Regulation On The Financial Security Pursuant To The Atomic Energy Act

Original Language Title: Verordnung über die Deckungsvorsorge nach dem Atomgesetz

Read the untranslated law here: http://www.gesetze-im-internet.de/atdeckv_1977/BJNR002200977.html

Regulation on the financial security pursuant to the Atomic Energy Act (Atomrechtliche financial security regulation - AtDeckV) AtDeckV Ausfertigung date: 25.01.1977 full quotation: "Atomrechtliche financial security Ordinance of 25 January 1977 (BGBl. I S. 220), most recently by article 2 paragraph 15 of the law of 1 April 2015 (BGBl. I p. 434) is changed" stand: last amended by article 2 para 15 G v. 1.4.2015 I 434 for details on the stand number you see in the menu see remarks footnote (+++ text detection from) : 1.3.1977 +++) table of contents first section: General rules types of coverage provisions § 1 liability § 2 other financial security section 3 scope of § 4 financial security proof of financial security; Releases and view article 5 regulations § 6 second section: coverage coverage level and standard coverage § 7 handling and carriage § 8 reactors § 9 § 10 ship reactors other nuclear facilities § 11 closure of plants § 12 plants for generating ionizing rays § 13 (dropped out) § 14 application of radioactive substances on humans in medical research article 15 determination of coverage in some cases § 16 (dropped out) § 17 coverage in multiple management § 18 round out the coverage § 19 third section : Final provisions transitional provisions § 20 Berlin clause Article 21 entry into force article 22 input formula on reason of § 13 para 3 and § 54 para 1 and 2 of the Atomic Energy Act in the version of the announcement of 31 October 1976 (BGBl. I p. 3053) the Federal Government with the consent of the Federal Council decreed: first section General provisions § 1 kinds of financial security the financial security for facilities and activities, at which a nuclear liability comes after international treaties or the Atomic Energy Act into consideration , an other financial security can by a liability insurance 1 or 2 be provided. The administrative authority may allow that it be connected to several precautionary measures of same or different kind, as far as the effectiveness and the transparency of financial security as a result are not affected.

§ 2 liability insurance (1) can be provided the financial security only by a liability insurance policy, if it is taken at an insurance undertaking authorised in the domestic operation of insurance. For a cross-border transport according to Section 4a of the Atomic Energy Act she can be carried also with an insurance company of a third country in the sense of § 105 para 1 of the insurance supervision Act, which is entitled in his home State for the operation of insurance, when next to him an assurance undertaking authorised pursuant to sentence 1 or an Association of such insurance companies assumes the duties of a liability insurance company.
(2) if the Federation and the Länder are obliged to indemnify the obligated party to the financial security of damage claims or to ensure the satisfaction of the claims against him, the insurance contract in favour of the Federal Republic of Germany and the affected State must the obligation of the insurer include, the managing authority any amendment of the agreement, each damage event, immediately show any assertion of claims for damages and any performance to meet compensation commitments , as soon as it these circumstances are known.

Section 3 other financial security (1) can be provided the financial security only by an other financial security, if it is guaranteed that this, as long as with their use will be, in the context of the administrative fixing of financial security available and can immediately be used to comply with legal obligations to pay compensation of the kind referred to in § 13 para 5 of the Atomic Energy Act.
(2) by a third party who has his main residence or business establishment outside the scope of the nuclear energy Act, an other financial security can be only applied if the third party either for the duration of his obligation within the scope of the nuclear energy Act has sufficient assets to cover its obligation or is ensured, that the decision of a court in the scope of the nuclear energy Act on the obligation on the basis of an international agreement in the State can be enforced , where assets of the third is located. By another State, an other financial security can only be applied if he submits to the jurisdiction of the Federal Republic of Germany or ensure in any other way, that he fulfilled his obligation.
(3) section 2 paragraph 2 shall apply accordingly.

§ 4 scope of financial security (1) at a nuclear facility must extend the financial security on the legal obligations to pay compensation within the meaning of § 13 para 5 of the Atomic Energy Act, which result for the holders 1 as a result of a nuclear event and 2nd as a result of ionising radiation from a radiation source within the meaning of § 25 para 1 sentence 2 of the Atomic Energy Act.
(2) in activities or equipment which is a liability according to § 26 of the Atomic Energy Act into account, the financial security on the legal obligations to pay compensation within the meaning of § 13 para 5 of the Atomic Energy Act should be extended, in connection with the approved activity or system as a result of effects of the kind referred to in section 26, paragraph 1, sentence 1 and paragraph 2 of the Atomic Energy Act arising 1 for the debtor to financial security , 2. for those who are ordered, cause 3. in the case of carriage for persons who are involved in or have been in addition to the obligated party to the financial security in the transport or authorized erweise property, service or services to transport or caused or are ordered to a serving of the transport operation or were by the obligated party to the financial security to a vicarious.
(3) the financial security must include loss events which occur or there affect outside the scope of the nuclear energy Act and for which the obligated party to the financial security shall be liable according to international treaties or outside the scope of the nuclear energy Act liability regulations of the kind referred to in § 13 para 5 of the Atomic Energy Act.
(4) the financial security may be used or up to the fixed amount not for other than those in paragraphs 1 to 3 be intended commitments referred to above.
(5) the managing authority may allow exemptions from paragraphs 1 to 3, if they are justified 1. with regard to the kind of financial security and the interests of all the victims, as well as in cases where an exemption from obligations to pay compensation according to § 34 of the Atomic Energy Act into consideration comes, the interests of the debtor to exempt not unduly affect 2..
(6) that needs to be a nuclear installation provided financial security by the holder not to extend, to obligations to pay compensation resulting from dealing with or transport of radioactive substances outside the nuclear facility for him.
(7) paragraphs 1 and 3 to 6 apply to the holder of a reactor vessel according to.

§ 5 proof of financial security, communications and display (1) is the financial security to prove the administrative authority in an appropriate manner.
(2) the administrative authority has the insurer or the third party that has acquired an other financial security, be informed of the issue, redemption and the revocation of a permit.
(3) a person who wants to make claims for their satisfaction comes the financial security into consideration, may require of the administrative authority that she will announce name and address of the insurer or of the third him, who has committed to the granting of other financial security.
(4) body responsible for receiving an indication of the non-existence or termination of the insurance contract or the contract on an other financial security (§ 14 of the Atomic Energy Act in conjunction with section 117, paragraph 2, of the German insurance contract law) is the licensing authority or, if a permit is not required, otherwise competent administrative authority.

§ 6 conditions in determining the financial security is to impose the obligation to the financial security, modifications 1 the financial security only with the prior consent of the administrative authority, 2. each without doing to be a change of financial security and, as far as compensation obligations in question, to the fulfilment of the financial security or the indemnity determined according to § 34 of the Atomic Energy Act is each damage event, immediately show any assertion of claims for damages and each performance to the fulfilment of obligations to pay compensation of the managing authority , as soon as he become aware of these circumstances, 3. the managing authority at whose request to prove that the financial security in the fixed amount and to the stipulated extent exists and that the conditions continue to exist, under which it was demonstrated the financial security in other ways than by a liability insurance policy, and 4 the coverage, as far as for each loss event be available in full is , rebuild, if a reduction in damages to be expected is occurred or occurred due to one or more in more than 1 per cent.
Second section coverage § 7 cover and standard coverage
In fixing the amount of the financial security (coverage), it is to assume to be fixed for the normally (standard coverage) coverage, provided that the coverage in this section is not directly intended.

§ 8 handling and transport (1) unless resulting from this section otherwise, determined the standard coverage 1 when dealing with fissile materials according to Appendix 1, 2. when dealing with other radioactive substances according to Appendix 2, each according to the approved type, mass, activity or condition of the radioactive substances. The standard coverage when dealing with highly radioactive sources within the meaning of § 3 para 2 No. 29 letter b double letter bb the Radiation Protection Ordinance determines regardless of the nature of the radioactive substance Appendix 2 (2) the handling of other radioactive substances that directed that they be applied in the practice of medicine in humans or that they are in the air, the water , the ground or the vegetation arrive, without that can prevent the further spread, so the standard coverage is two times of the values specified in Appendix 2.
(3) when dealing with radioactive waste in a country collection point or in another facility approved for the disposal of radioactive waste, the standard coverage is EUR 7 million. In another facility approved for the disposal of radioactive waste with radioactive waste deal, which comes from a plant in the meaning of § 7 of the nuclear energy Act, the standard coverage is 70 million euro.
(4) for the carriage of radioactive substances, paragraph 1 applies accordingly; for the carriage of other radioactive substances, the values of Appendix 2 are column 2 to apply.
(5) for the transport and storage of irradiated nuclear fuel are to determine the resulting after the approved mass content of nuclear fuels standard coverage according to Appendix 1 and the standard coverage resulting after the approved total activity separately according to Appendix 2 and to a uniform standard coverage to add up. Free of Appendix 2 of 5 Kilobecquerel for the determination of the total activity.
(6) the amounts should not exceed the sum of EUR 35 million for promotion. An excess is permitted only if the amount is appropriate pursuant to sentence 1 not according to the circumstances of the individual case; in this case, the managing authority can increase the coverage up to a maximum of twice of the amount pursuant to sentence 1. § 16 ABS. 2 finds appropriate application.
(7) in the case of storage, the coverage level must not exceed the amount of EUR 350 million.

§ 9 reactors (1) the standard coverage shall for reactors with a maximum power up to 1 MW megawatt further 5 million euro for each 1 million euro up to 10 megawatts, for each megawatt more 2.5 million euro up to the maximum of EUR 2.5 billion. The standard coverage is however after Appendix 1 to determine if a calculation yields a value higher than the calculation of standard coverage according to this annex on the basis of the approved type and mass of nuclear fuel pursuant to sentence 1. Maximum power is the continuous thermal load with which the reactor due to the approval must be operated. Notwithstanding sentence 1 the coverage shall be at least EUR 25 million for reactors, used for the application of ionizing radiation in medicine.
(2) in the rule amounts to be determined according to paragraph 1 the standard coverage for facilities for the storage of nuclear fuels or radioactive products and waste, intended for personal use or come from the reactor and temporarily stored until further use or disposal, is included, unless the equipment a joint nuclear facility in terms of the Appendix 1 para. 1 No. 2 that last half-sentence, to the Atomic Energy Act form.
(3) the financial security referred to in paragraph 1 to be determined include the cover 1 for storage according to § 6 section 3 or 4 of the nuclear energy Act, or 2 for a corresponding Office on the grounds of a facility for the fission of nuclear fuel for research purposes, unless the plants a joint nuclear facility in terms of the Appendix 1 para. 1 No. 2 last half sentence to the Atomic Energy Act form.

§ 10 ship reactors the standard coverage for reactors, which are used for the propulsion of ships (ship reactors), per megawatt is maximum €500,000, but no more than 200 million euros. § 9 para 1 sentence 2 and 3 shall apply mutatis mutandis.

§ 11 other nuclear facilities (1) in installations for the production or editing or processing of nuclear fuel the standard coverage is determined by the type and mass of nuclear fuel, which on the basis of the authorization in the system must be dealt with, in accordance with Appendix 1. The coverage shall not exceed the amount of EUR 140 million fuel factories and uranium enrichment facilities. An excess is permitted only if the amount is appropriate pursuant to sentence 1 not according to the circumstances of the individual case; in this case, the managing authority can increase the coverage up to a maximum of twice of the amount pursuant to sentence 1. § 16 ABS. 2 finds appropriate application.
(2) in the case of installations for the reprocessing of irradiated nuclear fuel, the standard coverage for facilities with an approved annual output of irradiated nuclear fuel is up to 50 tons, taking into account article 16 70 million euro.
(3) section 9, paragraph 2 shall apply accordingly.

§ 12 decommissioning of plants will be shut down a facility within the meaning of § 7 of the nuclear energy Act, or otherwise put out of order, the standard coverage determined column 3 in accordance with the still existing in the investment activity according to Appendix 2, if only the activated and contaminated components and radioactive substances for testing purposes are in the system. Insofar as the determination of activity due to the special features of the individual case, not or only at disproportionate time and effort is possible, the administrative authority may reduce the coverage up to five per cent of the insured sum stipulated last before closure or other decommissioning.

Article 13 equipment generating ionising radiation (1) the standard coverage is for equipment generating ionising radiation, whose establishment and operation authorisation needed, EUR 25 million. Notwithstanding sentence 1 1.5 million euros for ion accelerators, which are operated for the Positron Emission Tomography in connection with the practice of medicine, the standard coverage.
(2) only the operation of the plant of a permit is needed, so the standard coverage 1 5 million euros 2. 1.5 million euro, unless the system is applied in the practice of medicine, unless per second more than 10(hoch)8 neutrons are generated, or more than 10 MeV or the final energy of the accelerated ions is the final energy of the accelerated electrons more than 1 MeV per nucleon , 3. 500.000 euro in all other cases.

§ 14 (dropped out) section 15 application of radioactive substances on humans in medical research in the use of radioactive materials or ionizing radiation on humans in medical research must the insured sum in proportion to the risks associated with the application are and on the basis of the risk assessment to be set, that in the event of death or permanent incapacity of any person , applied the radioactive materials or ionizing radiation, at least 500,000 euros available.

§ 16 determination of coverage in the case of (1) the standard coverage is not adequate according to the circumstances of the individual case, as the administrative authority of the coverage in relation to the maximum limit of § 13 para 3 sentence 2 of the Atomic Energy Act may raise or lower up to one third of the standard coverage up to twice the standard coverage.
(2) when determining the coverage level appropriate to the circumstances of the individual case is particularly taken into account, 1. whether and to what extent that possibility or exclude is that persons other than the debtor to the financial security and its employees suffer damage to life, health, body and physical goods, 2. what level of security is achieved by protective measures and protective devices, 3. whether and to what extent taking into account the meteorological and hydrological conditions have the possibility or exclude , that the radioactive substances are spread, especially as which duration of risk especially with regard to the half-life of the radioactive substances to take gases, aerosols or liquids, 4., 5. whether because of the nature, extent or nature of the radioactive substances excluded from damage due to nuclear events as a result of nuclear fission processes under the worst circumstances can be, 6 whether and to what extent in the case of transport, taking into account the means of transport , the transport route, the packaging and the nature of the radioactive substances particularly high or low risks.

Article 17 (dropped out) § 18 coverage at the obligated party to the financial security on the basis of one or more permits involves multiple handling (1) with several substances or with several partial amounts of the substance, is separately set the each eligible insured sum for every activity compulsory for the financial security.
(2) it is to set an overall amount of coverage but, if a such close spatial and temporal context is a multiple use outside a nuclear facility, that the dangerous must be viewed several substances or partial quantities as similar as a single substance, which corresponds to the activity or mass of total activity or total mass of substances or subsets.
(3) in determining the overall amount of coverage is expressed in the multiples of the activity limits, to be enclosed and open other radioactive substances from the total activity. Will deal with materials belonging to two of the groups referred to in sentence 1, the coverage for each group separately identified are to comprise; However a total no higher than the amount of coverage must be on, which would result if the entire fabrics would open other radioactive substances.
(4) paragraphs 1 to 3 shall apply mutatis mutandis for transport.

§ To set 19 round out the coverage level (1) which is coverage to full 50,000 euros.
(2) If an intermediate amount under 25,000 euros, arises from the provisions on the coverage level is way down, the rest is rounded upwards.
Third section concluding provisions § 20 transitional provision complies with the financial security for an activity licensed prior to entry into force of this regulation the requirements of this regulation, the financial security for the next realignment according to § 13 para 1 sentence 2 of the Atomic Energy Act no later than at facilities within the meaning of § 7 of the nuclear energy Act period of six months, to redetermine in other cases within one year after entry into force of this regulation isn't so. For the handling of highly radioactive sources, which at December 31, 2007 or the requirements of § 3 para 2 No. 29 letter b double letter bb of the radiation protection regulation meet, prior to August 19, 2005 has been approved and for which at that time for the first time financial security must be performed, the fixing of financial security is prior to December 31, 2007.

§ 21 Berlin clause this Regulation shall apply to § 14 of the third of transfer Act of January 4, 1952 (Federal Law Gazette I p. 1) in conjunction with section 58, sentence 2 of the Atomic Energy Act in the Federal State of Berlin.

Article 22 entry into force this regulation enters into force on the first day of the calendar month following the announcement.

Appendix 1 standard coverage for nuclear fuels in million euro site of the original text: Federal Law Gazette I 2001, 2338 mass of Kernbrennstoffe1 *) plutonium uranium 233 over 20% with uranium 235 enriched uranium to including 20% uranium 235 enriched uranium natural uranium, the nuclear fuel is 1 2 3 4 5 6 to 10 g 0.5 0.25 - for a beyond the free mass 1-ton ever caught 10 tonnes 0.5 , ton 2. 10 up to 100 tons of 0.125 per started more tonne 3. over 100 tonnes of 0,0125 each started more up to a maximum of 50, in the case of the carriage of 25 over 10 g to 100 g 1.0 0.5 - over 100 g to 200 g 1.5 1.0 - about 200 g to 1 kg 5.0 5.0 2.5 0.5 over 1 kg to 100 kg for each additional commenced kilogram 0.5 0.5 0.15 0.05 about 100 kg to 1,000 kg for each further commenced 10 kg 1,0 1,0 0.3 0.15 over 1,000 kg for each further commenced 100 kg 5.0 5.0 0.75 0.15 1 *) when calculating the mass of nuclear fuel is only the mass content of plutonium-239, plutonium-241, to consider uranium 233 and uranium 235. In natural uranium, which is nuclear fuel, the total mass of uranium is in the calculation of the mass.

Annex 2 standard coverage for other radioactive substances in millions of euro site of the original text: BGBl I 2005, 2405 activities, indicated in multiples of allowances according to annex III table 1 column 2 of the Radiation Protection Ordinance sealed radioactive materials open radioactive substances 1 2 3 4 1 highly radioactive sources according to section 3 para 2 No. 29 letter b double letter bb the Radiation Protection Ordinance, as far as not included in point 2 to 12 in the column 3 larger sums are called 0.05 2 by 10 (high) 5 times up to the 10 (high) 6fachen 0.05 0.25 to 0.5 3 of the 10 6fachen (high) to 10 (high) 7fachen 0.05 to 0.25 0.5 to 1 4 of the 10 (high) 7fachen (high) 8fachen to 10 0.25 to 0.5 1 to 2 5 from 10 (high) 8fachen 9 to 10 (high) x 0.5-1 2-4 6 9 x 10 (high) to 10 (high) 10 times 1-2 4-6 7 of 10 (high) 10 times to 10 (high) 11fachen 2-4 6-8 8 (high) 11fachen from 10 to 10 (high) 12fachen 4-6 8-10 9 from 10 (high) 12fachen (high) 12fachen to 13fachen to 10 (high) 6 to 8 of the 10 10 to 15 10 10 (high) 13fachen up to 10 (high) 14fachen 8 to 10 11 10 (high) 14fachen up to 10 (high) 15 10 to 12 12 about 10 (high) 15 12-14