Digestate

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Within the scope of Line 15 “Implement a strategy for digestate as a fertiliser raw material to enable the growth of the biomethane market” of the BAP 2024–2040, several legislative amendment measures have already been published or are currently under way, aimed at facilitating the use of digestate from the anaerobic digestion of organic waste.

In this section, the various initiatives and regulatory changes designed to streamline the licensing processes for the conversion of waste into biomethane will be made publicly available.

Characterisation of Digestate

Digestate is defined as the by-product resulting from a controlled anaerobic digestion process carried out in biogas production plants. Provided there is an efficient nutrient cycle, digestate can be stored appropriately and applied as a fertiliser at the right time, in the right dose and to suitable soils.

The use of digestate as a fertiliser must comply with applicable legislation (environmental, agricultural and sanitary), good nutrient management practices and criteria for the protection of soil and water bodies.

Legal Framework (General)

The general legislation applicable to fertilisers is Decree‑Law No. 30/2022 of 11 April  (Fertilisers Decree‑Law), which establishes the rules governing the placing on the market of fertilizing materials, ensuring compliance with the obligations arising from Regulation (EC) No. 2003/2003 and Regulation (EU) 2019/1009, as well as Ordinance No. 185/2022 of 21 July (Fertiliser Ordinance), which approves the types of non‑harmonised fertilising materials, defines the types of raw materials that may be used in their production and establishes the respective requirements for placing them on the market, in its current wording.

Utilisation of digestate (general)

For digestate to be used in agriculture, it must meet the following criteria:

  • Quality Criteria: Compliance with the maximum admissible values for heavy metals (e.g. cadmium, lead), microbiological parameters (absence of Salmonella and E. coli < 1000 cfu/g), and assurance of the absence of weed seeds;
  • Management System: The producer must implement a management system documented in a procedures manual, which includes quality monitoring, sampling methodologies and control of raw materials;
  • Documentation and Traceability: Each consignment must be accompanied by a declaration of conformity and a technical data sheet. The producer must also complete the FER form annually in the Integrated Waste Registry System (MIRR);
  • Agricultural Use: Application to soil must be carried out as part of a fertilisation plan, respecting crop requirements and application restrictions (e.g. distances from watercourses or adverse weather conditions);
  • Legal Equivalence: Legally equivalent to livestock effluent as well as a derived product within the meaning of Regulation (EC) No. 1069/2009 of the European Parliament and of the Council of 21 October;
  • Origin: Results from the organic processing of livestock effluents and may incorporate plant biomass and other animal by‑products (ABP) and derived products (DP) of categories 2 and 3 provided for in Regulation (EC) No. 1069/2009.

Digestates Obtained from Livestock Effluents

These digestates are subject to specific legislation based on two main pieces of legislation:

  • Ordinance No. 79/2022 of 3 February: Establishes standards for the sustainable management of livestock effluents and rules for complementary activities, such as biogas plants;
  • Order No. 5993/2025 of 28 May: Defines the criteria for granting of End‑of‑Waste Status (FER). This order allows digestate, obtained through the recovery of livestock effluents, plant biomass and other animal by‑products (ABP) and derived products (DP), to cease to be classified as waste and become a product (fertiliser), provided that specific quality and treatment requirements are met.

The granting of FER does not exclude digestate from the scope of the regulations applicable to ABP and DP. Therefore, digestate is always considered a derived product and, as such, subject to the requirements set out in that legislation regarding transport, traceability and record‑keeping.