An open conflict has erupted in the Hungarian used cooking oil collection market. While Biofilter Zrt., citing European Union legislation in a recent briefing, claims that cooking oil that has come into contact with animal-derived materials is now exempt from the state waste concession, the national concession company, MOHU, firmly denies this. According to MOHU, no legislative changes have occurred, Biofilter is intentionally misleading catering establishments, and the company is preparing to take legal action.
Biofilter’s Position: Animal Byproduct, Outside the Concession
Citing a need to clarify the regulatory environment for used cooking oil treatment, Biofilter informed its partners of what it considers to be altered regulations. According to the company’s interpretation of current EU rules, used cooking oil is classified in certain cases as a Category 3 animal byproduct.
The company states that this classification applies whenever the oil has come into contact with animal-derived food products or has been mixed with oil that has. This includes fats used for frying or stored together with:
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Meat
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Fish
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Eggs
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Dairy products
According to Biofilter’s interpretation, the primary consequence of this legal classification is that the affected used cooking oil does not fall under the scope of the state waste concession. Consequently, the company communicated to its partners that the collection and transport of such materials can only take place outside the concession system, directly through Biofilter Zrt., effectively reverting to the operational model that existed prior to the concession system.
Practical Steps and Legal Background According to Biofilter
The company advised catering establishments that they can request the service via email, phone, or their online platform by selecting the option “Used cooking fat containing animal fat or ingredient”. They specifically highlighted that the transport of these material streams does not entail additional data reporting obligations, though proper classification is essential for legal compliance.
Biofilter bases its position on the following specific EU and domestic legal acts:
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EC Regulation 1069/2009: States that catering waste qualifies as an animal byproduct and belongs to Category 3.
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EU Regulation 142/2011 and domestic implementation rules, which further detail this.
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Commission Regulation (EU) 2025/2181: According to Biofilter, this clarifies the regulation, explicitly establishing that used cooking oil containing animal-derived ingredients qualifies as the oil fraction of Category 3 catering waste.
MOHU’s Firm Rebuttal: Legal Action Over Misleading Information
In its official response, MOHU, the company exercising the domestic waste concession, sharply rejected Biofilter’s claims and stated on the record: the practice for collecting and transporting used cooking oil generated in the catering industry has not changed.
According to the concession company, the rumors circulating in the market are intentionally misleading catering establishments. In its statement, MOHU highlighted:
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Biofilter’s misleading communication openly contradicts the company’s own previous practices.
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There has been no change in legislation regarding the classification of cooking oil, neither in the European Union nor in Hungary.
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The classification of used cooking oil remains unchanged: in Hungary, this material stream continues to be considered concession waste.
Signaling the severity of the situation, MOHU announced that to ensure catering establishments receive accurate information and that cooking oil waste is properly recycled, it plans to take legal action in the matter against Biofilter.
At the end of its statement, MOHU also clarified that this dispute applies exclusively to institutional collection practices (catering and restaurants); the collection practices for residential cooking oil remain completely unchanged.
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