Animal by-products-Elimination Act (TierNebG)

Unofficial table of contents

Animal NebG

Date of completion: 25.01.2004

Full quote:

" Animal by-products-Elimination Act of 25 January 2004 (BGBl. 82), as last amended by Article 2 (91) of the Law of 22 December 2011 (BGBl I). I p. 3044)

Status:

Last amended by Art. 2 Abs. 91 G v. 22.12.2011 I 3044

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof: 29.1.2004 + + +) 
(+ + + Official note from the norm-provider on EC law: 
 Implementation of the 
 EGV 1774/2002 (CELEX Nr: 32002R1774)  § 1 of the V + + +) 

  

The G was referred to as Article 1 (d). G. v. 25.1.2004 I 82 approved by the Bundestag with the consent of the Bundesrat. It's gem. Art. 6 (1) of this G mWv 29.1.2004 entered into force. Unofficial table of contents

§ 1 Scope

This Act is for the implementation of Regulation (EC) No 1774/2002 of the European Parliament and of the Council of 3 June 2002 on the implementation of Regulation (EC) October 2002 laying down the health rules for animal by-products not intended for human consumption (OJ L 327, 30.12.2002, p. EC No 1), as last amended by Regulation (EC) No 777/2008 of 4 August 2008 (OJ L 73, 27.3.2008, p. 9), and the acts of the European Community or of the European Union that have been adopted in order to implement them. Unofficial table of contents

§ 2 Jurisdiction

The implementation of the acts referred to in § 1 of the European Community or of the European Union, of the provisions of this Act and of the legislation adopted pursuant to this Act, shall be the responsibility of the competent authorities of the Member States. State authorities, in the field of the Bundeswehr, the relevant services of the Bundeswehr, unless otherwise stipulated by law. Unofficial table of contents

§ 3 Obligon for processing and disposal

(1) The bodies of public law which are competent under national law (disposal only) shall, to the extent provided for in Regulation (EC) No 1774/2002, have animal by-products.

1.

of category 1 within the meaning of Article 4 (1) of Regulation (EC) No 1774/2002, or

2.

category 2 within the meaning of Article 5 (1) of Regulation (EC) No 1774/2002, with the exception of milk, colostrum, manure and stomach and intestine content,

, to collect, collect, transport, store, treat, process or eliminate the conditions for collection, collection, transport, storage, treatment, processing and disposal. They shall be obliged, subject to § 4 and without prejudice to Article 24 of Regulation (EC) No 1774/2002, to apply the

1.

Category 1 material in accordance with Article 4 (2) and (3) of Regulation (EC) No 1774/2002,

2.

Category 2 material, other than milk, colostrum, manure and stomach and intestine content, as referred to in Article 5 (2) and (3) of Regulation (EC) No 1774/2002,

to collect, collect, transport, store, treat, process and eliminate. You may use third parties for the performance of this obligation. The second sentence shall also apply to animals living in wild animals, provided that the competent authority arranges for processing and disposal. (2) The competent authority may, after consulting the removal of a natural or legal person, Private law, which operates a processing plant, an incineration plant or a co-incineration plant, for the material referred to in the first sentence of paragraph 1, the duty to collect, collect, transport, store, treat, process or Transfer of animal by-products, to the extent that:

1.

are not contrary to overriding public interests,

2.

the processing plant, the incineration plant or the co-incineration plant fulfils the conditions laid down in Articles 12 to 14 of Regulation (EC) No 1774/2002 for the particular type of processing; and

3.

it is ensured that the other provisions of Regulation (EC) No 1774/2002, of this Act and of the legislation adopted pursuant to this Act are complied with.

The transmission can be carried out in whole or in part. In the case of a partial transfer, it may be accompanied by the requirement that the processing plant, the incineration plant or the co-incineration plant collect, collect, transport, store, store, store and store the material obtained in an area, be processed or disposed of, provided that the public interest so requires. There is no legal right to transfer. (3) The competent authority may require processing operations, the incineration plant or the co-incineration plant to take account of an appropriate fee, with regard to the cost and the yield, any other, temporarily, the use of the holding for the processing or disposal of the material referred to in the first sentence of paragraph 1 which is outside the area of operation of the processing establishment, the incineration plant or the co-incineration plant, to the extent that it can reasonably be expected and the removal of the material is not appropriate or can only be processed or eliminated with significant additional costs. Where agreement on remuneration is not reached, it shall be determined by the competent authority. (4) Insofar as and as long as the processing plant, the incineration plant or the co-incineration plant has been transferred to the activities referred to in paragraph 2 , this establishment or installation shall be subject to a disposal obligation within the meaning of this Act, unless otherwise specified in the following. To the same extent, the obligation to be removed under the first sentence of paragraph 1 shall be released from its obligation. Unofficial table of contents

§ 4 Exceptions

The competent authority may authorise exceptions to § 3 (1) sentence 1 and 2

1.

for animal by-products, which

a)

for diagnostic, teaching and research purposes, or

b)

for the preparation of animal carcasses and parts of the body in installations approved in accordance with Article 18 of Regulation (EC) No 1774/2002

shall be used,

2.

for the feeding of Category 2 material within the meaning of Article 5 (1) of Regulation (EC) No 1774/2002, provided that it originates from animals which have not been or have been killed on the basis of a disease communicable to humans or animals, to animals referred to in Article 23 (2) (c) of Regulation (EC) No 1774/2002.

In addition, the competent authority may grant derogations from Article 6 (2) and (3) of Regulation (EC) No 1774/2002 for Category 3 material within the meaning of Article 6 (1) (a) to (j) of Regulation (EC) No 1774/2002 and-subject to the Article 22 of Regulation (EC) No 1774/2002, of Article 6 (1) (l) of Regulation (EC) No 1774/2002, which is fed to the animals referred to in Article 23 (2) (c) of Regulation (EC) No 1774/2002 or to those referred to in the first sentence of the first subparagraph of Regulation (EC) No 1774/2002. shall be used. Unofficial table of contents

§ 5 sampling

(1) In so far as it is necessary for the implementation of the directly applicable legal acts referred to in § 1, the provisions of this Act and the legislation adopted pursuant to this Act, the authorities responsible under national law shall be responsible for: authorised to take samples of the material for the purpose of the investigation into the disposal of the material for disposal or to request it for the purposes of the investigation. (2) For samples taken in the framework of official supervision under this Act, the following shall be taken: no compensation. Unofficial table of contents

§ 6 Catchment areas

(1) Countries shall determine the catchment areas within which to collect, collect, transport, store, treat, and treat the material referred to in Article 3 (1) sentence 1 in accordance with the provisions of Regulation (EC) No 1774/2002. (2) Countries may also determine that the material referred to in § 3 (1) sentence 1 shall also be used in processing plants, incineration plants or co-incineration plants outside the catchment area referred to in paragraph 1 shall be treated, processed or disposed of. Unofficial table of contents

§ 7 Reporting obligation

(1) The owner shall immediately report to the disposal obligation, in whose catchment area the material referred to in § 3 (1) sentence 1 is incurred, if the material has been incurred. (2) The notification shall not be required if:

1.

the material referred to in Article 3 (1), first sentence, shall be collected on a regular basis;

2.

animals have been killed or their disposal has been ordered by the authorities,

3.

is a material within the meaning of Article 3 (1), first sentence, No. 2, which is to be fed to the animals referred to in Article 23 (2) (c) of Regulation (EC) No 1774/2002,

4.

expired animals shall be delivered by the owner in the case of the removal of the animals,

5.

Animals which have been killed or killed for diagnostic purposes shall be transferred to a national investigative body or to an investigative body designated by the competent authority,

6.

the disposal of dead pet animals is permitted by burial.

(3) strangers or herrenless bodies of livestock, game, dogs or cats are,

1.

if they're on a plot of land, from the land owner,

2.

when they are on public roads or squares, from the road-building load carrier,

3.

if they are to be found in waters from which to entertain food

(4) The owner of the material referred to in the first sentence of § 3 (1) has to be left to the disposal of the material to be eliminated. Unofficial table of contents

§ 8 Obligation obligation

(1) In accordance with the provisions of Article 7 (1), (2) and (5) of Regulation (EC) No 1774/2002, the material referred to in the first sentence of Article 3 (1) of Regulation (EC) No 1774/2002 shall immediately collect, collect, transport and store the material referred to in Article 3 (1), second sentence, and the The first sentence shall not apply to the animals referred to in Article 7 (2) (4) and to small pets from private households, with the exception of dogs and cats. (2) The material responsible for disposal shall also be subject to the material referred to in Article 3 (1) sentence 1, provided that: (3) In the case of collection, the owner shall have the material referred to in § 3 (1), first sentence, of the material referred to in Article 3 (1) to issue. In addition, it shall support the removal of disposal obligations free of charge, in particular in the case of the use of animal by-products from particularly traffic-unfavourable terrain to the next accessible road. Unofficial table of contents

§ 9 Abdelivery obligation

(1) Insofar as processing and disposal of the material referred to in § 3 (1) sentence 1 is prescribed and a collection obligation pursuant to § 8 does not exist, the owner of animal by-products shall be obliged to do so in the case of one of the (2) The obligation referred to in paragraph 1 shall not apply where the processing plant is subject to the Owner has ensured that the disposal of the animal By-products pick up. Unofficial table of contents

§ 10 retention obligation

Until collection by means of disposal or until delivery, the owner shall have the material referred to in Article 3 (1), first sentence, separately in accordance with the categories set out in Regulation (EC) No 1774/2002 and separately from others. to store waste and protected from weather conditions in such a way as to prevent unauthorised persons and animals from coming into contact with this material. Animals which have been killed or killed must not be skinned, opened or dismantled during this period. After collection, the owner shall immediately clean and disinfect the containers or premises in which the material referred to in Article 3 (1), first sentence, has been retained. The prohibition laid down in the second sentence shall not apply to the disassembly by the official veterinarian or the official veterinarian, or, in the case of his or her prevention, by a representative other veterinarian or by another veterinary surgeon. Unofficial table of contents

§ 11 Fee increase

(1) The countries shall collect fees and levies for official acts in accordance with the directly applicable legal acts referred to in § 1, this Act and the legislation adopted pursuant to this Act. (2) The fees and charges referred to in paragraph 1 shall apply. chargeable facts as well as the fee level shall be determined by country law. Where legal acts are adopted by the European Community or by the European Union on the financing of veterinary and hygiene checks, they shall be taken into account in the assessment of fees. In the case of official acts carried out on a special request outside the normal service periods, the national law may provide for remuneration. (3) The countries shall regulate the extent to which and to what extent animal by-products, which are governed by this law (4) In the case of wrapped or packaged animal by-products, the person in which the animal by-products are by-products shall be subject to the payment of a fee. (4) The animal by-products shall be subject to the following conditions: , the costs of opening and removal of the wrapping, or Packaging. Unofficial table of contents

§ 12 Monitoring

(1) Compliance with the provisions of the directly applicable legal acts referred to in § 1, compliance with the provisions of this Act and the legal regulations issued pursuant to this Act, as well as those referred to in § 1 of this Act In the case of the Bundeswehr, the competent authorities in the Federal Armed Forces (Bundeswehr) shall be responsible for enforceable measures in force in accordance with the provisions of this Act, or in accordance with a legislative decree adopted pursuant to this Act. Federal Ministry of Defence, monitoring. (2) The following The competent authority of the country may, on a case-by-case basis, take the orders required to comply with the provisions of the directly applicable acts referred to in § 1, this law and the legal regulations adopted pursuant to this Act. are required. This shall also apply after the authorisation of a processing establishment, an incineration plant or co-incineration plant, an intermediate treatment operation, storage operation, grease processing operations, pet food operations, technical operations or a biogas or composting plant. (3) Natural and legal persons and non-legal persons ' associations shall, at the request of the competent authorities, provide the competent authorities with the information necessary for the implementation of the provisions of this Act by the authorities; or required under this Act . A person responsible for providing information may refuse to answer such questions, the answers to which they themselves or one of the members of the civil procedure referred to in § 383 (1) (1) to (3) of the Code of Civil Procedure of the risk of criminal prosecution or of a person who is liable for prosecution (4) persons appointed by the competent authority as well as experts of the Member States and the European Commission under their supervision may be subject to the law of the Member States. (1) and (2) land, commercial buildings, business, operating and Enter storage rooms and means of transport during business and operating hours, carry out inspections there and inspect and verify business documents. (5) The competent authority responsible for carrying out the monitoring Within the scope of their order, persons may enter land, commercial buildings, commercial, operating and storage rooms as well as means of transport during their business and operating hours, and carry out investigations there. On request, animal by-products shall be left to the authorised persons for examination. (6) In order to prevent urgent threats to public security and public order, the persons referred to in paragraphs 4 and 5 shall be entitled to land, Economic buildings, commercial premises, operating rooms and storage rooms as well as means of transport also enter outside of business and operating hours; the fundamental right of inviolability of the flat (Article 13 of the Basic Law) is restricted to this extent. (7) The The person or the owner has the measures in accordance with the Paragraphs 4 to 6 shall be allowed to support the persons responsible for these measures and, at their request, to submit the business documents. Unofficial table of contents

§ 13 authorisation to enact legal orders

(1) The Federal Ministry of Food, Agriculture and Consumer Protection (Federal Ministry) is authorized, in agreement with the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety, with the consent of the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety. Federal Council, insofar as this is necessary for the implementation or implementation of the acts referred to in § 1 or this law or the acts referred to in § 1 do so, and do not preclude concerns of the control of the disease,

1.

Rules to be adopted on:

a)

the establishment, operation and approval of processing plants, incineration plants, co-incineration plants, intermediate treatment plants, warehorns, grease processing plants, petfood processing plants, technical plants, biogas or composting plants, the methods to be used in them and the manufacture of the products and the supply of the products produced;

b)

the management, presentation and retention of evidence of the reporting, origin, nature and quantity of the material delivered, as well as the nature and quantity of the products produced,

c)

the feeding of animal by-products,

d)

the collection, collection, identification, transport, storage, treatment, processing and disposal of animal by-products,

e)

the more stringent requirements placed on the burial of animal by-products, in particular with regard to the protection of the natural environment;

2.

require that the products produced may only be used for specific purposes,

3.

an authorisation requirement for the procedures to be applied in processing plants, fat processing plants, petfood processing plants, technical plants, biogas or composting plants and proof of sufficient efficacy and to prescribe the reliability of such procedures,

4.

require an authorisation requirement for the use of Category 1 or 2 material for teaching and research purposes,

5.

to prohibit or restrict the placing on the market, intra-Community movement, importation and exportation of animal by-products, in particular:

a)

an application, a permit, a place of contact with the competent authority or an investigation;

b)

the requirements under which the products produced are manufactured, stored, treated, delivered or transported;

c)

compliance with the requirements for means of transport with which the products produced are transported,

d)

the submission or monitoring of certain certificates or

e)

a specific marking

depending on the situation,

6.

to regulate the issue of certificates referred to in point 5 (d);

7.

to regulate the procedure, including jurisdiction, in particular the investigation, and to prescribe the necessary facilities and their operations,

8.

for certain animal by-products, derogations from § 3 (1) sentences 1 and 2.

(2) Legal orders referred to in paragraph 1 may be adopted without the consent of the Federal Council

1.

in the case of danger in the case or

2.

if it is required to enter into force without delay in order to implement or implement the acts referred to in paragraph 1

and its duration shall be limited to a maximum period of six months. Your period of validity can only be extended with the consent of the Federal Council. (3) The Federal Ministry is authorized to do so by means of a legal regulation without the consent of the Federal Council

1.

to amend the provisions of Regulation (EC) No 1774/2002 in so far as it is necessary to adapt them to changes in these provisions,

2.

provisions of this Act, or to adapt it in its wording to a remaining area of application, in so far as it is provided for by the adoption of appropriate provisions in direct acts of the European Community or of the European Community The European Union has become inapplicable.

Unofficial table of contents

Section 14 Penal rules

(1) Contrary to the law, those who intentionally or negligently act

1.

an enforceable arrangement in accordance with § 3 (3) sentence 1 or § 12 (2) sentence 1,

2.

shall be contrary to a fully-enforceable condition connected with an authorisation pursuant to § 4;

3.

Contrary to § 8 (3) sentence 1, a material referred to in the first subparagraph shall not be released, not correct or not in time,

4.

Contrary to Article 9 (1), an animal by-product is not delivered, not properly or not in good time,

5.

Contrary to § 10 sentence 1, a material is not retained, not correct or not for the prescribed duration,

6.

Contrary to § 10 sentence 2, an animal hides, opens or dissects an animal,

7.

Contrary to the provisions of Article 10, sentence 3, a container or a locality is not, or is not properly or not purposefully, cleaned, not properly or not disinfected in good time,

8.

in accordance with Article 13 (1) (1) (a), (c) or (d) or (d) or (2) to (4) or (5) (a), (b) or (c) or (c) or (7), or of a enforceable order, by virtue of such a regulation, to the extent that it is certain facts refer to this fine, or

9.

of a directly applicable provision in legal acts of the European Community or of the European Union which is in accordance with the content of a system to which the provisions referred to in point 8 authorise, to the extent that: The legal regulation referred to in paragraph 4 refers to this fine for a certain amount of the offence.

(2) Contrary to the law, who intentionally or negligently

1.

Contrary to Section 7 (1) or (3), it does not make a notification, not correct or not in time,

2.

Contrary to Section 8 (3) sentence 2, it is not or not properly supported,

3.

Contrary to Section 12 (3) sentence 1, information is not provided, not correct, not complete or not in good time,

4.

does not tolerate a measure, does not support a person, or does not submit a document in good time, contrary to § 12 (7),

5.

in accordance with Article 13 (1) (1) (b) or (e) or (e) or (5) (d) or (e), or of a enforceable order pursuant to such a decree, to the extent that such a decree is applicable to a particular event; the provision of a fine, or

6.

of a directly applicable provision in legal acts of the European Community or of the European Union which is in accordance with the content of a system to which the provisions referred to in point 5 authorise, to the extent that: The legal regulation referred to in paragraph 4 refers to this fine for a certain amount of the offence.

(3) In the cases referred to in paragraph 1, the administrative offence may be punishable by a fine of up to fifty thousand euros and, in the cases referred to in paragraph 2, with a fine of up to twenty thousand euros. (4) The Federal Ministry shall be authorized to it is necessary, in order to enforce the acts of the European Community or of the European Union, to designate, by means of a regulation without the consent of the Federal Council, the facts which are deemed to be an administrative offence under paragraph 1 (9) or (5) objects to which an administrative offence is committed. referred to in paragraphs 1 and 2, may be recovered. § 23 of the Law on Administrative Offences shall apply. Unofficial table of contents

Section 15 Definitions

For the terms used in this Act, the definitions in Article 2 (1) and Annex I to Regulation (EC) No 1774/2002 shall apply. Unofficial table of contents

Section 16 Transitional provisions

(1) Animal disposal companies according to § 4 in conjunction with Section 1 (1) (4) of the Animal Disposal Act as amended by the Notice of 11 April 2001 (BGBl. 523), which are lawfully operated at the date of entry into force of this Act, shall be deemed to be provisionally authorised within the meaning of Article 13 of Regulation (EC) No 1774 /2002. (2)

1.

in Section 6 (2) (2) of the Animal Health and Disposal Act as amended by the Notice of 11 April 2001 (BGBl. 523),

2.

Article 8 (2) (2) of the Animal Health and Disposal Act as amended by the Notice of 11 April 2001 (BGBl. 523),

3.

According to the Animal Feed Ordinance of 27 May 1993 (BGBl. 737), as last amended by Article 366 of the Regulation of 29 June 2008. October 2001 (BGBl. 2785), approved establishments,

lawfully operated at the date of entry into force of this law shall be deemed to be provisional pursuant to Articles 14, 17 and 18 of Regulation (EC) No 1774 /2002. (3) The provisional authorisation of the referred to in paragraphs 1 and 2 If not six months after the date of entry into force of this Act, establishments and plants shall not be granted the final approval pursuant to Regulation (EC) No 1774/2002 or, in the event of a timely application, with the entry of the Unquestionability of the decision on the application. (4) composting facilities as referred to in point 8.5 and Biogas plants as defined in point 8.6 of the Annex to the Regulation on installations in need of approval as amended by the Notice of 14 March 1997 (BGBl. 504), as last amended by Article 3 of the Regulation of 14 August 2003 (BGBl I). 1614), or composting plants and biogas plants with permission under construction law, which are lawfully operated at the date of entry into force of this Act, shall be deemed to have been provisionally authorised within the meaning of Article 15 of the Regulation (EC) No 1774/2002. The provisional authorisation shall be issued, if not six months after the entry into force of this Act

1.

the final authorisation granted in accordance with Article 15 of Regulation (EC) No 1774/2002, or

2.

the granting of temporary authorisation by 31 December 2004 in accordance with Article 15 of Regulation (EC) No 1774/2002, in conjunction with Commission Regulation (EC) No 809/2003 of 12 May 2003 on transitional measures pursuant to Regulation (EC) No 1774/2002 No 1774/2002 of the European Parliament and of the Council as regards the processing standards for Category 3 material and manure used in composting plants (OJ L 327, 31.12.2002, p. EU No 10), or Commission Regulation (EC) No 810/2003 of 12 May 2003 on transitional measures pursuant to Regulation (EC) No 1774/2002 of the European Parliament and of the Council as regards processing standards for material of the Category 3 and manure used in biogas plants (OJ L 327, 22.3.2004, p. EU No L 117 p. 12),

or, in the case of a timely application, the indisputable decision on the application. In the case of composting plants and biogas plants which have a temporary authorisation in accordance with the second sentence of sentence 2, this authorisation shall be granted on 1 January 2005, if not up to 1. (5) until the adoption of the final authorisation pursuant to Article 15 of Regulation (EC) No 1774/2002, or, in the event of a timely application, the granting of the final authorisation of the decision on the application. (5) State-of-the-art regulations for the implementation of § 3 (1), up to 1 January 2005, apply pursuant to Section 4 (1) of the Animal Health Insurance Act in the version in force until 28 January 2004 according to national law as defined by certain entities as (6) Up to the enactingof national law provisions in accordance with § 6, In accordance with § 15 (1) of the Animal Health Insurance Act, in the version valid until 28 January 2004 according to national law, the catchment areas are considered to be catchment areas within the meaning of this Act. (7) One Transfer of the disposal obligation in accordance with § 4 (2) of the Animal Health Insurance Act in the version valid until 28 January 2004 shall continue as a transfer in accordance with § 3 para. 2 of this law. (8) Until the enactment of national law provisions according to § 11 Par. 1 to 3, not later than 1 January 2005, shall apply to charges and expenses (fees and expenses) on the basis of Article 16 (1) of the Animal Health Insurance Act, which is applicable in the version in force until 28 January 2004, the provisions on charges and costs are adopted. Unofficial table of contents

Section 17 Notices

By way of derogation from § 2 (1) of the German Federal Gazette (Federal Gazette), legal orders under this Act may be announced.