Regulation On The Financial Security Pursuant To The Atomic Energy Act

Original Language Title: Verordnung über die Deckungsvorsorge nach dem Atomgesetz

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Regulation on financial security according to the Atomic Energy Act (Ordinance-AtDeckV)

Non-official table of contents

AtDeckV

Date of expend: 25.01.1977

Full quote:

" Nuclear security cover regulation of 25 years. January 1977 (BGBl. 220), as last amended by Article 2 (15) of the Law of 1. April 2015 (BGBl. I p. 434) "

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

For details, see the Notes

Footnote

(+ + + text evidence from: 1.3.1977 + + +)


for details on the stand. name="BJNR002200977BJNE000401377 " />Non-Official Table of Contents

Content Summary

Section: General rules
Types of oppressive care§ 1
Liability Insurance§ 2
Other financial security§ 3
Scope of financial security§ 4
Proof of financial security; notices and ads § 5
Editions§ 6
Second section: Cover totals
Coverage Total and Rule Coverage Total§ 7
Handling and Promotion§ 8
reactors§ 9
Ship Reactors§ 10
Other nuclear facilities§ 11
Quiescing Plants§ 12
Planting for ionizing radiation generation§ 13
(dropped)§ 14
Use of radioactive substances in the human being in the medical Research§ 15
Determination of the coverage total in individual cases§ 16
(omitted) § 17
Total cover of multiple handling§ 18
Fillet of the cover sum§ 19
Third Section: Final Provisions
Transitional rule§ 20
Berlin clause § 21
Entry into force§ 22
unofficial table of contents

input formula

As a result of § 13 (3) and § 54 (1) and (2) of the Atomic Energy Act, the version of the 31. October 1976 (BGBl. I p. 3053), with the approval of the Federal Council:

First section
General regulations

unofficial table of contents

§ 1 types of financial security

The financial security of assets and activities in which there is no liability under international treaties or after international agreements. The atomic law can be considered by
1.
a liability insurance or
2.
another financial security
is 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. Non-official table of contents

§ 2 Liability insurance

(1) The liability insurance can only be provided by a liability insurance policy if it is 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 may be taken if, in addition to him, an insurance undertaking authorised in accordance with the provisions of the first sentence or an association of such insurance undertakings takes over the obligations of a liability insurer.(2) In so far as the Federation and the Länder are obliged to indemly claim the obligation to provide financial cover for compensation claims or to ensure the satisfaction of the claims for damages directed against him, the insurance contract must: in favour of the Federal Republic of Germany and the Federal Republic of Germany concerned, the obligation of the insurer, the managing authority any modification of the contract, any event of damage, any assertion of claims for damages and any claims for damages, to immediately notify the performance of claims for damages as soon as these circumstances become known to him. Non-official table of contents

§ 3 Other financial security

(1) Other financial security can only provide cover where it is guaranteed that, as long as they are expected to be charged, they shall be available in the framework set by the authorities ' determination of the financial security and shall immediately be subject to the fulfilment of legal requirements. Claims for damages of the kind referred to in § 13 (5) of the Atomic Energy Act can be used.(2) Any other financial security may be assumed by a third party who has his principal residence or principal place of business outside the scope of the Atomic Energy Act, if the third party is either for the duration of his or her own term of office or in the course of his/her work. Obligation within the scope of the Atomic Energy Act to have sufficient assets to cover its obligation, or to ensure that the decision of a court within the scope of the Atomic Energy Act concerning the obligation on the ground to an international agreement in the State in which the assets of the third party are located. Another State may only take over any other financial security if it is subject to the jurisdiction of the Federal Republic of Germany or is guaranteed in some other way that it fulfils its obligation.(3) § 2 (2) applies accordingly. Non-official table of contents

§ 4 Scope of financial security

(1) In the case of a nuclear facility, the security of cover must be based on the legal requirements of the law. Claims for damages within the meaning of Section 13 (5) of the Atomic Energy Act, which are applicable to the holder
1.
as a result of a nuclear event and
2.
due to the ionizing rays of a radiation source in the According to § 25 (1) sentence 2 of the Atomic Energy Act
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 provisions must cover the statutory claims for damages within the meaning of Section 13 (5) of the Atomic Energy Act, which is in the Connection with the activity or installation subject to authorisation as a result of effects of the kind referred to in § 26 (1) sentence 1 and 2 of the Atomic Energy Act give
1.
for the commitment to cover,
2.
for the people who are responsible for the security of the cover In the case of transport,
for those persons who, in addition to the obligation to cover the cover, are responsible for the transport of the goods,
are obliged to do so into be able to carry out an order. have been or have been, or have been, involved in, or have been responsible for, services or services for transport, or who have been or have been appointed to carry out transport operations.
(3) The financial security of the financial services must be Include damage events which occur or affect outside the scope of the Atomic Energy Act and for which the obligation to provide cover is subject to international contracts or outside the scope of the Nuclear law is liable to liability in accordance with the provisions of Section 13 (5) of the Atomic Energy Act.(4) The provision of financial security shall not be intended or used for any of the obligations other than those referred to in paragraphs 1 to 3 up to the fixed amount.(5) The managing authority may allow exceptions to paragraphs 1 to 3 if they are
1.
with regard to the nature of the financial security is justified and
2.
the interests of the whole of the injured parties, and in cases where an exemption of Liability for damages in accordance with § 34 of the Atomic Energy Act, even the interests of the pledges to be exempted are not unduly compromising.
(6) The cover provision to be provided by the owner of a nuclear installation does not need to extend to claims for damages arising from the handling or handling of radioactive substances outside the nuclear installation.(7) Paragraphs 1 and 3 to 6 shall apply mutatily to the owner of a reactor vessel. Non-official table of contents

§ 5 Proof of financial security, communications and ads

(1) The financial security of the financial services is the administrative authority in the appropriate form.(2) The managing authority shall inform the insurer or the third party, who has taken over any other financial security, of the granting, withdrawal and revocation of a permit.(3) Any person who wishes to assert claims for which the financial security is to be satisfied may require the managing authority to make known to him the name and address of the insurer or the third party who is responsible for the granting of a 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 Section 117 (2) of the German Atomic Energy Act). Insurance contract law) is the approval authority or, if a permit is not required, the otherwise competent administrative authority. Non-official table of contents

§ 6 Obligations

When determining the financial security cover, the obligation to cover the security of cover is to be imposed,
1.
Changes in the security of cover only with the prior approval of the managing authority ,
2.
any modification of the financial security and, in so far as it is eligible for damages, the performance of any change in the financial security of the financial security, which has not been accepted by the Commission. the provision of cover or the obligation to be exempted in accordance with § 34 of the Atomic Energy Act, any claims event, any assertion of claims for damages and any performance for the performance of claims for damages by the to notify the managing authority immediately as soon as these circumstances become known,
3.
to the managing authority, at the request of the managing authority, to demonstrate that the the provision of cover at the fixed level and the extent to which it is fixed and the existence of the conditions under which the security of cover could be provided in a different manner than by means of insurance against civil liability, and
4.
Refill the coverage total, provided that it is not available for any damage event at full height, if a reduction in more than 1 of the hundred , or due to one or more damage events that have occurred.

Second section
Cover totals

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§ 7 Coverage Total and Ruleset Sum

When setting the amount of the cover sum (cover sum), the amount to be determined for the rule case is Cover sum (rule cover sum) to be assumed, provided that the coverage sum in this section is not directly determined. Non-official table of contents

§ 8 Handling and promotion

(1) Unless otherwise indicated in this section, the following shall be determined by the Rule coverage sum
1.
when dealing with nuclear fuel according to Appendix 1,
2.
when dealing with other radioactive substances according to Appendix 2,
according to 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 according to Appendix 2.(2) Where the handling of other radioactive substances is intended to be applied in the exercise of medicinal products in humans, or in the air, water, soil or vegetation, without further dissemination can be prevented, the total amount of the rule cover shall be twice 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 regulatory coverage is 7 million euro. If radioactive waste is used in another facility approved for the disposal of radioactive waste, which originates from an installation within the meaning of § 7 of the Atomic Energy Act, the total amount of the total amount of the total amount is 70 million Euro.(4) In the case of 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) The transport and storage of irradiated nuclear fuels shall be based on the total amount of the control cover referred to the approved mass content of the nuclear fuel in accordance with Appendix 1 and the total amount of rulebook resulting from the approved total activity. shall be determined separately in accordance with Annex 2 and shall be combined into a single total amount of rulebook. The free limit of Appendix 2 is 5 kilobequerels for the determination of the total activity.(6) The cover sum shall not exceed EUR 35 million for 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 first sentence of the second sentence. . Section 16 (2) is applicable.(7) In the event of storage, the cover sum shall not exceed the amount of EUR 350 million. Unofficial Table of Contents

§ 9 Reactors

(1) The total amount of the rulebook is 5 million euros for reactors with a maximum power of up to 1 megawatt, for each additional megawatt to 10 megawatts of 1 million euros, for each additional megawatt 2.5 million euros up to the maximum amount of 2.5 billion euros. 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 total amount of rulebook to be determined in accordance with paragraph 1 shall be the total amount of rulebook for installations for the storage of nuclear fuel or radioactive products and waste intended for own use or originating from the reactor and shall be temporarily stored until further use or disposal, 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.(3) The cover provision to be determined in accordance with paragraph 1 shall also include cover provision
1.
for a Storage according to § 6 para. 3 or 4 of the Atomic Energy Act or
2.
for a corresponding storage on the site of a plant for the division of nuclear fuel Research,
provided that the plants 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 Ship Reactors

The total coverage of reactors used for propulsion of ships (ship reactors), The maximum output per megawatt is EUR 500 000, but not more than 200 million euro. Section 9 (1) sentences 2 and 3 shall apply accordingly. Non-official table of contents

§ 11 Other nuclear installations

(1) For assets to be created or processed or processed by Nuclear fuel shall be determined by the total amount of rulebook of the type and mass of the nuclear fuel used for the purpose of the authorisation in the plant, as defined in 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 first sentence of the second sentence. . Section 16 (2) is applicable.(2) In the case of installations for the processing of irradiated nuclear fuel, the total amount of the control cover for plants with an approved annual output of irradiated nuclear fuels is up to 50 tonnes, taking into account the § 16 70 million euro.(3) § 9 (2) applies accordingly. Non-official table of contents

§ 12 Stating of assets

An asset within the meaning of § 7 of the Atomic Energy Act is decommissioned or otherwise except Operation, the total coverage shall be determined in accordance with the activity of Annex 2, column 3, which is still present in the installation, if only the activated and contaminated plant parts and radioactive substances are still in the plant for test 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 coverage 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. Non-official table of contents

§ 13 Plants to generate ionizing radiations

(1) The rule coverage sum is for assets to be generated ionizing radiation, the establishment and operation of which requires a permit of 25 million euro. 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 asset of a permit is required, so the rule coverage sum is
1.
5 million Euro, provided that the facility is used in the exercise of the medicine,
2.
1.5 million euro, provided that more than 10 (high) 8 neutrons are produced per second, or the The end 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.
500.000 Euro in all other Cases.
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§ 14

(omitted) A non-official table of contents

§ 15 Application of radioactive substances to humans in medical research

When using radioactive substances or ionizing radiation in humans, the medical research must be proportionate to the risks associated with the application and shall be determined on the basis of the risk assessment in such a way as to ensure that the case of death or of the permanent The incapacity of any person in which the radioactive substances or the ionizing radiation is applied shall be at least 500,000 euro available. Non-official table of contents

§ 16 Determination of the coverage total in an individual case

(1) The rule coverage sum is not determined according to the circumstances of the individual case. , the managing authority may, within the limits of the maximum limit laid down in Article 13 (3), second sentence, of the Atomic Energy Act, increase the coverage level to twice the total amount of the rule cover, or to a third of the total amount of the total amount of the rule.(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 other persons than those who are committed to the provision of cover and its employees are responsible for the damage to life, Health, body and property,
2.
which level of safety is achieved through protective measures and protective devices,
3.
whether and to what extent, taking into account the meteorological and hydrological conditions, the possibility exists or is to be excluded that the radioactive substances shall be disseminated, in particular as gases, aerosols or liquids,
4.
the duration of the hazard, in particular with regard to the half-life of the radioactive waste. Substances to be accepted,
5.
whether due to the nature, mass or nature of the radioactive substances, damage due to nuclear events due to nuclear fission processes can also be excluded in the most unfavourable circumstances,
6.
, and to what extent in the case of carriage, taking into account the means of transport, the The transport route, the packaging and the nature of the radioactive materials are of particularly high or low risk.
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§ 17

(omitted) Non-official table of contents

§ 18 Total amount of cover in case of multiple use

(1) In the case of a cover-up of a cover, the corresponding cover sum shall be eligible for each activity which is binding on the basis of one or more authorisations with a number of substances or with several subsets of a substance. shall be fixed separately.(2) It is, however, necessary to set a total amount of cover if, in the case of multiple use outside a nuclear installation, there is such a close spatial and temporal relationship that the various substances or subsets are considered to be similarly dangerous. shall be regarded as a single substance, the activity or mass of which corresponds to the total activity or mass of the substances or subsets.(3) In determining the total coverage total, the total activity, expressed as a multiple of the activity free limits, is to be assumed in the case of enclosed and open other radioactive substances. In the case of substances belonging to the two groups referred to in the first sentence, the amounts of cover calculated 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 is to be calculated would result if all the substances were open-ended other radioactive substances.(4) In the case of transport, paragraphs 1 to 3 shall apply accordingly. Non-official table of contents

§ 19 Fillet of the cover sum

(1) The cover sum is to be set to a full 50,000 euros.(2) In the event of an interim amount of less than € 25,000 from the provisions on the cover sum, it shall be downwards, otherwise it shall be returned to the top.

Third Section
Final Provisions

Unofficial table of contents

§ 20 Transitional rule

Discovers cover for a prior entry into force of this Regulation. In the case of an activity which is no longer subject to the requirements of this Regulation, the provision of financial security for the next reestablishment is within six months at the latest in accordance with Section 13 (1) sentence 2 of the Atomic Energy Act, but at the latest in the case of installations within the meaning of Section 7 of the Atomic Energy Act, in the other cases, within one year of the entry into force of this Regulation. For the handling of highly radioactive sources of radiation, which are on the 31. 3 (2) (29) (b) (bb) of the Radiation Protection Ordinance (Bb), which is before 19 December 2007. On the basis of the approval of the European Parliament and the Council of the European Parliament and of the Council of the European Parliament and of the Council of the European Parliament and of the Council of the European Parliament and of the Council, December 2007. Non-official table of contents

§ 21 Berlin clause

This regulation applies in accordance with Section 14 of the Third Transfer Act 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. Non-official table of contents

§ 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

asset 1 rule coverage total for nuclear fuel in millions of euros

site of the original text: BGBl. I 2001, 2338
Mass of nuclear fuel 1 *) PlutoniumUran 233over 20% uranium enriched with uranium 235 enriched with uranium 235 enriched uranium natural uranium, which is nuclear fuel123456
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 caught 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 to 200 g 1, 5 1, 0--
over 200 g up to 1 kg 5, 0 5, 0 2, 5 0, 5
more than 1 kg to 100 kg for each additional kilogram captured 0, 5 0, 5 0, 15 0, 05
more than 100 kg to 1,000 kg for each additional 10 kilograms of 1, 0 1, 0 0, 3 0, 15
over 1,000 kg for each additional 100 kilograms5.0 5, 00,750.15
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. 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.
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Appendix 2 Rule Coverage totals for other radioactive substances in millions of euros

site 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 Regulation radioactive materials-open radioactive substances1234
1. highly radioactive Sources of radiation according to § 3 (2) (29) (b), double letter bb of the Radiation Protection Regulation, unless, under the number 2 to 12 in column 3, higher sums are mentioned 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) 6fold to to 10 (high) 7fold 0, 05 to 0.25 0, 5 to 1
4. from 10 (high) 7fold up to 10 (high) 8fold 0, 25 to 0.5 1 to 2
5. from 10 (high) 8fold up to 10 (high) 9fold 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. of 10 (high) 10 times up to 10 (high) 11fold 2 to 4 6 to 8
8. from 10 (high) 11 times up to 10 (high) 12fold 4 to 6 8 to 10
9. from 10 (high) 12x up to 10 (high) 13fold 6 to 8over the 10 (high) 12x 10 to 15
10. from 10 (high) 13 times up to 10 (high) 14fold 8 to 10
11. from 10 (high) 14 times up to 10 (high) 15 times 10 to 12
12.above the 10 (high) 15 times12 to 14