Commission Directive (EU) 2026/288 of 9 February 2026
Amending Council Directive 91/676/EEC as regards the use of certain fertilising materials from livestock manure
Reference: C/2026/662 – OJ L 288, 10 February 2026
Preamble
Having regard to the Treaty on the Functioning of the European Union, Having regard to Council Directive 91/676/EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources, and in particular Article 8 thereof,
Whereas
- Article 5(4)(a) of Directive 91/676/EEC sets out measures to be included in action programmes for vulnerable zones, ensuring that the amount of livestock manure applied does not exceed 170 kg nitrogen (N) per hectare per year.
- Scientific and technical progress has made it possible to manufacture fertilisers (known as ‘RENURE’ fertilisers) that under certain conditions act as ‘chemical fertilisers’ as defined in Article 2(f) of the Directive.
- The Commission’s Joint Research Centre has assessed that RENURE fertilisers have a similar nitrogen leaching potential and agronomic efficiency to chemical fertilisers, allowing their use above the maximum amount for manure application while ensuring the Directive’s objectives.
- Broader application of organic fertilisers from recycled waste streams can strengthen the Union’s strategic autonomy and food security and reduce farmers’ exposure to volatile mineral fertiliser prices.
- In 2023 the Commission launched an evaluation of Directive 91/676/EEC to assess its effectiveness in promoting nutrient recycling, including processed manure and RENURE fertilisers.
- Until the evaluation is finalised, an interim solution is needed for Member States to authorise the use of RENURE fertilisers above the amount set out in Annex III, point 2, under certain conditions.
- The use of RENURE fertilisers above 170 kg N ha⁻¹ yr⁻¹ should be authorised with safeguards to improve substitution of chemical fertilisers, reduce costs for farmers and enhance the Union’s agricultural strategic autonomy.
- In addition to water quality, nitrogen emissions from manure affect air quality; therefore appropriate safeguards and an upper limit for RENURE fertilisers are necessary.
- Quality criteria for RENURE fertilisers and conditions for their use should be set out so they can replace ‘chemical fertilisers’ in accordance with Directive 91/676/EEC.
- Only processing methods that reliably yield materials of consistent quality should be covered. The Joint Research Centre identified stripping and scrubbing of ammonia, reverse osmosis, and nitrogen‑rich phosphate salts (struvite) as suitable processes.
- Member States should apply strict quality standards, including limits for copper, zinc and microorganisms, in accordance with Union and national legislation.
- Commission Delegated Regulation (EU) 2023/1605 defines end‑points in the manufacturing chain for certain organic fertilisers, beyond which processed manure is no longer subject to Regulation 1069/2009.
- Member States should set requirements for installations producing RENURE fertilisers to ensure consistent nutrient content and provide appropriate information on nutrient content.
- The Joint Research Centre assessed the environmental and health impacts and proposed criteria for RENURE fertilisers, assuming total manure production does not increase.
- Member States should monitor the effect of authorising RENURE fertilisers above 170 kg N ha⁻¹ yr⁻¹ on livestock numbers and manure production, preventing any increase where the nitrogen content exceeds the limit.
- Land application of RENURE fertilisers remains subject to the balanced fertilisation requirements of Annex III, point 1(3) of Directive 91/676/EEC, and should be reviewed in the context of this amendment.
- Appropriate land‑application techniques (injection, immediate incorporation, etc.) should be used to avoid volatilisation losses.
- Authorisations must take into account the objectives of Council Directive 92/43/EEC, Directive 2000/60/EC, Directive 2016/2284, Directive 2020/2184, Directive 2008/50/EC and Regulation 2018/848, especially in Natura 2000 areas and near drinking‑water abstraction points.
- Member States shall notify the Commission of their decision to authorise RENURE fertilisers and report, as part of the four‑yearly report required by Article 10 of Directive 91/676/EEC, on production, livestock numbers and manure production.
- This amendment does not affect Member State obligations unless they choose to implement the new point (c) in Annex III.
- It is therefore necessary to amend Directive 91/676/EEC accordingly.
- The measures provided for in this Directive are in accordance with the opinion of the Committee established by Article 9 of Directive 91/676/EEC.
Articles
Article 1 Annex III to Directive 91/676/EEC is amended in accordance with the Annex to this Directive.
Article 2
- Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 2 March 2028 at the latest and shall communicate the text of those provisions to the Commission.
- Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
Article 3 This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
Article 4 This Directive is addressed to the Member States.
Annex – Amendment to Annex III, point 2, second sub‑paragraph
(c) Member States may authorise, above the amount of 170 kg N ha⁻¹ yr⁻¹ and up to an additional limit of 80 kg N ha⁻¹ yr⁻¹, the use of certain fertilising materials from livestock manure that have undergone processing, provided all the following conditions are met:
- Processing requirement – the livestock‑manure component has undergone a treatment that increases the concentration of nitrogen in mineral form, urea nitrogen or crystal‑bound nitrogen, resulting in one of the following:
- an ammonium salt (scrubbing salt) obtained from gas‑purification or emission‑control processes;
- a mineral concentrate obtained through reverse osmosis;
- a nitrogen‑rich phosphate salt (struvite) precipitated from livestock manure.
- Quality consistency – the fertilising material has a ratio of mineral nitrogen to total nitrogen of at least 90 % or a ratio of organically bound carbon to total nitrogen of no more than 3 % (adjusted for non‑manure nitrogen sources).
- Upper limits for contaminants – the material does not exceed:
- copper (Cu): 300 mg kg⁻¹ dry matter;
- zinc (Zn): 800 mg kg⁻¹ dry matter.
- Microbial limits (for materials containing > 1 % organic carbon):
- Salmonella spp.: absence in 25 g or 25 ml;
- Escherichia coli or enterococci: ≤ 1 000 CFU g⁻¹ (or ml⁻¹).
- Quality standards – Member States shall implement strict quality standards to ensure consistent nutrient content across batches.
- Labeling – the fertilising material must be accompanied by documentation stating the content of nitrogen (N) and phosphates (P₂O₅) where either exceeds 1 % dry matter, with a maximum deviation of 25 % from the declared value.
- Livestock and manure monitoring – Member States shall ensure that livestock numbers and manure production do not increase as a result of authorising this point, both at national level (when nitrogen content exceeds 75 % of the 170 kg N ha⁻¹ limit) and at NUTS 2 level.
- Land‑application limits – Member States shall tighten fertiliser application limits to account for increased nitrogen‑loss risks, applying a mineral fertiliser equivalence coefficient of 1 for these materials and ensuring living plant cover or equivalent measures.
- Storage measures – appropriate storage conditions shall be defined to minimise emissions, including to air.
- Environmental safeguards – the use of these materials shall not prejudice the achievement of the objectives of Directive 92/43/EEC, Directive 2000/60/EC, Directive 2016/2284, Directive 2020/2184, Directive 2008/50/EC and Regulation 2018/848. Precautions shall be taken in Natura 2000 areas and near drinking‑water abstraction points.
Done at Brussels, 9 February 2026.
For the Commission
The President
Ursula VON DER LEYEN
References
- Commission Delegated Regulation (EU) 2023/1605 (22 May 2023)
- Regulation (EC) No 1069/2009 (21 October 2009)
- Regulation (EU) 2019/1009 (5 June 2019)
- Council Directive 92/43/EEC (21 May 1992)
- Directive 2000/60/EC (23 October 2000)
- Directive 2016/2284 (14 December 2016)
- Directive 2020/2184 (16 December 2020)
- Directive 2008/50/EC (21 May 2008)
- Regulation 2018/848 (30 May 2018)