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Law on the peaceful use of nuclear energy and the protection against its dangers

Original Language Title: Gesetz über die friedliche Verwendung der Kernenergie und den Schutz gegen ihre Gefahren

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Law on the peaceful use of nuclear energy and the protection against its dangers (Atomic Energy Act)

Unofficial table of contents

AtG

Date of completion: 23.12.1959

Full quote:

" Atomic Energy Act, as amended by the Notice of 15 July 1985 (BGBl. I p. 1565), most recently by Article 2 (14) of the Law of 1 April 2015 (BGBl. I p. 434).

Status: New by Bek. v. 15.7.1985 I 1565;
last amended by Art. 2 para. 14 G v. 1.4.2015 I 434

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof applicable: 1.5.1986 + + +) 
(+ + + Official note from the norm-provider on EC law:
Implementation of the
EARL 3/92 (CELEX Nr: 392L0003) cf. G v. 6.4.1998 I 694
EARL 71/2009 (CELEX Nr: 32009L0071) G v. 8.12.2010 I 1817 + + +)

First section
General provisions

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§ 1 Purpose of the law

The purpose of this law is to:
1.
to put an end to the use of nuclear energy for the commercial production of electricity and to ensure that it is put in place until the date of termination;
2.
-to protect life, health and property against the dangers of nuclear energy and the harmful effects of ionizing radiation, and to compensate for damage caused by nuclear energy or ionizing radiation;
3.
to prevent the internal or external security of the Federal Republic of Germany from being endangered by the application or release of nuclear energy or ionising radiation,
4.
to ensure the fulfilment of international obligations of the Federal Republic of Germany in the field of nuclear energy and radiation protection.
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§ 2 Definitions

(1) Radioactive substances (nuclear fuels and other radioactive substances) within the meaning of this Act are all substances containing a radionuclide or several radionuclides and their activity or specific activity in relation to nuclear energy or in the case of radiation protection under the provisions of this Act or of a regulation adopted pursuant to this Act. Nuclear fuels are special fissile materials in the form of
1.
Plutonium 239 and plutonium 241,
2.
Uranium enriched with the isotopes 235 or 233,
3.
any substance which contains one or more of the substances referred to in paragraphs 1 and 2,
4.
substances which can be used to maintain a self-supporting chain reaction in a suitable plant and which are determined in a legal regulation;
the expression "uranium enriched with isotopes 235 or 233" means uranium containing the isotopes 235 or 233 or these two isotopes in such an amount that the sum of the quantities of these two isotopes is greater than the amount of the isotope 238. multiplied by the nature-occurring ratio of the isotope 235 to the isotope 238. (2) The activity or specific activity of a substance may be disregarded within the meaning of the first sentence of paragraph 1 if, in accordance with the first sentence of paragraph 1, the activity or specific activity of a substance has been Law adopted by law
1.
shall be less than fixed limits,
2.
in so far as it is a substance which is subject to an authorisation subject to authorisation under this Act or in accordance with a legal regulation adopted pursuant to this Act, the substance shall fall below fixed values and the substance shall be subject to the following conditions: has been released,
3.
in so far as it is a substance of natural origin which is not used on the basis of its radioactivity, as a nuclear fuel or for the production of nuclear fuel, not in accordance with the provisions of this Act or of any of the provisions of this Act shall be governed by the law.
By way of derogation from the first sentence, a regulation on the use of substances in human beings or for the purpose-directed addition of substances in the manufacture of medicinal products, medical devices, which is based on this Act, may be used; Plant protection products, pesticides, substances in accordance with section 1 (1) to (5) of the fertilizer act or consumer goods or their activation in which cases do not disregard the activity or specific activity of a substance (3) For the purposes of the application of the authorisation requirements laid down in this Act or of The provisions of this Act are subject to substances in which the proportion of the isotopes of uranium 233, uranium 235, plutonium 239 and plutonium 241 is not 15 grams or the concentration of the above isotopes 15 grams per 100 kilograms , than other radioactive substances. The first sentence does not apply to solidified high-level radioactive fission product solutions from the processing of nuclear fuels. (3a) Furthermore, in the sense of this law:
1.
nuclear installation:
a)
fixed installations for the production or processing or processing or for the division of nuclear fuels or for the processing of irradiated nuclear fuel in accordance with Article 7 (1),
b)
Storage of irradiated nuclear fuel in accordance with Article 6 (1) or (3);
c)
Intermediate storage for radioactive waste where the intermediate deposits are directly related to the relevant nuclear installation within the meaning of (a) or (b) and are situated on the premises of the installations;
2.
nuclear safety:

the achievement and maintenance of proper operating conditions, the prevention of accidents and the mitigation of consequences of accidents, so that life, health and property are exposed to the dangers of nuclear energy and the harmful effects of ionizing activities Rays are protected.
(4) For the application of the rules on liability and cover, the terms of nuclear event, nuclear facility, nuclear facility owner, nuclear materials and special drawing rights shall comply with the definitions set out in Appendix 1 to this Act. (5) The Paris Convention is the Convention of 29 July 1960 on Third Party Liability in the Field of Nuclear Energy, as amended by the Notice of 5 February 1976 (BGBl. 310, 311) and of the Protocol of 16 November 1982 (BGBl I). 690). (6) Brussels Additional Convention means the Additional Agreement of 31 January 1963 to the Paris Convention, as amended by the Notice of 5 February 1976 (BGBl. 310, 318) and of the Protocol of 16 November 1982 (BGBl I, p. 690). (7) The common protocol is the common protocol of 21 September 1988 on the application of the Vienna Convention and the Paris Convention (BGBl. 202, 203). (8) Vienna Convention means the Vienna Convention of 21 May 1963 on Civil Liability for Nuclear Damage (BGBl. 202, 207), which is in force for the Contracting Parties to this Convention. Unofficial table of contents

§ 2a Environmental Impact Assessment

(1) In accordance with the law on environmental impact assessment, there is an obligation to carry out an environmental impact assessment for projects which are subject to a permit or a plan determination under this Act or under this Act. ), the environmental impact assessment is an independent part of the procedures for the grant of the projects under this Act or of the legal regulation adopted pursuant to this Act required approval or plan setting. The environmental impact assessment is based on the provisions of § 7 (4) sentence 1 and 2 and of the legal regulation pursuant to § 7 (4) sentence 3 on the subject of the environmental impact assessment, the application documents, the publication of the project and the Date of discussion and interpretation of application documents, collection of objections, participation of public authorities, implementation of the date of discussion, the content of the approval certificate and the notification and public notice of the decision; in the case of EIA-based projects outside of Annex 1 to the Environmental Impact Assessment Act (EIA) according to § § 7 and 9b does not take place when the project requires authorisation in accordance with the rules applicable to other radioactive substances. § 2 (1) sentence 4 and § 14 of the Law on Environmental Impact Assessment as well as § 9b (2) and (5) No. 1 remain unaffected. (2) Before filing an administrative court action, which is one after carrying out an environmental impact assessment shall not be subject to an investigation in a preliminary procedure. Unofficial table of contents

§ 2b Electronic Communications

(1) The provisions of the Administrative Procedure Act on Electronic Communications shall apply unless otherwise specified by the legislation of this Act or by a decree-law adopted pursuant to this Act. (2) Electronic administrative acts in accordance with this Act or pursuant to a decree law issued pursuant to this Act are subject to a permanently verifiable qualified electronic signature according to § 37 (4) of the Administrative Procedure Act (3) The application shall be submitted in electronic form, , the competent authority may also require the submission of documents to be annexed to the application, including in writing.

Second section
Monitoring rules

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§ 3 Imports and exports

(1) Anyone who imports or carries out nuclear fuels shall be authorised. (2) The authorisation to import shall be granted if:
1.
there are no facts which raise concerns about the reliability of the importer, and
2.
shall ensure that the nuclear fuel to be introduced is subject to compliance with the provisions of this Act, the legal regulations adopted pursuant to this Act and the international obligations of the Federal Republic of Germany in the field of of nuclear energy.
(3) The authorisation to export shall be granted where:
1.
there are no facts which raise doubts as to the reliability of the exporter, and
2.
shall ensure that the nuclear fuel to be carried out does not in any way jeopardize the international obligations of the Federal Republic of Germany in the field of nuclear energy or the internal or external security of the Federal Republic of Germany By way of example.
(4) Other provisions on import and export shall remain unaffected. (5) The import or export within the meaning of this Act shall be equal to any other shipment to or from the scope of this Act. Unofficial table of contents

§ 4 Transport of nuclear fuels

(1) The transport of nuclear fuel outside a completed site on which nuclear fuel is State-held or an activity authorized in accordance with Articles 6, 7 and 9 shall be subject to authorization. This shall be granted to the shipper or to the person who takes over the dispatch or transport of the nuclear fuel. (2) The authorisation shall be granted if:
1.
there are no facts which raise doubts as to the reliability of the applicant, the carrier and the persons performing the transport,
2.
ensure that the carriage is carried out by persons who possess the necessary knowledge of the possible risk of radiation and of the protective measures to be applied to the intended transport of nuclear fuels,
3.
ensure that the nuclear fuel is transported in accordance with the legislation on the transport of dangerous goods in accordance with the relevant modes of transport, or, where such provisions are lacking, in other ways, after the State of the art and technology required to prevent damage caused by the transport of nuclear fuel,
4.
the necessary provision is made for the fulfilment of statutory claims for damages,
5.
the necessary protection against disrupting measures or other effects of third parties is ensured,
6.
the overriding public interests of the choice of the type, time and route of transport are not impeding,
7.
for the transport of irradiated fuel elements of installations for the separation of nuclear fuels for the commercial production of electricity to central interim storage facilities in accordance with § 6 (1), it is proved that a storage facility in a sentence according to § 9a (2) sentence It is not available to any intermediate storage facility located near the site.
(3) The provision of the necessary provision in accordance with paragraph 2 (4) for the performance of statutory claims for damages shall not be required for the transport of the nuclear fuels referred to in Appendix 2 to this Act. (4) The authorisation shall be for the individual (5) A copy or a publicly certified copy thereof shall be granted to an applicant in general for a maximum period of three years, provided that the purposes referred to in § 1 (2) to (4) are not precluded. of the approval certificate shall be carried on during transport. The carrier shall also carry out a certificate which complies with the requirements of Article 4 (c) of the Paris Convention, provided that it is not a transport which, in accordance with paragraph 3, provides for compliance with the requirements of Article 4 (c) of the Paris Convention. Legal claims for damages are not required. The communication and the certificate shall be presented at the request of the authority responsible for the inspection and the competent authority of the competent authority. (6) The first sentence of paragraph 5 shall not apply to the carriage by rail by a railway operator. In addition, the legislation on the transport of dangerous goods in force for each mode of transport remains unaffected. Unofficial table of contents

Section 4a Cover provision for cross-border transport

(1) The necessary provision for the fulfilment of statutory claims for damages pursuant to Article 4 (2) (4) is subject to the provisions of paragraphs 3 and 4 in the case of the international carriage of nuclear fuels if the provisions of Article 4 are applicable. (2) Insurer within the meaning of Article 4 (c) of the Paris Convention, the European Parliament and the Council of the European Union shall, in accordance with Article 4 (c) of the Paris Convention, refer to the provisions of Article 4 (c) of the Paris Convention. Convention
1.
a national insurance undertaking authorised to operate the liability insurance scheme in Germany; or
2.
an insurance undertaking of a third country within the meaning of Article 105 (1) of the Insurance Supervision Act, which is empowered to operate the liability insurance in its host country if, in addition to it, an insurance undertaking authorized in accordance with the provisions of point 1 or an association of such insurance undertakings shall be responsible for the obligations of a liability insurer.
Any other financial security may be admitted instead of the insurance if it is guaranteed that the person responsible for the security of the cover, as long as he/she has to be reckoned with, will be able to do so, his legal status. (3) If, for a Contracting State to the Paris Convention, the Brussels Complementary Convention has not entered into force, in the case of transit of Nuclear fuel shall be subject to the authorisation provided for in Article 4 of this Regulation to the effect that the Right of this Contracting State, the maximum amount of liability of the holder of the nuclear facility for nuclear events which occurs in the course of domestic transport, to the extent that it is increased, as is the quantity and nature of the nuclear fuel, and the security measures taken are necessary. The holder of the nuclear facility shall provide proof of financial security for the increased liability limit by presenting a certificate issued by the competent authority of the Contracting State. (4) In the case of importation or exportation of Nuclear fuels from one or another State Party to the Paris Convention, for which the Brussels Supplemental Agreement has not entered into force, may be subject to the authorisation provided for in Article 4 of this Agreement to the effect that the proprietor of the Convention shall be subject to the provisions of Article 4 of the Agreement. the nuclear fuel which is to be transported to or from the nuclear fuel which is to be transported Liability for nuclear events occurring in the course of domestic transport under the provisions of this Act shall be assumed if the maximum amount of liability provided for in the other State Party to the Paris Convention is in respect of the The quantity and nature of the nuclear fuel as well as the safety measures taken are not appropriate. Unofficial table of contents

§ 4b Carriage of nuclear materials in special cases

(1) Anyone who carries nuclear materials without the need for a licence pursuant to § 4 shall, before the commencement of the transport of the competent authority, have to prove the necessary provision for the performance of statutory claims for damages. If the provision is not sufficient, the managing authority shall fix the necessary financial security in accordance with the principles of § 13 para. 2 No. 1. § 4 (5) sentences 2 and 3 and § 4a shall apply. (2) Paragraph 1 shall not apply in so far as the transportation of nuclear materials referred to in Appendix 2 to this Act is concerned. Unofficial table of contents

§ 5 Permission to possess nuclear fuel; State custody

(1) The possession of nuclear fuels shall have the right to use nuclear fuel or to promote nuclear fuel on the basis of a permit issued under this Act or by a regulation adopted pursuant to this Act, in particular: Nuclear fuel
1.
in accordance with § 4,
2.
to be kept in accordance with a permit pursuant to § 6,
3.
shall be processed, processed or otherwise used in an installation approved in accordance with section 7 or on the basis of an authorisation pursuant to § 9;
4.
are temporarily stored or disposed of in an installation for the purpose of securing or disposal of radioactive waste pursuant to sections 9a to 9c of this Regulation.
For the possession of nuclear fuel, an order pursuant to § 19 (3) sentence 2 no. 2 for the storage of nuclear fuels is also entitled. (2) Those who have direct possession of nuclear fuels without being entitled to do so under the first sentence of paragraph 1 shall have the right to protect the nuclear fuel. To ensure that the nuclear fuel remains in the possession of the nuclear fuel in accordance with the first sentence of paragraph 1. Sentence 1 shall not apply to those who find and accept nuclear fuels without their will to obtain the actual violence on nuclear fuels or to obtain the actual violence on nuclear fuels without knowing that these nuclear fuels are (3) In the case referred to in the first sentence of paragraph 2, a retention shall not be effected for the direct owner pursuant to a permit pursuant to § 6 or any other authorized possession pursuant to the first sentence of paragraph 1, until such time as the production of a authorized possession of the nuclear fuel immediately by the state and for this purpose to the depositary authority, unless an order pursuant to section 19 (3) sentence 2 no. 2 deviates from or allows for deviating. Those who have delivered nuclear fuel in accordance with the first sentence shall, in order to protect the general public, ensure that they have a legitimate possession in accordance with the first sentence of paragraph 1, in conjunction with the first sentence of paragraph 2. The second sentence shall apply mutagens to the holder of the right of use and consumption of nuclear fuels, which shall be held by the State, and for those who have to take over or take back nuclear fuel from a third party, without, in accordance with the first sentence of paragraph 1, the (4) Nuclear fuels, in which a person entitled under paragraph 1 cannot be identified or withdrawn, shall be protected by the state. (5) In the case of state custody, the nuclear fuel shall be subject to the state of the art. of science and technology to prevent damage caused by the (6) The release of nuclear fuel from public storage or the supply of nuclear fuel. (7) In order to enforce the obligations laid down in the first sentence of paragraph 2 and the second sentence of paragraph 3 and 3, the depositary authority may, in respect of the persons referred to in the first sentence of paragraph 2, stay the same persons as the persons referred to in the first sentence of paragraph 1. To make nuclear fuel in the catering or for delivery to a person entitled to possession. By way of derogation from Section 11 (3) of the Administrative Enforcement Act, the amount of the penalty shall be up to 500,000 euros. The powers of the supervisory authorities pursuant to Section 19 (3) shall remain unaffected. (8) Paragraphs 1 to 7 shall not apply to nuclear fuel contained in radioactive waste. Unofficial table of contents

§ 6 Approval for the storage of nuclear fuel

(1) If nuclear fuel is kept outside the state's custody, the authorisation shall be required. An authorisation shall also require a substantial change of the authorised storage. (2) The authorisation shall be granted if there is a need for such safekeeping and if:
1.
there are no facts which raise concerns about the reliability of the applicant and of the persons responsible for the management and supervision of the storage, and those responsible for the management and supervision of the storage who have the necessary expertise to do so,
2.
the precautions to be taken in accordance with the state of science and technology against damage caused by the storage of nuclear fuel,
3.
the necessary provision is made for the fulfilment of statutory claims for damages,
4.
the necessary protection against disrupting measures or other effects of third parties is ensured.
(3) Anyone who is responsible for the fulfilment of the obligation pursuant to section 9a (2) sentence 3 within the completed site of an installation for the division of nuclear fuel for the commercial production of electricity in a separate warehouse in transport and Storage containers of irradiated nuclear fuels, until they are delivered to a plant for the disposal of radioactive waste, shall be subject to a marketing authorisation as referred to in paragraph 1. The conditions for the approval of points 1 to 4 of paragraph 2 shall apply in accordance with. (4) The action against an amendment to the amendment referred to in the second sentence of paragraph 1 which has been granted for the purpose of fulfilling the obligation under Article 9a (2a) shall not have any effect on the subject. (5) The storage of nuclear fuel in nuclear installations referred to in paragraph 3 in conjunction with paragraph 1 shall not exceed 40 years from the start of the initial storage of a container. An extension of the authorisations in accordance with the first sentence may only be made for inimitable reasons and after the previous version of the German Bundestag. Unofficial table of contents

§ 7 Approval of annexes

(1) Anyone who establishes, operates, operates or otherwise holds a fixed installation for the production or processing, processing or division of nuclear fuels or for the processing of irradiated nuclear fuels, or the installation or operation thereof, is subject to a substantial change, requires approval. No authorisations shall be granted for the establishment and operation of installations for the separation of nuclear fuels for the industrial production of electricity and for the processing of irradiated nuclear fuels. This does not apply to significant changes in plants or their operations. (1a) The entitlement to operate a plant for the separation of nuclear fuels for the industrial production of electricity shall be deleted if the plant in Annex 3, column 2 the quantity of electricity listed for the installation or the quantity of electricity produced on the basis of transfers referred to in paragraph 1b shall be produced, but not later than
1.
with the expiry of 6 August 2011 for the nuclear power plants Biblis A, Neckarwestheim 1, Biblis B, Brunsbüttel, Isar 1, Unterweser, Philippsburg 1 and Krümmel,
2.
with the expiry of 31 December 2015 for the Grafenrheinfeld nuclear power plant,
3.
at the end of 31 December 2017 for the Gundremmingen B nuclear power station,
4.
at the end of 31 December 2019 for the nuclear power plant in Philippsburg 2,
5.
with the end of 31 December 2021 for the nuclear power plants Grohnde, Gundremmingen C and Brokdorf,
6.
with the end of 31 December 2022 for the nuclear power plants Isar 2, Emsland and Neckarwestheim 2.
The production of the quantities of electricity listed in column 2 of Appendix 3 shall be measured by means of a measuring instrument. The measuring instrument according to the second sentence must comply with the provisions of the measuring and calibration law and the legal regulations adopted pursuant to the measuring and calibration law. A measuring instrument in accordance with the second sentence may only be put into service after an authority has established its suitability and orderly use in accordance with Section 54 (1) of the Measurement and Verification Act. Those who use a measuring instrument in accordance with the second sentence shall immediately set up and connect the measuring instrument in such a way as to ensure that the accuracy of the measurement and the reliable reading of the display are ensured. The provisions of the Measurement and Verification Act and of the legal regulation adopted pursuant to this Act shall apply. In each calendar year, the holder of the approval shall, by means of an expert organisation and the quantity of electricity produced in each calendar year, have the status of the measuring instrument as intended by an auditor or an auditor within one month. (1b) The quantities of electricity referred to in Appendix 3, column 2, may be transferred, in whole or in part, from one installation to another, if the receiving installation is to be used for the commercial purposes. Power operation later than the donating plant has begun. By way of derogation from the first sentence, electricity quantities may also be transferred from an installation which has commenced commercial performance operation at a later date when the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety, in agreement with the The Federal Chancellery and the Federal Ministry of Economics and Technology have agreed to the transfer. The consent provided for in the second sentence shall not be required if the issuing plant permanently cedes performance and an application under the first sentence of paragraph 3 has been submitted for the decommissioning of the plant. The quantities of electricity referred to in Annex 3, column 2, may be transferred from the installations referred to in the first sentence of paragraph 1 (1) (1) to (6), even after the authorization has been extinguisher, in accordance with the provisions of the 1 to 3 sentences. (1c) The licence holder shall have the competent
1.
to communicate monthly the quantities of electricity produced in connection with Annex 3, column 2, in the previous month, as referred to in paragraph 1 (a),
2.
to submit the results of the verifications and the certificates referred to in the third sentence of paragraph 1a within one month of their existence,
3.
to communicate the transfers made between installations in accordance with paragraph 1b within one week of the establishment of the transfer.
The marketing authorisation holder shall, in the first monthly communication on the quantity of electricity produced, in accordance with the first subparagraph of point 1, point out a communication concerning the quantity of electricity produced since 1 January 2000 up to the last day of April 2002, which shall be has been verified and certified by an auditor or an accounting firm. The period of the first monthly communication shall start from 1 May 2002. The information referred to in the first sentence of 1 to 3 and the indication of the quantity of electricity still remaining shall be made known by the competent authority in the Federal Gazette, where the quantities of electricity produced shall be referred to in the sense of: in the case of a calendar year in the Federal Gazette, but with a probable residual maturity of less than six months per month. (1d) Paragraph 1a of the Mülheim-Kärlich Nuclear Power Plant shall apply. The first sentence of the first sentence of paragraph 1b, the first sentence of paragraph 1b, and the first sentence of paragraph 1c (1), point 3, provided that the (1e) The competent authority may, in order to prevent hazards or disturbances in the safety or security of the nuclear power plant, be able to carry out the production of electricity. (1e) The competent authority may not be able to supply electricity to the nuclear power stations listed in column Reliability of the electricity supply system within the meaning of § 13 of the Energy Economics Act of 7 July 2005 (BGBl. 1970, 3621), as last amended by Article 4 of the Law of 7 March 2011 (BGBl). 338), or in order to prevent a threat or disturbance of the energy supply for the vital need within the meaning of Section 1 of the Energy Security Act of 20 December 1974 (BGBl. 3681), which was last amended by Article 164 of the Regulation of 31 December 2008. October 2006 (BGBl. 2407), until 1 September 2011, it shall determine that one of the installations referred to in the first sentence of paragraph 1a (1), which is suitable for location and electrical connection, shall be determined by the end of 31 March 2013 in a operating state to generate electricity (reserve operation). If the reserve operation is arranged according to the first set, the entitlement to the performance operation will be restored as a reserve operation authority for that asset. The provisions of paragraph 1a (2) to (7), (1b) to (1d) and (3) shall not apply to the reserve establishment. (2) The authorisation may only be granted if:
1.
there are no facts which give rise to concerns about the reliability of the applicant and the persons responsible for the establishment, management and supervision of the operation of the plant, and those responsible for the establishment, management and To supervise the operation of the installation responsible persons shall possess the necessary technical expertise,
2.
shall ensure that the persons otherwise engaged in the operation of the installation have the necessary knowledge of the safe operation of the installation, the possible hazards and the protective measures to be applied;
3.
the preventable nature of the damage caused by the establishment and operation of the plant, in accordance with the state of science and technology, is taken,
4.
the necessary provision is made for the fulfilment of statutory claims for damages,
5.
the necessary protection against disrupting measures or other effects of third parties is ensured,
6.
major public interests, in particular with regard to the environmental impact, do not conflict with the choice of location of the plant.
(2a) (omitted) (3) The decommissioning of an installation as referred to in the first sentence of paragraph 1 and the safe inclusion of the permanent set-aside or the dismantling of the installation or parts of the plant shall require the approval. Paragraph 2 shall apply mutatily. An authorisation in accordance with the first sentence is not required, insofar as the planned measures have already been the subject of an authorization pursuant to the first sentence of paragraph 1 or an order pursuant to Article 19 (3). (4) In the approval procedure, all federal authorities who are responsible for the The Member States, the municipalities and the other local authorities whose competence is affected. If there are differences of opinion between the approval authority and one of the federal authorities involved, the approval authority shall seek the instructions of the Federal Ministry responsible for nuclear safety and radiation protection. In addition, the approval procedure is governed by the principles of § § 8, 10 para. 1 to 4, 6 to 8, 10 sentence 2 and § 18 of the Federal Immission Protection Act by means of legal regulation; it may be provided that the examination of the The environmental compatibility of the measures envisaged for the decommissioning, safe containment or dismantling of installations for the division of nuclear fuels or plant parts may be subject to a discussion date. (5) Shall be subject to paragraphs 1, 2 and 4 accordingly. However, the legal regulation referred to in the third sentence of paragraph 4 may provide that it may be waited from a contract notice and an interpretation of the documents and that there shall be no discussion of objections to that extent. (6) § 14 of the Federal Immission Protection Act shall apply mutatily to the effects of an approved installation on a different property.

Footnote

Section 7 (1e) Sentence 1 Italics: The word 'electricity supply system' should be correctly 'electricity supply system' Unofficial table of contents

§ 7a Presuming

(1) On request, an advance notice may be issued on individual questions on which the granting of the approval of an installation according to § 7 depends, in particular on the choice of the location of a plant. The advance notice shall be ineffective if the applicant does not apply for authorisation within two years of the occurrence of the unquestionability; the deadline may be extended on application for up to two years. (2) § 7 (4) and (5) and § § 17 and 18 shall apply accordingly. Unofficial table of contents

§ 7b Third-party objections in the case of partial approval and advance notice

If a decision has been taken in a partial authorisation or in a preliminary decision on an application in accordance with § 7 or § 7a and this decision has become indisputable, then in another procedure for the approval of the installation, objections from third parties cannot be made. to be raised on the basis of facts which had already been put forward or which could have been brought forward by the third party in accordance with the documents or the documents or the documents issued. Unofficial table of contents

§ 7c

(dropped) Unofficial table of contents

Section 7c Duties of the marketing authorisation holder

(1) The responsibility for nuclear safety shall be the responsibility of the holder of the authorisation for the nuclear installation. This responsibility may not be delegated. (2) The marketing authorisation holder referred to in paragraph 1 shall be obliged to:
1.
to establish and apply a management system that gives due priority to nuclear safety;
2.
to provide and maintain adequate financial and human resources in order to fulfil its obligations relating to the nuclear safety of the relevant nuclear installation;
3.
for the training and training of its personnel entrusted with nuclear safety nuclear safety tasks in order to maintain its knowledge and capabilities in the field of nuclear safety; and as well.
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§ 7d Further provision against risks

The holder of a permit to operate an installation for the separation of nuclear fuels for the industrial production of electricity shall, in accordance with the progressive state of science and technology, ensure that the In addition to the requirements of Section 7 (2) (3), safety precautions shall be taken to ensure that, in addition to the requirements of Section 7 (2) (3), a non-negligible contribution to further precaution against risks to the general public is provided. , Unofficial table of contents

§ 8 Relationship with the Federal Immission Control Act and the Equipment and Product Safety Act

(1) The provisions of the Federal Immission Control Act concerning installations in need of approval and the suppression of the remote use of such plants shall not apply to installations subject to approval in accordance with § 7, as far as they are concerned. the protection against the dangers of nuclear energy or the harmful effects of ionizing radiation. (2) The need for a facility requiring approval pursuant to § 4 of the Federal Immission Protection Act (Federal Immission Protection Act) to be approved in accordance with § 7, this authorisation shall include: the approval in accordance with § 4 of the Federal Immission Control Act. In accordance with the provisions of the Federal Immission Protection Act and the legal regulations issued in accordance with the provisions of the Federal Immission Protection Act, the nuclear licensing authority shall have the decision in agreement with the national authority responsible for the protection of the immission. (3) For installations in need of surveillance pursuant to Section 2 (30) of the Product Safety Act, which are used in approved installations within the meaning of § 7, the approval authority may, in individual cases, make exceptions to the applicable regulations. Legislation on the establishment and operation of installations in need of surveillance , to the extent that this is due to the special technical nature of the installations according to § 7. Unofficial table of contents

§ 9 Processing, processing and other use of nuclear fuel outside of approved plants

(1) Anyone who processes, processes or otherwise uses nuclear fuel outside of installations of the type referred to in § 7 shall require the approval. A permit shall also be required if the processing, processing or other use of the procedure laid down in the instrument of approval is substantially different or where the establishment or location of the site referred to in the approval certificate (2) The authorisation may only be granted if:
1.
there are no facts which raise concerns about the reliability of the applicant and the persons responsible for the management and supervision of the use of the nuclear fuel, and those responsible for the management and supervision of the supervision and supervision of the use of nuclear fuel of the persons responsible for the use of nuclear fuels shall have the technical expertise required for this purpose,
2.
ensure that the persons otherwise involved in the intended use of nuclear fuels possess the necessary knowledge of the possible dangers and the protective measures to be applied,
3.
the level of damage caused by the use of nuclear fuels, in accordance with the state of science and technology, is taken;
4.
the necessary provision is made for the fulfilment of statutory claims for damages,
5.
the necessary protection against disrupting measures or other effects of third parties is ensured,
6.
the overriding public interests, in particular with regard to the rearing of water, air and soil, do not preclude the choice of place for the use of nuclear fuels.
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§ 9a Recycling of radioactive waste and disposal of radioactive waste

(1) Those installations in which nuclear fuel is handled, operated, operated, otherwise held, substantially altered, stilted or disposed of, outside such installations with radioactive materials, or installations for the production of ionizing radiation , has the power to ensure that any radioactive residues arising as well as of the developed or degraded radioactive parts of the plant are appropriately recovered or classified as radioactive waste for the purposes referred to in § 1 (2) to (4) be removed (direct final storage). The supply of irradiated nuclear fuel derived from the operation of installations for the division of nuclear fuels for the industrial production of electricity to a plant for the processing of irradiated nuclear fuels shall be of the following: 1 July 2005. (1a) The operators of nuclear fuel splitting installations for the production of electricity have to demonstrate that they are responsible for the performance of their obligations under paragraph 1 for and in the case of the production of electricity. Consideration of Section 7 (1a) and (1b) of the operating period still pending irradiated nuclear fuel, including the radioactive waste to be recovered in the case of the reprocessing of irradiated nuclear fuels, has taken sufficient precautions (waste disposal notice). Proof shall be updated annually as at 31 December and shall be submitted by 31 March of the following year at the latest. A significant change in the conditions on which the disposal system is based must be notified without delay to the competent authority. (1b) For the ordered disposal, it must be demonstrated that the safe fate for irradiated nuclear fuel as well as for radioactive waste to be recovered from the processing of irradiated nuclear fuel in interim storage facilities until it is delivered to a plant for the disposal of radioactive waste. The detection of the disposal of irradiated nuclear fuel is provided by realistic planning of adequate interim storage facilities available on demand. For the intermediate storage requirements for irradiated nuclear fuels, which are in each case existing in the next two years after the realistic planning, it is necessary to demonstrate that interim storage facilities for the disposal of radioactive materials, which are legally and technically available for this purpose, or Third party. The detection of the disposal of radioactive waste to be recovered from the reprocessing of irradiated nuclear fuels is provided by realistic planning, which results in the fact that, at the time of the binding withdrawal, the waste is withdrawn from the radioactive waste. of these radioactive waste will be available for sufficient interim storage facilities. By way of derogation from the first sentence of paragraph 1a, the verification of the orderly disposal of the radioactive waste to be recovered from the work-up may be carried out by a third party if the intermediate storage of the radioactive waste to be recovered for the disposal subject by the third party. In addition to a realistic planning in accordance with the fourth sentence, the third party has to prove that the interim storage requirements of the waste disposal requirement will be contractually secured. In the event that several waste-disposal authorities have transferred the verification to the same third party, it may lead to a common proof for the disposal authorities (proof of collection). The proof of collection consists of a realistic planning according to sentence 4 for the total area of storage requirements of the disposal subject and the presentation that it will be contractually secured in accordance with requirements. (1c) Insofar as the second sentence of the first sentence of paragraph 1 In the case of nuclear fuel, it must be demonstrated that the redeployment of the plutonium recovered from the work-up and of the plutonium still to be recovered in installations for the separation of nuclear fuel for commercial use is to be proved. the production of electricity is guaranteed; this does not apply to plutonium, which is as of 31 August 2000, or for plutonium already obtained, for which the rights of use and consumption have been transferred to third parties up to that date. This evidence shall be provided for re-use within the scope of this Act for the separation of nuclear fuel for the industrial production of electricity, if realistic planning is carried out for the processing of electricity. irradiated nuclear fuel, for the production of fuel elements with the plutonium obtained from the work-up, as well as for the use of these fuel elements, and if they are to be used for the realization of this planning, within the next two years, by the submission of Contracts or contracts of contract or appropriate confirmations of third parties which have appropriate facilities for this purpose, or in the case of the use of the fuel elements in appropriate facilities of the waste disposal party, by submitting the planning of their Use is shown. Evidence of re-use in other installations operated within the European Union or in Switzerland for the separation of nuclear fuel for the industrial production of electricity shall be provided where binding confirmations of the nuclear fuel are to be established. Transfer of rights of use and consumption for the purpose of reinstatement of plutonium produced from the work-up. (1d) The uranium obtained from the processing of irradiated nuclear fuels has the following: Responsible for the safe whereabouts by realistic planning on sufficient, proof of intermediate storage facilities available on demand. The third sentence of paragraph 1b shall apply accordingly. As soon as the intermediate uranium is to be transferred from the intermediate storage facility, this shall be communicated to the competent authority, including the planned disposal route in order to fulfil the obligations laid down in paragraph 1. (1e) Paragraph 1a shall apply mutatily to: Operators of nuclear fuel-splitting plants for research purposes. (2) Those who own radioactive waste shall deliver them to a plant in accordance with paragraph 3. This shall not apply in so far as the derogation has been determined in accordance with the third sentence or by a regulation adopted pursuant to this Act or has been ordered or approved under this Act or by such a decree. The operator of an installation for the separation of nuclear fuel for the commercial production of electricity shall ensure that an interim storage facility pursuant to section 6 (1) and (3) within the completed site of the plant or in accordance with section 6 (1) near the plant is to be installed (intermediate storage location close to the site) and the irradiated nuclear fuels are stored there until they are delivered to a disposal facility for the disposal of radioactive waste; the possibility of the delivery of radioactive waste is Nuclear fuel for reprocessing as referred to in the second sentence of paragraph 1 shall remain unaffected. The competent authority shall, on request, authorise derogations from the duty of custody in accordance with the third sentence if the operator of an installation has made a decommissioning request and has made a binding statement of the date before 1 July 2005 of the operation of the Plant for the separation of nuclear fuel for the industrial production of electricity will permanently cease. Where the competent authority grants the exemption from the obligation to custody in accordance with the third sentence, entitlement to the operation of the plant for the division of nuclear fuel for the commercial production of electricity shall be granted by the operator in its (2a) The operator of installations for the separation of nuclear fuel for the commercial production of electricity must also ensure that the nuclear fuels irradiated from the reprocessing of nuclear fuels are solidified abroad Fission product solutions withdrawn and in interim storage facilities close to the site, as referred to in paragraph 2 (3) The Länder have land registration offices for the interim storage of radioactive waste generated in their territory, and the Federal Government has facilities for the storage of radioactive waste. To establish and ensure the disposal of radioactive waste. They may serve to fulfil their duties of third parties. In order to fulfil its duty, the Federation may, in whole or in part, transfer the performance of its duties to third parties with the necessary powers of authority, if they provide guarantee for the proper performance of the delegated tasks; the third party is subject to the supervision of the federal government. The third party, in accordance with the third sentence, may charge a fee for the use of installations for the purpose of securing and disposal instead of costs. Insofar as the task perception is transferred in accordance with the third sentence, the contributions made in accordance with section 21b shall apply, which shall be made in accordance with the provisions of the legal regulation issued pursuant to Article 21b (3) and the contributions made by the Landessammelstellen pursuant to § 21a (2) (2) (9) the amounts which have been taken off as services to which the third party has been provided. There is no liability of the Federal Government for the infringement of the obligations of the third party in accordance with the third sentence; in order to cover damages resulting from the breach of the obligations of the third party, the third party shall have sufficient liability insurance to be covered by the liability. § 25 shall remain unaffected. Insofar as the task perception is transferred from the Federal Government to the third party in accordance with the third sentence, the Federal Government shall release these from damages obligations in accordance with § 25 up to the amount of 2.5 billion euros. The supervisory authority shall decide on appeals against administrative acts adopted by the third party in accordance with the third sentence. (4) (omitted) Unofficial table of contents

Section 9b Admission procedure

(1) The establishment, operation and decommissioning of the federal plants referred to in § 9a (3) and the substantial modification of such plants or their operations shall require the planning of the plan. On request, the project may be carried out in stages and, accordingly, partial planning decisions may be issued if a preliminary examination shows that the conditions laid down in paragraph 4 have been met with a view to the establishment, operation of the the whole plant and the decommissioning. Section 74 (6) of the Administrative Procedure Act shall apply with the proviso that the competent authority may issue a plan approval only on request or on its own behalf, in place of a decision on the planning of the planning, if the substantial change in the in the case of installations or their holding referred to in the first sentence, and the change cannot have a significant adverse effect on a property referred to in Article 2 (1), second sentence, of the Environmental Impact Assessment Act. § 76 of the Administrative Procedure Act does not apply. (1a) In the cases where the location has been determined by federal law, a permit shall be granted to the position of the plan determination. The authorisation may only be granted if the conditions laid down in Article 7 (2) (1) to (3) and (5) are met; these conditions shall apply mutatily to the decommissioning. The authorisation shall be refused if:
1.
The establishment, operation or decommissioning of the planned plant shall be expected to affect the good of the general public, which cannot be prevented by substantive restrictions and conditions, or
2.
other public-law provisions, in particular with regard to environmental compatibility, the establishment, operation or decommissioning of the installation.
The authorisation shall establish the admissibility of the project with regard to all public matters which it touches; in addition to the authorisation, other official decisions, in particular public-law authorisations, shall be adopted; The granting of licences, permits, authorisations, consents and plans shall not be required, with the exception of licences and authorisations for water, and decisions on the admissibility of the project in accordance with the provisions of the Berg and deep storage right. The clearance decision shall involve all the authorities of the Federal Government, the Länder, the municipalities and the other local authorities whose competence is affected. The decision shall be taken in consultation with the relevant competent authorities. § 7b and the Ordinance on Nuclear Law shall apply. (2) In the event of a plan, the environmental compatibility of the plant shall be examined. The environmental impact assessment shall be part of the examination referred to in paragraph 4. In the cases referred to in paragraph 1a, the environmental performance of the installation shall be assessed, which may be carried out on the basis of the environmental impact assessment already carried out in the site selection procedure in accordance with the provisions of the site selection law. additional or other significant environmental effects of the plant to be supplied are limited. (3) The plan determination decision may be limited in content and subject to conditions in order to achieve the purposes referred to in § 1. In so far as it is necessary to achieve the purposes referred to in § 1 Nos. 2 to 4, subsequent conditions shall be permitted. (4) The planning decision may only be granted if the conditions referred to in Article 7 (2) (1) to (3) and (5) are fulfilled. , these conditions shall apply mutatily to the decommissioning. The plan determination decision shall be refused if:
1.
The establishment, operation or decommissioning of the planned plant can be expected to affect the well-being of the general public, which cannot be prevented by substantive restrictions and conditions, or
2.
other public-law provisions, in particular with regard to environmental compatibility, the establishment, operation or decommissioning of the installation.
(5) § § § 72 to 75, 77 and 78 of the Administrative Procedure Act shall apply to the planning procedure with the following conditions:
1.
The announcement of the project and the discussion date, the interpretation of the plan, the collection of objections, the implementation of the discussion date and the notification of the decisions are in accordance with the legal regulation according to § 7 (4) sentence 3 , As regards the form and content and nature and scope of the plan to be submitted, the provisions contained in this Regulation shall apply, with regard to nuclear safety and radiation protection, in accordance with the provisions of this Regulation.
2.
Prior to a reserved decision, it may be waited from a notice and interpretation of the subsequent documents if their notice and interpretation would not reveal any other circumstance which would be significant for third party concerns. .
3.
The plan determination does not cover the admissibility of the project in accordance with the rules of the mining and deep-storage law. The competent authority of the competent authority pursuant to Section 23d (1) (2) shall decide on this.
4.
§ 7b of this Act as well as § 18 of the German Atomic Energy Ordinance Act shall apply in accordance with the decisions on partial planning of the Federal Government's annexes pursuant to Section 9a (3).
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§ 9c Landessammelstellen

For the storage or processing of radioactive waste in Landessammelstellen in accordance with § 9a (3) sentence 1, first half-sentence, the licensing requirements of this law applicable to the handling of these radioactive substances are the basis of this law and the Acts adopted by law shall apply. Unofficial table of contents

§ § 9d to 9f (omitted)

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§ 9d Enpropriation

(1) For the purposes of the installation and operation of installations for the disposal of radioactive waste and for the purpose of making significant changes to such installations or their operations, the expropriation shall be permitted to the extent that they are to be carried out in accordance with (2) The expropriation shall also be permitted for the purposes of preparing the site for installations for the disposal of radioactive waste, insofar as they are intended for the implementation of exploratory measures on the Basis of the provisions of the Federal Mining Act as well as the disclosure of which the decision must be taken on a day-to-day exploration in accordance with Section 14 (2) sentence 5 semi-sentence 2 of the site selection law. The expropriation is necessary, in particular, for the implementation of explorations measures, if the suitability of certain geological formations as a disposal site for radioactive waste without the expropriation is not or not to the necessary extent or if the investigation of suitability without the expropriation would be significantly impeded, delayed or otherwise made more difficult. The special provisions of the Federal Mining Act concerning the assignment and the basic assignment as well as any other interference in the rights of third parties for mining purposes remain unaffected. Unofficial table of contents

§ 9e Subject matter and admissibility of the expropriation; compensation

(1) Due to the expropriation pursuant to § 9d
1.
the property or other rights of land and equal rights are withdrawn or debited;
2.
rights and powers which entitle the acquisition, possession or use of land or equal rights of land or which restrict the pledge in the use of land or the same rights;
3.
Mining rights and old rights maintained under the Bundesberggesetz (Federal Mining Act) are withdrawn or debited,
4.
the rights of the species referred to in paragraph 2 shall be justified.
2. The expropriation is only permissible if the good of the general public, in particular the assurance of the disposal of radioactive waste according to § 9a, requires it and if the intended purpose of the expropriation is carried out under Consideration of the location of the project can not be achieved in other reasonable ways. In the case referred to in paragraph 9d (1), the proposed or approved plan shall be based on the expropriation procedure and shall be binding on the expropriation authority. The expropriation presupposedly requires the applicant to make serious efforts to acquire the rights or powers under paragraph 1, or to agree a use relationship on reasonable terms, in a fugitive way. Rights and powers may only be expropriated to the extent necessary to achieve the purpose of the expropriation. If a property or a spatially or economically connected property is to be expropriated only in part, the owner can demand the extension of the expropriation to the remaining property or the remaining property to the extent that the property is The remaining property or the remaining property can no longer be used in a reasonable degree of construction or economic use. (3) Compensation by the applicant shall be made for the expropriation. Section 21b shall remain unaffected. The compensation shall be granted for the loss of rights due to the expropriation as well as for other assets which are due to the expropriation. Compensation for loss of rights shall be determined in accordance with the traffic value of the rights or powers to be expropriated in accordance with paragraph 1. If a party has agreed in writing with the transfer, charge or other limitation of rights or powers under paragraph 1, the compensation procedure may be carried out directly. (4) For the expropriation and In addition, the compensation shall apply in accordance with § § 93 to 103 and 106 to 122 of the Construction Code. In the case of the expropriation of mining rights and rights within the meaning of § 9e (1), first sentence, point 3, Section 116 of the Construction Code shall apply, with the proviso that the exercise of the aforementioned rights is provisionally withdrawn from the authorized person and, insofar as this is applicable to the § 9d (1) and (2) is required to be provisionally transferred to the applicant. (5) For legal remedies against decisions of the expropriation authority, § § 217 to 231 of the Construction Code apply. Appeals against decisions pursuant to Section 116 of the Construction Code do not have suspensive effect. The request for an order for the postponing effect pursuant to § 80 (5) sentence 1 of the Administrative Court order can only be filed and justified within one month of the date of notification of the decision. This is to be pointed out in the right of appeal. Unofficial table of contents

§ 9f Preworking on land

(1) The owners and other persons entitled to use have to condone the fact that, in order to prepare the planning of the plan according to § 9b as well as for the upper-day site exploration of installations for the disposal of radioactive waste, land is entered and driven, as well as Measurements, ground and ground water tests and similar temporary preparatory work on land shall be carried out by the persons responsible for this purpose. The intention to enter land and to carry out such works is to be announced in advance to the owner and the other authorized users in good time. (2) After completion of the preliminary work, the former condition of the land is restored. . The competent authority may order the facility to remain within the framework of the preparatory work. (3) A measure referred to in paragraph 1, or an order referred to in the second sentence of paragraph 2, shall give rise to the owner or any other person. Persons entitled to use direct assets, in such a way as to provide adequate compensation in cash. Section 21b shall remain unaffected. Unofficial table of contents

§ 9g Change lock

(1) In order to ensure planning for projects in accordance with § 9b or to secure or continue a site exploration for installations for the disposal of radioactive waste, planning areas may be planned for a period of not more than ten years by means of a regulation , on whose surfaces or in their subsoil substantially value-enhancing or the project according to § 9b or the location of the site can not be made significantly aggravating changes. A two-time extension of the definition by a maximum of ten years by means of a regulation shall be admissible if the conditions set out in the first sentence persist. The municipalities and counties whose territory will be affected by the determination shall be heard before they are determined in accordance with the first and second sentences. The definition in accordance with the provisions of the first and second sentences shall be repealed before the expiry of the specified time limits, if the conditions for determining the conditions have been omitted. The determination according to sentences 1 and 2 shall not apply with the start of the interpretation of the plan in the planning determination procedure in accordance with § 9b or § 57a of the Federal Mining Act. (2) From the beginning of the interpretation of the plan in the planning of the planning procedure according to § 9b in the areas covered by the plan and in the area of the subsoil covered by the plan, significant changes in value or significantly aggravated by the project must not be carried out until the scheduled take-up is carried out. Changes which have been initiated in a legally permissible manner beforehand, maintenance work and the continuation of a previously lawfully exercised use shall not be affected by this. (3) Paragraph 2 shall apply in accordance with projects to the under-day preparatory site exploration for installations for the disposal of radioactive waste on the basis of the provisions of the Federal Mining Act; to the point of interpretation of the plan in the plan setting procedure in accordance with § 9b the interpretation of the plan in the Planning procedures according to § 57a of the Federal Mining Act (Bundesberggesetz). (4) competent authority shall, on request, allow exceptions to the amendment to the amendment referred to in paragraphs 1 to 3 where overriding public concerns do not conflict and if the compliance with the change barrier does not appear to be in the case of an individual case (5) In the event of a change in the number of amendments referred to in paragraphs 1 to 3 for more than five years, the owner and the other persons entitled to use the property shall be entitled to an appropriate Claim compensation in money. The compensation shall be provided by the project carrier. Section 21b shall remain unaffected. Unofficial table of contents

§ 10

By means of a legal regulation, exceptions to the provisions of § § 3 to 7 and 9 may be permitted, in so far as the quantity or nature of the nuclear fuel or of certain protective measures or protective equipment does not cause damage as a result of of a self-supporting chain reaction or as a result of the effects of ionizing radiation, and in so far as the purposes referred to in § 1 (3) and (4) do not preclude the use of ionizing radiation. In the case of radioactive waste, exceptions to the provisions of § 3 may be made by means of a legal regulation pursuant to Section 11 (1) (6). Unofficial table of contents

§ 11 Authorisation provisions (approval, notification, general authorisation)

(1) Insofar as a special arrangement is not established by this law for nuclear fuels and for installations within the meaning of Section 7, it may be determined by means of a regulation for the purpose of achieving the purposes referred to in § 1,
1.
that the collection of radioactive substances, the handling of radioactive substances (production, production, storage, processing, processing, other uses and disposal), the transport of radioactive substances (acquisition and supply to others), the The transport and import and export of such substances shall be subject to authorisation or notification and under which conditions and with which secondary provisions and in which procedure a release of radioactive substances for the purpose of dismissal from the Surveillance pursuant to this Act or of a law adopted pursuant to this Act the regulation or the release of radioactive substances of natural origin from the supervision provided for in those rules;
2.
that the establishment and operation of installations for the production of ionizing radiation require authorisation or notification;
3.
that, following a type-examination by a body to be designated by the Regulation, installations, equipment and devices containing radioactive substances or producing ionizing radiation can be accepted in general, and which advertisements shall be: to reimburse the holders of such equipment, equipment and devices;
4.
In the case of installations according to Article 7 (1), first sentence, the safety-related parts of the plant which are to be manufactured before the application or prior to the grant of a permit must be installed in the equipment only if the equipment is to be pre-assembled. , and it is shown in an examination procedure that materials, design, design and manufacture satisfy the conditions laid down in Article 7 (2) (3), which authority is responsible for the procedure, which documents and the legal effects of the approval of pre-production ,
5.
that radioactive substances may not be used in certain ways or for certain purposes, or may be disposed of or not placed on the market or placed on the market in a specific manner, in so far as the prohibition on the protection of such substances is prohibited. the existence and health of the population against the dangers of radioactive substances or the enforcement of decisions by international organisations, of which the Federal Republic of Germany is a member,
6.
For the implementation of acts of the European Communities, the import, export and transit (transboundary movements) of radioactive substances requires authorisation or consent to report and report to the European Communities, and to carry out a dossier . It may also be determined that consents may be accompanied by secondary provisions,
7.
for the protection against ionizing radiations of natural origin, require a permit or display to be drawn up in more detail;
8.
that the appropriate addition of radioactive substances in the manufacture of medicinal products, medical devices, plant protection products, pesticides, substances according to § 1 (1) (1) to (5) of the Fertilizer Act or Consumer Goods or their activation and the transboundary movement of such products in need of authorisation or notification.
(2) The Regulation may make authorisations, consents referred to in paragraph 1 (6) and general authorisations subject to the purpose of this law subject to personal and factual conditions and the procedure for authorisations, (3) Insofar as the release of radioactive substances or the release of radioactive substances of natural origin, in accordance with a regulation adopted pursuant to paragraph 1 (1) of this Regulation, the Disposal in accordance with the provisions of the Circular Economy Act or the in accordance with the rules laid down in the legislation on closed-loop waste management and waste, which are based on or on the basis of the provisions of the Circular Economic and Waste Act until 1 June 2012, these substances shall not be re-used or recovered in accordance with the said provisions. Unofficial table of contents

§ 12 Rules of authorisation (safeguard measures)

(1) By means of a legal regulation, it may be determined in order to achieve the purposes referred to in § 1.
1.
what preventive and monitoring measures, including the justification within the meaning of Article 6 (1) and (2) of Council Directive 96 /29/EURATOM of 13 May 1996 laying down basic safety standards for the protection of the health of the Workers and the general public against the dangers arising from ionizing radiation (OJ C 327, 28.4.2002, p EC No 1) and Article 3 of Council Directive 97 /43/EURATOM of 30 June 1997 on the protection of the health of persons against the dangers of ionizing radiation in the event of medical exposure and repealing Directive 84 /466/EURATOM (OJ L 378, 27.12.1997, p. EC No 22) on the protection of individuals and the general public in the handling and transport of radioactive substances, in the establishment, operation and possession of installations of the kind referred to in Articles 7 and 11 (1) (2) in the handling and transport of radioactive substances Installations, equipment and devices of the type referred to in Article 11 (1) (3), in the purpose of the appropriate addition of radioactive substances or in the activation of substances, for protection against ionizing radiations of natural origin in the case of work,
2.
what provision is made to ensure that certain radiation doses and certain concentrations of radioactive substances in air and water are not exceeded;
3.
that the employment of persons in radiation-sensitive areas may take place only after the presentation of a certificate of specially authorised doctors and that, in the event of a health concern, such employment shall be subject to the supervision of the supervisory authority in respect of such employment Consultation of medical experts,
3a.
and how, in order to assess projects for the application of radioactive substances or ionizing radiation to humans in medical research, an Ethics Committee shall be involved, which requirements shall be subject to independence and expertise of such an Ethics Committee, and under which conditions their registration is to be made or revoked and how this is made public,
3b.
the identification, production and publication of diagnostic reference values in relation to the exercise of medical or dentistry for the use of radioactive substances or ionising radiation in humans, radiation exposures are determined by persons and surveys are carried out in each case,
3c.
the competent authorities shall designate medical and dental authorities and shall determine the manner in which the medical and dental authorities shall carry out tests to ensure that the use of radioactive substances in the use of radioactive substances is not possible. or ionizing radiation in medicine, the requirements of medical science and the methods used and the equipment used to meet the necessary quality standards in order to ensure the lowest possible level of medical science radiation exposure of patients, and that and to which inform the competent authorities of the results of the tests;
4.
the extent to which persons who have been or have stopped or carried out work pursuant to Section 11 (1) No 7 in radiation-sensitive areas are obliged to take measurements to determine the radiation doses undergo medical examination and, to the extent necessary for the protection of other persons or the general public, to undergo medical examination, and that the examination or treatment is to be carried out by specially authorised doctors; that, and in what way, in the operation of aircraft, radiation exposures of persons shall be determined, registered and transmitted to a body to be identified in more detail or to be determined on the basis of a legal regulation adopted pursuant to this Act, and that such bodies shall communicate to the Transmit radiation protection registers,
4a.
that the competent authorities shall designate measurement points for the determination of exposure to radiation,
5.
the manner in which the production, production, acquisition, acquisition, possession, supply and other fate of radioactive substances and the measurement of the dose and dose rate of ionizing radiation are to be carried out and messages relating to: be reimbursed,
6.
the manner in which the holder of an installation in which the radioactive material is to be dealt with or to be dealt with is obliged to inform the supervisory authority whether and which deviations from the information relating to the information relating to the radioactive material are to be dealt with and to the extent to which it is to be treated. the application for authorisation, including the accompanying documents, or the permit,
7.
Deviations from the intended operation, in particular accidents and other damage caused by the handling of radioactive substances, in the case of the establishment and operation of installations in which radioactive substances are used, , as well as in the handling of installations, equipment and devices of the type of supervisory authority referred to in § 11 (1) (3), and under which conditions and in what way the lessons learned, with the exception of: Individual information on personal and factual circumstances, for the purpose of improving the Security measures may be published by bodies to be designated in the Regulation;
7a.
that, and in what way, with regard to safety-related, significant deviations from the intended operation, in particular accidents, on the conduct of a radiological emergency situation, and in particular accidents, , as well as the ways in which persons who are used or can be used in rescue operations in case of a radiological emergency situation can be informed of any possible measures to protect the health of the health of the health and safety of the health of the health and safety to be informed of health hazards and precautions,
8.
which radioactive waste is to be delivered to the Landessammelstellen and to the federal plants pursuant to Section 9a (3), and that, in view of the extent of the risk involved, a different temporary storage or storage is required under certain conditions, or other exceptions to the obligation to deliver may be or may be ordered or approved,
9.
what requirements the unsafe recovery and the orderly disposal of radioactive waste as well as the developed or degraded radioactive plant parts have to comply with, that and with what content information is required for the performance of the obligations pursuant to § 9a para. 1 to 1e are to be submitted and updated, that and in what way, radioactive waste is to be treated before delivery to the landessammelstellen and to the plants of the federal government, to be temporarily stored and in this case as well as in the case of transport by quantity and the nature of the delivery must be demonstrated in the manner in which it is to be carried out in accordance with The Landessammelstellen und in den Anlagen des Bundes shall be ensured and stored, under which conditions and how they are to be deducted from the Landessammelstellen at annexes of the federal government and how to monitor plants pursuant to § 9a para. 3,
9a.
the way in which residues and other materials are to be recycled or removed from the work referred to in Article 11 (1) (7), in particular, and in what way, radioactive contamination by such residues or other materials are to be removed,
10.
the manner in which the protection of radioactive substances, of installations within the meaning of sections 7 and 11 (1) (2) and of installations according to the Federal Government's annexes in accordance with Section 9a (3) is to be guaranteed against disrupting measures and other effects of third parties,
10a.
that the competent authorities are able to determine the authority of persons and organisations to experts,
11.
the requirements for training, professional knowledge and skills, in particular with regard to professional experience, suitability, instruction in subject-matter understanding, scope of test activity and other requirements and obligations, and the reliability and impartiality of the experts referred to in § 20 and of the persons acting as official experts in accordance with a regulation adopted pursuant to this Act, and which shall: Requirements with regard to the technical equipment and the cooperation between members of different disciplines who are to be involved as experts within the meaning of section 20,
12.
what requirements are to be made to the necessary specialist or to the necessary knowledge of the persons involved in handling or transporting radioactive substances, as well as in the establishment and operation of installations in accordance with § § 7, 9a, paragraph 3, sentence 1, second half-sentence and § 11 para. 1 no. 2, or in the decommissioning or dismantling of installations or parts of the system pursuant to § 7 para. 3 act or carry out the safe containment or related activities, which evidence , and in what manner the approval and/or approval procedures in accordance with § § 23 and 24 are to be carried out Supervisory authorities shall examine the existence of the necessary specialist or the necessary knowledge of the requirements for the recognition of training courses in the provision of the professional certificate and to what extent the persons in question are in have to take part in a recognised course at certain intervals,
13.
The supervisory authority may adopt provisions for the implementation of the legislation adopted under points 1 to 10.
The provisions of the first and seventh paragraphs shall apply mutamatters to the transport of radioactive substances, in so far as they relate to the attainment of the purposes set out in § 1 (1), (3) and (4) and the provisions relating to financial security. (2) The fundamental right to physical integrity (Article 2 (2), first sentence, of the Basic Law) shall be restricted in accordance with the first sentence of paragraph 1, sentence 1, point 4. Unofficial table of contents

§ 12a Regulation of authorisation (decision of the Committee on the Management of the European Parliament)

The Federal Government is authorized, with the consent of the Federal Council, to take decisions of the Committee of Directors of the European Nuclear Energy Agency or its successor in accordance with the provisions of Article 1 (a) (ii) and (iii) and Article 1 (b) of the In so far as it is necessary to fulfil the purposes referred to in § 1, the Paris Convention shall enter into force by means of a regulation of the law, and in so far as the provisions of Annex 1 (1) (2) and (3) and Annex 2 to that Act are to be amended or repealed. Unofficial table of contents

Section 12b Review of the reliability of persons to protect against the decontamination or release of radioactive substances

(1) In order to protect against unauthorised activities which may result in the theft or release of radioactive substances, the approval and supervisory authorities competent pursuant to § 23 (1) (1) to (5) and (24) shall carry out a review of the reliability of the radioactive material. of the following persons:
1.
Applicants or marketing authorisation holders and other persons designated as responsible persons in authorisation, planning and supervision procedures relating to installations or activities in accordance with Sections 4, 6, 7, 9, 9a (3) or § 11 (1) (2) of this Regulation,
2.
persons who are active in the establishment or operation of installations within the meaning of Sections 7 and 11 (1) (2) or of the Federal Government's annexes pursuant to Section 9a (3) of this Regulation,
3.
persons engaged in the handling of radioactive substances or in the transport of radioactive substances, and
4.
Experts (§ 20).
Officials of the authorisation and supervisory authorities and other servants of other public authorities responsible under the first sentence, with the right of access to the relevant installations or facilities, shall be exempted from the verification of reliability. (2) Verification of the reliability shall be carried out with the prior written consent of the person to be checked (affected). (3) The competent authority shall be required to verify the verification of the person's data.
1.
examine the identity of the person concerned,
2.
in the case of the police officers of the Federal Government and of the Länder and, where necessary in individual cases, the Military Shielding Service, the Federal Intelligence Service and the Customs Crime Office in accordance with existing ones for the assessment of the Ask for the reliability of significant findings,
3.
in the case of the Federal Commissioner for the documents of the State Security Service of the former German Democratic Republic, for the purpose of establishing a full-time or unofficial activity of the person concerned for the State Security Service of the former German Democratic Republic If the person concerned was born before 1 January 1970 and there is evidence of such activity, the German Democratic Republic shall
4.
Obtain an unrestricted information from the Federal Central Register or a certificate of management for authorities pursuant to Section 30 (5) of the Federal Central Register Act,
5.
as far as is necessary in individual cases with a foreign person concerned, in order to request the transmission of data from the Register of Foreigners ' Registers and a request to the competent Foreigners Registration Authority for existing, for the assessment of the reliability Significant findings.
The measures referred to in the first sentence shall be taken into account, taking into account the nature of the installation or establishment, in particular the nature and quantity of the radioactive substances present therein, the nature of the activity, the extent of the authorisation of access and the responsibility of the (4) In the case of actual indications of doubt as to the reliability of the person concerned, the person concerned shall be subject to the following conditions: competent authority, in addition
1.
the law enforcement authorities and criminal courts, including the financial authorities responsible for tax criminal proceedings, in order to obtain information and, if there are any doubts, to request access to the file,
2.
to consult with the authorities responsible for the implementation of the War Weapons Control Act, the Dangerous Goods Transport Act, the Weapons Act, the Weapons Act, the Explosives Act, or any of the laws of the the legal regulation, and, if there are any doubts, to inspect the files held by the competent authority in the competent authority,
3.
to obtain information from the register of traffic in the procedure for the authorisation of the transport of radioactive substances.
(5) The competent authority shall give the person concerned an opportunity to express his views if, on the basis of the information obtained, there are doubts as to its reliability. (6) The competent authority may only make the personal data collected for verification process and use as far as this is necessary for the purposes of the review. (7) The constitutional protection authorities of the federal and state governments, the military shielding service, the Federal Intelligence Service, the Federal Criminal Police Office, the Customs Crime Office and The competent immigration authority shall immediately inform the competent authority of the competent authority information which has become known to them after a reply to a question referred to in the first sentence of paragraph 3, point 2 or no. 5, and which is significant for the assessment of the reliability (follow-up report). To this end, they may, in addition to the answer to the question, include the persons of the person concerned (sex; surname, name of birth, all first names and all previously kept names; day and place of birth; state of birth; place of residence; nationality, including former and dual nationality) and the file reference point. The constitutional protection authorities of the Federal Government and the Länder may also save the data referred to in sentence 2 and their file base in the joint files according to § 6 of the Federal Constitutional Protection Act. (8) The competent authority shall delete the data. Personal data stored for the purpose of verifying the reliability of the personal data at the latest five years and six months after the adoption of the decision. A negative decision and the revocation or withdrawal of a decision shall inform the competent authority of the authorities responsible for the follow-up report, which shall delete the question referred to in the first sentence of paragraph 3 or point 5, the reply to the Request and the other personal data stored in accordance with paragraph 7, second sentence, immediately after obtaining knowledge. In the other cases, the authorities responsible for the follow-up report shall delete the personal data referred to in sentence 2 at the latest five years and six months after the answer to the question. (9) The details of the review, the admissibility of measures and the definition of inspection categories in accordance with paragraph 3, the relevant criteria for assessing the reliability, the determination of the period during which reviews must be repeated, and other exceptions to the The review will be governed by a legal regulation. Unofficial table of contents

§ 12c Radiation Protection Register

(1) The data on exposure to radiation of persons exposed to radiation based on a regulation pursuant to Article 12 (1), first sentence, No. 4, shall be used for the purpose of monitoring dose limits and for observance of the principles of radiation protection in a register established by the Federal Office for Radiation Protection. The data subject shall be informed about the data storage. (2) For the aforementioned purposes, information may be provided from the register to the relevant supervisory authorities in accordance with Section 24, as well as to the authorities and persons concerned. (3) For the purposes of scientific research in the field of radiation protection, personal data may be used with the consent of the Data subjects are transmitted to third parties. Without the consent of the person concerned, they may be transmitted if the person concerned does not receive protection worthy of the transmission or the intended use of the data, or if the public interest in the research work is the result of the The confidentiality of the data subject is significantly outweighed. A transfer of personal data for purposes of scientific research is excluded if the purpose of the research can be achieved with reasonable effort through the use of anonymized data. Further data protection regulations concerning the processing and use of personal data for scientific research remain unaffected. (4) The recipient of personal data may only use this data for the purpose to which it have been authorised. The Regulation defines the conditions and procedures for the granting of information and the transfer of personal data. Unofficial table of contents

§ 12d Register of highly radioactive radiation sources

(1) The data on highly radioactive sources of radiation collected pursuant to Article 12 (1) sentence 1, sentence 1, point 5, shall be recorded in a register established by the Federal Office for Radiation Protection for the purposes referred to in § 1 (2) to (4). (2) The registers referred to in paragraph 1 shall, in particular, enter the following information concerning the high-level radioactive source, its control and the authorisations granted under this Act or of a regulation pursuant to Article 11 (1) (1) or (6):
1.
holder, date of issue, duration of approval,
2.
the identification number of the high-level radioactive source,
3.
properties, controls and use of the high-level radioactive source,
4.
the location of the transfer or storage of the high-level radioactive source;
5.
Acquisition or abandonment of the State of the High-Radioactive Radiation Source,
6.
Loss, theft or discovery of the highly radioactive radiation source.
(3) Reading access to the Register has the competent authorities in accordance with § 22 (1) and (3), § § 23 and 24, the Federal Ministry for Nuclear Safety and Radiation Protection, the Federal Office for Civil Protection and The Federal Criminal Police Office, the Federal Criminal Police Office, the Federal Police Office, the Federal Police Office, the Customs Crime Office and the Federal Republic of Germany and the Federal Republic of Germany ' s constitutional protection authorities. (4) Information from the register may be obtained from the other police authorities of the countries, the customs authorities, the Military Shielding Service and the Federal Intelligence Service are to be issued in so far as it is necessary for the performance of the respective tasks. Sentence 1 shall apply to the authorities of other States with comparable tasks and to international organisations, where binding decisions of the European Union provide for this or because of other international agreements. (5) The data stored in the register must be kept for 30 years after the last update of the data on a highly radioactive source of radiation. (6) By means of a legal regulation, the following information can be obtained from:
1.
the content and form of data collection and registration, access rights and the procedure for issuing information; and
2.
the data transfer, the correction, the blocking and the deletion of data
shall be determined. Unofficial table of contents

Section 13 Preventable provision for the fulfilment of statutory damages obligations

(1) In the authorisation procedure, the managing authority shall fix the nature, extent and amount of the provision for the performance of statutory claims for damages (financial security) which the applicant has to meet. The fixing shall be carried out at a distance of two years and in the event of a significant change in the situation, in which case the managing authority shall determine a reasonable period of time to which the obligation to cover the provisions of the obligation to cover has to be determined, within the limits of which (2) The precautionary measures referred to in paragraph 1 must be provided for:
1.
in the case of installations and activities in which liability under the Paris Convention in connection with Article 25 (1) to (4), in accordance with Article 25a or in accordance with one of the international treaties referred to in Article 25a (2), is contemplated, in an appropriate proportion are at the risk of the plant or the activity,
2.
in the other cases of an activity which, pursuant to this Act or by reason of a legal regulation adopted pursuant to this Act, requires authorisation to comply with statutory claims for damages in the circumstances offered by the circumstances. Ensure the extent.
(3) In the framework drawn up by paragraph 2 and in order to achieve the purposes referred to in § 1, more detailed provisions may be adopted by means of a legislative decree on the measures to be taken in order to ensure compliance with the law. Claims for damages are required. The level of financial security is to be regulated within the limits of a ceiling of EUR 2.5 billion; the ceiling and the ceiling are set at a distance of five years, with the aim of maintaining the real value of the financial security of the financial services. (4) The Federal Government and the Länder are not obliged to provide cover. Insofar as a country is liable for liability under the Paris Convention in conjunction with Section 25 (1) to (4), Article 25a or any of the international agreements referred to in Article 25a (2), the approval authority shall, in accordance with the provisions of the Paris Convention, apply the Application of paragraphs 1, 2 and of the legal regulation to which paragraph 3 applies, to what extent and in what amount the country is liable for the fulfilment of statutory claims for damages without cover by the exemption obligation pursuant to § 34 is to be found. This obligation to deposit is the same for the application of this law of financial security. Sentences 2 and 3 do not apply to the Federal Government. (5) Legal claims for damages within the meaning of this Act are the obligation to pay damages based on the legal liability provisions of private law. Obligations arising from § § 110, 111 of the Seventh Book of the Social Code do not fall within the scope of the statutory claims for damages within the meaning of this Act, obligations relating to damages, which are in connection with Section 7 (6) of this Act. with § 14 of the Federal Immission Control Act, as well as similar compensation or compensation obligations only insofar as the damage or impairment caused by accident has arisen. Unofficial table of contents

§ 14 Liability insurance and other cover

(1) Is the provision of financial security in respect of installations and activities in which liability under the Paris Convention in conjunction with Section 25 (1) to (4), in accordance with Article 25a, in accordance with one of the international agreements referred to in Article 25a (2) or in accordance with § 26 (1) in A connection with paragraph 1a is taken into consideration, provided by a liability insurance, shall apply to the same without a direct claim in the meaning of section 115 of the insurance contract law being established, § § 117 and 119 to 122 of the German Insurance Act. Insurance contract law corresponding with the proviso that the time limit of § 117 (2) of the The insurance contract law is two months and its expiry in respect of the liability for the transport of nuclear materials and radioactive substances, which are equivalent to them in accordance with section 26 (1a), is inhibited for the duration of the carriage; for use § 117 (3) sentence 2 of the Insurance Contract Law shall not be taken into consideration by the exemption obligation pursuant to § 34. § 109 of the Insurance Contract Law is not applicable. (2) If the financial security is provided by another financial security instead of by a liability insurance, paragraph 1 shall apply accordingly. Unofficial table of contents

§ 15 Rank of satisfaction from financial security

(1) If the holder of a nuclear facility and a claimant at the time of the occurrence of the nuclear event are the group companies of a group within the meaning of section 18 of the German Stock Corporation Act (AktG), the financial security shall be the subject of the Fulfilment of statutory claims for damages of this injured party shall only be used if this does not affect the coverage of the substitute claims of other claimants. Nuclear installations within the meaning of the first sentence are also reactors which are part of a means of transport. (2) If damage to an industrial plant has occurred in the vicinity of the nuclear plant, the first sentence of paragraph 1 shall apply if the location of the plant is not (3) The subordinated claims to be fulfilled in accordance with paragraphs 1 and 2 are of equal importance to each other. Unofficial table of contents

§ 16

(dropped) Unofficial table of contents

§ 17 Content restrictions, obligations, revocation, designation as holder of a nuclear facility

Authorisations and general authorisations pursuant to this Act or by a decree adopted pursuant to this Act shall be issued in writing, but not in electronic form; may, by way of derogation, be granted in accordance with the provisions of this Act shall provide for authorisation or general authorisation to be granted in electronic form with a permanently verifiable signature in accordance with Section 37 (4) of the Administrative Procedure Act. They may be limited in content and subject to conditions for the purpose of achieving the purposes referred to in § 1. In so far as it is necessary to achieve the purposes referred to in § 1 Nos. 2 and 3, subsequent conditions shall be permitted. Authorisations, with the exception of those in accordance with § 7, and general authorisations may be granted for a limited period of time. (2) approvals and general authorisations may be withdrawn if one of their conditions has not been fulfilled during grant. (3) Authorisations and general authorisations may be revoked if:
1.
they have not been used within two years unless the authorization or general authorisation has been determined otherwise,
2.
one of its conditions has subsequently fallen away and is not remedied in an appropriate period of time, or
3.
the provisions of this Act or of the legal regulations adopted pursuant to this Act, the arrangements and provisions of the supervisory authorities based thereon, or the provisions of the Treaty on the authorisation or (a) General authorisation may be a significant or repeated infringement or if a subsequent edition has not been complied with and will not be remedied in an appropriate period of time;
4.
Even after a reasonable grace period has been established, a proper proof in accordance with Section 9a (1a) to (1e) is not submitted or, even after a reasonable grace period has been established, no results of the security review to be carried out in accordance with Section 19a (1) shall be submitted.
(4) Authorisations are to be revoked if the financial guarantee does not correspond to the fixing in accordance with Section 13 (1) and the obligation to cover the cover does not require a financial guarantee to be fixed within one of the administrative authorities (5) authorisations or general authorisations must also be revoked where this is necessary because of a significant risk to employees, third parties or the general public, and not by subsequent conditions can be remedied in an appropriate period of time. (6) In the authorisation of activities which entitle the holder to operate a nuclear installation, the marketing authorisation holder shall be expressly designated as the holder of a nuclear facility in the notification of approval. Unofficial table of contents

§ 18 Compensation

(1) In the event of the withdrawal or withdrawal of an authorisation or general authorisation issued under this Act or pursuant to a regulation adopted pursuant to this Act, the person entitled must have the right to receive adequate compensation in cash shall be provided. If the withdrawal or the revocation is issued by a federal authority, the federal government, the withdrawal or the revocation is issued by a national authority, the country whose authority is issuing the withdrawal or the revocation shall be , has a duty to provide compensation. The compensation shall be determined with a fair balance between the interests of the general public and the person concerned and the reasons which led to the withdrawal or revocation of the person concerned. The compensation shall be limited by the amount of the expenses incurred by the person concerned and by the amount of its time value in the case of installations. Because of the amount of the compensation, the legal path is open before the ordinary courts. (2) There is no obligation to pay compensation if:
1.
the holder has obtained the authorisation or general authorisation on the basis of information which was substantially inaccurate or incomplete,
2.
the holder of the authorisation or general authorisation or the persons acting on behalf of him in connection with the exercise of the authorisation or general authorisation may give rise to the revocation of the authorisation or general authorisation , in particular through serious or repeated violations of the provisions of this Act or of the legal orders issued under this Act, or against the orders and orders of the supervisory authorities based thereon, or against the provisions of the Treaty concerning the approval or general approval or non-compliance with subsequent conditions,
3.
the revocation has to be made in respect of any significant danger to employees, third parties or the general public which has occurred subsequently and which has been justified in the approved installation or activity.
(3) Paragraphs 1 and 2 shall apply in accordance with subsequent conditions pursuant to § 17 (1) sentence 3. (4) If the country has to provide compensation, the Federal Government or any other country shall be responsible for the interest resulting from the overall situation. Revocation or revocation shall be obliged to compensate for this country. The same shall apply if the Federal Government has to pay compensation. Unofficial table of contents

Section 19 State supervision

(1) The handling and transport of radioactive substances, the establishment, operation and possession of installations of the type referred to in § § 7 and 11 (1) (2), the handling and transport of installations, equipment and devices of the type referred to in § 11 para. 1 no. 3 , the transport of such substances, installations, equipment and devices, the purpose of the addition of radioactive substances and the activation of substances, to the extent that they comply with the requirements of this Act or by means of a regulation on the basis of a legal regulation of this law, as well as work pursuant to Section 11 (1) No. 7, are subject to state supervision. The supervisory authorities shall, in particular, ensure that the provisions of this Act and the legal regulations adopted pursuant to this Act, the arrangements and provisions of the supervisory authorities and the provisions of this Act, and the provisions laid down in this Act, are not subject to the provisions of this Act. The provisions of the decision on authorisation or general authorisation shall be infringed and subsequent conditions shall be complied with. The powers and responsibilities of the supervisory authorities shall be subject to the provisions of Section 139b of the Commercial Code. The Federal Ministry responsible for nuclear safety and radiation protection may submit to it the information transmitted to it by the competent authorities in accordance with § § 22 to 24 concerning violations of the import and export regulations of this law. or the legal regulations issued pursuant to this Act, the orders and orders of the supervisory authorities based on this law, or the provisions of the Treaty concerning the approval, to the Federal Ministry of the Interior , to the extent that this is necessary for the performance of the tasks of the Federal Criminal Police Office is required for the prosecution of criminal offences in the field of foreign trade; the information transmitted may, unless otherwise provided by law, be used only for the purpose for which it has been transmitted. (2) Officers of the supervisory authority and the experts appointed by it in accordance with Section 20 or the agents of other associated authorities shall be entitled to places where radioactive substances, installations of the type referred to in § § 7 and 11 (1) No. 2 or installations, appliances and devices of the type referred to in Article 11 (1) (3) or in which: of these rays, or places for which these conditions may be presumed to be accepted, at any time, and shall be subject there to all the tests necessary for the performance of their duties. They may request the necessary information from the responsible persons or persons employed there. In addition, Section 36 of the Product Safety Act applies accordingly. The fundamental right of Article 13 of the Basic Law concerning the inviolability of the dwelling shall be restricted in so far as it is contrary to those powers. (3) The supervisory authority may order that a state of affairs to which the provisions of this Regulation shall be Law or the legal regulations issued pursuant to this Act, the provisions of the Act concerning the approval or general admission or a retrospected edition, or from which the effect of the act is contrary to the provisions of the Act of the European Union. ionizing radiation risks to life, health or property. It may, in particular, arrange
1.
that and what protection measures should be taken,
2.
that radioactive substances are stored or kept at a location designated by it,
3.
that the handling of radioactive substances, the establishment and operation of installations of the type referred to in § § 7 and 11 (1) (2) and the handling of installations, equipment and devices of the kind referred to in Article 11 (1) (3) are sometimes or, if a necessary authorisation is not granted or has been revoked in a legally binding manner, it will be definitively terminated.
(4) The supervisory powers under other legislation and the general powers resulting from the national law shall remain unaffected. (5) Paragraphs 1 to 4 shall apply in accordance with the provisions of third parties pursuant to Section 9a (3) of the Rules of Law. Sentence 3 shall be established. Unofficial table of contents

§ 19a Review, evaluation and continuous improvement of nuclear installations

(1) Anyone operating an installation for the separation of nuclear fuel for the commercial production of electricity shall carry out a safety inspection and evaluation of the plant and on the basis of which the nuclear safety of the plant shall be carried out continuously. on the market. The results of the security screening and evaluation shall be submitted to the Supervisory Authority up to the date set out in Annex 4 to this Act, to the extent that it is after 27 April 2002. The results of a re-safety review and evaluation shall be submitted every 10 years after the date referred to in Annex 4. (2) The obligation to submit the results of a safety review and evaluation shall not be required if the The holder of the licence shall make a binding declaration to the supervisory authority and the approval authority that it will definitively cease the operation of the plant at the latest three years after the dates set out in Annex 4. The entitlement to the performance of the installation shall be issued at the time it has been designated in the declaration referred to in the first sentence. In the case referred to in the third sentence of paragraph 1, the first and second sentences shall apply. (3) Anyone who operates a nuclear installation pursuant to Article 2 (3a) (1) shall have a review and evaluation of the nuclear safety of the particular installation every ten years. and to continuously improve the nuclear safety of the plant. The results of the review and evaluation shall be submitted to the supervisory authority. (4) The assessments referred to in paragraph 1 or paragraph 3 shall also include the review of measures taken to prevent accidents and mitigate the consequences of accidents, including the review of physical barriers, as well as the administrative safeguards of the marketing authorisation holder, who must fail before life, health and property are damaged by the effects of ionizing radiation. The competent supervisory authority may take more detailed instructions on the extent of the review and evaluation by the marketing authorisation holder. Unofficial table of contents

Section 20 Experts

In the authorisation and supervision procedure under this Act and the legal regulations issued pursuant to this Act, experts may be brought forward by the competent authorities. § 36 of the Product Safety Act shall apply accordingly. Unofficial table of contents

§ 21 Costs

(1) Costs (fees and expenses) shall be charged
1.
for decisions on applications pursuant to § § 4, 6, 7, 7a, 9, 9a and 9b;
2.
for the provisions of Section 4b (1) sentence 2 and Section 13 (1) sentence 2, for decisions pursuant to § 9b (3) sentence 2, for decisions pursuant to § 17 (1) sentence 3, para. 2, 3, 4 and 5, insofar as a compensation obligation is not given in accordance with § 18 (2), and for Decisions pursuant to section 19 (3);
3.
for the state preservation of nuclear fuel in accordance with Article 5 (1);
4.
for other official acts, including examinations and examinations of the Federal Office for Radiation Protection, in so far as it is competent pursuant to Section 23, and the Federal Aviation Office, in so far as it is competent pursuant to Section 23b,
4a.
for decisions pursuant to § § 9d to 9g;
5.
for the other supervisory measures to be determined in accordance with paragraph 3 in the legal regulation in accordance with section 19;
6.
for the examination of the results of the safety review and assessment in accordance with § 19a (1) and for the examination of the results of the verification and evaluation in accordance with § 19a (3).
(1a) In cases where:
1.
the revocation or withdrawal of an official act referred to in paragraph 1, provided that the person concerned has the right to do so and is not already charged pursuant to paragraph 1 of this Article;
2.
the refusal of an application for an official act, referred to in paragraph 1, for reasons other than the incompetence of the authority;
3.
the withdrawal of an application for an official act referred to in paragraph 1 after the commencement of the factual processing, but before the end of that act,
4.
the complete or partial refusal or withdrawal of an objection to
a)
an official act referred to in paragraph 1, or
b)
a cost decision fixed in accordance with paragraph 1 in conjunction with the legal regulation adopted pursuant to paragraph 3 of this Article
costs are levied. The fee may, in the cases referred to in the first sentence of sentence 1, 2 and 4, point (a), be up to the amount of the fee to be fixed for an official act, in the cases referred to in the first sentence of 1 (3), up to three quarters of the fee to be fixed for the official act, and in the cases referred to in paragraph 1 (3) the cases of sentence 1 (4) (b) shall be fixed at the rate of 10 of the hundred of the contested contribution. No fees shall be charged for decisions concerning applications pursuant to § 6, which are made pursuant to the obligation pursuant to Article 9a (2a). (2) Compensation for experts shall be deemed to be reimbursed, insofar as they are limited to amounts which are , taking into account the technical knowledge required and the particular difficulties encountered in the assessment, examination and investigation as a consideration for the work of the expert, are appropriate. (3) The following shall be provided for in a regulation in accordance with the principles of the Administrative Cost Act, which will be held until 14 August 2013 as amended. In so doing, the chargeable event shall be determined in more detail and the fees shall be determined by fixed rates, framework rates or by the value of the item. The rates shall be calculated in such a way as to cover the personnel and material costs associated with the acts, examinations or investigations; in the case of the official acts which are favourable, it may also be of importance, of economic value or of the value of the other benefits for the charge debtor are duly taken into account. In the regulation, the Federal Office for Radiation Protection and the obligation to pay fees for the official acts of certain authorities may be exempt from costs by way of derogation from § 8 of the Administrative Covenants Act in the period up to 14 August 2013. the current version. The period of limitation of the cost liability may be extended by way of derogation from § 20 of the Administrative Cost Act in the version valid until 14 August 2013. Whereas it may be determined that the Regulation should also apply to the administrative procedures pending before the date of its entry into force, to the extent that the costs are not already fixed at that date. (4) The expenditure on safeguard measures and on the Medical examinations carried out pursuant to this Act or by a decree law adopted pursuant to this Law shall be carried out by the person who requires authorisation under this Act or by a legal regulation to be adopted under this Act or is obliged to indicate the activity to which the protection measure or the (5) In addition, in the execution of this law and of legal regulations issued pursuant to section 7 (4) sentence 3 and subsection 5, § 7a (2) and § § 10 to 12, by state authorities subject to the provisions of paragraph 2, the national cost rules. Unofficial table of contents

§ 21a Costs (fees and expenses) or charges for the use of equipment pursuant to § 9a (3)

(1) For the use of installations according to § 9a (3), costs (fees and expenses) are levied on the costs of delivery. Remuneration may also be levied as expenses pursuant to section 21 (2) and expenses pursuant to section 21 (4). General fee-law principles concerning the creation of the fee, fees creditors, fees, fees, payment, advance payment, security, maturity, surcharge, cancellation, cancellation, remission, limitation, Reimbursement and remedies shall apply in accordance with § § 11, 12, 13 para. 2, § § 14 and 16 to 22 of the Administrative Costs Act in the version valid until 14 August 2013, unless otherwise specified in the legal regulation referred to in paragraph 2. is determined. In addition, in the case of the collection of costs in the execution of this law by state authorities, the national cost regulations apply. (2) By means of legal regulation, the chargeable facts in accordance with paragraph 1 can be determined in more detail and thereby fixed. Sets or framework rates are provided. The rates shall be calculated in such a way that they cover the costs of the day-to-day management and maintenance of the annexes pursuant to section 9a (3), which are at the cost of operating principles. This also includes the interest rate and the depreciation of the capital invested. The depreciation shall be equally measured after the presumed useful life and the type of use. The amount of capital raised from contributions made in accordance with section 21b as well as from benefits and grants of third parties shall not be taken into account in the interest rate. The scale and nature of the respective use shall also be taken into account in the measurement of charges. In order to cover the investment costs for the Landessammelstellen, a basic fee can be charged when using the property. In the calculation of the costs or charges levied on delivery to a land register office, the expenses incurred in the subsequent removal of assets of the Federal Government and advance payments in accordance with section 21b (2) may be deducted from the costs or charges. shall be included. They are to be deducted from the federal government. (3) The Landessammelstellen (Landessammelstellen) can charge a fee in accordance with a user order for use in lieu of costs. The calculation of the remuneration shall take account of the principles of assessment as set out in paragraph 2. Unofficial table of contents

Section 21b Contributions

(1) To cover the necessary expenditure for the planning, acquisition of land and rights, plant-related research and development, exploration, maintenance of land and facilities, and, establishment, extension and the renewal of federal plants pursuant to § 9a (3) shall be made by the person who offers an advantage through the possibility of using these plants for the orderly disposal of radioactive waste according to § 9a (1) sentence 1 collected. The necessary expenses also include the value of the goods and rights provided by the assets of the institution of the facility at the time of provision. (2) From the person who requests an authorization pursuant to § § 6, 7 or 9, or in accordance with the provisions of a regulation on the management of radioactive substances and the production of ionizing radiation, which has been issued pursuant to this Act, or which has been granted an authorization to do so, advance payments may be made the contribution shall be required if the implementation of a measure referred to in paragraph 1 (3) Further information on the collection, exemption, payment, remission and reimbursement of contributions and advance payments may be provided for by means of a regulation. In doing so, the contributors, the contributors and the date on which the contribution is made can be determined. The contributions shall be calculated in such a way as to cover the cost of operations referred to in paragraph 1, which is acceptable in accordance with the principles of business management. The contributions must be proportionate to the benefits of the contribution by the person responsible for the contribution. Prior contributions to contributions shall be reimbursed with reasonable interest, in so far as they exceed the contributions determined on the basis of the actual expenditure. (4) Contributions or advance payments already raised, insofar as they are intended to cover the costs incurred. Expenses have been levied, shall not be reimbursed if a federal investment pursuant to section 9a (3) is definitively not established or operated, or if the contributor or prepayment obligation does not perceive the advantage referred to in the first sentence of paragraph 1.

Third Section
Managing authorities

Unofficial table of contents

Section 22 Responsibility for transboundary movements and their supervision

(1) The Federal Office for Economic Affairs and Export Control (BAFA) decides on applications for the granting of a licence pursuant to § 3 as well as for the withdrawal or revocation of a granted authorisation. The same applies, in so far as the legal regulations on the basis of § 11 provide for the requirement of authorisations and consents as well as the examination of advertisements for transboundary movements. (2) The monitoring of cross-border Shipments shall be the responsibility of the Federal Ministry of Finance or the customs services designated by it. (3) Insofar as the Federal Office for Economic Affairs and Export Control (BAFA) decides on the basis of paragraph 1, it shall be without prejudice to its subposition under the Federal Ministry of Economics and Technology and its other Legislation based on the instructions of the Federal Ministry responsible for nuclear safety and radiation protection is bound by the technical instructions of the Federal Ministry of the Interior. Unofficial table of contents

§ 23 Competence of the Federal Office for Radiation Protection

(1) The Federal Office for Radiation Protection is responsible for
1.
the preservation of nuclear fuel, including the adoption of decisions pursuant to § 5 (7) sentence 1,
2.
the establishment and operation of federal plants for the purpose of securing and disposal of radioactive waste, as well as for the Asse II shaft system, the transfer of the duties by the Federal Government to third parties and the supervision of these third parties in accordance with § 9a (3) sentence 3 and the supervision pursuant to section 19 (5),
2a.
(dropped)
3.
the authorisation of the transport of nuclear fuels and major sources;
4.
the approval of the storage of nuclear fuel outside the state's custody, in so far as this is not a preparation or part of an activity which requires approval pursuant to § 7 or § 9; and
4a.
(dropped)
5.
the withdrawal or revocation of the authorisations referred to in points 3, 4,
6.
the establishment and management of a register of exposures of persons exposed to radiation exposure,
7.
the establishment and management of a register for the Ethics Committee within the meaning of Section 12 (1) sentence 1 (3a), their registration and the revocation of registration,
8.
the identification, production and publication of diagnostic reference values, the determination of the medical exposure of persons and the surveys required for each of them by means of a regulation in accordance with § 12 (1) sentence 1 (3b),
9.
the receipt and publication of information pursuant to section 7 (1) (c),
10.
Decisions pursuant to Section 9a (2) sentence 4,
11.
the establishment and the management of a register of highly radioactive sources according to § 12d.
(2) Large-scale sources within the meaning of paragraph 1 (3) are radioactive substances, the activity of which exceeds the activity value of 1,000 Terabequerels per transport or shipment piece. (3) In a regulation of law, it may be determined that the Federal Office of Radiation protection is responsible for
1.
authorisation for the use of radioactive substances or ionising radiation in human health research,
2.
the approval of the design of installations, equipment or other devices of the type referred to in Article 11 (1) (3);
3.
the management and the allocation of identification numbers for highly radioactive sources of radiation.
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§ 23a Competence of the Federal Administrative Office

The Federal Administrative Office is responsible for decisions in accordance with § § 9d to 9g. Unofficial table of contents

§ 23b Competence of the Federal Aviation Office

The Federal Aviation Office is responsible for the monitoring of compliance with the requirements for protection against radiation exposure of persons by cosmic radiation during operation laid down in a legislative decree adopted pursuant to this Act of aircraft. By way of derogation from the first sentence, for aeroplanes operated under the division of the Federal Ministry of Defence, this ministry or the departments designated by it shall be responsible for such monitoring. Unofficial table of contents

§ 23c Competence of the Federal Network Agency

The Federal Network Agency is responsible for decisions pursuant to Section 7 (1e) sentence 1. Unofficial table of contents

§ 23d Competence of the Federal Office for Nuclear Disposal

The Federal Office for Nuclear Disposal is responsible for
1.
the planning and approval pursuant to section 9b and the repeal thereof,
2.
the issuing of the bergrechtlichen authorisations and other necessary bergrechtlicher permits and permits in the case of approval procedures in accordance with § 9b for the establishment, operation and decommissioning of federal plants to ensure and Final disposal in accordance with Article 9a (3) in consultation with the competent authority of the respective country;
3.
the mountain supervision according to § § 69 to 74 of the Bundesberggesetz (Federal Mining Act) on federal plants for freezing and final disposal in accordance with § 9a (3) and
4.
the granting of water-law permits or permits in the case of approval procedures in accordance with § 9b for federal plants for the purpose of securing and disposal according to § 9a (3) in consultation with the competent water authority.
In cases where the location is determined by federal law in accordance with the site selection law, the jurisdiction rules of the sentence 1 shall apply only after this final decision on the location. Unofficial table of contents

§ 24 Competence of the regional authorities

(1) The other administrative tasks in accordance with the second section and the relevant legal regulations shall be executed by the Länder on behalf of the Federal Government. The supervision of the transport of radioactive substances in the rail and ship transport of the railways and in the carriage of magnetic levitation trains is the responsibility of the Federal Railways; this does not apply to the transport of radioactive substances by non-federal authorities. Railways, if the traffic is carried out exclusively by rail tracks of these railways. Sentence 2 shall also apply to the approval of such promotions, in so far as a jurisdiction according to § 23 is not given. (2) For authorisations pursuant to § § 7, 7a and 9 as well as their withdrawal and revocation, the highest number of licences issued by the national governments shall be National authorities responsible. These authorities shall exercise the supervision of installations in accordance with § 7 and the use of nuclear fuel outside those installations. In individual cases, they can commission the following authorities. The supreme state authority shall decide on complaints against their dispositions. Insofar as provisions outside this Act give supervisory powers to other authorities, those powers shall remain unaffected. (3) The Division of the Federal Ministry of Defence shall be subject to the provisions referred to in paragraphs 1 and 2. Responsibilities by this Federal Ministry or the departments designated by it, in consultation with the Federal Ministry responsible for nuclear safety and radiation protection. This also applies to civilian workers in the presence of troops and civil consequences in the Federal Republic of Germany on the basis of international treaties. Unofficial table of contents

Section 24a Information transmission

The Federal Ministry responsible for nuclear safety and radiation protection may provide information contained in the nuclear authorisations of the competent authorities in accordance with § § 22 to 24 (owner, legal basis, essential ), to the supreme federal authorities responsible for external trade in order to carry out their duties in the case of authorisations or the supervision of external trade. If this information is not sufficient on a case-by-case basis, further information can be transferred from the nuclear authorisation. The recipients may only use the information transmitted, unless otherwise provided by law, for the purpose for which they have been transmitted. Unofficial table of contents

§ 24b Self-assessment and international testing

With the aim of continuous improvement of nuclear safety
1.
The Federal Ministry responsible for nuclear safety and radiation protection carries out a self-assessment of the law, implementation and organisational framework for the nuclear safety of nuclear installations and the relevant official tradesmen;
2.
invites international experts in the field of nuclear safety and radiation protection to examine suitable segments of the law, implementation and organisational framework for nuclear safety of nuclear safety The Federal Ministry for Nuclear Safety and Radiation Protection shall report on the results of the examination to the Member States of the European Union and to the competent authorities responsible for the protection of nuclear safety and radiation. European Commission, as soon as these results are available.
The measures referred to in the first sentence shall be at least every ten years.

Fourth Section
Liability rules

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§ 25 Liability for nuclear installations

(1) In the event of damage to a nuclear event originating from a nuclear installation, the liability of the holder of the nuclear installation shall, in addition to the provisions of the Paris Convention and of the Common Protocol, be subject to the provisions of this Regulation. Law. The Paris Convention is to be applied to the Federal Republic of Germany independently of its obligations under international law, unless its rules are reciprocated by the entry into force of the Convention. (2) In the case of the transport of nuclear materials, including the associated storage of the carriers by contract, the liability shall be replaced by the holder of a nuclear installation situated within the scope of this Act; it shall be deemed to be the holder of a nuclear installation from the date of the transfer of liability. The contract shall be written in writing. The assumption of liability shall be effective only if it has been approved at the request of the carrier prior to the commencement of the transport or the related storage of nuclear materials by the authority responsible for the authorisation of the carriage. The authorisation may be granted only if the carrier is authorised to act as a carrier within the scope of this Act or if the carrier has its principal commercial establishment within the scope of this Act and the holder of the nuclear installation (3) The provisions of Article 9 of the Paris Convention relating to the exclusion of liability in the event of damage caused by nuclear events which are directly related to acts of armed conflict, of hostilities, of a civil war, of a revolt, or of a serious natural disaster of an exceptional nature, are not to be applied. If the damage occurs in another State, the first sentence shall apply only in so far as the other State, at the time of the nuclear event in relation to the Federal Republic of Germany, has ensured an equivalent arrangement according to the nature, extent and amount of the damage. (4) The owner of a nuclear facility shall be liable irrespective of the location of the damage entry. Article 2 of the Paris Convention shall not apply. (5) The holder of a nuclear facility shall not be liable in accordance with the Paris Convention, provided that the damage was caused by a nuclear event caused by nuclear materials which have been caused by nuclear materials in the form of nuclear materials. Appendix 2 to this Act. Unofficial table of contents

Section 25a Liability for reactor vessels

(1) The liability of the owner of a reactor vessel shall be subject to the provisions of this Section, subject to the following conditions:
1.
The provisions of the Paris Convention are replaced by the provisions of the Brussels Reactor Ship Convention (BGBl). 1975 II p. 977). This shall apply to the Federal Republic of Germany, irrespective of its obligation under international law, unless its rules require reciprocity as a result of the entry into force of the Convention.
2.
If the damage occurs in another State, Section 31 (1) shall apply only in respect of the amount exceeding the maximum amount of the Brussels Reactor Ship Convention, to the extent that the law of that State, at the time of the nuclear event, also applies in relation to the Federal Republic of Germany, the liability of the holders of reactor vessels which is equivalent to the nature, extent and level of the liability of the holders of reactor vessels. § 31 (2), § 36, 38 (1) and § 40 shall not apply.
3.
§ 34 applies only to reactor vessels that are entitled to conduct the Federal flag. If a reactor vessel is constructed or equipped with a reactor within the scope of this Act for another State or persons of another State, § 34 shall apply until the date in which the reactor vessel is registered in the other State or acquires the right to fly the flag of another State. The exemption obligation arising from § 34 shall be borne to 75 of the hundred by the Federal Government and, moreover, by the country responsible for the approval of the reactor vessel in accordance with § 7.
4.
In the case of reactor vessels which do not have the right to carry the flag, this section shall apply only if nuclear damage caused by the reactor vessel has occurred within the scope of this Act.
5.
For claims for damages, the courts of the State whose flag the reactor vessel is entitled to fly are competent; in the cases of point 4, the court of the place is also responsible within the scope of this law, at which the nuclear Damage occurred.
(2) In so far as international agreements on liability for reactor vessels contain non-binding provisions, they shall take precedence over the provisions of this Act. Unofficial table of contents

§ 26 Liability in other cases

(1) Where, in cases other than those referred to in the Paris Convention in conjunction with the cases referred to in Article 25 (1) to (4), the effect of a nuclear fission or the radiation of a radioactive substance or of an installation for the purposes of Production of ionizing radiation emanating from ionizing radiation a person is killed or the body or the health of another person is injured or a cause is damaged, the owner of the substance affected by the nuclear fission, of the the radioactive substance or the plant for the production of ionizing radiation, which shall be shall be replaced in accordance with Sections 27 to 30, 31 (3), 32 (1), (4) and (5) and (33). The replacement obligation shall not occur if the damage is caused by an event which the owner and the persons working for him in connection with the possession do not avoid also in the event of the use of any care provided according to the circumstances (1a) the second sentence of paragraph 1 shall not apply to damage caused by radioactive substances which are caused by the use of the Paris Convention, the Brussels Reactor Ship Convention or the Vienna Convention (2) Paragraph 1 shall apply in cases where the damage caused by the provisions of the Common Protocol to the definitions of nuclear fuels and radioactive products and waste would be covered by the provisions of the Agreement. (3) In the same way as the owner, the person who has lost possession of the substance shall be liable without transferring him to a person who, according to this law, has been or pursuant to a legal regulation adopted pursuant to this Act. (4) The provisions of paragraphs 1 to 3 shall not apply,
1.
if the radioactive substances or the installations for the production of ionising radiation have been applied to the injured by a doctor or dentist or under the supervision of a doctor or dentist in the exercise of the medicinal product and the the substances or installations used for the production of ionizing radiation and the necessary measuring instruments in accordance with the provisions of a legal regulation, the respectively applicable requirements of the Medical Devices Act or, insofar as they are missing, the relevant requirements of the Medical Devices Act. The state of science and technology has met and the damage is not is due to the fact that the substances, installations for the production of ionising radiation or measuring instruments have not been maintained or have not been adequately maintained,
2.
where there is a legal relationship between the owner and the injured person, on the basis of which he/she has accepted the risk posed by the substance or the plant to produce ionizing radiation.
(5) The second sentence of paragraph 1 and paragraph 4 (2) do not apply to the use of radioactive substances or ionizing radiation in the human person in medical research. If the owner of the radioactive substance or the plant for the production of ionizing radiation disputes the causal link between the use of the radioactive substances or the ionizing radiation and the damage which has occurred, he shall: to prove that, according to the state of medical science, there is no sufficient probability of a causal relationship. (6) In accordance with the provisions of paragraphs 1 to 3, there is no obligation on the person who is responsible for the substances for another transport. As long as the consignee has not taken over the substances, the consignor shall meet the obligation to replace them, regardless of whether he or she is the owner of the substances. (7) Unaffected shall remain within the scope of the first sentence of paragraph 1 Provisions under which the holder referred to therein and the persons referred to in paragraph 3 shall be liable to a greater extent than under the provisions of this Act or after which another person is responsible for the damage. Unofficial table of contents

§ 27 Co-operative fault of the injured

If, in the course of the occurrence of the damage, a fault of the injured person has been involved, § 254 of the Civil Code shall apply; in the case of damage to a case, the fault of the person exercising the actual use of force shall be liable to the fault of the person concerned. Injured the same. Unofficial table of contents

Section 28 Scope of the compensation in the event of killing

(1) In the case of the killing, compensation shall be made by reimbursement of the costs of an attempted cure and of the asset disadvantage suffered by the killed by the fact that, during the illness, its earning capacity is lifted or reduced; a multiplication of his or her needs had occurred or his progress was made more difficult. In addition, the person liable for replacement shall reimburse the costs of the burial to the person who is responsible for the obligation to bear such costs. (2) The status of the person killed at the time of the injury to a third party in a proportion, of which he is liable, was subject to maintenance or maintenance obligations under the law, and if the third party is deprived of the right to subsistence as a result of the killing, the person liable to pay compensation shall pay compensation to the third party in so far as the killed person has been killed committed during the presumed duration of his life for the purpose of subsisting had been. The replacement obligation occurs even if the third party was created at the time of the injury, but was not yet born. Unofficial table of contents

§ 29 Scope of damages in the event of bodily injury

(1) In the event of injury to the body or health, the compensation shall be made by replacing the costs of the healing and the asset disadvantage suffered by the injured person in that, as a result of the injury, his or her injury shall be temporary or permanent. (2) Due to the damage, which is not property damage, a cheap compensation in money can also be demanded. Unofficial table of contents

§ 30 Geldrente

(1) The damages due to cancellation or reduction of the earning capacity, because of the increase of the needs or because of the loss of the injured person as well as the compensation to be granted to a third party pursuant to § 28 para. 2 shall be for the future (2) The provisions of § 843 (2) to (4) of the Civil Code shall apply. (3) If the pledge of the pledge does not apply to the payment of a claim, the provisions of Section 843 (2) to (4) shall not apply to the Security performance has been identified, the beneficiary may nevertheless be entitled to security if the assets of the pledge have deteriorated significantly; under the same condition, it may require an increase in the security specified in the judgment. Unofficial table of contents

§ 31 Liability ceilings

(1) The liability of the holder of a nuclear installation pursuant to the Paris Convention in conjunction with Section 25 (1), (2) and (4) as well as in accordance with the Paris Convention and the Joint Protocol in conjunction with Section 25 (1), (2) and (4) shall be unlimited in terms of sum. In the cases referred to in Article 25 (3), the liability of the holder shall be limited to the maximum amount of the State exemption obligation. (2) If the damage occurs in another State, paragraph 1 shall apply only and in so far as the other State shall apply. State at the time of the nuclear event in relation to the Federal Republic of Germany has ensured a regulation equivalent to that laid down in paragraph 1 by the nature, extent and level of the nuclear event. Moreover, in the event of damage in another State, the liability of the holder of a nuclear installation shall be limited to the amount which the other State shall, at the time of the nuclear event, to include additional compensation on the basis of international law. Convention for the replacement of damage caused by nuclear events in relation to the Federal Republic of Germany. In relation to States on whose territory no nuclear installations are situated, the liability of the holder of a nuclear installation shall be limited to the maximum amount laid down in the Brussels Supplemental Agreement. (2a) Paragraph 2 shall also apply to the liability of the owner of a radioactive substance in the cases of Article 26 (1) (3) of the Convention pursuant to the Paris Convention in conjunction with Article 25 (1), (2) and (4) and in accordance with the Paris Convention and the Joint Protocol in conjunction with Article 25 (1), (2) and (4), or by the § 26 Replacement liable in the event of damage to property shall only be liable up to the level of the common value of the the damaged item plus the cost of the security against the risk of radiation emanating from it. In the case of liability under the Paris Convention in conjunction with Section 25 (1), (2) and (4), compensation for damage to the means of transport on which the nuclear materials were at the time of the nuclear event shall be provided only if the Satisfaction of other claims for damages in the cases referred to in paragraph 1 from the maximum amount of the State exemption obligation, in the cases referred to in paragraph 2, shall be ensured from the maximum liability. Unofficial table of contents

§ 32 Statute of limitations

(1) The claims for damages based on this section shall be paid in three years from the date in which the person entitled to the replacement has or would have gained knowledge of the damage and the person of the substitute. (2) In the cases referred to in Article 8 (b) of the Paris Convention, a period of limitation of twenty shall be replaced by the three-year period of limitation of paragraph 1. Years from theft, loss, overthrow or possession. (3) Claims based on the The Paris Convention, which shall be brought to court within ten years of the nuclear event against the owner of the nuclear facility for the killing or injury of a person, shall take precedence over claims which, after the expiry of the (4) In the event of a loss of compensation between the liable party and the substitute for compensation, the period of limitation shall be inhibited until one or the other part is to continue the negotiations. (5) The provisions of the Civil Code are also to be found in the Limitation of application. Unofficial table of contents

§ 33 Multiple polluters

(1) Are for damage caused by a nuclear event or otherwise by the effect of a nuclear fission process or the radiation of a radioactive substance or by the effect of an accelerator on ionizing effects; Radiation is caused by a number of third parties under the obligation to pay damages, they shall be liable to the third party as a total debtor, unless otherwise provided for in Article 5 (d) of the Paris Convention. (2) In the Cases referred to in paragraph 1 shall be subject to the relationship between the substitutes between them Obligation to replace the circumstances, in particular the extent to which the damage was caused primarily by one or the other part, provided that Article 5 (d) of the Paris Convention does not give rise to something else. However, the owner of a nuclear facility shall not be obliged to pay compensation beyond the limits of the liability of § 31 (1) and (2). Unofficial table of contents

Section 34 Free-duty obligation

(1) If, as a result of the effects of a nuclear event, the holder of a nuclear installation situated within the scope of this Act has legal damages obligations under the provisions of the Paris Convention in conjunction with § 25 (1) to (4) and to the Paris Convention and to the Common Protocol in conjunction with Section 25 (1) to (4) or to the law of a foreign State applicable to the claim or in the cases of Section 26 (1a), the Federal Government shall the owner of the nuclear facility or the owner of radioactive substances of To exempt claims for damages, to the extent that these are not covered by the security cover or cannot be fulfilled from it. The maximum amount of the exemption obligation is 2.5 billion euros. The exemption obligation is limited to this maximum amount less the amount, in the amount of which the resulting claims for damages are covered by the security cover and can be fulfilled. (2) Is after the entry of a harmful event, the holder of the nuclear facility or the owner of a radioactive substance shall be obliged to take advantage of the obligation to release the exemption;
1.
to notify the Federal Government of the Federal Government,
2.
inform the competent Federal Ministry without delay of any claims for damages or investigations initiated and, if so requested, provide any information necessary for the examination of the facts and of the legal provisions of the relevant legal proceedings. accusation is required,
3.
to observe the instructions of the Federal Ministry responsible for nuclear safety and radiation protection in the event of out-of-court or judicial negotiations on the claims for compensation for damages,
4.
not to accept or satisfy a claim for damages without the consent of the Federal Ministry responsible for nuclear safety and radiation protection, unless it is recognized or satisfied without disclosure. Cannot refuse to be unbillable.
(3) In addition, the exemption obligation is subject to § § 83 and 87 and to the provisions of Part 2, Chapter 1 of the Insurance Contracts Act, with the exception of sections 103 and 118 of the Insurance Contract Act, without the need for exemption from the exemption from the exemption. Obligated a direct claim in the sense of § 115 of the Insurance Contract Law is justified. Unofficial table of contents

§ 35 Distribution procedure

(1) If it is to be expected that the statutory claims for damages arising from an event of damage exceed the funds available for the performance of the claims for damages, their distribution as well as the same shall be calculated as (2) The legal decree referred to in paragraph 1 may be made available through the distribution of the statutory claims for damages, which may be the subject of a legal regulation. , shall only apply to such rules as may be applied to the use of emergency facilities are required. It must ensure that the satisfaction of all the injured parties is not unduly affected by the satisfaction of individual victims. Unofficial table of contents

§ 36 (omitted)

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Section 37 recourse to exemption

(1) Where the holder of a nuclear facility or the owner of a radioactive substance has been exempted from claims for damages pursuant to § 34, the holder of the nuclear facility or the owner of a radioactive substance may be subject to the same conditions as the holder of a radioactive substance. services provided shall be withdrawn, to the extent that:
1.
this is infringed by the obligations arising from § 34 (2) or (3); however, the recourse is excluded to the extent that the breach has no influence on the determination of the damage or on the determination or extent of the damage has had such benefits;
2.
this, or, if it is a legal person, his legal representative has caused the damage intentionally or with gross negligence, in the execution of the directions he has been responsible for;
3.
the benefits have been provided, because the existing financial security has not complied with the administrative setting in terms of volume and amount.
(2) The holder of the nuclear facility or the owner of a radioactive substance may be withdrawn without the conditions set out in paragraph 1, unless he is a German and his registered office, residence or permanent residence in a State which is not a Contracting State of the Treaties on the European Communities or of the Paris Convention or of the Vienna Convention, in conjunction with the Common Protocol, nor any other State, at the time of the injury Event in force with the Federal Republic of Germany on liability for nuclear damage. Unofficial table of contents

§ 38 Balance by the Federal Government

(1) If a victim of a nuclear event has suffered his damage within the scope of this Act, he may, in accordance with the law applicable to the claim, be entitled to a different Contracting State of the Paris Convention or the Vienna Convention the Convention, in conjunction with the Common Protocol, do not require a replacement, because:
1.
the nuclear event has occurred in the territory of a non-Contracting State of the Paris Convention or of the Vienna Convention in conjunction with the Common Protocol,
2.
the damage has been caused by a nuclear event directly related to acts of armed conflict, hostilities, civil war, insurrection, or a serious natural disaster of an exceptional nature is due to
3.
the applicable law does not provide for liability for damage to the means of transport on which the nuclear materials were at the time of the occurrence of the nuclear event,
4.
the law applicable does not provide for the holder's liability if the damage has been caused by the ionizing radiation of any other source of radiation in the nuclear installation,
5.
the applicable law provides for a shorter period of limitation or a period of exclusion than that of this law; or
6.
the funds available for damages shall be left behind the maximum amount of the State exemption obligation,
the Federal Government grants a compensation up to the maximum amount of the State exemption obligation. (2) The Federal Government also grants compensation up to the maximum amount of the State exemption obligation, if the amount of the compensation is to be applied to a State exemption under the State exemption obligation. Law suffered damage applicable foreign law or the provisions of an international contract to the injured party, which according to the nature, extent and scope of the replacement are substantially behind the compensation of damages, which the injured person would have been granted access to this law, or (3) The provisions of paragraphs 1 and 2 are those which are not Germans within the meaning of Article 116 (1) of the Basic Law, and which are not German, but which are not subject to the law of the Member State. do not have their habitual residence within the scope of this Act, in so far as the State of origin at the time of the nuclear event in relation to the Federal Republic of Germany is equivalent to a species equivalent to that of the Federal Republic of Germany; (4) Claims referred to in paragraphs 1 and 2 shall be defined in the case of: Federal Administration Office. They shall be extinguishable in three years from the date on which the decision on the compensation for damages taken under foreign or international law has become indisputable or becomes apparent that the legal proceedings in the sense of the Paragraph 2 is hopeless. Unofficial table of contents

Section 39 Exceptions to the Federal Government's performance

(1) In the case of the exemption obligation pursuant to § 34 and the compensation in accordance with § 38, the subordinated claims to be satisfied pursuant to § 15 (1) and (2) shall not be taken into consideration. (2) Compensation pursuant to § 29 para. 2 shall be included in the exemption obligation in accordance with § 34 and the compensation in accordance with § 38 only if the performance of compensation is necessary because of the particular gravity of the injury to avoid a gross untiring. Unofficial table of contents

Section 40 Claims against the holder of a nuclear facility situated in another Contracting State

(1) If, in accordance with the provisions of the Paris Convention, a court is in the scope of this Act for a decision on the action for damages against the holder of a Paris Convention State party to the Convention (2) By way of derogation from paragraph 1, the law of the Contracting State in which the nuclear installation is situated shall be governed by the law of the Contracting State.
1.
who should be considered to be the holder,
2.
whether the holder's replacement obligation also extends to nuclear damage in a State which is not a contracting State of the Paris Convention;
3.
whether the liability of the holder extends to nuclear damage caused by the radiation of any other radiation source located in a nuclear installation;
4.
whether and to what extent the liability of the holder extends to damage to the means of transport on which the nuclear materials at the time of the nuclear event were found,
5.
up to the maximum amount of the holder,
6.
the period after which the claim against the holder is barred or excluded,
7.
whether and to what extent a nuclear damage is to be replaced in the cases provided for in Article 9 of the Paris Convention.

Fifth Section
Fines

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§ § 41 to 45 (omitted)

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§ 46 Administrative Offences

(1) Contrary to the law, those who intentionally or negligently act
1.
-transporting nuclear materials without having proved the necessary financial security in accordance with Section 4b (1) sentence 1 or 2 of this Regulation,
2.
Installations for the production or processing or processing or for the division of nuclear fuels or for the processing of irradiated nuclear fuel without the authorization required pursuant to Article 7 (1), first sentence, also in conjunction with paragraph 5, sentence 1 set up,
2a.
Contrary to Article 7 (1a) sentence 4, a measuring instrument is used,
2b.
, contrary to § 7 (1a) sentence 5, a measuring instrument shall not be set up, not correct or not in time, not connected correctly or not in good time, not or not, or not, or is not waiting properly,
2c.
the state of the measuring instrument or the quantity of electricity produced shall not, or shall not be checked in time, or cannot be certified in good time, in accordance with the provisions of Article 7 (1a) sentence 7;
2d.
, contrary to § 7 (1c) sentence 1 no. 1 or 2 or 2 sentence 2, a notice is not, not correct, not complete or not timely, not correct, not complete or not transmitted in time, or a result or a testat does not or does not come forward in time,
2e.
does not make a communication, not correct, not complete or timely, contrary to Article 7 (1) (1) sentence 1 (3),
3.
in accordance with § 13 (1), a fully-enforceable edition pursuant to § 17 (1) sentence 2 or 3 or a enforceable order pursuant to section 19 (3) of the act,
4.
a legal regulation pursuant to Section 11 (1), Section 12 (1), first sentence, No. 1 to 7a, 9 to 11 or 12 or § 12d (6) No. 2, or of a enforceable provision which has been made pursuant to Article 12 (1), first sentence, No. 13, insofar as the Regulation of the law on a particular case refers to this fine.
5.
Contrary to § 4 (5) sentence 1, the letter of approval or, contrary to § 4 (5) sentence 2, does not carry the certificate referred to there or, contrary to § 4 (5) sentence 3, does not show the communication or the certificate on request.
(2) In the cases referred to in paragraph 1 (1), (2), (2a), (2b), (2c), (2), (3) and (4), the administrative offence may be punishable by a fine of up to EUR 50 000, in the case of paragraph 1 (2) (2d) and (5), with a fine of up to five hundred euros. (3) Administrative authority within the meaning of Section 36 (1) (1) of the Code of Administrative Offences is
1.
the Federal Export Office in the cases referred to in paragraph 1 (4), in so far as it concerns infringements of an authorisation, display or other obligation to carry out a transboundary shipment of radioactive waste according to § 11 (1) (1) or (6)) substances or against a related edition;
2.
The Federal Office for Radiation Protection in the cases referred to in paragraph 1 (2a) to (2e).
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§ § 47 and 48 (omitted)

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Section 49 confiscation

Where an intentional offence has been committed pursuant to Article 46 (1), No. 1, 2, 3 or 4,
1.
to which the administrative offence relates, or
2.
which have been or have been used to commit or prepare,
be drafted. Unofficial table of contents

§ § 50 to 52 (omitted)

Sixth Section
Final provisions

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Section 53 Collection of damage caused by unexplained cause

Damage resulting from the state of scientific knowledge arising from the action of radiation of radioactive substances and whose polluter cannot be detected, shall be the case in the case of nuclear safety and radiation protection Federal Ministry of Education and Research. Unofficial table of contents

§ 54 Decree of legal orders

(1) Legal regulations pursuant to § § 2, 9g, 11, 12, 12b, 12c, 12d, 13, 21 para. 3, § 21a (2), § 21b (3) and § 23 (3) shall be issued by the Federal Government. The same applies to legal regulations on the basis of § 10, to the extent that exceptions are allowed from the requirement of a permit pursuant to § 7. The other legal regulations provided for in this law shall be the subject of the Federal Minister responsible for nuclear safety and radiation protection. (2) The legal regulations require the approval of the Bundesrat. This does not apply to legal regulations which confine itself to replacing the physical, technical and radiological values laid down in legal regulations in accordance with § § 11 and 12 by other values. (3) The Federal Government may by Regulation of the Law on the Appropriations referred to in § § 11 and 12 shall be transferred, in whole or in part, to the Federal Minister responsible for nuclear safety and radiation protection. Unofficial table of contents

Section 55 (repeal of legislation)

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§ 56 Approvals on the basis of the Land Law

(1) The authorisations, immunities and consents granted under national law for the establishment and operation of installations within the meaning of § 7 shall remain effective. You are entitled to an authorisation granted in accordance with § 7, the conditions attached to them are the same as the requirements laid down in section 17 (1). Subject to the provisions of paragraph 2 of this Article, where provisions relating to the provisions relating to the fulfilment of statutory claims for damages are connected with the provisions of the national law, they shall be deemed to be fixed in accordance with the provisions of paragraph 2. § 13 (1) (2) The management authority (Section 24 (2)) shall set the financial cover to be taken by the holder within three months of the entry into force of the law; § 13 (1) sentence 2 of the final half-sentence shall apply accordingly. If a deposit obligation is fixed in accordance with Section 13 (4), it shall have a return on the date of entry into force of this Act. Unofficial table of contents

§ 57 Boundaries

The handling of nuclear fuels does not apply to the Explosives Act and to the legislation adopted pursuant to this Act, as well as to provisions of national law in the field of explosives. Unofficial table of contents

Section 57a of the transmission system for the purpose of establishing the unity of Germany

(1) The authorisations, licences and authorisations granted up to 30 June 1990 in the territory referred to in Article 3 of the Agreement shall apply as follows:
1.
Authorisations and permits for nuclear power stations shall be granted on 30 June 1995, for the transport of radioactive substances with the expiry of 30 June 1992 and all other authorisations, permits and authorisations, with the exception of the authorisations, Authorisations and authorisations referred to in point 4, with expiry of 30 June 2005, to the extent that the licences, permits and authorisations referred to above are not subject to a shorter limit; the authorisations, permits and authorisations shall apply to: these dates as authorisations in accordance with the relevant provisions of this Regulation Law and the regulations adopted pursuant to this Act. An authorisation to substantially alter an installation or its operation within the meaning of section 7 (1) shall be without prejudice to an authorisation pursuant to sentence 1 in so far as the authorisation relates to parts of the installation which are not affected by the amendment.
2.
In the case of authorisations valid for a limited period in accordance with point 1, § 18 shall not apply if the marketing authorisation holder is a legal entity to which the law on the privatization and reorganisation of the national assets (trust law) of the Germans is Democratic Republic of 17 June 1990 (GBl. I n ° 33 p. 300).
3.
In the case of the conversion of legal entities under the trust law of the German Democratic Republic, licences, permits and authorisations shall be continued with the time limits set out in point 1, in so far as an arrangement of the continuation at the time of the conversion shall continue. the accession date has not yet taken place; the competent authority shall have an appropriate time to consider whether the new holder will continue to do so through organisational measures and through the provision of factual and personal resources; the establishment and operation of the plant or the activity. § 18 shall not apply.
4.
For the purpose of disposal or storage for the purpose of disposal or for the acceptance of other nuclear fuels or other radioactive substances, in the authorisations, permits and authorisations for the acceptance of further radioactive waste or for the purpose of the disposal of radioactive waste. Storage or storage of the gestures
a)
for the adoption of further radioactive waste or for its storage for the purpose of disposal, or
b)
for the acceptance of other nuclear fuels or other radioactive substances for storage or storage purposes
shall be ineffective with effect from 27 April 2002; moreover, these authorisations, licences or authorisations shall continue as authorisations in accordance with the provisions of this Law. The authorisations continuing in accordance with the first sentence may be amended or provided with arrangements in accordance with the provisions of this Act.
(2) shipments of radioactive substances which have so far not been authorised in the territory referred to in Article 3 of the Agreement shall be subject to the approval requirements of this Act and to the provisions of this Act as from 1 July 1992. Legal provisions adopted. Unofficial table of contents

Section 57b Operation and decommissioning of the Asse II shaft system

(1) For the operation and the decommissioning of the Asse II shaft system, the regulations in force for the federal plants pursuant to Article 9a (3) shall apply in accordance with the provisions of paragraphs 2 to 8. (2) The shaft installation shall be shut down immediately. For the continued operation, including a recovery of radioactive waste and related measures, until decommissioning, there is no requirement for a plan to be established in accordance with § 9b. The decommissioning is to be carried out after the radioactive waste has been collected. The recovery shall be cancelled if its implementation is not acceptable to the population and employees for radiological or other safety reasons. This is particularly the case if the dose limitation according to § 5 of the Radiation Protection Ordinance of 20 July 2001 (BGBl. I p. 1714; 2002 I p. 1459), as last amended by Article 5 (7) of the Law of 24 February 2012 (BGBl). 212), it has not been complied with or that it is no longer possible to ensure the safety of the mining industry. If the recovery as well as all options for decommissioning are only possible with the exception of legal requirements, the Asse II shaft system must be shut down with the best possible option after weighing up the advantages and disadvantages. Prior to a decision pursuant to sentence 4 or sentence 6, the German Bundestag shall be informed by the Federal Ministry responsible for nuclear safety and radiation protection and by the Federal Office for Radiation Protection of the Public give an opportunity to deliver an opinion, unless immediate action is required. The dose limits of the Radiation Protection Ordinance of 20 July 2001 (BGBl. I p. 1714; 2002 I p. 1459), as last amended by Article 5 (7) of the Law of 24 February 2012 (BGBl). 212) may not be exceeded for the population and for persons exposed to radiation, without prejudice to the rules set out in sentence 6. (3) Until the stock of a decision to set up a plan for decommissioning is required the handling of radioactive substances of a permit in accordance with the provisions of this Act or of the Radiation Protection Regulation; § 19 in conjunction with § 24 shall not apply to this extent. The approval authority may, in an authorisation procedure for the collection of radioactive waste and related measures, authorise, on request, that preparatory measures in need be subject to authorisation prior to the granting of authorisation. where a decision can be expected in favour of the applicant and if the applicant has a legitimate interest in the early beginning; the provisional authorisation may be revoked at any time, limited or with: Conditions shall be provided. Where the establishment and operation of an installation or the establishment of a permit pursuant to this Act are subject to approval, partial authorisations may be granted on application if a preliminary examination shows that the conditions for the approval of the installation are subject to the conditions laid down in the all measures applied for in each case and a legitimate interest in the granting of a partial authorisation. § 7b of this Act and § 18 of the Legal Regulation pursuant to § 7 (4) sentence 3 shall apply to the partial authorisations. If, in addition to the authorization provided for in this Act or the Radiation Protection Regulation, authorisation is required under other legislation, the authorisation shall include the authorisation under this Act or the Radiation Protection Regulation, to the extent that: , the decision on the authorisation shall be taken in consultation with the competent authority in accordance with the other legislation. An application for a licence pursuant to the first sentence or the third sentence of the third sentence shall be submitted without delay after receipt of the application and the complete application documents, no later than six months. (4) Where several authorisations have been submitted, Paragraph 3, first sentence, for the recovery and related measures of disposal, requires an environmental impact assessment in accordance with the Environmental Impact Assessment Act (EIA), may be carried out in accordance with the procedure laid down in Environmental impact assessments shall be summarised, if appropriate. (5) § 114 of the Radiation Protection Ordinance of 20 July 2001 (BGBl. I p. 1714; 2002 I p. 1459), as last amended by Article 5 (7) of the Law of 24 February 2012 (BGBl). 212) has been amended. Any radioactive material which has not been introduced into the Asse II shaft system as radioactive waste is processed, processed, stored or otherwise used in the Asse II shaft system, and shall not be authorised for this purpose in accordance with § 9 of this Regulation. Law or in accordance with § 7 of the Radiation Protection Ordinance, if:
1.
the activity of the substances does not exceed ten times the free limits of Annex III, Table 1, column 3 of the Radiation Protection Regulation; and
2.
it indicates the beginning of the processing, processing, storage or other use of the competent approval authority.
By way of derogation from Article 117 (16) of the Radiation Protection Regulation, the fault-case planning value for the planning of recovery and decommissioning measures at the Asse II shaft system shall be pending before the entry into force of general administrative provisions. (6) The costs for the continued operation and the decommissioning are borne by the Federal Government. (7) The granting of licences for the acceptance of radioactive waste is to be granted by the competent authority. Waste and its storage is inadmissible. (8) The Federal Office for Radiation Protection (Bundesamt für Strahlenschutz) is in the Within the scope of its competence pursuant to section 23 (1) (2) of the Asse II shaft system, the security measures within the meaning of section 19 (3) are authorized; authorisations under this Act or the legal regulations issued pursuant to this Act shall not be required in this respect. (9) In order to inform the public in full, on an Internet platform, the essential documents relating to the Asse II shaft system are to be provided in accordance with Section 10 of the Environmental Information Act of 22 December 2004 (BGBl. 3704). The essential documents also include in particular instructions, recommendations and administrative provisions. (10) § 24 (2) in the version valid until the entry into force of this law applies to the shaft system Asse II; § 23d does not apply Application. Unofficial table of contents

Section 58 Transitional provisions

(1) § 4 para. 2 no. 7, § 9a (2) sentences 3 to 5 and § 19a shall not apply to installations which are no longer operated on 27 April 2002. Section 9a (2) sentence 3 shall not apply to installations which, on 27 April 2002, have sufficient interim storage facilities at the site which are approved in accordance with § 6 or § 7. (2) § 5 (2) and (3) shall not apply to nuclear fuels which are already in force on 27 April 2002. state-of-the-art, whose delivery by non-profit-making research institutions to the competent authority has been announced in writing prior to 1 May 2001 or whose acquisition has been contractually agreed prior to 1 May 2001. § 5 (2) and (3) shall apply from 1 January 2003 to nuclear fuels from research institutions recognized as non-profit-making bodies. (3) § 7c and § 23 (1) No 4a in the version valid until 26 April 2002 are to be applied at this time (4) § 21 (1a) is also applicable to the administrative procedures pending on 11 May 2000, insofar as the costs are not already fixed at that time. (5) § 12b in the until 31 December 2009 shall apply further to the administrative procedures pending at this stage. (6) § 23d Sentence 1 shall not apply to the disposal of the shaft Konrad until the approval of the entry into service by the supervision of the nuclear power; § 24 (2) shall be valid until the date of entry into force of this Act until the date of issue of the (7) § 24 (2) in the version valid until July 26, 2013 is the administrative procedure for the decommissioning of the final disposal facility for radioactive waste Morsleben pending at this time until the completion of the planning approval decision and up to that date continue to apply the administrative procedures necessary for amending the permanent operating licence of 22 April 1986; section 23d, first sentence, points 2 to 4, shall not apply until the decommissioning planning decision has been fully drawn up. Unofficial table of contents

Section 58a Transitional provision for environmental impact assessment

§ 2a applies only to projects to which the Law on Environmental Impact Assessment (EIA) is applied in the version which came into force on 3 August 2001. Unofficial table of contents

Section 59 (Entry into force)

- Unofficial table of contents

Annex 1 Definitions pursuant to § 2 (4)

Source of the original text: BGBl. I 1985, 1583;
with regard to of the individual amendments. Footnote (1) It means the terms:
1.
"nuclear event" means any event causing damage or any series of such successive events of the same origin, provided that the incident or the series of events or the damage caused by the radioactive properties or a combination of the radioactive properties with toxic, explosive or other hazardous properties of nuclear fuel or radioactive products or waste, or of any other radiation source within the range of Nuclear plant emanating from ionizing radiations or from this ;
2.
"Nuclear plant" means reactors, other than those which are part of a transport means; factories for the production or processing of nuclear materials, factories for the separation of the isotopes of nuclear fuels, and factories for the processing of irradiated products; Nuclear fuel; installations for the final disposal of nuclear materials; facilities for the storage of nuclear materials, excluding the storage of such materials during transport; a nuclear installation may also consist of two or more nuclear installations of a single holder situated on the same site; together with other installations on this site in which radioactive materials are located;
3.
"Nuclear fuels" means fissile materials in the form of uranium as metal, alloy or chemical compound (including natural uranium), plutonium as metal, alloy or chemical compound;
4.
"radioactive products or waste"; radioactive materials produced or radioactive in such a way as to be exposed to radiation associated with the process of production or use of nuclear fuels; Excluded
a)
nuclear fuel,
b)
radioisotopes outside a nuclear installation which have reached the final stage of manufacture, so that they may be used for industrial, commercial, agricultural, medical, scientific purposes or for the purpose of training;
5.
"nuclear materials" means nuclear fuels (other than natural and depleted uranium), as well as radioactive products and waste;
6.
"holder of a nuclear facility" means the person who is designated or considered by the competent authority to be the holder of such a facility.
(2) Special drawing rights within the meaning of this Act are Special Drawing Rights of the International Monetary Fund (BGBl. 1978 II p. 13), as he uses them for his own operations and transactions. Unofficial table of contents

Annex 2 Detention and cover-free borders

Source of the original text: BGBl. I 1985, 1583

§ 4 (3), § 4b (2) and § 25 (5) capture nuclear fuel or nuclear materials, their activity or quantity
1.
in the individual transport or dispatch piece, or
2.
in the individual holding or separate branch, in the case of non-traders in the place where the applicant is carrying out the activities of the applicant
which does not exceed 10 (high) 5 times the free limit and which, in the case of enriched uranium, does not contain more than 350 grams of uranium 235. The free limit is the activity or quantity up to which it is not necessary for the handling of a permit or display under this law or a legal regulation based on it. Unofficial table of contents

Appendix 3 (to § 7 (1a))
Electricity quantities in accordance with Article 7 (1a)

(Fundstelle: BGBl. I 2010, 1815; individual changes, see Footnote)


Investment electricity from 1.1.2000 (TWh netto) Start of commercial Performance
Obrigheim 8.70 1. 4.1969
Stade 23.18 19. 5.1972
Biblical A 62.00 26. 2.1975
Neckarwestheim 1 57.35 1.12.1976
Biblical B 81.46 31. 1.1977
Brunsbüttel 47.67 9. 2.1977
Isar 1 78.35 21. 3.1979
Unterweser 117.98 6 September 1979
Philippsburg 1 87.14 26. 3.1980
Grafenrheinfeld 150.03 17. 6.1982
Krümmel 158.22 28. 3.1984
Gundremmingen B 160.92 19. 7.1984
Philippsburg 2 198,61 18. 4.1985
Grohnde 200,90 1. 2.1985
Gundremmingen C 168.35 18. 1.1985
Brokdorf 217.88 22.12.1986
Isar 2 231,21 9. 4.1988
Emsland 230.07 20 June 1988
Neckarwestheim 2 236.04 15. 4.1989
Total 2516.06
Mülheim-Kärlich *) 107.25
Total 2623.31
*)
The electricity supply of 107.25 TWh, which is listed for the Mülheim-Kärlich nuclear power plant, can be transferred to the nuclear power stations Emsland, Neckarwestheim 2, Isar 2, Brokdorf and Gundremmingen B and C.
Unofficial table of contents

Annex 4 Security review in accordance with § 19a (1)

Source of the original text: BGBl. I 2002, 1357
Investment Date
Obrigheim 31.12.1998
Stade 31.12.2000
Biblical A 31.12.2001
Biblical B 31.12.2000
Neckarwestheim 1 31.12.2007
Brunsbüttel 30 June 2001
Isar 1 31.12.2004
Unterweser 31.12.2001
Philippsburg 1 31. 8.2005
Grafenrheinfeld 31.10.2008
Krümmel 30. 6.2008
Gundremmingen B/C 31.12.2007
Grohnde 31.12.2000
Philippsburg 2 31.10.2008
Brokdorf 31.10.2006
Isar 2 31.12.2009
Emsland 31.12.2009
Neckarwestheim 2 31.12.2009