Message 001
Communication from the Commission - TRIS/(2026) 2795
Directive (EU) 2015/1535
Notification: 2026/0540/IT
Notification of a draft text from a Member State
Notification – Notification – Notifzierung – Нотификация – Oznámení – Notifikation – Γνωστοποίηση – Notificación – Teavitamine – Ilmoitus – Obavijest – Bejelentés – Notifica – Pranešimas – Paziņojums – Notifika – Kennisgeving – Zawiadomienie – Notificação – Notificare – Oznámenie – Obvestilo – Anmälan – Fógra a thabhairt
Does not open the delays - N'ouvre pas de délai - Kein Fristbeginn - Не се предвижда период на прекъсване - Nezahajuje prodlení - Fristerne indledes ikke - Καμμία έναρξη προθεσμίας - No abre el plazo - Viivituste perioodi ei avata - Määräaika ei ala tästä - Ne otvara razdoblje kašnjenja - Nem nyitja meg a késéseket - Non fa decorrere la mora - Atidėjimai nepradedami - Atlikšanas laikposms nesākas - Ma jiftaħx il-perijodi ta’ dewmien - Geen termijnbegin - Nie otwiera opóźnień - Não inicia o prazo - Nu deschide perioadele de stagnare - Nezačína oneskorenia - Ne uvaja zamud - Inleder ingen frist - Ní osclaíonn sé na moilleanna
MSG: 20262795.EN
1. MSG 001 IND 2026 0540 IT EN 06-10-2026 IT NOTIF
2. Italy
3A. Ministero delle Imprese e del Made in Italy
Dipartimento Mercato e Tutela
Direzione Generale Consumatori e Mercato
Divisione II. Normativa tecnica - Sicurezza e conformità dei prodotti, qualità prodotti e servizi
00187 Roma - Via Molise, 2
3B. Ministero dell’ambiente e della sicurezza energetica
Ufficio Legislativo
4. 2026/0540/IT - S40E - Organic fertilisers, purification sludge
5. Draft legislative decree containing provisions on the agricultural use of sewage sludge and the management of waste consisting of sewage sludge
6. The measure reorganises regulations on the agricultural use and management of sewage sludge, updating requirements, controls, and traceability, and promoting the recovery of nutrients, materials, and energy.
7.
Directive (EEC) No 86/278 on the protection of the environment, and in particular of the soil, from the agricultural use of sewage sludge: Art. 12
This notification is also made pursuant to Article 12 of Directive 86/278/EEC on the protection of the environment, in particular the soil, when sewage sludge is used in agriculture.
Notification is required because the scheme replaces Legislative Decree No. 99 of 27 January 1992, implementing Directive 86/278/EEC, by introducing a comprehensive, updated framework for the agricultural use and management of sewage sludge. In particular, the measure sets out national provisions that are more stringent than those in the Directive by updating limit values, quality parameters, monitoring requirements, and conditions for agricultural use, to ensure a higher level of protection for soil, water, the environment, and human health.
8. The draft legislative decree, adopted in implementation of Article 71 of Law No. 182 of 2 December 2025, replaces Legislative Decree No. 99 of 27 January 1992 and reorganises the regulations governing the agricultural use and management of sewage sludge, bringing them into line with the latest technical and scientific knowledge and with the objectives of environmental protection, public health and the circular economy.
The legislation, comprising five Titles, twenty-four articles and ten technical annexes, sets out the obligations of producers and the responsibilities of public authorities; updates the conditions, limits, controls and authorisation procedures for agricultural use; introduces traceability and risk management tools; regulates phosphorus recovery and the end-of-waste status of the relevant compounds; and regulates further forms of recovery, including the production of fertilisers, environmental restoration and the recovery of materials and energy. The annexes set out quality parameters, limit values, analysis methods, monitoring frequencies, permitted treatments, and maximum quantities that may be used.
9. The public interest safeguarded is protecting soil, water, the environment, and human and animal health from the risks associated with the management and agronomic use of sewage sludge, while ensuring its safe recovery within a circular economy framework.
The technical regulation introduces a higher level of protection than Legislative Decree No. 99 of 1992 by updating limit values, expanding the range of controlled contaminants, and strengthening quality requirements, specific treatments, analytical controls, traceability, and risk management measures.
In the event of mutual recognition, the reference level of protection is that resulting from the combination of these requirements and controls.
9a. The measure addresses risks to soil, water, the environment, and human and animal health arising from contaminants and pathogens in sludge that can accumulate in environmental media or enter the food chain. Current legislation, dating back to Legislative Decree No. 99 of 1992, no longer fully aligns with current technical and scientific knowledge or with monitoring and traceability tools.
The draft regulation supports this objective by updating limit values and quality parameters, expanding the range of controlled contaminants, and defining treatments, analytical tests, traceability, and risk management. These measures prevent the use of non-compliant sludge and ensure consistent controls throughout the supply chain.
The public interest is pursued consistently and systematically through coordinated provisions governing the production, characterisation, treatment, transport, use, and monitoring of sludge, reconciling environmental and health protection with the safe recovery of nutrients, materials, and energy.
9b. This measure stems from the need to adapt and update national legislation within the framework set out by Directive 86/278/EEC, which establishes minimum requirements at EU level for the agricultural use of sewage sludge, to prevent harmful effects on soil, vegetation, animals and humans and ensure its proper use.
The measure therefore does not introduce a set of rules that is separate or independent from the EU framework. Still, it amends and updates Legislative Decree No 99 of 27 January 1992, which is already in force and was adopted to implement the same Directive, bringing its provisions in line with developments in technical and scientific knowledge and current requirements for protecting health and the environment.
As it forms part of a regulatory framework already established at the European level, the measure does not affect the functioning of the internal market, which is already regulated in this area.
A comprehensive review of the current regulations is the necessary and least restrictive solution to ensure the effective implementation of the objectives set at the EU level. Partial measures or non-binding instruments would not, in fact, guarantee consistent updates to requirements, controls, and traceability throughout the entire supply chain. The measure nevertheless continues to permit the agronomic use of sludge provided that the established conditions are met, limiting the burdens to what is necessary to achieve a high and uniform level of protection for health and the environment.
9c. The restrictions provided for are proportionate to the importance of the objective pursued and to the severity of the risks to soil, water, the environment and human and animal health. Obligations vary according to the characteristics of the sludge and are limited to the requirements, controls, and traceability measures necessary to ensure its safe use.
Interference with the internal market is limited and justified by the need to ensure a high and uniform level of protection. Environmental and health protection takes precedence over any potential impact on trade, as restrictions are applied without discrimination and are directly linked to preventing risks not adequately addressed by current legislation.
Failure to achieve the objective could lead to persistent contamination of environmental media and risks to the food chain, with potentially serious and difficult-to-reverse consequences. These effects far outweigh the costs and compliance burdens imposed on operators.
10. References to basic texts:
11. No
12.
13. No
14. No
15. Yes
16.
TBT aspects: No
SPS aspects: No
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European Commission
Contact point Directive (EU) 2015/1535
email: grow-dir2015-1535-central@ec.europa.eu
