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.
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