Animal by-products; transfer of disposal obligation and obligation to allow joint use

The competent government may transfer the obligation to dispose of animal by-products to approved establishments under private law for the commercial disposal of animal by-products.


Animal by-products are to be disposed of as waste by incineration or co-incineration as well as landfilling or used as fuel. The production of derived products is possible under certain conditions that guarantee safe processing. In addition, Category 2 material may be composted or converted to biogas, and used to produce organic fertilizers or soil improvers and applied to land. Processing for the production of feed for livestock, fur animals and pet food is permitted from Category 3 material with restrictions

The directly applicable Regulation (EC) No. 1069/2009 with the implementing Regulation (EU) No. 142/2011 obliges the Member States to properly dispose of so-called animal by-products (Category 1 to 3 material). In Germany, the disposal of Category 1 material and, in part, Category 2 material is regulated by the Animal By-products Disposal Act (TierNebG), which stipulates an obligation to dispose of the material, as well as an obligation to collect, report and deliver it, so that these materials may only be delivered to certain specified establishments. In Bavaria, the obligation to dispose of waste is incumbent on the administrative districts and independent cities, which have formed special-purpose associations for this purpose and for the most part operate the processing plants for Category 1 material themselves. There are currently five processing plants for category 1 material in Bavaria, most of which are former rendering plants.

The transfer of this task under public law can be made to a natural or legal person under private law in accordance with Section 3 (3) Sentence 1 TierNebG. The governments are the competent authorities for this (§ 3 Para. 2 No.1 GesVSV).

The commercial disposal of animal by-products may only be carried out by an approved establishment if the disposal obligation has been transferred to it by the competent government.

The competent government may oblige a processing plant, an incineration plant or a co-incineration plant to temporarily permit the shared use of the plant or facility for the processing or disposal of the animal by-products or derived products referred to in paragraph 1, first sentence, which arise outside the catchment area of the processing plant, the incineration plant or the co-incineration plant, in return for reasonable payment, taking into account expenditure and revenue.


Please consult the responsible government.

As a rule, the business to which the duty is to be transferred in accordance with § 3 Para. 3 TierNebG is determined by the body responsible for disposal (award of contract after invitation to tender has been issued).

According to § 3 Para. 3 TierNebG, these transfers can be made to a natural person or legal entity under private law for the

  • operation of a processing plant, an incineration plant or a co-incineration plant,
  • with their consent to the transfer of the disposal obligation to the respective extent,
  • if there are no overriding public interests to the contrary, the plant / facility complies with the requirements under the applicable law for the disposal of animal by-products and it is ensured that these requirements are also met during operation.

There is no legal entitlement to transfer.


Please inquire with the locally responsible government

§ Section 3 (3) TierNebG does not prescribe an application procedure.
The competent authority decides on the initiation of a procedure at its own discretion, cf. Art. 22 BayVwVfG.
The authority can, for example, initiate a procedure if the body obliged to dispose of the waste notifies it that it has been awarded the contract after the invitation to tender has been issued.
The private-law company that becomes the operator of the respective plant declares its consent to the transfer of the disposal obligation to the government. The transfer of the disposal obligation shall be effected by way of a loan.


Timely consultation with the appropriate government is required.

Processing time

Processing time depends on the individual case.

Required documents

  • Tendering procedure of the body responsible for disposal

  • Commercial register entry

  • Declaration of consent to the transfer of the disposal obligation

  • Technical information on capacities and conversions


  • Individual case decision: 10 - 5000 EUR

    The decision on costs regarding the fees is based on Art. 1, 2 and 6 of the Cost Law (KG) in connection with 7.IX.14/No.1.19 of the Cost List.


Administrative court proceedings; information

administrative claim


Responsible for editing:Bayerisches Staatsministerium für Umwelt und Verbraucherschutz

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