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Promulgation of consolidated version in Federal Law Gazette
The Ordinance on the Utilisation of Biowastes on Land used for Agricultural, Silvicultural and Horticultural Purposes (Ordinance on Biowastes – BioAbfV) of 21 September 1998 was amended in April 2012 (see also Ordinance amending the Ordinance on Biowastes, the Ordinance on the Disposal of Animal By-Products and the Fertiliser Ordinance of 23 April 2012, as promulgated on 27 April 2012 in the Federal Law Gazette, BGBl. I page 611). The amendments to the BioAbfV entered into force on 1 May 2012; Article 9a (approval requirement for handing over certain biowastes for recycling) and Annex 4 (obligatory form for delivery note) did not enter into force until 1 August 2012. Due to the amendments to the Closed Cycle Management Act, Article 13 BioAbfV (Administrative offences) was amended and entered into force on 1 June 2012.
Owing to the comprehensive amendments in 2012 and in consideration of the amendments made in 1998, the consolidated version of the BioAbfV in force as of 1 August 2012 was promulgated in the Federal Law Gazette of 8 April 2013 (see Promulgation of amended Bio Waste Ordinance of 4 April 2013, BGBl. I page 658).
Amendments to the Ordinance on Biowastes
The BioAbfV of 1998 needed to be adapted owing to new and revised EU provisions on animal by-products and fertilisers, experience gained since the BioAbfV entered into force and new findings on the hygienisation of biowastes.
The decisions of the 67th Conference of Environment Ministers (UMK) on 26/27 October 2006 and the Conference of Agricultural Ministers (AMK) on 29 September 2006 were also considered. In these decisions, the German government was asked to review in how far an amended BioAbfV could guarantee that mixed wastes for reuse in agriculture only consist of components that can each be individually traced back to their place of origin and assessed as safe within the meaning of the ordinance. The reason for these decisions was the application of mixed wastes containing surface active agents (PFTs).
The main changes to the BioAbfV are
- revision of Annex 1 which includes the list of the types of bio-waste generally suitable for utilisation on land and of other suitable materials. The list was adapted to the provisions of Regulation (EC) No 1069/2009 and the list of substances of the Fertiliser Ordinance.
- the revision of Annex 2 with regard to the requirements concerning infectious diseases and plant health based on a proposal for revision from an expert working group commissioned for this purpose. Special consideration was given to research findings and experience with digesters and biogas facilities. The revision also includes provisions facilitating the operation of digestion plants.
- an update of Annex 3 with requirements for the methodology regarding standards, manuals and instructions.
- new Annex 4 introducing a uniform binding delivery note
- The provisions of the BioAbfV have been adapted to these changes accordingly. Furthermore, amendments were incorporated which had arisen from the decisions taken by the UMK and AMK. These included in particular the requirement for approval of the authorities competent for handing over certain biowastes for recycling and provisions on obligations to provide documentation and proof. Less stringent obligations regarding documentation and providing proof are planned for members of quality assurance associations – just as in the BioAbfV in force previously – to promote the use composts, fermentation residues and mixtures with assured quality.