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

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

Description

Animal by-products shall be disposed of as waste by incineration or co-incineration and landfill 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 into biogas, and used to produce organic fertilisers or soil improvers and spread on land. Processing for the production of feed for farm animals, fur animals and pet food is permitted from Category 3 material, subject to 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 joined together to form special-purpose associations for this purpose and for the most part operate the processing plants for Category 1 material themselves. There are currently five Category 1 processing plants in Bavaria, most of which are former rendering plants.

The transfer of this task under public law can take place according to § 3 Abs. 3 S.1 TierNebG to a natural or legal person under private law. 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 competent government has delegated the disposal obligation to it.

The competent government may require a processing plant, an incineration plant or a co-incineration plant to allow, on a temporary basis and for an appropriate fee taking into account the costs and benefits, 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 are produced outside the catchment area of the processing plant, incineration plant or co-incineration plant.

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 following invitation to tender).

According to § 3 Para. 3 TierNebG, these transfers can be made to a natural or legal person 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 establishment/plant complies with the requirements under the applicable law for the disposal of animal by-products and it is ensured that these requirements are also complied with during operation.

There is no legal entitlement to transfer.

Procedure

Please enquire with the locally competent government.

Section 3 (3) TierNebG does not prescribe an application procedure.
The competent authority decides on the initiation of proceedings at its own discretion, cf. Art. 22 BayVwVfG.
This authority may, for example, initiate proceedings if the body liable for disposal notifies the award of the contract after the invitation to tender has been issued.
The private-law company which 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 takes place by way of a loan.

Deadlines

Timely consultation with the relevant 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

Fees

  • Decision in individual cases: EUR 10 - 5000

    The decision on costs is based on Art. 1, 2 and 6 of the Law on Costs (KG) in conjunction with 7.IX.14/No. 1.19 of the Schedule of Costs.

Remedy

Administrative court proceedings; information

administrative claim

Status: 30.06.2021

Responsible for editing: Bayerisches Staatsministerium für Umwelt und Verbraucherschutz

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