Advanced Search

Ordinance on the provision of financial services under the Atomic Energy Act

Original Language Title: Verordnung über die Deckungsvorsorge nach dem Atomgesetz

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

Regulation on the provision of financial security in accordance with the Atomic Energy Act (Ordinance-AtDeckV-Nuclear Safeguard Provisions)

Unofficial table of contents

AtDeckV

Date of completion: 25.01.1977

Full quote:

" Nuclear Cover Provisions-Regulation of 25 January 1977 (BGBl. I p. 220), as last amended by Article 2 (15) of the Law of 1 April 2015 (BGBl. I p. 434).

Status: Last amended by Art. 2 para. 15 G v. 1.4.2015 I 434

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 1.3.1977 + + +) 

Unofficial table of contents

Content Summary

First section: General provisions
Types of financial security § 1
Liability insurance § 2
Other financial security § 3
Scope of financial security § 4
Proof of financial security; communications and advertisements § 5
Requirements § 6
Second Section: Cover totals
Coverage sum and rule coverage sum § 7
Handling and transport § 8
Reactors § 9
Ship Reactors § 10
Other nuclear installations § 11
Decommissioning of installations § 12
Installations for the production of ionizing radiation § 13
(dropped) § 14
Application of radioactive substances to humans in medical research § 15
Determination of the coverage level in individual cases § 16
(dropped) § 17
Cover sum in case of multiple handling § 18
Rounding off the coverage total § 19
Third section: Final provisions
Transitional provision § 20
Berlin clause Section 21
entry into force Section 22
Unofficial table of contents

Input formula

On the basis of section 13 (3) and section 54 (1) and (2) of the Atomic Energy Act, as amended by the 31. October 1976 (BGBl. I p. 3053), with the consent of the Federal Council, the Federal Government decrees:

First section
General provisions

Unofficial table of contents

§ 1 Types of financial security

The provision of cover for installations and activities in which nuclear liability is contemplated in accordance with international treaties or under the Atomic Energy Act may be carried out by:
1.
civil liability insurance, or
2.
other financial security
shall be provided. The managing authority may allow several precautionary measures of the same or different types to be connected, in so far as this does not affect the effectiveness and the clarity of the security of financial security. Unofficial table of contents

§ 2 Liability insurance

(1) A liability insurance may only be provided for the provision of cover if it is taken in the case of an insurance undertaking authorised to operate the liability insurance scheme in Germany. For a cross-border carriage pursuant to § 4a of the Atomic Energy Act, it may also be operated by an insurance undertaking of a third country within the meaning of Section 105 (1) of the Insurance Supervision Act, which is responsible for the operation of the insurance company in its country of seat. Liability insurance shall be taken into account if, in addition to him, an insurance undertaking authorised in accordance with the first sentence or an association of such insurance undertakings takes over the obligations of a liability insurance company. (2) Provided that the Federal Government and the Countries which are obliged to provide financial cover for claims for damages The insurance contract in favour of the Federal Republic of Germany and the Federal Republic of Germany concerned must contain the obligation of the insurer to be exempted or to ensure the satisfaction of the claims for damages directed against him, the managing authority shall notify without delay any modification of the contract, any event of damage, any claim for compensation claims and any performance for the performance of claims for damages, as soon as such circumstances become known to him . Unofficial table of contents

§ 3 Other financial security

(1) A further financial security may only be provided for the provision of financial security, if it is guaranteed that it must be reckoned with as long as it is to be reckoned with, in the case of the official fixing of the financial guarantee. (2) By a third party who has his or her principal residence or his/her principal place of residence or his/her/his/her/his/her/her/his/her/his/her/her/her/her/her/her/her/her/her/her/her/ business principal place of business outside the scope of the Atomic Energy Act, may any other financial security shall be assumed only if the third party has, for the duration of its obligation under the nuclear law, adequate assets to cover its obligation or is guaranteed, that the judgment of a court may be enforced within the scope of the Atomic Energy Act concerning the obligation to comply with an international agreement in the State in which the assets of the third party are situated. Another State can only take over any other financial security if it is subject to the jurisdiction of the Federal Republic of Germany or is guaranteed in another way that it fulfils its obligation. (3) § 2 para. 2 shall apply accordingly. Unofficial table of contents

§ 4 Scope of financial security

(1) In the case of a nuclear installation, the financial security cover must cover the statutory claims for damages within the meaning of Section 13 (5) of the Atomic Energy Act, which is applicable to the holder.
1.
as a result of a nuclear event,
2.
as a result of the ionizing radiation of a radiation source within the meaning of Section 25 (1) sentence 2 of the Atomic Energy Act
(2) In the case of activities or installations in which a liability is contemplated in accordance with Article 26 of the Atomic Energy Act, the financial guarantee must extend to the statutory claims for damages within the meaning of Section 13 (5) of the Atomic Energy Act, which is in connection with the activity or installation subject to authorisation as a result of effects of the type referred to in Article 26 (1), first sentence, and subsection (2) of the Atomic Energy Act
1.
in the case of the provision of cover,
2.
for those persons who are appointed by the person responsible for the provision of a cover for the provision of a cover,
3.
in the case of transport, also for persons who, in addition to the obligation to cover the cover, are involved in the transport or who have, or are entitled to, have effected, or have been responsible for, transport, services or works of work or to a person who is responsible for the transport of goods, the transport is or have been ordered.
(3) The security cover must include damage events which occur or have an effect outside the scope of the Atomic Energy Act and for which the obligation to provide cover is subject to international agreements or to outside the scope of the provisions of the The scope of the German Atomic Energy Act shall be subject to the provisions of the liability regulations of the kind referred to in Article 13 (5) of the Atomic Energy Act. (4) The security of cover may not exceed the limits laid down in paragraphs 1 to 3 up to the fixed amount. (5) The managing authority may be responsible for: Derogations from paragraphs 1 to 3 shall be permitted if:
1.
be justified by the nature of the financial security, and
2.
the interests of the victims as a whole, and in cases where the exemption of claims for damages is contemplated in accordance with Article 34 of the Atomic Energy Act, the interests of those who have been pledging to be exempted shall also not be unreasonable. damage.
(6) The financial provision to be provided by the holder of a nuclear installation does not need to extend to claims for damages arising out of the handling or handling of radioactive substances outside the nuclear facility for him (7) Paragraphs 1 and 3 to 6 shall apply mutatily to the owner of a reactor vessel. Unofficial table of contents

§ 5 Proof of cover, notices and advertisements

(1) The management authority shall be able to demonstrate the financial security in a suitable form. (2) The managing authority shall have the insurer or the third party who has taken on any other financial security from the issuing, withdrawal and the Revocation of a permit to be informed. (3) Anyone who wishes to assert claims for whose satisfaction the financial security is eligible may require the managing authority to give him the name and address of the insurer or of the third party. , to grant other financial security (4) A competent authority for the receipt of an indication of the non-existence or termination of the insurance contract or of the contract for other financial security (§ 14 of the Atomic Energy Act in conjunction with § 117 (2) of the Insurance Contract Law) is the approval authority or, if an authorisation is not required, the otherwise competent administrative authority. Unofficial table of contents

§ 6 Obligations

In setting the financial guarantee, the obligation to cover the cover is to be laid down,
1.
to make changes to the security of cover only with the prior consent of the managing authority;
2.
any change in the provision of financial security and, in so far as it is eligible for damages, the financial security or the obligation to be exempted pursuant to Section 34 of the Atomic Energy Act, to the extent that such changes are to be met by the obligation to fulfil such obligations; damage event, any assertion of claims for damages and any performance for the performance of damages obligations of the managing authority as soon as these circumstances become known to him,
3.
to demonstrate to the managing authority, at the request of the managing authority, that the financial security is present at the level fixed and to the extent to which it is fixed and that the conditions under which the financial provision of the financial security scheme are met in other ways shall continue to exist; than could be provided by liability insurance, and
4.
refill the cover sum, provided that it is not available in full for any damage event, if a reduction has occurred in more than 1 of the hundred or due to one or more of the claims in the event of loss of damage is.

Second section
Coverage Totals

Unofficial table of contents

§ 7 Coverage Total and Rule Cover Total

In determining the amount of the financial guarantee (cover sum), the amount of the cover sum to be determined for the rule case (the total amount of coverage) is to be assumed, provided that the coverage sum in this section is not directly determined. Unofficial table of contents

§ 8 Handling and promotion

(1) Unless otherwise indicated in this section, the total amount of the rule cover shall be determined
1.
in the handling of nuclear fuel in accordance with Appendix 1,
2.
in the handling of other radioactive substances in accordance with Appendix 2,
in accordance with the approved type, mass, activity or nature of the radioactive substances. The total amount of the control cover for the handling of highly radioactive sources within the meaning of § 3 (2) (29) (b) (b) of the Radiation Protection Regulation is determined independently of the type of radioactive substance referred to in Appendix 2. (2) Handling of other radioactive substances is intended to be used in the exercise of medicinal products in humans, or to enter into the air, water, soil or vegetation without the further spread being prevented , the total amount of the rulebook shall be two times the values specified in Appendix 2. (3) In the case of radioactive waste management in a waste collection site or in any other facility approved for the disposal of radioactive waste, the total amount of the rulebook amounts to 7 million euro. Where radioactive waste is used in another facility approved for the disposal of radioactive waste, which originates from an installation within the meaning of Section 7 of the Atomic Energy Act, the total amount of the total amount of waste is EUR 70 million. (4) For the purposes of the For the transport of radioactive substances, paragraph 1 shall apply; in the case of the transport of other radioactive substances, the values of Appendix 2, column 2 shall apply. (5) In the transport and storage of irradiated nuclear fuels, the following shall apply in accordance with the the authorized mass content of the nuclear fuel supply as defined in Appendix 1, and the total amount of the total activity covered by the approved total activity in accordance with Annex 2, to be determined separately and to be combined into a single standard coverage. The exemption limit of Appendix 2 amounts to 5 kilobequerels for the determination of the total activity. (6) The cover sum shall not exceed the sum of EUR 35 million during transport. An excess shall be permitted only if, in the circumstances of the individual case, the amount referred to in the first sentence is not appropriate, in which case the managing authority may exceed the cover sum up to a maximum limit of twice the sum of the first sentence of the first sentence of the second sentence of the second sentence. . Section 16 (2) shall apply. (7) During storage, the cover sum shall not exceed the amount of 350 million euros. Unofficial table of contents

§ 9 reactors

(1) The total amount of the control cover amounts to 5 million Euro for reactors with a maximum output of up to 1 megawatt, for each additional megawatt to 10 megawatts 1 million euro, for each additional megawatt 2.5 million euros up to the maximum amount of 2.5 billion euros. Euro. However, the total coverage shall be determined in accordance with Appendix 1, provided that a calculation in accordance with this Appendix results in a higher value than the calculation of the rule cover sum in accordance with the first sentence, on the basis of the type and mass of the nuclear fuel authorized. Maximum power is the thermal continuous power with which the reactor may be operated on the basis of approval. By way of derogation from the first sentence, in the case of reactors which are used for the application of ionizing radiation in the medicine, the cover sum shall be at least 25 million euro. (2) The rule coverage sum to be determined in accordance with paragraph 1 shall be the total amount of the total amount of the control cover. for the storage of nuclear fuel or radioactive products and wastes intended for their own use or originating from the reactor and temporarily stored until further use or disposal, , provided that the installations are a joint nuclear installation within the meaning of Annex 1 (1) No. 2, last half-sentence, form part of the Atomic Energy Act. (3) The cover provision to be determined in accordance with paragraph 1 shall also cover the provision of cover
1.
for storage pursuant to section 6 (3) or (4) of the Atomic Energy Act, or
2.
for a corresponding storage on the site of a nuclear fuel splitting plant for research purposes,
provided that the installations form a joint nuclear facility within the meaning of Annex 1 (1) (2), last-half-sentence, to the Atomic Energy Act. Unofficial table of contents

§ 10 Shipyards

The total number of reactors used for the propulsion of ships (ship reactors) is EUR 500,000 per megawatt, but not more than 200 million Euro. Section 9 (1) sentences 2 and 3 shall apply accordingly. Unofficial table of contents

Section 11 Other nuclear installations

(1) In the case of installations for the production or processing or processing of nuclear fuel, the total amount of the control cover shall be determined by the type and mass of the nuclear fuel used for the purpose of dealing with the authorisation in the plant, in accordance with Appendix 1. The amount of the cover is not to exceed the amount of 140 million euros for fuel assembly plants and uranium enrichment plants. An excess shall be permitted only if, in the circumstances of the individual case, the amount referred to in the first sentence is not appropriate, in which case the managing authority may exceed the cover sum up to a maximum limit of twice the sum of the first sentence of the first sentence of the second sentence of the second sentence. . Section 16 (2) shall apply. (2) In the case of installations for the processing of irradiated nuclear fuels, the total amount of the control cover for installations with an approved annual output of irradiated nuclear fuel shall be up to 50 tonnes, taking into account § 16 70 million euro. (3) § 9 para. 2 applies accordingly. Unofficial table of contents

§ 12 Stating of annexes

If an installation within the meaning of § 7 of the Atomic Energy Act is decommissioned or otherwise decommissioned, the total amount of the rule cover shall be determined in accordance with the activity still present in the installation according to Appendix 2, column 3, if the plant is located in the installation only the activated and contaminated plant parts and radioactive substances are still for testing purposes. Provided that the determination of the activity is not possible, or is only possible with disproportionate effort, because of the specific nature of the individual case, the managing authority may cover the cover sum up to five of the hundred of the most recent prior to the closure or other The amount of the cover sum fixed in the event of non-operating. Unofficial table of contents

Section 13 Plants for the production of ionizing radiation

(1) The total amount of the rulebook shall be EUR 25 million for installations for the production of ionizing radiation, the establishment and operation of which shall be subject to authorisation. By way of derogation from the first sentence, for ion accelerators, which are operated for positron emission tomography in connection with the exercise of the medicine, the total amount of the control cover shall be EUR 1.5 million. (2) Only the operation of the installation of a plant shall be: Approval, the rules cover sum is
1.
EUR 5 million, provided that the facility is used in the exercise of the medicine,
2.
EUR 1.5 million, provided that more than 10 (high) 8 neutrons are produced per second, or the final energy of the accelerated electrons is more than 10 MeV or the final energy of the accelerated ions is more than 1 MeV per nucleon,
3.
EUR 500,000 in all other cases.
Unofficial table of contents

§ 14

(dropped) Unofficial table of contents

§ 15 Application of radioactive substances to humans in medical research

In the case of the use of radioactive substances or ionising radiation in medical research, the coverage shall be proportionate to the risks associated with the application and shall be based on the risks involved in the use of radioactive substances or ionizing radiation. Risk assessment shall be determined in such a way that at least EUR 500,000 is available in the event of the death or permanent incapacity of any person to which the radioactive substances or the ionizing radiation are to be applied. Unofficial table of contents

Section 16 Determination of the coverage level in individual cases

(1) If the total amount of the rule cover is not appropriate in accordance with the circumstances of the individual case, the managing authority may increase the coverage amount within the limits of the maximum limit laid down in Section 13 (3) sentence 2 of the Atomic Energy Act up to twice the total amount of the rule cover. or up to one third of the total amount of the coverage. (2) In the determination of the amount of coverage appropriate in the circumstances of the individual case, account should be taken, in particular, of:
1.
whether, and to what extent, the possibility exists or is to be excluded that persons other than those responsible for the provision of cover and its employees suffer from damage to life, health, the body and property,
2.
which level of safety is achieved by means of protective measures and protective devices;
3.
whether and to what extent, taking into account the meteorological and hydrological conditions, it is possible or excluded that the radioactive substances are to be distributed, in particular as gases, aerosols or liquids,
4.
the duration of the hazard, in particular with regard to the half-life of the radioactive substances,
5.
whether, because of the nature, mass or nature of the radioactive substances, damage caused by nuclear events due to nuclear fission can also be excluded in the most unfavourable circumstances,
6.
whether, and to what extent, in the case of transport, particularly high or low risks, taking account of the means of transport, the route of transport, the packaging and the nature of the radioactive substances;
Unofficial table of contents

§ 17

(dropped) Unofficial table of contents

§ 18 Total cover in case of multiple handling

(1) If the person responsible for the provision of cover is concerned with a number of substances or with several subsets of a substance on the basis of one or more authorisations, the following shall be considered for each activity which is binding on the financial security of the financial security. (2) It is, however, necessary to set a total amount of cover if, in the case of multiple handling outside a nuclear installation, there is a close spatial and temporal relationship that the various substances, or Subsets must be regarded as similarly dangerous as a single substance, the activity or mass of which corresponds to the total activity or total mass of the substances or subsets. (3) In the determination of the total coverage total, the total activity, in the case of closed and open other radioactive substances, is the total activity, expressed in multiples of the activity free limits. In the case of substances belonging to the two groups referred to in the first sentence, the sums of cover determined separately for each group shall be combined; however, the total amount of the coverage shall not be higher than that of the total amount of the cover sum which shall be allocated to each group. (4) In the case of transport, paragraphs 1 to 3 shall apply mutatily. Unofficial table of contents

Section 19 Rounding of the coverage total

(1) The cover sum shall be fixed at EUR 50,000. (2) From the provisions relating to the cover sum an interim amount of less than EUR 25,000 is to be set down, and in the rest it shall be rounded off.

Third Section
Final provisions

Unofficial table of contents

Section 20 Transitional provision

If the financial security for a activity authorised before the entry into force of this Regulation is no longer in accordance with the requirements of this Regulation, the financial security of the financial security shall be the subject of the next reestablishment pursuant to Section 13 (1) sentence 2 of the Atomic Energy Act, however, at the latest, in the case of installations within the meaning of Article 7 of the Atomic Energy Act, within six months, in other cases within one year of the entry into force of this Regulation. For the handling of highly radioactive sources of radiation, which, on 31 December 2007, still meet the requirements of § 3 (2) (29) (b), double letter bb of the Radiation Protection Regulation, which was approved before 19 August 2005 and for which this date must be paid for the first time, the amount of the financial security shall be fixed at the latest by 31 December 2007. Unofficial table of contents

Section 21 Berlin-clause

This Regulation shall apply in accordance with Section 14 of the Third Code of Merit of 4 January 1952 (BGBl. I p. 1) in connection with § 58 sentence 2 of the Atomic Energy Act, also in the Land of Berlin. Unofficial table of contents

Section 22 Entry into force

This Regulation shall enter into force on the first day of the calendar month following the announcement. Unofficial table of contents

Annex 1 Regular coverage of nuclear fuel in millions of euros

Source of the original text: BGBl. I 2001, 2338
1 *) Mass of nuclear fuel Plutonium Uran 233over 20% uranium enriched with uranium-235 including 20% uranium enriched with uranium-235, the nuclear fuel 123456
up to 10 g 0.5 0.25 - - For a masse1 that goes beyond the free limits. up to 10 tonnes of 0.5 per tonne caught, 2. More than 10 to 100 tonnes of 0.125 per other tonne caught, 3. More than 100 tonnes of 0,0125 other tonnees, up to a maximum of 50, in the case of transport of 25.
over 10 g to 100 g 1.0 0.5 - -
over 100 g up to 200 g 1.5 1.0 - -
More than 200 g to 1 kg 5.0 5.0 2.5 0.5
More than 1 kg to 100 kg for each kilogram of the other kilogram 0.5 0.5 0.15 0.05
More than 100 kg to 1,000 kg for each additional 10 kilograms 1.0 1.0 0.3 0.15
more than 1,000 kg for each additional 100 kilograms 5.0 5.0 0.75 0.15
1 *)
In the calculation of the mass of nuclear fuels, only the mass content of plutonium 239, of plutonium 241, uranium 233 and uranium-235 must be taken into account. In the case of natural uranium, which is the nuclear fuel, the total mass of the uranium is decisive in the calculation of the mass.
Unofficial table of contents

Annex 2 Rule coverage totals for other radioactive substances in millions of euros

Source of the original text: BGBl. I 2005, 2405
Activities specified in multiples of the free limits set out in Annex III, Table 1, column 2 of the radiation protection regulations and radioactive substances open to radioactive substances 1234
1. high-level radioactive sources in accordance with § 3 (2) (29) (b), double letter bb of the Radiation Protection Regulation, unless higher sums are mentioned in column 3 under points 2 to 12 of the Radiation Protection Regulation 0.05
2. from 10 (high) 5 times up to 10 (high) 6 times 0.05 0.25 to 0.5
3. from 10 (high) 6 times up to 10 (high) 7x 0.05 to 0.25 0.5 to 1
4. from 10 (high) 7 times up to 10 (high) 8 times 0.25 to 0.5 1 to 2
5. from 10 (high) 8 times up to 10 (high) 9 times 0.5 to 1 2 to 4
6. from 10 (high) 9 times up to 10 (high) 10 times 1 to 2 4 to 6
7. from 10 (high) 10 times up to 10 (high) 11 times 2 to 4 6 to 8
8. from 10 (high) 11 times up to 10 (high) 12 times 4 to 6 8 to 10
9. from 10 (high) 12 times up to 10 (high) 13 times 6 to 8 above the 10 (high) 12x 10 to 15
10. from 10 (high) 13 times up to 10 (high) 14 times 8 to 10
11. from 10 (high) 14 times up to 10 (high) 15 times 10 to 12
12. above the 10 (high) 15x 12 to 14