This document provides an overview and update on nutrient policies in the European Union. It discusses the proposed revisions to key EU directives like the Urban Wastewater Treatment Directive and Sewage Sludge Directive, which will tighten nutrient discharge limits and promote nutrient recovery and recycling. It also outlines the European Commission's efforts to establish nutrient recycling targets and stimulate markets for recovered nutrients through the EU Taxonomy and Fertilising Products Regulation. Overall, the document demonstrates increasing EU policy focus on improving water quality and establishing a circular economy for nutrients.

1. Chris Thornton
info@phosphorusplatform.eu
www.phosphorusplatform.eu
Update on nutrients in EU water policy and regulation
June 2023

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European Sustainable Phosphorus Platform (ESPP)

3. European Sustainable Phosphorus Platform (ESPP)

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Legal entity,
 transparency
 clear decision making
 representation
- established 2014
- Belgian not-for-profit association
- statutes are public
- EU Transparency Register no. 260483415852-40
100% membership funded
 credibility, independence
50+ paying members :
industries, SMEs,
R&D institutes & projects,
cities & regions
 balance between interests and industries

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• Decision by consensus
• Mediation rather than advocacy
- enable dialogue between stakeholders
- develop shared policy proposals
- communicate with regulators
• Communication tools:
- web site www.phosphorusplatform.eu
- LinkedIn Twitter
- eNews, Scope Newsletter,
100 000 + emailing list
(15 – 30 % identified opening rate)
ESPP in action

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EU regulatory and policy dossiers
- Sewage Sludge Directive
- Urban Wastewater Treatment Directive ‘Recast’
- Fertiliser supply and food security
- Green Deal
- EU Green Finance ‘Taxonomy’
- Nitrogen recovery & recycling
- EU Critical Raw Materials
- EU Fertilising Products Regulation
- Integrated Nutrient Management Action Plan - Soil Health Law
- CAP (Common Agricultural Policy)
- BAT (Industrial Emissions Directive)
- Recycled nutrients in Organic Farming (certified)
- Animal Feed Regulation
- R&D – Horizon Europe, LIFE …
National policies
- Austria proposed sewage P-recovery obligation
- Baltic Nutrient Recycling Strategy (HELCOM)
ESPP in action
Struvite & phosphate salts from sewage
authorised Jan. 2023
Revision ongoing
Proposed new Directive published 26/10/22
now with European Parliament & Council
Includes P and N recovery
Delegated act 13/06/2023
Phosphorus recovery from sewage is included
Will be published together 2023

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Nutrient recovery technology catalogue
http://www.phosphorusplatform.eu/techcatalogue

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Nutrient platforms - partners of ESPP
• Netherlands 2010 http://www.nutrientplatform.org/
• Germany 2015 www.deutsche-phosphor-plattform.de
• North America Sustainable Phosphorus Alliance (SPA) 2017
(launched as NAPPS in 2015) https://phosphorusalliance.org/
• Japan PIDO 2011 (Phosphorus Industry Development Organization of Japan) www.pido.or.jp
• Global Partnership for Nutrient Management (UNEP)
http://www.unep.org/gpa/what-we-do/global-partnership-nutrient-management
• nutrient platform projects: Ireland, Italy, Sweden, …

9. Developments in nutrient policies in Europe

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Context: European Green Deal 2019 (1)
Farm-to-Fork Strategy 2
and
Biodiversity Strategy 3
both fix this target for 2030:
- reduce nutrient losses by at least -50%
while ensuring no deterioration on soil fertility
- resulting in a reduction in fertiliser use
by at least -20%
1 = COM(2019)640 https://ec.europa.eu/info/files/communication-european-green-deal_en
2 = COM(2020)381, 20th May 2020 https://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1590404602495&uri=CELEX%3A52020DC0381
3 = COM(2020) 380 final, 20th May 2020 https://ec.europa.eu/environment/nature/biodiversity/strategy/index_en.htm

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Context: European Green Deal
possible “legal requirements to boost the market
for secondary raw materials, with
mandatory recycled content”
2015: EU Circular Economy Package
2020: EU Circular Economy Action Plan(1)
Integrated Nutrient Management Action Plan …
“stimulating the markets for recovered nutrients”
1 = COM/2020/98 https://environment.ec.europa.eu/strategy/circular-economy-action-plan_en

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European States with P-recycling Obligation
Switzerland
• 2016 VVEA (waste act), Art 15, makes
phosphorus recycling becomes obligatory by 2026
from sewage sludge incineration ash* and meat and bone meal ash
* Switzerland banned land use of sewage biosolids in 2006
Germany
• AbfKlärV 2017 (sewage sludge regulation):
phosphorus recycling from sewage becomes obligatory
- by 2029 / 2032 years for all WWTPs > 100 000 P.E. / 50 000 P.E.
if sewage sludge P > 2% of dry matter
Austria (draft notified)
• 2022 AVV Abfallverbrennungsverordnung 2022
phosphorus recycling becomes obligatory by 2030
for WWTP >20 000 P.E. from sewage sludge (>60% recovery) or sludge ash (>80% recovery)
Under discussion
• Denmark, Sweden, Baltic …

13. EU Water Policy updates

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EU Water Policy
Water Framework Directive:
2019 «Fitness Check » (REFIT)
fit for purpose with room for improvement on
investments, implementation, integrating water into
other policies, chemical pollution, administrative
simplification and digitalisation. (ESPP eNews 39)
But only half of EU waters have achieved Good
Ecological Status and several JRC publications
suggest current actions insufficient
- https://doi.org/10.1016/j.gloenvcha.2021.102281
- https://doi.org/10.1016/j.scitotenv.2019.133888

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Sewage Sludge Directive 1986/278 - Revision underway
Preparatory study published 2022 (ESPP eNews 39)
Evaluation published May 2023
- remains relevant
- update listed contaminants:
organic compounds,
pathogens,
pharmaceuticals
microplastics
EU Water Policy

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EU Urban Waste Water Treatment Directive Recast
Also: proposed modifications to Environmental Quality Standards,
Groundwater and Water Framework Directives to address “emerging
contaminants of concern” including PFAS, microplastics and
pharmaceuticals.
European Commission proposed new UWWT Directive, 26 October 2022:
https://environment.ec.europa.eu/publications/proposal-revised-urban-wastewater-treatment-directive_en
Other Directive modifications:
https://environment.ec.europa.eu/publications/proposal-amending-water-directives_en
Access to Parliament proposed amendments and procedure documents:
https://oeil.secure.europarl.europa.eu/oeil/popups/ficheprocedure.do?reference=2022/0345(COD)&l=en
EU Water Policy

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EU Urban Waste Water Treatment Directive Recast
• Tighter P, N discharge constraints
- 0.5 mgPtotal/l or 90% P removal (was 1-2 mgl/ or 80%)
- 6 mgN/l or 85%N removal (was 10-15 mg/l or 70-80%)
- for all wwtps > 100 000 p.e. even if NOT in Sensitive Area
• wwtps to be “energy neutral” by 2040
• “quaternary treatment” for all wwtps > 100 000 p.e., or > 10 000 p.e. if identified risk
• “Extended Producer Responsibility”
- for pharmaceuticals & cosmetics only (initially)
• Measurement methods for microplastics in ww and in sludge
• Promote water reuse
• “integrated urban wastewater management plans”
• Definitions of “sludge”, “micro-pollutant”, “antimicrobial resistance”
• Phosphorus and nitrogen reuse and recycling targets (art. 20)

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EU Urban Waste Water Treatment Directive Recast
Phosphorus and nitrogen reuse and recycling targets (art. 20)
“Member States shall take the necessary measures to ensure that sludge management routes are
conform to the waste hierarchy provided for in Article 4 of Directive 2008/98/EC. Such routes shall
maximize prevention, re-use and recycling of resources and minimize the adverse effects on the
environment.
The Commission is empowered to adopt delegated acts … setting out the minimum reuse and
recycling rates for phosphorus and nitrogen from sludge, in order to take into account
available technologies for phosphorus and nitrogen recovery in sludge”
• Discussion underway in Parliament & Council
• ESPP proposed amendment: widen to recovery anywhere in the treatment plant

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EU Urban Waste Water Treatment Directive Recast
European Parliament proposed amendments
Delete N and P recovery (212, 1093, 1094)
Widen recovery to ww not only from sludge (ESPP proposal) (193, 196, 216, 1095, 1096)
Fix specified P and N recovery rates
- 50% recovery of both N and P (1102)
- 80% for P (1097)
Framework or market measures for uptake of recovered nutrient products
(194, 196, 1095, 1102, 1103, 1104)
Include N2O in climate emission monitoring
(150, 197, 198, 199, 352, 353, 354, 355, 356, 833, 834, 837, 840, 917, 1151)

20. EU Taxonomy

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EU "Taxonomy"
Includes P recovery from municipal wastewater
- Wording widened (“from on site” deleted)
- Not P-recovery from other steams
- Not N-recovery
… ESPP contacts ongoing for future updates
https://finance.ec.europa.eu/system/files/2023-06/taxonomy-regulation-
delegated-act-2022-environmental-annex-1_en.pdf

22. EU Fertilising Products Regulation (2019/1009) = “FPR”

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EU Fertilising Products Regulation 2019/1009
Already a number of amendments: see consolidated version
https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02019R1009-20220716
Opens European market for recycled fertilisers
… and for recycling technologies
Precedent: first EU Product Legislation to confer EU “ End-of-Waste” status
Covers:
- fertilisers: mineral, organic …
- soil improvers, liming materials
- growing media
- composts, digestates, biochars …
- …

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EU Fertilising Products Regulation 2019/1009
“Optional harmonisation”
You can place on the market
 as CE-mark fertilising products
(EU Fertilising Products Regulation criteria – and Conformity Assessment)
 transport to and sell in any EU country
 as “national” fertiliser
 cannot be transported to another EU country
(unless “mutual recognition”)
 or both
 or spread under national “waste” legislation or similar
(traceability, producer responsibility, …)

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EU FPR:
in? or out?
Sewage
Manure
+ Cat 2
& 3 ABPs
Cat1
ABPs
Plant
materials
Food waste /
biowaste
Food
industry
CMC2: plant materials ✗ ✗ ✗ ✓ ✗ ✗
CMC3: compost ✗ ✓ $ ✗ ✓ ✓ ✗
CMC4: “energy crop” digestate ✗ ✗ ✗ Some ✗ ✗
CMC5: other digestate ✗ ✓ $ ✗ ✓ ✓ ✗
CMC6: food-industry by-products ✗ ✗ ✗ ✓ ✗
Certain
materials
CMC10: animal by-products
CMC10 = currently empty box: first limited list published September 2022
$ = other CMCs: when ABP ‘End Point’ defined if respect ABP criteria
CMC11: by-products Only certain minerals from processes not taking wastes as inputs
CMC12: phosphate salts & derivates ✓ ✗ ✗ ✓ ✓ ✓
CMC13: ashes & derivates ✓ ✓ $ ✗ ✓ ✓ ✓
CMC14: pyrolysis & gasification ✗ ✓ $ ✗ ✓ ✓ Plant only
CMC15: recovered minerals Only certain minerals from processes not taking wastes as inputs
CMC15: gas-stripping N salts ✓ Manure ✗ ✓ ✓ Some
Table prepared by ESPP « to the best of our understanding » only

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EU Fertilising Products Regulation (FPR)
CMCs (Component Material Category)
1. Virgin chemicals & materials
2. Mechanically processed plants
3. Compost
4-5. Digestates
6. (certain) Food industry by-products
7. Biostimulant micro-organisms
8-9. Nutrient & other polymers
[10. Animal by-products] - to date: empty box
11. (certain industrial) By-Products
12. Recovered phosphate salts & derivates
13. Ashes & derivates
14. Pyrolysis & gasification materials
15. (certain) Recovered Minerals (inc. N-salts from sewage treatment off-gases)
DG SANTE amendment of Animal By-
Products Regulations pending
Amendments of FPR then needed
Sewage sludge inputs EXCLUDED
Sewage sludge inputs EXCLUDED but may
be reconsidered
Sewage sludge inputs authorised

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EU Fertilising Products Regulation 2019/1009 (FPR)
STRUBIAS adopted and published
 FPR entered into application summer 2022
 “STRUBIAS” (Struvite, Biochars, Ashes) criteria
were published end 2021

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CMC15: “Recovered high quality
materials”
Recycled nitrogen or sulphur products
from sewage/sludge offgas
 Sludge digestate ammonia stripping
 In-wwtp N or S gas mitigation
 Recovered product must be
a (specified) mineral salt
EU Fertilising Products Regulation (FPR)

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Sewage sludge in FPR biochars (CMC14)
JRC “STRUBIAS” final report 2019 states (p. 137-138)
 Lack of evidence of removal of “broad list of emerging
contaminants in human-derived waste streams”
Cites: “phthalates, surfactants, pharmaceuticals and endocrine
disrupting compounds”
 Recommends to develop the scientific knowledge base.
Current exclusion “could possibly be revised once
robust and extensive techno-scientific evidence
underpins the safe use …”
UKWIR study No. 23/SL/07/2 :
https://ukwir.org/water-industry-research-
reports

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European Commission tender open to 17th July 2023
 New candidate input materials for EU fertilising products (CMCs)
 New treatment methods for CMCs
 Additional biostimulant micro-organisms (CMC7)
 Is expected to assess sewage sludge biochar
(temperature, time, contaminant requirements …)
DG GROW tender TED) GROW/2022/OP/0046
https://etendering.ted.europa.eu/cft/cft-display.html?cftId=13126
EU Fertilising Products Regulation (FPR)

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Recycled nutrients authorised in EU “Organic Farming”
EU Implementing Regulation on Organic Farming 2021/1165 Annex II
In some cases with use, contaminant or origin limitations
• Materials from plants or algae
• Manure (and Cat 2 – 3 animal by-products)
inc. dried, composted, digestate “Factory farming origin forbidden”
• Compost or digestate of separately collected biowaste, or of vegetable materials,
• Various specific animal-by-products:
fish meal, meat meat, bone meal, hydrolysed proteins, dairy, wool, feathers, …
• Wood by-products and ashes, plant processing by-products
• Shellfish and mollusc wastes from “Organic or sustainable fisheries”
• Egg shells “Factory farming origin forbidden”
• Biochar from plant materials
Discussion underway to
define what this means

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EGTOP Opinions on recycled nutrient materials
EU Expert Group on Organic Production (Opinions here)
Positive opinions: June 2022 here
• Struvite and precipitated phosphate salts
(EU FPR CMC12 definition)
• Widen “biowaste” to green wastes, catering food wastes
(conform to Waste Framework Directive)
2016 here: struvite, calcined phosphates from sewage sludge
Negative Opinions:
• June 2022 here: “Animal Bone Biochar”:
no advantage but contaminant risks compared to non-pyrolysed bone meal
• 2018 here: (certain) N-salts from ammonia stripping
See also : ESPP proposals to authorise further recycled nutrient materials in Organic Production here
FiBl paper on conditions for acceptance of recycled phosphorus materials in Organic Farming here
Public consultation on adding
implementing these in the
Regulation open to 21/11/22

33. Recycled fertilisers in Certified Organic Farming

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Recycled nutrients in EU “Organic Farming”
EU Implementing Regulation on Organic Farming 2021/1165 Annex II
In some cases with use specification, contaminant limitations or specified “sustainable origin”
• Materials from plants or algae “only for Organic” or sustainably collected
• Manure inc. dried, composted, digestate “Factory farming origin forbidden”
• Compost or digestate of separately collected biowaste, of vegetable materials
• Certain animal-by-products: fish meal, meat & bone meal, hydrolysed proteins, dairy, wool, feathers, …
• Wood by-products and ashes
• Shellfish wastes
• Egg shells “Factory farming origin forbidden”
• Biochar from plant materials
• Struvite and precipitated phosphate salts (EU FPR CMC12 definition)
• Negative EGTOP Opinions : Animal Bone Char June 2022 here, (certain) ammonia stripping N-salts
See also : ESPP proposals here - FIBL paper here
Published 17/1/2023
Precedent for nutrients
recovered from sewage

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Recycled nutrients in EU “Organic Farming”
EU Implementing Regulation on Organic Farming 2021/1165 Annex II
Struvite and precipitated phosphate salts
• Must meet Fertilising Products Regulations criteria
- includes from sewage / sludge
- does this means “Conformity Assessment” ?
• Manure effectively excluded

36. ESPP – questions needing work

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Questions for further work
Need to develop consensus proposals
• Tools / policies for “market pull” for recycled nutrients
- use quotas: fertiliser manufacturers? distributors? farmers?
- economic tools
- public purchasing
- labels
• Targets for nutrient recycling from sewage and other wastewaters:
- definitions of reuse / recovery / recycling
- % targets for P-recovery, N-recovery
- % of total sewage arisings? wwtp inflow ?

38. Chris Thornton
info@phosphorusplatform.eu
www.phosphorusplatform.eu