Agricultural biogas in the Act on Renewable Energy Sources: definition, permitted substrates and what does not count

Agricultural biogas within the meaning of the Act on Renewable Energy Sources is gas obtained in the process of methane fermentation solely of substrates from the closed list in Article 2(2): agricultural products and agricultural by-products (including animal manure), products from agri-food processing and several other categories. Biogas from municipal waste, from landfills and from most wastewater treatment substrates is excluded from the definition. Registration with KOWR, support and the risk of removal from the register depend on this list.

List of substrates under Article 2(2)

According to the 2024 consolidated text, agricultural biogas arises from the fermentation of:

What the definition does not cover

• biogas from municipal waste,
• biogas from landfills,
• biogas from substrates originating from wastewater treatment plants, other than those listed in point (b).

This gas is still "biogas" within the meaning of Article 2(1) (gas from biomass, in particular from installations processing animal or plant waste, wastewater treatment plants and landfills), but not "agricultural".

Consequences for the register and support

• KOWR register. A producer of agricultural biogas is obliged to use only substrates from Article 2(2) and to keep documentation of the quantities and types of all substrates. For waste from on-site wastewater treatment plants of agri-food processing, the documentation states the waste code with an additional marking confirming that it comes solely from the processing of agricultural products.
• Support. Auctions and other instruments for energy from agricultural biogas require a declaration that no substrates from outside the list were used.
• Removal. A breach of the obligation to use only substrates from Article 2(2) is grounds for a decision prohibiting the activity and removal from the register; the installation may serve this activity again after three years at the earliest. KOWR passes information about substrates from outside the list to the President of URE.
• Other routes. "Ordinary" biogas goes to the register of small installations or — in the case of biomethane — to the register of biogas producers kept by URE.

Examples from practice

What to do first

1. Draw up a list of all feed deliveries stating the waste code and the supplier.
2. Compare each item with points (a)–(f) of Article 2(2).
3. For waste from on-site treatment plants, confirm the separation of effluents and the marking in the documentation.
4. Before changing the feed recipe, consult on the legal consequences — a change of substrate may change the status of the biogas.

The most common doubts

• Do energy crops count? Yes: maize silage, grass or other plants are agricultural products under point (a).
• What about slaughterhouse waste? It may enter as waste or residues from the processing of products of agricultural origin (point (b)), but requires separate analysis and compliance with the rules on animal by-products (Regulation (EC) No 1069/2009) — a regime separate from the Act on Renewable Energy Sources.
• What about kitchen and catering waste? The boundary is set by the status of the waste and the source of origin; municipal waste is excluded by definition, so it requires careful classification.
• Does digestate matter for the definition? No, but its quantity must be shown in the report as a by-product.

Agricultural biogas versus "ordinary" biogas — what changes in practice

This text is for information purposes and does not constitute legal advice; before an investment or formal decision, check the current wording of the regulations and consult a lawyer or the competent authority.