Biowaste Ordinance
| Basic data | |
|---|---|
| Title: | Recycling of bio-waste on agricultural, forestry and horticultural soils |
| Short title: | Biowaste Ordinance |
| Abbreviation: | BioAbfV |
| Type: | Federal Ordinance |
| Scope: | Federal Republic of Germany |
| Legal matter: | Environmental law , waste law |
| References : | 2129-27-2-11 |
| Original version from: | September 21, 1998 ( BGBl. I p. 2955 ) |
| Entry into force on: | October 1, 1998 |
| New announcement from: | April 4, 2013 ( BGBl. I p. 658 ) |
| Last change by: |
Art. 3 VO of September 27, 2017 ( Federal Law Gazette I p. 3465, 3504 ) |
| Effective date of the last change: |
October 3, 2017 (Art. 8 of September 27, 2017) |
| Please note the note on the applicable legal version. | |
The Biowaste Ordinance (BioAbfV) deals with the recycling of biowaste on soils used for agriculture, forestry and horticulture. On the basis of Section 8 (1) and (2) of the Recycling and Waste Management Act of September 1994, the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety decreed two years later in agreement with the Federal Ministry of Food, Agriculture and Forestry and the Federal Ministry of Health after hearing the involved circles the Bio-Waste Ordinance.
For plant waste that cannot be recycled, the competent authorities in accordance with Section 28 (2) KrWG can, in individual cases, permit disposal by means of an administrative act or the state government in accordance with Section 28 (3) KrWG through statutory ordinance, under certain conditions, to permit disposal outside of waste disposal facilities by incineration .
Content of the regulation
The Biowaste Ordinance aims in 14 paragraphs and four annexes on the proper examination, treatment and recycling of biowaste and mixtures. It is aimed at waste disposal companies, producers, owners, handlers and manufacturers of biowaste and mixtures.
In § 2 the terms bio-waste , treatment, untreated bio-waste, treated bio-waste and mixtures are legally defined.
With the other regulations, the Biowaste Ordinance sets requirements for epidemic and phytosanitary harmlessness, pollutant limits, heavy metal content and foreign substances. Waste management companies and members of a quality association, such as B. the Bundesgütegemeinschaft Kompost ( BGK ), can obtain relief with regard to the verification documentation and the examination requirements. The obligation to provide evidence and documentation is generally 10 years and extends up to 30 years. The Biowaste Ordinance also sets differentiated restrictions, bans and requirements for the application of biowaste to agricultural, horticultural and forestry soils, permanent grassland, fields for cultivation of field forage and field vegetables and differentiates between the soil types clay, loam and sand.
There are no application obligations and exceptions for house, kitchen and allotment gardens, small areas and self-recyclers as well as for areas of application in which the Sewage Sludge Ordinance or other legal provisions apply.
In addition, the provisions of fertilizer law ( Fertilizer Ordinance ) and plant protection law remain unaffected.
News and outlook
After the scandalous findings of perfluorinated surfactants (PFT) in soil and water in 2006, demands are being raised about the tightening of the organic waste and fertilizer regulations. These aim to ensure that waste mixtures are only permitted for recycling, the starting materials of which can be traced back to the waste producer without any gaps.
In September 2006, at the request of North Rhine-Westphalia, the agriculture ministers of the federal states voted in favor of an amendment to the organic waste ordinance and the fertilizer ordinance .
In October 2006, on the initiative of the then Environment and Agriculture Minister of North Rhine-Westphalia , Eckhard Uhlenberg , the Environment Ministers' Conference in Berlin negotiated conditions to tighten the organic waste ordinance and the fertilizer ordinance.
The Federal Environment Ministry agreed to hold a federal-state conversation about changing the biowaste and fertilizer ordinance.
There are efforts in the European Union to install an EU-wide biowaste directive . On February 13, 2007, the European Parliament asked for the first reading of the amendment to the Waste Framework Directive to include the new Article 18e in the Waste Framework Directive. This calls on the European Commission to work out a proposal for an EU biowaste directive by June 30, 2008.
