Algae related regulation & legislation

Algae or their derived products may be used in agriculture as biofertilizers, biostimulants, or biopesticides. Algae may also be considered plants and are thus grown on fertilisers and other products primarily intended for use on plants.

We will examine the following legal sources in this section:

1. Fertiliser Product Regulation EC 2019/1009 (FPR),
2. Animal By-Products Regulation EC 1069/2009 (ABPR),
3. Plant Protection Product Regulation EC 1107/2009 (PPPR),
4. REACH Regulation, Evaluation, Authorisation and Restriction of Chemicals EC 1907/2006 (REACH),
5. Waste Framework Directive 2008/98/EC (WFD).

WFD (among others) establishes the basic framework for the circular use of waste resources and defines the concept of End-of-Waste (EoW). As a directive, it has to be transposed to the member-state level, leading to inconsistent local implementation that has already been an obstacle to various bioremediation projects.

FPR is the first (and, so far, the only) EU-level regulation implementing EoW. Algae are a valid Component Material Category (CMC) #2, included among plant materials, but the same clause excludes cyanobacteria. Algae can also enter as substrates for anaerobic digestion, producing CMC #4 and CMC #5. Algae might also be used unchanged as microorganisms directly applied to soil (CMC 7). FPR does not mention algal fertilisers (fertilisers used as nutrients for algal growth), but this option may be inferred from considering algae as plants.

ABPR is (among others) relevant to fertilising products of animal origin, such as manure. Algae can also be grown on ABP, such as pig manure, or on ABP-derived products, such as biogas digestate (from manure and other materials). In both cases, “grown” means that algae may be used in a bioremediating step of such streams.

PPPR is relevant as a frame regulation for (future) use of algae and algal extracts as plant protection products. Such use is emerging and is under research.

REACH is a general framework for all kinds of (bulk) chemicals. It is a general regulation also relevany e.g. for algal biomass or algal extracts.

Regulation (EU) 2019/1009 of the European Parliament and of the Council of 5 June 2019 laying down rules on the making available on the market of EU fertilising products and amending Regulations (EC) No 1069/2009 and (EC) No 1107/2009 and repealing Regulation (EC) No 2003/2003 EU 2019/1009

Purpose: Establishes harmonised rules for the manufacturing, marketing, and use of fertilising products in the EU, ensuring quality, safety, and environmental protection.

Main Objectives: Unify and update rules for fertilising products, including fertilisers, soil amendments, and plant biostimulants. Facilitate intra-EU trade and reduce legal uncertainty by replacing fragmented national regulations. Ensure high standards for human, animal, and plant health, as well as environmental safety.

Notable Clauses:

• CE marking requirement for compliant products, demonstrating conformity with EU standards.
• Mandatory labelling with minimum information (functional category, components, safety precautions, etc.).
• Harmonised limit values for contaminants (e.g., cadmium) to protect health and the environment.
• Conformity assessment procedures for manufacturers, including EU declarations of conformity.

Legal Status: EU regulation—directly applicable and compulsory in all member states (no national transposition required).

Previous Regulation: Replaced Regulation (EC) No 2003/2003.

Delegated Acts / Subregulation:

• Annexes I and II define technical requirements for component materials and product categories.
• Member states may maintain or adopt additional provisions for environmental or health protection, provided they do not conflict with EU 2019/1009.
• there is a very informative FAQ document

Inclusion in Scope: Algal products used as plant biostimulants, soil amendments, or fertilisers are subject to this regulation if placed on the EU market. Specific Mention: Algae are explicitly named as CMC 2 and CMC 4 together with plant material and mushrooms; cyanobacteria is explicitly excluded; algal extracts, biostimulants, and biofertilisers derived from algae are covered as “fertilising products” if they meet the functional criteria in Annex I or II.

Why It Matters:

• Ensures market access for algal-based fertilising products across the EU, provided they comply with safety and labelling requirements.
• Supports the sustainable use of algae in agriculture, aligning with EU goals for the circular economy and reduced chemical inputs.
• CE marking and conformity assessment provide consumer and farmer confidence in algal product quality and safety.

Special Clauses: None specific to algae, but the regulation’s focus on contaminant limits (e.g., cadmium) and environmental safety is particularly relevant for algal products used in organic or sustainable agriculture.