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

The competent government may transfer the obligation to dispose of animal by-products to licensed, private-law businesses for the commercial disposal of animal by-products.

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

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 some Category 2 material is regulated by the Animal By-products Disposal Act (TierNebG), which stipulates a disposal obligation as well as a collection, reporting and delivery obligation, meaning that these materials may only be delivered to certain specified businesses. In Bavaria, the disposal obligation is the responsibility of the districts and independent cities, which have formed special-purpose associations for this purpose and operate the processing plants for Category 1 material themselves for the most part. There are currently five Category 1 processing plants in Bavaria, most of which are former rendering plants.

This public-law task can be transferred 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 company 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 sentence 1 that arise outside the catchment area of the processing plant, the incineration plant or the co-incineration plant in return for an appropriate fee that takes into account the costs and income.

• 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

Please consult the responsible government.

As a rule, the company to which the obligation pursuant to Section 3 (3) TierNebG is to be transferred is determined by the body responsible for disposal (award of contract following a successful tender).

According to Section 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 business/plant meets the requirements for the disposal of animal by-products under the applicable law and it is ensured that these requirements are also met during operation.
  

There is no legal entitlement to transfer.

Please enquire with your local government

§ Section 3 para. 3 TierNebG does not prescribe an application procedure.
The competent authority decides on the initiation of a procedure at its own discretion, see Art. 22 BayVwVfG.
The government can initiate a procedure, for example, if the body responsible for disposal notifies the award of the contract following a successful tender.
The private-law company that will operate the respective facility 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.

Individual case decision: 10 - 5000 EUR

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