Biostimulants legislation

On 11th April 2022 the decree n°30/2022 was published in the Diário da República, 1.ª série, n.º 71/2022. This amendment of the national fertiliser law reflects the adaptation of national law to the European Fertiliser Regulation of 5 June 2019. The new law came into force on April 12, 2022, revoking Decree N°103/2015.

The new Decree 30/2022 maintains the obligation that non-harmonized fertiliser materials can only be placed on the national market after registration prior to marketing with the "National Register of Non-Harmonized Fertiliser Materials" (Registo Nacional de Matérias Fertilizantes Não Harmonizadas) and establishes that the DGAE (Directorate General for Economic Acitivities) is the Competent Authority to carry out the registration.

Ordinance n°185/2022 of 21 July 2022 was established in the Diário da República, 1st series, n°140/2022, which approves the types of non-harmonised fertiliser materials, defines the types of raw materials that can be used in its production and establishes the requirements for placing it on the market. This ordinance applies Decree 30/2022 and thus completes the new legal framework applicable for placing fertiliser materials on the market.

Non-harmonized fertilizing materials (identified as fertilizing materials that are not EU fertilising products (matérias fertilizantes que não são produtos fertilizantes UE) may only be placed or made available on the national market if they belong to any of the types specified in Annex I of Ordinance No. 185/2022, of 21 of July, and meet all the requirements set out in this document, which includes the obligation to register them in the «National Register of Non-Harmonized Fertilizing Materials», prior to their placing on the market.