The European Commission is preparing for a possible shift in its approach to the implementation of the Nitrates Directive, with digestate and bio-based fertilisers now emerging as a key focus of European political and regulatory discussions.
During a meeting with a number of journalists, including Agence Europe, at the Commission’s offices on Wednesday 13 May, the Commissioner for the Environment, Jessika Roswall, confirmed that the Commission was actively examining the possibility of granting additional flexibilities for the use of digestate within the European Union’s current regulatory framework. This review is part of a wider assessment of the Nitrates Directive.
According to the Commissioner, digestate could reduce Europe’s dependence on imported mineral fertilisers, boost farmers’ economic resilience and support the circular economy.
The subject has taken on increasing political importance in recent months, against a backdrop of persistent geopolitical tensions, rising fertiliser costs and renewed concerns about Europe’s dependence on imports.
The Commission also says that new technologies now make it possible to further limit the risks associated with organic fertilisers, in particular the risks of nutrients leaking into water.
With this in mind, digestate is no longer seen simply as a by-product or waste product, but increasingly as a strategic resource that is compatible with European objectives in terms of the bioeconomy and circularity.
Jessika Roswall described this approach as a “win-win-win” solution: reducing the EU’s external dependency, providing economic support for farmers and environmental benefits.
At the heart of the discussions is the ceiling currently set by the Nitrates Directive (91/676/EEC), which limits the spreading of nitrogen from livestock effluent to 170 kg N/ha/year in vulnerable areas in order to protect water.
The Commissioner confirmed that the Commission’s Joint Research Centre (JRC) was currently studying the possibility of adapting this threshold for certain digestate products, without compromising water quality objectives.
Jessika Roswall pointed out that such a development could be implemented via the comitology procedure within the framework of the existing directive, without formally reopening the legislative text.
The Commission’s stated aim is to make these new flexibilities available to farmers before the next spring spreading season.
On top of the digestate issue, the Commissioner confirmed that the assessment of the Nitrates Directive was due to be published before the summer. She recalled that this directive remained an essential instrument in the European policy to combat water pollution by nitrates.
At the same time, she acknowledged the growing concerns of Member States and the farming sector about the administrative burden and lack of flexibility of the current framework.
A number of simplification options are now under consideration.
One of the main areas for discussion is how to adapt the directive to the very different climatic and agricultural realities within the European Union. Jessika Roswall said that the current system still relies heavily on rigid calendars, which do not sufficiently reflect the differences between the northern and southern regions of Europe or the evolution of climatic conditions.
The Commission thus envisages greater flexibility linked to local climatic conditions and better adaptation of spreading periods to regional realities.
The Commission is examining as well the possibility of aligning the reporting obligations under the Nitrates Directive with those under the Water Framework Directive. In practical terms, this could lead to a move from a four-year reporting cycle to a six-year cycle.
Ms Roswall also raised the possibility of a more targeted approach based on pollution levels.
While reaffirming the importance of water protection objectives, she suggested that Member States with less intensive farming systems could benefit from a more differentiated approach than regions with a high concentration of livestock farming.
Conversely, ‘red zones’ identified as particularly polluted could continue to be subject to stricter rules.
The Commissioner confirmed that the Commission has launched a ‘stress test’ of the Birds and Habitats Directives (see EUROPE 13868/7). Agricultural realities and technologies have changed radically since they were first adopted. In particular, she cited the use of artificial intelligence, drones and precision farming. Jessika Roswall said that changes were likely, although no precise proposals had yet been defined at this stage, and insisted that any revision would require “a thorough impact assessment”.
“Do I expect any changes? Probably, but I cannot say today what (they will be) because we first need to look into what the stress test will give”, she concluded. (Original version in French by Lionel Changeur)