30.05.2025

Practice Areas: Public and Environment

Industries: Environment

New Rules for Fertilizers: Order on End-of-Waste Status Published

Yesterday, the Diário da República published Order No. 5993/2025, establishing the new rules for the End-of-Waste (EoW) status applicable to fertilizers produced from livestock effluents, plant biomass and other organic by-products.

The aim is to facilitate the reuse of organic materials, allowing them to cease being classified as waste and to be used as agricultural fertilizers, provided they meet specific criteria set out in both national and European legislation — notably Ordinance No. 79/2022 and Regulation (EU) No. 142/2011.

The order also highlights the key role of biomethane and organic recovery in decarbonization, sustainable waste management and the advancement of a circular bioeconomy. Technologies such as anaerobic digestion and composting are now formally recognized as essential tools for both the energy sector and waste policy.

For a fertilizer to no longer be considered waste, the following conditions must be met:

  • The biogas or composting facility must hold a valid operating license;
  • The final product must comply with all applicable technical standards;
  • There must be a management system in place to ensure compliance;
  • The producer must issue a declaration of conformity for each batch, accompanied by a technical datasheet and label.

The new rules enter into force today and are aligned with key strategic goals set out in the National Energy and Climate Plan (PNEC 2030), the National Strategy for Agricultural and Agro-Industrial Effluents (ENEAPAI 2030), and the Biomethane Action Plan 2024–2040.

This new framework is particularly relevant for agricultural companies and organic waste recovery operators, opening new opportunities to convert waste into usable and compliant products.

For any clarifications regarding this change, please do not hesitate to contact the Public Law & Environment practice area at Abreu Advogados, through partner José Eduardo Martins.

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