Italy Adds Chemical Controls To Biogas Residue Rules

Italy has brought new chemical-content and documentation conditions into force for residues admitted to biogas and biomethane plants. Law 202/2026, published on 9 November and effective from 10 November, also extends the route to qualifying residues from agricultural-product processing for biofuels, biomolecules and biomaterials.

The change affects residue producers and plant operators using the by-product route in Article 1-decies of Decree-Law 63/2026. It was introduced through the conversion of Decree-Law 157/2026.

Which Residues Qualify

The existing provision covered residues from food-industry production processes. The amendment adds residues from processing or valorising agricultural products for biofuels, biomolecules and biomaterials where they have equivalent qualitative characteristics.

Admission still depends on meeting all the by-product conditions in Article 184-bis of Legislative Decree 152/2006. The amended text additionally requires that residues contain no hazardous chemical substances within the meaning of REACH and that their production process does not release those substances.

Evidence From Residue Producers

The producer must make documentation demonstrating compliance available to the plant operator. This includes characterisation of the production process and the substances used, under the framework referenced in Ministerial Decree 264/2016.

The new conditions therefore apply to the residue and its production process; the expansion does not give every residue from the listed industries automatic by-product status.

Digestate Conditions Remain

Use of the residues is conditional on the resulting digestate meeting the limits in Annex IX, Part B of the Ministerial Decree of 25 February 2016. The current consolidated provision also retains notification and other requirements for agronomic use. Digestate qualifies as a by-product only where its producer demonstrates compliance with Article 184-bis.