requirements for traceability and requirements for storage, transportation, and processing facilities.
•Rules for biogas plants processing ABP: 1 hour at 70°C with particles no larger than 12 mm (national competent
authorities can authorise alternative parameters).
•In order to be included in a CMC under the FPR, animal by-products need to reach an end point as per article 5 of the
ABPR.
Animal By-Products Regulation (EC) 1069/2009 (APBR)
Regulates the handling, processing and disposal of animal by-products and derived products.
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Category 1
Cannot be used in biogas for fertiliser use
- must be incinerated or safely disposed)
Category 2
Intermediate risk
materials, e.g. manure
Category 3
Low risk materials e.g.
catering waste
The end point for digestate as organic fertilisers and soil improvers was only recently provided by the Delegated Regulation (EU)
2023/1605. The end point consists in the digestate being compliant with several requirements of the ABPR (including the standard
transformation parameter).

16. Aims to achieve good status for all EU water bodies
(surface water and groundwater) by preventing
deterioration, reducing pollution and promoting
sustainable water use.
Digestate is not regulated directly under the WFD, but it is highly
relevant due to its potential impacts on water quality, especially
through diffuse pollution.
Although digestate is not explicitly mentioned in the WFD, its
application is controlled through:
•Programme of Measures (PoM) under Article 11 of the WFD
•River Basin Management Plans (RBMPs) – which must include
actions to reduce agricultural pollution
Water Framework Directive (2000/60/EC)
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Otherregulations
EEA, Ecological status of surface waters in Europe
https://www.eea.europa.eu/en/analysis/indicators/ecological-status-of-surface-waters

17. Nitrates directive 91/676/EEC
The Directive aims to reduce water pollution caused or induced by nitratesfrom
agricultural sources and prevent further pollution, especially of groundwater and
surface waters.
•The spreading limit for any fertiliser derived from manure(including digestates if
the input to the digester includes any manure)in Nitrate Vulnerable Zones (NVZs)
is lower than for fertilisers not derived from manure (mineral fertilisers, digestate
NOT having any manure as input, food waste digestate, sewage sludge …)
•It can be used but at lower spreading limit of 170 kg N/ha/year
•This effectively requires labelling if any manure goes in
•At present, this also applies to any product processed from digestate (from
manure), such as scrubbing salts, struvite, chicken litter combustion ash
•The European Commission has proposed to exempt some product from this
Nitrates Directive requirement, subject to various conditions (see ESPP eNews
100)
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18. Sets quality requirements for the sludge and the soil on which
it is to be used by setting upper limits on their heavy metal
content, and requires sludge treatment before application and
consideration of the nutrient needs of the plants.
Many Member States have quality criteria for sewage sludge/sewage
sludge digestate, but waste status is retained.
However, most quality criteria are significantly tighter than the ones posed
by the Sewage Sludge Directive.
Sewage sludge directive
Organic farming
Digestate is authorised for use in organic agriculture under the European Commission Implementing Regulation 2021/1165. Annex II of
this Regulation lists the products or substances authorised for use in organic agriculture and includes “biogas digestates containing animal
by-products co-digested with material of plant or animal origin”. The animal by-products shall not be of “factory farming origin”.
Composted digestate from household biowastes or vegetable matter, vermicompost, and recovered struvite are authorised fertilisers for
organic farming, under certain conditions.
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19. Incentives and support policies
Common Agricultural Policy
Eco-schemes (Pillar I)
Financial incentives to
farmers who engage in
environmentally beneficial
practices:
• Use of digestate as an
alternative to synthetic
fertilisers.
• Optimisation of nutrient
use with digestate
• Carbon sequestration
Rural Development Programs
(Pillar II)
• Agri-environmental schemes (AES)
to encourage adoption of sustainable
farming practices,
• Investment support to purchase
technologies (like injectors or
spreaders)
•Innovation and Knowledge Transfer:
pilot projects and innovation
partnerships to test and promote new
techniques for using digestate efficiently
(e.g. EIP-AGRI)
Carbon Farming &
Climate Action
Digestate use can be aligned
with carbon farming
practices, contributing to the
EU’s goal of carbon
neutrality by 2050.
Incentives could include:
•Carbon credits or
payments
•Participation in carbon
sequestration programs
CAP Strategic Plans
EU member states are
required to outline its
approach to implementing
CAP measures, including
how it will promote the use
of digestate.
States might tailor their
support for digestate use
through:
•National eco-schemes
•Research and advisory
services
Soil Monitoring Law
Promoting the application of circular fertilisers as a
sustainable soil management practice.
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Urban Wastewater Treatment Directive
Stimulating the recovery of nutrients from sewage sludge.

20. 1. Mixed inputs to digesters
This adds legal complexity. If one input is classified as ‘waste’ or ‘manure’ or ‘ABP’ then all the digestate is thus classified,
leading to application of multiple regulations or in some cases exclusion from fertiliser regulations.
2. Ammonia losses and N
2O emissions
Ammonia losses are an important issue both in local use of digestate and in digestate processing to fertiliser products for
transport, while further knowledge is required to understand N2O losses. NH3 emissions are limited under the National
Emissions Ceilings Directive 2016/2284 and locally, ammonia generates particulates
➔ Good practices: digestate injection (below soil surface) to reduce ammonia emissions – or ammonia recovery from the
digestate
Challenges
30 % of PM
10 particles In Milan result from livestock ammonia emissions
www.phosphorusplatform.eu/scope122
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3. Adaptation to farmers’ needs and equipment
Need to ensure that digestate is delivered to farmers in a form that they can use.
This is particularly true for processed digestate.

21. Measures to increase nutrient recycling from digestate
•Include digestate management good practices (ex offgas collection from digester output through processing and storage, ammonia
recovery, injection, ammonia stabilisation, …) in
- Agricultural Best Environmental Management Practice and EMAS documents, see here
- agricultural advisory services, including in the CAP
- Industrial and Livestock Rearing Emissions Directive BAT for intensive rearing of poultry or pigs
•Authorise biorefinery side-streams as inputs to FPR digestates and composts (CMCs 5 and 3), that is wastes, sludges,
wastewaters, by-products from installations processing biological materials to produce human food, animal food, pet food, biofuels,
industrial bio-based chemicals …
- irrespective of what processing the materials have undergone,
- if inputs include ABPs (e.g. dairy) then ABP End-Points are required,
- with limitations to avoid chemical risks
•Set EU phosphorus “reuse or recycling” targets for digestates
•In the EU Taxonomy include P-recovery from digestates, extend the inclusion of anaerobic digestion or composting of biowaste to also
cover manure, other farm wastes, streams from biobased industries
•Investigate potential for digestate from aquaculture “sludge”. Currently excluded from FPR. Need to address ABP status (conditions
for safety, End-Point) and authorise under appropriate conditions in the EU FPR.
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22. •Make fertiliser regulation criteria for digestates and fertiliser
authorised digestate products public:
- criteria for inclusion of digestates under National fertiliser
regulations (e.g. authorised input materials)
- companies producing digestates / digestate products labelled
under National fertiliser regulations
- catalogue of FPR CE-Mark digestate products
•Include digestate nutrient valorisation into EU Renewable
Energy and biogas development policies
•Emphasise nutrient valorisation, via digestates and composts,
as a key sustainability and resilience parameter in the EU
Circular Economy Act and the revision of the BioEconomy
Strategy.
ESPP proposalsfor nutrientCircularEconomy:
Open to feedback and signature:
https://phosphorusplatform.eu/regulatory
Measures to increase nutrient recycling to digestate
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23. 23
Examples and best practices in Europe
https://www.europeanbiogas.eu/digestate-certification-with-suez/

24. Examples and best practices in Europe
Catalonia's Biogas & Digestate Strategy 2024-2030
•Goal: Triple Biogas Production by 2030
•Target: 2 TWh of biogas per year
•Prevent: 350,000 tons of CO₂ emissions annually
ESPP SCOPE Newsletter 153
Catalonia
https://www.worldbiogasassociation.org/portugal-paves-the-way-digestate-no-
longer-a-waste-a-turning-point-for-eu-biogas/
Portugal
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25. Bioenergia de Almenar (Spain)
•Lleida, Catalonia
•Digestate processed into compost, osmosed water, and a liquid fertiliser.
•After centrifugation, the solid phase is composted, and the liquid phase is
treated through membranes (reverse osmosis and ultrafiltration), vacuum-
evaporation and ammonia stripping-scrubbing, to obtain a liquid fertiliser and
clean water (the water is reused at the biogas plant or for irrigation).
•The business model relies on revenues from waste management (agri-food
wastes including sludges, meat processing solid waste, manures, and
agricultural residues), the sales of compost and liquid fertiliser, and electricity
sold to the grid.
Examples and best practices in Europe
25
ESPP Scope Newsletter 153

26. •Lamballe, Brittany
•Co-operative of c. 5000 pig farmers specialising in primary
meat production
•Biomethane injected to the grid, covering 75% of the gas
needs of the Lamballe municipality.
•Digestate is commercialised as fertilisers, after drying,
granulation and blending with mineral nutrients (c. 50 000 t/y
of organomineral fertilisers in granular form)
•Nitrogen is recovered from the digestate by ammonia
stripping to ammonia sulphate solution (5 000 m
3
/y at 8%
N/ww and 15% S/ww),
•The inputs are 100% residues from meat primary
production i.e., digestates from manure and residues from
the slaughterhouse wastewaters
Cooperl (France)
Examples and best practices in Europe
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•15-25€/t-ww paid to farmers for their manure (depending
on dry matter content)
ESPP Scope Newsletter 155

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Thank you to
•Lucile Sever, Senior Policy Advisor, European Biogas Association
•Laia Llenas Argelaguet, Deputy Director, BETA Technological Center
•Ludwig Hermann, Senior Consultant, Proman Consulting
for providing valuable insights, feedback, and information.
www.phosphorusplatform.eu