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.
Description
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 § 3 Para. 3 S.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 the first sentence of paragraph 1 which arise outside the catchment area of the processing plant, the incineration plant or the co-incineration plant, in return for reasonable remuneration, taking into account the expenditure and revenue involved.
Prerequisites
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.
Procedure
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 to the government that it consents to the transfer of the disposal obligation. The transfer of the disposal obligation shall be effected by way of a loan.
Deadlines
Timely consultation with the appropriate government is required.
Processing time
Processing time depends on the individual case.
Required documents
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Tendering procedure of the body responsible for disposal
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Commercial register entry
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Declaration of consent to the transfer of the disposal obligation
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Technical information on capacities and conversions
Fees
Individual case decision: 10 - 5000 EUR
The cost decision 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.
Links to more information
Status: 30.08.2022
Responsible for editing: Bayerisches Staatsministerium für Umwelt und Verbraucherschutz
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