Law On The Peaceful Use Of Nuclear Energy And Protection Against Its Hazards

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 protection against its dangers (Atomic Energy Act)

Non-official table of contents

AtG

Date of expend: 23.12.1959

Full quote:

" Nuclear law in the Date of publication of the notice of 15. July 1985 (BGBl. 1565), as last amended by Article 2 (14) of the Law of 1. April 2015 (BGBl. I p. 434) "

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

For details, see Notes

Footnote

(+ + + Text credits from: 1.5.1986 + + +)
(+ + +)
for details. 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) cf. G v. 8.12.2010 I 1817 + + +)

First section
General rules

unofficial Table of Contents

§ 1 Purpose of the law

Purpose of this law is,
1.
To put an end to the use of nuclear energy for the commercial production of electricity and to ensure the orderly operation until the date of termination,
2.
Life, health and materials to protect against the dangers of nuclear energy and the harmful effects of ionizing radiation, and by nuclear energy or ionizing radiation to compensate for damage caused,
3.
to prevent the use or release of nuclear energy or ionizing radiation from the internal or external safety of the The Federal Republic of Germany is threatened,
4.
The fulfilment of international obligations of the Federal Republic of Germany in the field of nuclear energy and of the Protection of radiation protection.
Non-official table of contents

§ 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 whose activity or specific activity in connection with nuclear energy or radiation protection under the regulations of this law or of a decree law adopted pursuant to this Act may not be disregarded. Nuclear fuel is a special fissile material in the form of
1.
Plutonium 239 and plutonium 241,
2.
with the isotopes 235 or 233 enriched uranium,
3.
each substance that has a or more than one of the substances referred to in points 1 and 2,
4.
substances with which a self-supporting chain reaction can be carried out in a suitable installation
a
the expression "uranium enriched with the isotopes 235 or 233" means uranium containing the isotopes 235 or 233 or these two isotopes in such a quantity; contains that the sum of the amounts 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 it is based on a legislative decree adopted pursuant to this law
1.
set free-limits below,
2.
as far as it is concerned with an activity subject to authorisation pursuant to this Act or under a law adopted pursuant to this Law
3.
to the extent that it is a substance of natural origin, which is not due to the fact that it is a substance of natural origin. of its radioactivity, which is used as a nuclear fuel or for the production of nuclear fuel, shall not be subject to surveillance in accordance with this law or a regulation adopted pursuant to this Act.
By way of derogation from the first sentence, a (a) the use of substances in human beings or the use of substances in the manufacture of medicinal products, medical devices, plant protection products and pesticides, Substances according to § 1 no. 1 to 5 of the fertilizer act or consumer goods or their activation determine in which cases the activity or specific activity of a substance cannot be disregarded.(3) For the purposes of the application of the authorisation requirements laid down in this Act or of the legal regulations adopted pursuant to this Act, substances in which the proportion of the isotopes uranium 233, uranium 235, plutonium 239 and plutonium 241 are 15 grams in total or the concentration of the isotopes mentioned does not exceed 15 grams per 100 kilograms, other than other radioactive substances. The first sentence does not apply to solidified high-level radioactive fission product solutions from the work-up of nuclear fuels.(3a) In the sense of this law:
1.
Nuclear installation:
a)
stationary plants for creation or processing or processing or for splitting Nuclear fuels or for the processing of irradiated nuclear fuels according to § 7 (1),
(b)
Storage of irradiated nuclear fuel in accordance with § 6 (1) or (b) 3,
c)
Intersections for radioactive waste when the intermediate deposits are directly linked to the relevant nuclear installation within the meaning of (a) or (b) context and are on site;
2.
nuclear safety:

to achieve and maintain proper operating conditions, preventing accidents and mitigating the consequences of accidents, so that life, health and property are protected from the dangers of nuclear energy and the harmful effects of ionizing radiation.
(4) Application of the rules on liability and cover comply with the terms of nuclear event, nuclear facility, nuclear facility owner, nuclear materials and special drawing rights as defined in Appendix 1 to this Act.(5) The Paris Convention is the Convention of 29. July 1960 on the liability to third parties in the field of nuclear energy in the version of the notice of 5. February 1976 (BGBl. 310, 311) and of the Protocol of 16. November 1982 (BGBl. 690). (6) The additional Convention of Brussels means the additional Convention of 31 December 1991. 1 January 1963 on the Paris Convention, as amended by the Notice of 5. February 1976 (BGBl. 310, 318) and of the Protocol of 16. November 1982 (BGBl. 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. Non-official table of contents

§ 2a Environmental Impact Assessment

(1) If the environmental impact assessment law is subject to an obligation in order to carry out an environmental impact assessment for projects which require a permit or a plan determination under this law or a regulation adopted pursuant to this Act (EIA-subject projects), the Environmental impact assessment of an independent part of the procedures for the issue of the authorisation or plan of planning required under this Act or the legal regulation adopted pursuant to this Act. 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, the collection of objections, the participation of public authorities, the implementation of the discussion date, the content of the approval certificate and the notification and public notice of the In the case of projects subject to an EIA outside of Annex 1 to the Environmental Impact Assessment Act (EIA) according to § § 7 and 9b, a discussion date shall not take place if the project of a permit is subject to approval. 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) Prior to the imposition of an administrative action relating to an administrative act adopted after an environmental impact assessment has been carried out, no investigation shall be required in a preliminary procedure. Non-official table of contents

§ 2b Electronic communications

(1) The provisions of the Administrative Procedure Act on electronic communications Communication shall apply unless otherwise provided 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 adopted pursuant to this Act shall be subject to a permanently verifiable qualified electronic signature pursuant to Section 37 (4) of the Administrative Procedure Act (Verwaltungsverfahrensgesetz). provided.(3) In the event of an application in electronic form, the competent authority may also require the submission of the documents to be submitted to the application in written form.

Second Section
Monitoring rules

unofficial table of contents

§ 3 Imports and exports

(1) Anyone who introduces nuclear fuel or executes, requires approval.(2) The authorisation to import is to be granted if
1.
does not have any facts from which it is Concerns about the reliability of the importer result, and
2.
ensures that the nuclear fuel to be introduced is subject to compliance with the requirements of this Law, the legal regulations issued under this Act and the international obligations of the Federal Republic of Germany in the field of nuclear energy shall be used.
(3) The authorisation to export shall be granted if:
1.
there are no facts from which there are concerns about the reliability of the exporter, and
2.
it is ensured that the nuclear fuel to be carried out does not comply with 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 is to be used in a dangerous way.
(4) Other legislation on imports and exports 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. Non-official table of contents

§ 4 Carriage of nuclear fuel

(1) The transport of nuclear fuel outside a completed site, in the case of nuclear fuel, or if an activity approved in accordance with § § 6, 7 and 9 is carried out, the approval shall be required. This shall be issued to the sender or to the person who takes over the dispatch or transport of the nuclear fuel.(2) The approval is to be granted if
1.
does not have any facts from which concerns have been raised against the the reliability of the applicant, the carrier and the persons carrying out the transport,
2.
is ensured that the carriage by persons , which shall have the necessary knowledge of the possible risk of radiation and of the protective measures to be applied to the intended transport of nuclear fuel,
3.
It is ensured that the nuclear fuel is transported by the transport of dangerous goods in accordance with the legislation applicable to the respective transport modes or, in the absence of such provisions, in any other way, the prior art and technology required by the state of science and technology against damage caused by the transport of the nuclear fuel,
4.
The required provision for compliance with statutory damages obligations is met,
5.
the required protection against disruptions or other effects of third parties is guaranteed,
6.
predominant public interests of choice of type, time, and path of promotion do not stand up,
7.
for the transport of irradiated fuel elements of nuclear fuel splitting plants for the commercial production of electricity to central temporary warehouses according to § 6 para. 1 proof is shown that a storage facility is not available in an interim storage facility to be established in accordance with Article 9a (2) sentence 3.
(3) The provision for the fulfilment of statutory provisions required under paragraph 2 (4) Claims for damages shall not be required for the transport of the nuclear fuel referred to in Appendix 2 to this Act.(4) The authorisation shall be granted for the individual transport operation; however, it may be granted to an applicant in general for a maximum period of three years to the extent that the purposes referred to in § 1 (2) to (4) do not conflict.(5) A copy or a publicly certified copy of the approval certificate shall be carried out during the transport operation. 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 control and the competent authority of the competent authority.(6) The first sentence of paragraph 5 shall not apply to 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. Non-official table of contents

§ 4a Cover provision for cross-border transport

(1) The provision of the provision for the Compliance with statutory claims for damages shall be met, subject to paragraphs 3 and 4, in the case of the international carriage of nuclear fuels if the required amount of nuclear fuel is required in accordance with Article 4 (c) of the Paris Convention. Certificate of financial security relating to the holder of a nuclear installation situated in a State Party to the Paris Convention.(2) The insurer within the meaning of Article 4 (c) of the Paris Convention shall be
1.
a domestic operation civil liability insurance insurance undertaking or
2.
an insurance undertaking of a third country within the meaning of section 105 (1) of the Insurance supervision law which is authorised in its country of seat to operate civil liability insurance if, in addition to it, an insurance undertaking authorised in accordance with the provisions of point 1, or an association of such insurance undertakings, the obligations of an insurance undertaking Liability insurer takes over.
Other financial collateral may be admitted instead of the insurance if it is guaranteed that the person responsible for the security of the cover will be reckoned with as long as he or she is expected to receive the cover. , it will be able to comply with its statutory claims for damages in the context of the setting of the financial security cover.(3) Where the Brussels Complementary Convention has not entered into force for a State Party to the Paris Convention, in the case of the transit of nuclear fuel, the authorization referred to in § 4 may be made subject to the fact that the latter shall be subject to the law of the Convention. The State of the Contracting State shall, to the extent that it increases in the course of inland transport, the maximum limit of liability of the holder of the nuclear facility for nuclear events which occur in the course of the inland transport, as well as the quantity and nature of the nuclear fuel and the the security measures taken. 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 the import or export of nuclear fuel from one or another State Party to the Paris Convention, for which the Brussels Supplemental Agreement has not entered into force, the authorisation pursuant to § 4 may be made subject to: , that the owner of the nuclear plant situated in the home, to or from which the nuclear fuel is to be transported, shall be liable for nuclear events which occur in the course of domestic transport, in accordance with the provisions of this Act if the limit of liability provided for in the other State Party to the Paris Convention is not appropriate with regard to the quantity and nature of the nuclear fuel and the safety measures taken. Non-official table of contents

§ 4b Carriage of nuclear materials in special cases

(1) Anyone who carries core materials without a permit according to § (4) before the commencement of the transport of the competent authority, it shall be necessary to provide evidence of 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 are to be applied.(2) Paragraph 1 shall not apply in so far as it relates to the transport of nuclear materials referred to in Appendix 2 to this Act. unofficial table of contents

§ 5 Permission to possess nuclear fuel; state custody

(1) For the possession of nuclear fuel who, on the basis of a permit issued pursuant to this Act or a Regulation adopted pursuant to this Act, deals with nuclear fuels or carries nuclear fuel, in particular nuclear fuels
1.
entitled to move according to § 4,
2.
on the basis of an approval pursuant to § 6,
3.
in an installation approved in accordance with § 7, or on the basis of an authorisation in accordance with § 9, processed, processed or otherwise used,
4.
in an interim storage facility or in an installation for the purpose of § § 9a to 9c Disposal of radioactive waste or disposal of radioactive waste.
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 to be used.(2) Anyone who has 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 general public for the fate of nuclear fuels in the case of a person entitled to possession of 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 fuel without knowing that these nuclear fuels are .(3) In the case referred to in the first sentence of paragraph 2, it may not be possible for the direct holder to be kept for storage pursuant to a permit pursuant to § 6 or another authorized possession in accordance with 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 to deliver it to the depositary authority, unless an order pursuant to section 19 (3) sentence 2 no. 2 deviates or permits. A person who has delivered nuclear fuel in accordance with the first sentence of the first sentence shall be responsible for the protection of the general public for an authorized 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 Possession of the nuclear fuel is justified.(4) Nuclear fuels in respect of which a person entitled under paragraph 1 is not detectable or cannot be used is to be protected by the State.(5) In the case of state preservation, the prevention of damage caused by the storage of nuclear fuels, as required by the state of science and technology, must be taken and the necessary protection against disruptive measures or other effects Third, to ensure.(6) The release of nuclear fuel from public storage or the release of nuclear fuel shall be permitted only to an authorized person authorized in accordance with the first sentence of paragraph 1.(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 and the third sentence of the third sentence of paragraph 3, make arrangements for the holding of the nuclear fuel in the case of food or for delivery to a Authorized to meet. 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 fuels contained in radioactive waste. Non-official table of contents

§ 6 Approval for the storage of nuclear fuels

(1) Anyone who is responsible for nuclear fuel outside of the state , the authorisation shall be required. An authorisation shall also require a substantial change in the authorised storage.(2) The approval is to be granted if there is a need for such retention and if
1.
There are no facts from which concerns about the reliability of the applicant and the persons responsible for managing and supervising the storage , and the persons responsible for the management and supervision of the storage have the necessary technical expertise,
2.
according to the state of the Science and technology required precautions against damage caused by the storage of nuclear fuels,
3.
the necessary precautions for the fulfilment of the requirements
4.
provides the necessary protection against interference or any other effects of third parties .
(3) Who, in order to fulfil the obligation pursuant to Section 9a (2) sentence 3, within the completed site of a plant for the division of nuclear fuels for the commercial production of electricity in a separate storage facility 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 accordingly.(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 Section 9a (2a) does not have a suspensive effect.(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 beginning 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. Non-official table of contents

§ 7 Approval of assets

(1) Anyone who has a fixed installation for creation or processing or processing or for processing Fission of nuclear fuels or for the work-up of irradiated nuclear fuels has been established, operated or otherwise held or the plant or its operation substantially changed, requires the 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 shall not apply to significant changes in installations or their operations.(1a) The entitlement to operate a plant for the separation of nuclear fuels for the industrial production of electricity shall be issued if the electricity quantity listed in Annex 3, column 2, for the installation, or on the basis of: the amount of electricity produced in accordance with paragraph 1b is produced, but no later than
1.
with expiry of the 6th August 2011 for the nuclear power plants Biblis A, Neckarwestheim 1, Biblis B, Brunsbüttel, Isar 1, Unterweser, Philippsburg 1 and Krümmel,
2.
with the end of the 31. December 2015 for the nuclear power plant Grafenrheinfeld,
3.
with expiration of the 31. December 2017 for the nuclear power plant Gundremmingen B,
4.
with expiration of the 31. December 2019 for the nuclear power plant Philippsburg 2,
5.
at the end of the 31. December 2021 for the nuclear power plants Grohnde, Gundremmingen C and Brokdorf,
6.
with the end of the 31. 4. December 2022 for the Isar 2, Emsland and Neckarwestheim 2 nuclear power plants.
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 authorisation 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 a public auditor within one month. audit firm, and to certify it.(1b) Electricity quantities as set out in Appendix 3, column 2, may be transferred wholly or partly from one installation to another installation if the receiving installation has commenced the commercial operation later than the issuing plant. 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 Federal Ministry for the Environment, Nature Conservation and Nuclear Safety 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 Appendix 3, column 2, may also be transferred from the installations referred to in the first sentence of the first subparagraph of paragraph 1 (1) to (6), even after the authorization has been extinguisher, in accordance with the rates 1(1c) The marketing authorisation holder shall have the competent authority
1.
monthly as referred to in paragraph 1a in the following:
(2
the results of the verifications and the certificates referred to in paragraph 1 (a) of the Annex to the Annex to Annex 3, column 2, to be communicated in the previous month
3.
3.
the transfers carried out between installations referred to in paragraph 1b within one week of the date of the establishment of the
the first monthly communication on the quantity of electricity produced in accordance with the first sentence of paragraph 1, the marketing authorisation holder has sent a communication on the quantity of electricity produced since 1 January 2008. 1 January 2000 until the last day of April 2002, which has been verified and certified by a chartered accountant or an accounting firm. The period of the first monthly notice 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 defined 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) For the Mülheim-Kärlich nuclear power station, the first sentence of paragraph 1a, the first sentence of the first subparagraph of paragraph 1b and the first sentence of paragraph 1c of the first sentence of paragraph 1 (c) shall apply, provided that the quantity of electricity listed in Annex 3, column 2, shall be transferred only after transfer to the Nuclear power plants may be produced in these plants.(1e) The competent authority may, in order to prevent the risks or disturbances of the security or reliability of the electricity supply system within the meaning of Section 13 of the Energy Economic Law of 7 December 2009, be adopted by the competent authority. 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 § 1 of the Energy Security Act of 20 June 2016. December 1974 (BGBl. 3681), which was last amended by Article 164 of the Regulation of 31 December 2008. October 2006 (BGBl. 2407), up to 1. On 19 September 2011, one of the installations referred to in paragraph 1 (1) (1), which is suitable for location and electrical connection, shall determine the date of expiry of the 31 December 2011. It is to be held in an operational state for the generation of 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 approval may only be granted if
1.
does not have any facts from which concerns the reliability of the applicant and the persons responsible for the establishment, management and supervision of the operation of the installation, and the establishment, management and supervision of the operation of the installation
2.
The persons responsible for this purpose
be responsible for ensuring that the persons involved in the operation of the installation are required to carry out the necessary technical measures. Knowledge of the safe operation of the plant, the potential hazards and the protective measures to be applied
3.
which is based on the state of science and Technology required to prevent damage caused by the installation and operation of the plant,
4.
the necessary provision for the fulfilment of legal requirements.
5.
the necessary protection against interference or other effects of third parties is guaranteed,
6.
predominant public interests, especially with regard to the environmental impact, do not conflict with the choice of location of the facility.
(3) The closure of an installation pursuant to the first sentence of paragraph 1 as well as the safe inclusion of the permanent set-aside or the dismantling of the installation or parts of the installation shall require the approval. Paragraph 2 shall apply mutatily. An authorization pursuant to sentence 1 shall not be required, provided that the measures envisaged have already been the subject of an authorisation pursuant to the first sentence of paragraph 1 or the arrangement pursuant to Article 19 (3).(4) In the authorisation procedure, all authorities of the Federal Government, the Länder, the municipalities and the other local authorities are to be involved, the areas of which shall be 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 planned for the decommissioning, the safe containment or the dismantling of installations for the division of nuclear fuel or plant parts from a discussion date may be waiving.(5) In the case of mobile installations, paragraphs 1, 2 and 4 shall apply accordingly. However, the legal regulation referred to in the third sentence of paragraph 4 may provide that it may be waited from a publication of the project and an interpretation of the documents and that there shall be no discussion of objections to that effect.(6) § 14 of the Federal Immission Protection Act applies mutatis mutualto the effects of an approved installation on another property.

Footnote

§ 7 para. 1e sentence 1 italic print: The word "electricity supply sytems" would have to be correct "Electricity supply systems" are unofficial table of contents

§ 7a advance notice

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

§ 7b Objections of third parties with partial approval and advance notice

To the extent that a partial approval or an advance notice is required have been decided on an application pursuant to § 7 or § 7a and this decision has become indisputable, in a further procedure for the approval of the installation, objections of third parties can no longer be levied on the basis of facts which already exist , or could have been brought forward by the third party in accordance with the documents or the documents issued or the documents issued. unofficial table of contents

§ 7c

(omitted) unofficial Contents

§ 7c obligations of the marketing authorisation holder

(1) The responsibility for nuclear safety is the responsibility of the holder of the authorisation for the nuclear installation. This responsibility cannot be delegated.(2) The marketing authorisation holder referred to in paragraph 1 shall be obliged to set up
management system
1.
; and , which shall give due priority to nuclear safety,
2.
permanently adequate financial and human resources for the performance of its obligations in respect of to provide for the nuclear safety of the relevant nuclear installation and to keep it available,
3.
to provide the training of its staff with a view to the Nuclear safety nuclear installations are entrusted with the task of maintaining and developing their knowledge and capabilities in the field of nuclear safety.
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§ 7d More against risks

The holder of a permit to operate a nuclear fuel split plant for the commercial production of In accordance with the progressive state of science and technology, electricity shall ensure that the security arrangements are implemented, each developed, appropriate and appropriate, in addition to the requirements of § 7 Paragraph 2 (3) shall not only make a minor contribution to the further provision of risk to the general public. Non-official table of contents

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

(1) The regulations of the The Federal Immission Control Act concerning installations requiring approval and the suppression of the remote use of such systems shall not apply to installations subject to approval in accordance with § 7, insofar as it is the protection of the plants in front of the Dangers of nuclear energy or the harmful effects of ionizing radiation.(2) In accordance with § 4 of the Federal Immission Protection Act, a requirement for approval in accordance with § 7 of the Federal Immission Protection Act requires approval in accordance with § 4 of the German Federal Immission Control Act. In accordance with the provisions of the Federal Immission Control Act and the legal regulations issued thereto, the nuclear licensing authority shall take the decision in agreement with the national authority responsible for the protection of the immission.(3) For installations in need of surveillance in accordance with Section 2 (30) of the Product Safety Act, which are used in installations subject to authorisation within the meaning of Section 7, the approval authority may, on a case-by-case basis, derogations from the applicable legislation permit the establishment and operation of installations in need of surveillance, in so far as this is due to the special technical nature of the installations according to § 7. Non-official table of contents

§ 9 Processing, processing, and other use of nuclear fuel outside assets subject to approval

(1) Those who process, process or otherwise use 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 certificate of approval is changed significantly.(2) The approval may only be granted if
1.
does not have any facts from which concerns on the reliability of the applicant and the persons responsible for the management and supervision of the use of nuclear fuel, and those responsible for the management and supervision of the use of nuclear fuel Persons who have the necessary expertise to do so,
2.
ensure that the persons who are otherwise involved in the intended use of nuclear fuel are the persons who are possess the necessary knowledge of the potential hazards and the protective measures to be applied,
3.
required by the state of the art of science and technology Prevention of damage caused by the use of nuclear fuel,
4.
the necessary precautions for the performance of statutory damages obligations
5.
the required protection against interference or other effects of third parties is guaranteed
6.
predominant public interests, in particular with regard to the clean water, air and soil, the choice of the place of use of nuclear fuel
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§ 9a Recycling of radioactive waste and disposal of radioactive waste

(1) in which nuclear fuel is handled, constructed, operated, otherwise held, substantially altered, stilted or disposed of, bypassing such installations with radioactive materials, or operating installations for the production of ionising radiation, shall have: to ensure that any radioactive residues produced, as well as the developed or degraded radioactive parts of the plant, are properly recovered or disposed of as radioactive waste for the purposes referred to in § 1 (2) to (4). (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 shall not be allowed.(1a) The operators of nuclear fuel splitting installations for the production of electricity have to prove that they are responsible for the performance of their obligations under paragraph 1 for and in the light of the provisions of Section 7 (1a) and (1b) of the Treaty , irradiated nuclear fuels, including the radioactive waste to be recovered in the case of the reprocessing of irradiated nuclear fuels, have taken sufficient precautions (waste disposal notice). The proof is per year at the 31. It will be updated by 31 December at the latest. The report shall be submitted in March of the following year. The competent authority shall be notified without delay of a significant change in the conditions on which the disposal system is based.(1b) In order to be disposed of in an orderly manner, it is necessary to demonstrate that the safe fate of irradiated nuclear fuels and radioactive waste from the reprocessing of irradiated nuclear fuels is to be carried out in interim storage facilities up to the delivery thereof to a Plant for the disposal of radioactive waste is guaranteed. 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 must be demonstrated that interim storage facilities of the disposal subject, which are legally and technically available for this purpose, are 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 detection procedure for the orderly disposal of the radioactive waste to be recovered from the work-up may be provided by a third party if the intermediate storage of the radioactive waste to be returned is 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 authorities and the presentation that this will be contractually secured according to the requirements of the contract.(1c) In so far as the permissible harmless recovery of irradiated nuclear fuels is provided for in the second sentence of paragraph 1, it must be demonstrated that the re-use of the plutonium recovered from the work-up and of the still to be recovered in installations for the division of Nuclear fuel for the commercial production of electricity is guaranteed; this does not apply to plutonium, which is up to 31% of the total. It has already been reinstated in August 2000, or for plutonium already obtained, for which the rights of use and consumption have been transferred to third parties by 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 or confirmations of third parties with appropriate facilities, or in the event of the use of the fuel elements in Appropriate installations of the disposal subject must be demonstrated by the presentation of the planning of their use. Evidence of re-use in other installations operated within the European Union or in Switzerland for the separation of nuclear fuel for the commercial 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 are presented.(1d) In the case of uranium obtained from the processing of irradiated nuclear fuels, the disposal subject shall have the safe whereabouts by means of realistic planning of adequate interim storage facilities available on demand Proof. The third sentence of paragraph 1b shall apply accordingly. As soon as the intermediate uranium is to be transferred from the interim storage facility, this shall be communicated to the competent authority, including the planned disposal route for the fulfilment of the obligations laid down in paragraph 1.(1e) Paragraph 1a shall apply accordingly to operators of nuclear fuel splitting installations for research purposes.(2) Anyone who possesses radioactive waste shall deliver it to an installation 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 decree 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 facility is to be installed (intermediate storage location close to the site) and the irradiated nuclear fuels will be stored there until they are delivered to a plant for the disposal of radioactive waste; the possibility of the delivery of radioactive waste is to be carried out Nuclear fuel for reprocessing as referred to in the second sentence of paragraph 1 shall remain unaffected. The competent authority shall, on request, authorise exemptions from the custody of the plant in accordance with the third sentence if the operator of an installation has made a decommissioning request and has made a binding statement at which point in time before the 1. It will permanently cease operation of the plant for the separation of nuclear fuel for the industrial production of electricity. Where the competent authority grants the exemption from the duty of custody in accordance with the third sentence, the authorisation to operate the plant for the division of nuclear fuels for the commercial production of electricity shall be granted by the operator in his application named date.(2a) The operator of plants for the separation of nuclear fuels for the commercial production of electricity also has to ensure that the nuclear fuels irradiated from the work-up of nuclear fuels are solidified in a foreign country. , and shall be kept in interim storage facilities close to the site referred to in the third sentence of paragraph 2, until they are delivered to an installation for the disposal of radioactive waste.(3) The Länder have land register offices for the interim storage of radioactive waste generated in their territory, and the Federal Government has to set up installations for the purpose of securing and 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 tasks 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 sentence 3, the contributions made pursuant to section 21b shall apply, which shall be subject to the advance payments made pursuant to the provisions of Article 21b (3) of the Act as well as the contributions made by the Landessammelstellen pursuant to § 21a (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 arising from the breach of the obligations of the third party, the third party shall have sufficient liability insurance to be insured. § 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 sentence 3.(4) (omitted) unofficial table of contents

§ 9b Approval procedure

(1) The establishment, operation and decommissioning of the Plants of the Federal Republic of Germany as well as the substantial modification of such plants or their operations 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, on the grounds of a plan determination decision, if the substantial change in the decision-making decision is In accordance with the provisions of paragraph 1 of the Act on the Environmental Impact Assessment, the amendment shall not have any significant adverse effect on a property referred to in Article 2 (1), second sentence, of the Environmental Impact Assessment Act. Section 76 of the Administrative Procedure Act shall not apply.(1a) In cases where the site has been established by federal law, a permit shall be granted to the site 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 approval is to fail if
1.
from the establishment, operation, or decommissioning of the the planned plant will be expected to have adverse effects on the welfare of the general public, which cannot be prevented by substantive restrictions and conditions, or
2.
other public law regulations, in particular with regard to the environmental compatibility, construction, operation or decommissioning of the plant
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, shall be accepted. Authorisations, lenders, permits, authorisations, consents and plan findings are not required, with the exception of water rights and authorisations, as well as decisions on the admissibility of the project in accordance with the Rules of mountain 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 Atomic Energy Regulation are applicable.(2) In the event of a plan, the environmental compatibility of the installation 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.(3) In order to achieve the purposes referred to in § 1, the planning decision decision may be limited in content and be subject to conditions. 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 plan determination decision may only be granted if the conditions set out in Article 7 (2) (1) to (3) and (5) are met; these conditions shall apply mutationally to the decommissioning. The plan determination decision is to fail if
1.
from the establishment, operation, or Decommissioning of the planned plant is to 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 regulations, in particular with regard to the environmental compatibility, construction, operation or decommissioning of the plant
(5) § § § 72 to 75, 77 and 78 of the Administrative Procedure Code shall apply to the planning procedure with the following conditions:
1.
The announcement of the project and the discussion date, the design of the plan, the collection of objections, the implementation of the discussion date and the delivery of the Decisions must be made in accordance with the legal regulation pursuant to Section 7 (4) sentence 3. For the form and content and nature and scope of the plan to be submitted, the provisions contained in this Regulation shall apply in respect of nuclear safety and radiation protection.
2.
Prior to a reserved decision, it is possible to discontinue the publication and interpretation of the file, if the notice and interpretation of the documents are not yet available.
3.
The plan determination does not extend to the admissibility of the project according to the Rules of mountain and deep storage right. The competent authority in accordance with Section 23d (1) (2) decides on this.
4.
§ 7b of this Act as well as § 18 of the German Atomic Energy Ordinance Act shall apply accordingly. for partial plan determination decisions for federal plants according to § 9a para. 3.
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§ 9c Landessammelstellen

For the Storage or processing of radioactive waste in Landessammelstellen in accordance with § 9a (3) sentence 1 of the first half-sentence are the licensing requirements of this law applicable to the handling of these radioactive substances and the provisions of this law shall apply. unofficial table of contents

§ § 9d to 9f (omitted)

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§ 9d expropriation

(1) For the purposes of the installation and operation of installations for the disposal of radioactive waste and for the purpose of making it essential Modifications of such installations or of their holding shall be permitted to be expropriated to the extent that it is necessary for the execution of a plan established or approved in accordance with section 9b of this Article.(2) The expropriation shall also be admissible for the purposes of the preparatory site exploration for installations for the disposal of radioactive waste, insofar as they are intended for the implementation of exploratory measures on the basis of the regulations of the Federal Mining Act as well as to the disclosure of which is necessary from the decision 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. Non-official table of contents

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

(1) The expropriation pursuant to § 9d may result in
1.
revoked or burdened by property or other rights in real estate and equal rights
2.
The rights and powers which entitle to the acquisition, possession or use of land or equal rights of the land are withdrawn or which shall be revoked. Consented to the use of land or the same rights,
3.
maintaining mining rights as well as the Bundesberggesetz (Federal Act on Mining)
4.
Legal relationships giving rise to the rights of the kind referred to in point 2.
Land parts are subject to the following: Land in accordance with the first sentence of the first sentence.(2) The expropriation shall be admissible only if the good of the general public, in particular the securing of the disposal of radioactive waste in accordance with § 9a, requires it and if the purpose of the expropriation is carried out in compliance with the location of the project. other reasonable ways cannot be achieved. 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 an appropriate scale in terms of construction or economic use.(3) Compensation by the applicant shall be provided 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 restriction of rights or powers under paragraph 1, the compensation procedure may be carried out directly.(4) § § 93 to 103 and 106 to 122 of the Construction Code shall apply accordingly for the expropriation and the compensation. In the case of the expropriation of mining rights and rights within the meaning of § 9e (1), first sentence, point 3, § 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 for the purposes of § § § § 9e (1), first sentence of the Federal Act on Mining 9d (1) and (2) shall be provisionally transferable to the applicant.(5) In the case of appeals against decisions of the expropriation authority, § § 217 to 231 of the Construction Code shall apply. Legal remedies against decisions pursuant to § 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. Non-official table of contents

§ 9f Preworking on land

(1) Owners and other users have to condone that to prepare for the plan setting in accordance with § 9b and the above-day site exploration for installations for the disposal of radioactive waste land enter and drive land, as well as measurements, soil and groundwater investigations and similar temporary preparatory work on Land shall be executed 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 to be restored. The competent authority may order the facility to remain in place within the framework of the preparatory work.(3) In the event of a measure under paragraph 1 or an order pursuant to the second sentence of paragraph 2, the owner or other authorized user shall be subject to a direct financial disadvantage, such compensation shall be made in cash. Section 21b shall remain unaffected. unofficial table of contents

§ 9g Change lock

(1) To save plans for projects in accordance with § 9b, or to back up or continue a project The location of installations for the disposal of radioactive waste can be determined by means of a legal regulation for a period of not more than ten years in planning areas, on the surfaces of which or in the subsoil thereof substantially more value-enhancing or the Projects in accordance with § 9b or the location of the site may not be subject to significant 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 of 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, provided that 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 of the planning procedure in accordance with § 9b or § 57a of the Federal Mining Act.(2) From the start of the design of the plan in the planning procedure referred to in Article 9b to the areas affected by the plan and in the area of the subsoil covered by the plan, significant changes in value or significantly aggravated by the plan may be made. until the scheduled take-up is not 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 mutatis-nly to projects relating to the preparatory site exploration of installations for the disposal of radioactive waste on the basis of the provisions of the Bundesberggesetz (Bundesberggesetz); to the point of interpretation of the plan in the Planning procedures according to § 9b arise the interpretation of the plan in the planning of the planning process according to § 57a of the Federal Mining Act.(4) The 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 where compliance with the change barrier appears to be one of the obvious cases would lead to unintended hardship.(5) In the event of a period of change of change 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 claim adequate compensation in respect of the resulting financial disadvantages. The compensation shall be provided by the project carrier. Section 21b shall remain unaffected. Non-official table of contents

§ 10

Legal regulation allows exceptions to the provisions of § § 3 to 7 and 9 to the extent that the quantity or nature of the nuclear fuel, or because of certain protective measures or protective equipment, is not likely to be caused by damage resulting from a self-supporting chain reaction or from the effects of ionizing radiation; and as far as the purposes referred to in § 1 (3) and (4) do not conflict. 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). Non-official table of contents

§ 11 empowerment regulations (approval, display, general admission)

(1) Insofar as not by this law, Nuclear fuels and for installations within the meaning of § 7 a special arrangement is made, can be determined by means of a legal regulation to achieve the purposes referred to in § 1,
1.
that the search for radioactive substances, the handling of radioactive materials (extraction, production, Storage, processing, processing, other use and disposal), the transport of radioactive substances (purchase and supply to others), the transport and import and export of these substances to a permit or display, and the following: what conditions and with which secondary provisions and in what procedure a release of radioactive substances for the purpose of dismissal from the supervision under this Act or of a legal regulation adopted pursuant to this Act, or dismissal of radioactive substances of natural origin resulting from the monitoring of these rules,
2.
that the establishment and operation of installations shall be carried out in accordance with the Generation of ionizing radiation of a permit or display require,
3.
that after a type examination by a body to be recorded in the legal regulation Installations, equipment and devices containing radioactive substances or producing ionizing radiation may be generally approved and which advertisements shall be provided to the holders of such installations, equipment and devices,
4.
that safety-related parts of the plant, whose production is to be started before the application or prior to the granting of a permit, in annexes pursuant to § 7 para. 1 sentence 1 shall be allowed to be installed only if there is a legitimate interest in prefabrication and if it is proved 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 are to be attached and the legal effects of the authorisation of the pre-production,
5.
to be used in certain ways or for certain purposes, or to be removed or not placed on the market in a specific way or not placed on the market, to the extent that the prohibition on the protection of radioactive substances may be used for the purposes of Life and health of the population against the dangers of radioactive substances or the enforcement of decisions of international organisations, of which the Federal Republic of Germany is a member, is required,
6.
for the implementation of legal acts of the European Communities, the entry, export and transit (transboundary movements) of radioactive substances of a permit or consent need to be reported and reported, and to be accompanied by documents. It can also be determined that consents can be provided with secondary determinations,
7.
that in order to protect against ionizing rays of natural origin, ,
8.
that the appropriate addition of radioactive substances to the production of medicinal products, medical products, 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 to a permit, or
legal 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 to the Procedures for authorisations, consents referred to in paragraph 1 (6) and general authorisations.(3) Where a release of radioactive substances or a release of radioactive substances of natural origin, in accordance with a regulation adopted pursuant to paragraph 1 (1) of this Regulation, the disposal of radioactive substances in accordance with the provisions of the Circular Economic Law or the on the basis of which, or on the basis of, the up to 1. In the light of the provisions of the Law on Circular Economy and Waste Management, which apply in June 2012, these substances may not be reused or recovered in accordance with the provisions of the above-mentioned provisions. Non-tampering table of contents

§ 12 Enforcement provisions (protective measures)

(1) By means of a legal regulation, it may be used to achieve the
1.
which preventive and monitoring measures, including justification, are determined 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 workers and the general public against the dangers arising from ionizing radiations (OJ L 327, 28.5.1996, p. EC No 1) and Article 3 of Council Directive 97 /43/EURATOM of 30 June 2001. 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 327, 28.12.1997, 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, appliances 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 radiation of natural origin in the case of work
2.
which provision is to be made that certain 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 only be carried out after the submission of a certificate of specially authorised doctors, and that: Health concerns about such employment the supervisory authority after consulting a medical expert decides,
3a.
that and in what way to Evaluation of projects relating to the use of radioactive substances or ionizing radiation in the human person in medical research is to be carried out by an Ethics Committee, which demands the independence and expertise of such an Ethics Committee , and under what conditions their registration is to be made or revoked and how this is made public,
3b.
that and to the way in which diagnostic reference values related to the exercise of medical or dentistry for the use of radioactive substances or ionising radiation are identified, prepared and published in humans, the medical Radiation exposures are determined by persons and surveys are carried out in each case,
3c.
that the competent authorities are subject to medical and dental authorities determine and determine the manner in which the medical and dental authorities carry out tests to ensure that the requirements of the medicinal products used in the use of radioactive substances or ionizing radiation in medicine are applied to the medical science, and the methods used and the equipment used correspond to the relevant quality standards required to ensure the lowest possible exposure of patients to radiation, and that and the manner in which the results of the tests are communicated to the competent authorities,
4.
that and to what extent persons who are in radiation-sensitive areas shall be obliged to carry out measurements to determine the doses of radiation on their body, medical examination and, to the extent necessary to protect other persons, shall be required to carry out or carry out work pursuant to Section 11 (1) No 7. or the general public, and that the examination or treatment is to be carried out by specially authorised doctors and that, and in what way, in the case of the operation of aeroplanes, radiation exposures of Persons shall be identified, registered and transmitted to a body to be identified in more detail or to be determined on the basis of a regulation adopted in accordance with this law, and that such bodies shall communicate to the Commission the communications to the Transmit radiation protection registers,
4a.
that for the determination of radiation exposures, the competent authorities determine measuring points,
5.
that and in what way about the production, extraction, acquisition, possession, release and other fate of radioactive substances and measurements of dose and Dose performance of ionizing rays is to be reported and reported to be reported,
6.
that and in what manner and to what extent the holder of an installation, in which is to be dealt with or to be dealt with with radioactive substances, is obliged to inform the supervisory authority whether and which deviations from the information on the application for authorisation, including the accompanying documents or from the approval,
7.
that safety-related deviations from the intended operation, in particular accidents and other damage caused by the operation of the vehicle, are not Management of radioactive substances, in the establishment and operation of installations in which radioactive substances are handled, as well as in the handling of installations, equipment and devices of the type of supervisory authority referred to in Article 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, are to be reported for the purpose of improving the security arrangements provided for in the regulation may be published,
7a.
that and in what way the population in terms of safety-related significant deviations from the operations, in particular accidents, must be kept informed of the standards of conduct and health protection measures to be taken in the event of a radiological emergency, and in which way persons who are Rescue measures in case of a radiological emergency situation can be used or can be used to inform about possible health hazards and precautionary measures,
8.
which radioactive waste is to be delivered to the Landessammelstellen and to the federal plants according to § 9a para. 3 and that in view of the extent of the risk associated with it , under certain conditions, any other interim storage or other exceptions to the delivery obligation may be or may be ordered or approved,
9.
what requirements the harmless recovery and the orderly disposal of radioactive waste as well as the developed or degraded radioactive plant parts have to satisfy, that and The contents shall be provided for the performance of the obligations laid down in § 9a (1) to (1e) and shall be continued, in which way, prior to delivery, radioactive waste shall be treated to the Landessammelstellen and to the Federal Government's plants, In the meantime, as well as in the case of transport by quantity and quality, it is necessary to demonstrate how the delivery must be carried out, as it is to be ensured and stored in the Landessammelstellen and in the federal plants, under what requirements and how they are to be deducted from the Landessammelstellen to installations of the Federal Government and how they are to be monitored pursuant to Section 9a (3),
9a.
the way in which residues and other materials are to be recycled or removed from work pursuant to Article 11 (1) (7), in particular, and in which way radioactive impurities are to be removed by such residues or other materials ,
10.
in which way the protection of radioactive substances, of installations within the meaning of § § 7 and 11 para. 1 no. 2 as well as of plants according to federal systems according to § 9a para. 3 to be guaranteed against disruptive measures and other effects of third parties,
10a.
that the competent authorities are responsible for persons and organisations ,
11.
which requirements for training, professional knowledge and skills, in particular with regard to professional experience, suitability, instruction in the factual information, scope of test activities and other requirements and obligations, as well as the reliability and impartiality of the experts referred to in § 20 and the persons designated as the official experts , acting in accordance with a decree law adopted pursuant to this Act, and the conditions in respect of the technical equipment and cooperation of members of different fields of speciation , which are to be consulted as experts within the meaning of § 20,
12.
which requirements are to be met by the required specialist or to the necessary Knowledge of persons who are involved in the handling or handling of radioactive materials as well as in the establishment and operation of plants in accordance with § § 7, 9a (3) sentence 1, second half sentence and § 11 para. 1 no. 2 or in the case of the decommission or the dismantling of installations or parts of the system according to § 7 para. 3 act or carry out the safe containment or related activities, which evidence is to be provided hereafter and in what manner the manner in accordance with § § 23 and 24 competent licensing and supervisory authorities shall examine the existence of the necessary specialist or the necessary knowledge of the requirements to be met for the recognition of courses in the provision of the professional certificate; and the extent to which persons have to participate in a recognised course at certain intervals,
13.
that the supervisory authority has orders for the implementation of the of points 1 to 10.
Sentence 1 (1) and (7) shall apply mutas to the transport of radioactive substances, in so far as they relate to the attainment of the purposes referred to in § 1 (1), (3) and (4), and to the rules governing the transport of radioactive materials. the provision of 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. Non-official table of contents

§ 12a Authorizing rule (decision of the Committee of Directors)

The Federal Government is authorized, with the consent of Decisions of the Committee of Directors of the European Nuclear Energy Agency or its successor in accordance with the provisions of Article 1 (a) subs. ii and iii and in accordance with Article 1 (b) of the Paris Convention by means of a regulation in force, 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, provided that this is done in accordance with § 1 (1) of the Act of Paris shall be required. Unofficial table of contents

§ 12b Review of the reliability of people to protect against the release or release of radioactive materials

(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.
Applicant or licence holder and other persons responsible Persons appointed in accordance with § § 4, 6, 7, 9, 9a (3) or § 11 (1) no. 2) in permit, planning and supervision procedures relating to installations or activities in accordance with § § 4, 6, 7, 9, 9a (3) or § 11 (1), second paragraph, point 2.
2.
Persons active in the establishment or operation of assets within the meaning of § § 7 and 11 para. 1 no. 2 or of federal assets pursuant to § 9a, para. 3,
3.
People who work with radioactive substances or in the transport of radioactive materials, as well as
4.
Experts (§ 20).
Staff of the approval and supervisory authorities and staff of other authorities responsible under the first sentence of the first sentence with legal access to the respective installations or facilities shall be exempt from the verification of reliability.(2) The verification of the reliability shall be carried out with the prior written consent of the person to be checked (person concerned). (3) For the purpose of verification, the competent authority shall be entitled
1.
Verify the identity of the person concerned,
2.
at the police enforcement agencies of the federal and state governments as well as, as far as required in individual cases, the military shielding service, the Federal Intelligence Service and to the Customs Crime Office in accordance with existing findings which are important for the assessment of reliability,
3.
with the Federal Commissioner for the documents of the The State Security Service of the former German Democratic Republic shall, in order to establish a full-time or unofficial activity of the person concerned, request the State Security Service of the former German Democratic Republic if: the person concerned before the 1. January 1970 was born and there is evidence of such activity,
4.
an unrestricted information from the Federal Central Register or a management certificate for Authorities pursuant to Section 30 (5) of the Federal Central Register Act (Bundeszentralregistergesetz),
5.
in so far as required by a foreign person concerned in order to provide a transfer of Request data from the Register of Foreigners Registers and submit a request to the relevant Foreigners Authority for existing findings relevant for the assessment of reliability.
Measures in accordance with the first sentence shall be taken into account the nature of the installation or establishment, in particular the nature and quantity of the radioactive substances contained therein, the nature of the activity, the extent of the access authorization and the responsibility of the person concerned, and the transport of radioactive substances in addition, taking account of packaging and means of transport.(4) In the case of actual evidence of doubt as to the reliability of the person concerned, the competent authority shall be empowered, in addition, to
1.
The law enforcement and criminal courts, including the fiscal authorities responsible for tax criminal proceedings, to provide information and, if the doubts persist, 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, of the Weapons Act, the Weapons Act, the Explosives Act or any legal regulation adopted pursuant to these laws, and, if the doubts persist, to the person concerned with the competent authority
3.
to obtain information from the travel register in proceedings for the authorisation of the transport of radioactive substances.
(5) The 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 process and use the personal data collected for verification purposes, insofar 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 aliens ' authority shall immediately inform the competent authority of the 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 federal and state constitutional protection authorities may also store the data referred to in sentence 2 and their file reference point in the joint files according to § 6 of the Federal Constitutional Protection Act.(8) The competent authority shall delete the personal data stored for the purpose of verifying the reliability 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 post-report shall delete the personal data referred to in sentence 2 at the latest five years and six months after answering the request.(9) The details of the review, the admissibility of measures and the definition of review categories in accordance with paragraph 3, the relevant criteria for assessing the reliability, the determination of the deadline, the review , and other exceptions to the review shall be laid down in a regulation. Non-official table of contents

§ 12c Radiation Protection Register

(1) The data collected on the basis of a regulation pursuant to section 12 (1) sentence 1 no. 4 on the Radiation exposure of persons exposed to radiation are recorded in a register established by the Federal Office for Radiation Protection for the purpose of monitoring dose limit values and observing the principles of radiation protection. The data subject shall be informed of the data storage.(2) For the purposes set out above, information may be provided from the register to the extent necessary to the supervisory authorities in accordance with Article 24, and to the authorities and persons responsible for preventive and supervisory measures for the protection of the environment. professionally radiated persons.(3) For the purposes of scientific research in the field of radiation protection, personal data may be transmitted to third parties with the consent of the person concerned. 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 considerably greater than that of the person concerned. 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 it for the purpose for which it has been authorised to do so. The Regulation defines the conditions and procedures for the granting of information and the transfer of personal data. Non-official table of contents

§ 12d Register of highly radioactive sources of radiation

(1) This is due to a regulation pursuant to § 12 para. 1 sentence 1 no. 5 data collected on highly radioactive sources of radiation shall be recorded in a register set up by the Federal Office for Radiation Protection for the purposes specified in § 1 (2) to (4).(2) The register referred to in paragraph 1 shall include, in particular, the following information relating to the high-level radioactive source, its control and the authorisations granted under this Act or a regulation pursuant to Article 11 (1) (1) or (6): style="font-weight:normal; font-style:normal; text-decoration:none; ">
1.
Holder, Exhibition Date, Friend of Approval,
2.
identification number of the high-level radioactive source,
3.
properties, controls, and usage the high-level radioactive source,
4.
location of the transfer or storage of the high-level radioactive source,
5.
Obtaining or abandonment of the highly radioactive radiation source,
6.
Loss, theft or fund of the highly radioactive radiation source.
(3) Reading access to the register is provided by the competent authorities in accordance with § 22 (1) and (3), § § 23 and 24, the German Federal Ministry for Nuclear Safety and Radiation Protection, the Federal Office for Civil Protection and Disaster Assistance, the Federal Criminal Police Office, the State Criminal Police Offices, the Federal Police Office, the Federal Police Office, the Customs Crime Office, and the Federal Police Office in accordance with Section 58 (1) of the Federal Police Act. Federal and State Constitutional Protection Authorities.(4) Information from the register may be provided to the other police authorities of the countries, to the customs authorities, to the Military Shielding Service and to the Federal Intelligence Service, to the extent that 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. Agreements should be concluded.(5) Data stored in the register shall 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 details of
1.
The content and form of the data collection and the registration, on access rights and the procedure for issuing information and
2.
the data transfer, the rectification, the blocking and the deletion of Data
. Non-official table of contents

§ 13 Provision for the fulfillment of statutory damages obligations

(1) The Managing Authority has Authorisation procedure to determine the nature, extent and level of the provision for the fulfilment of statutory claims for damages (financial provisions) 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 which the the provision of cover must be proven.(2) The provision referred to in paragraph 1 shall
1.
for installations and activities in which liability shall be based on the Parisian Convention in conjunction with Section 25 (1) to (4), in accordance with Article 25a or in accordance with one of the international treaties referred to in Article 25a (2), in an appropriate relationship to the dangerousness of the installation or the activity
2.
in the other cases of an activity which requires authorisation under this Act or under a legislative decree adopted under this Act, ensure compliance with statutory claims for damages in the extent required by the circumstances.
(3) In the framework drawn by paragraph 2 and in order to achieve the purposes referred to in § 1, the following may be obtained by means of a legal regulation. provisions are adopted on the measures to be taken in order to ensure compliance with statutory claims for damages. 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 at a distance of five years each, with the aim of maintaining the real value of the financial security. check.(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 claims for damages based on legal liability provisions of private-law content. 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. Non-official table of contents

§ 14 Liability insurance and other financial security

(1) Will cover the financial security of assets and activities, which are liable pursuant to the Paris Convention in conjunction with Section 25 (1) to (4), in accordance with Article 25a, under one of the international treaties referred to in Article 25a (2) or in accordance with section 26 (1) in conjunction with paragraph 1a, by a Liability insurance provided, shall apply to these without any direct claim in the meaning of Section 115 of the Insurance Contract Law being established, as defined in § § 117 and 119 to 122 of the Insurance Contract Law, subject to the proviso that the period § 117 (2) of 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 § 26 para. 1a, is inhibited for the duration of the carriage In the case of the application of Section 117 (3) sentence 2 of the Insurance Contract Law, the exemption obligation pursuant to § 34 shall not be taken into consideration. § 109 of the Insurance Contract Law is not applicable.(2) If the financial security is provided by other financial security rather than through liability insurance, the provisions of paragraph 1 shall apply accordingly. Non-official table of contents

§ 15 Ranking of financial security satisfaction

(1) If the holder of a financial security is responsible for the security of the financial services, the Nuclear facility and an injured party at the time of the nuclear event's entry into the Group Company within the meaning of Section 18 of the German Stock Corporation Act, the financial security shall be subject to the statutory claims for damages of this company Damaged persons shall only be used if this does not affect the coverage of the replacement claims of other claimants. Nuclear installations within the meaning of the first sentence are also reactors which are part of a transport means.(2) If damage to an industrial plant has occurred in the vicinity of the nuclear installation, the first sentence of paragraph 1 shall apply if the site is used to use energy originating from the nuclear installation for production processes.(3) The replacement claims to be fulfilled in accordance with paragraphs 1 and 2 are of equal importance to one another. unofficial table of contents

§ 16

(omitted) unofficial Contents

§ 17 Content restrictions, conditions, revocation, designation as the holder of a nuclear installation

Authorisations and general authorisations under this Act or pursuant to a law adopted pursuant to this Act Legal regulation shall be given in writing, but not in electronic form; by way of derogation may be provided for in the legal regulations adopted pursuant to this Act, that the authorisation or general authorisation shall also be provided in electronic form with a permanently verifiable signature in accordance with § 37 (4) of the Administrative Procedure Act. In order to achieve the purposes specified in § 1, they may be limited in content and subject to conditions. 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 pursuant to § 7, as well as general authorisations may be temporary.(2) Authorisations and general authorisations may be withdrawn if one of their conditions has not been fulfilled during the grant of the authorisation.(3) approvals and general authorisations may be revoked if
1.
of them within No use has been made for two years unless the approval or general authorisation determines otherwise,
2.
one of its requirements later has fallen away and is not being remedied at an appropriate time, or
3.
against the provisions of this Act or of the provisions adopted pursuant to this Act (a) the legal regulations, the orders and orders of the supervisory authorities based on this, or the provisions of the decision on the authorisation or general authorisation, are in breach of the law or in the event of a subsequent failure to comply with the provisions of the Treaty In the event of a reasonable period of grace, a proper proof of compliance is not provided for in due time.
4.
in accordance with Section 9a (1a) to (1e), or even after a reasonable grace period has been established, no results of the security review to be carried out pursuant to § 19a (1) are submitted.
(4) Approvals are to be revoked if the The provision of cover provisions does not correspond to the fixing in accordance with Article 13 (1) and the obligation to provide financial cover does not provide for a guarantee of financial security to be determined within a reasonable time limit to be determined by the managing authority.(5) authorisations or general authorisations must also be revoked where this is necessary because of a significant risk to the employees, third parties or the general public and not to remedy the situation by subsequent conditions at an appropriate time. can be created.(6) In the case of the approval of activities authorizing the operation of 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 withdrawal or withdrawal of a pursuant to this Act, or in the event of a withdrawal from the Law enacted by law or by general authorisation must be paid to the person entitled to receive adequate compensation in money. 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 route is open before the ordinary courts.(2) A compensation obligation shall not be given if
1.
the holder of the authorisation or general Authorisation has been granted on the basis of information which was essentially inaccurate or incomplete,
2.
the holder of the authorisation or general authorisation or the persons involved in the exercise of the authorisation or general authorisation have given rise to the revocation of the authorisation or general authorisation by their conduct, in particular by significant or repeated Breaches of the provisions of this Act or of the legal orders issued under this Act, or against the provisions and orders of the supervisory authorities based thereon or against the provisions of the Treaty on the Approval or general admission or non-compliance with subsequent conditions,
3.
the revocation of a retrospective, in the approved installation
() The provisions of paragraphs 1 and 2 shall apply in accordance with the provisions of the third sentence of Article 17 (1) of this Regulation.(4) If the country has to pay compensation, the Federal Government or any other country shall be obliged, in accordance with its interest arising from the general situation, to compensate for the withdrawal or revocation of that country. The same shall apply if the Federal Government has to pay compensation. Non-official table of contents

§ 19 State supervision

(1) The handling and transport of radioactive materials, the establishment, operation and possession of radioactive materials of installations of the type referred to in Articles 7 and 11 (1) (2), the handling and transport of installations, equipment and devices of the type referred to in Article 11 (1) (3), the transport of such substances, installations, equipment and devices, the Purpose-directed addition of radioactive substances and the activation of substances, insofar as they are subject to requirements under this Act or by means of a legal regulation under this Act, as well as work pursuant to Article 11 (1) No. government 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 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 decision on the approval, to the Federal Ministry of the Interior , to the extent that this is necessary for the performance of the duties of the Federal Criminal Police Office in the prosecution of criminal offences in the field of foreign trade; the transmitted information may, unless otherwise provided by law, only shall be used for the purpose for which they have been transmitted.(2) The officers of the supervisory authority and the experts assigned by it in accordance with § 20 or the agents of other associated authorities shall be entitled to places where radioactive substances, installations of the substances in accordance with § § 7 and 11 (1) No. 2 (b) the type or equipment referred to in Article 11 (1) (3), or any other means of radiation originating from it, or places where these conditions may be accepted, at any time, enter and carry out all the tests necessary for the performance of their duties. They may request the necessary information from the persons responsible or employed there. In addition, Section 36 of the Product Safety Act applies accordingly. The fundamental right of Article 13 of the Basic Law on the Inviolability of the Apartment is restricted in so far as it is contrary to those powers.(3) The supervisory authority may order that a state which is subject to the provisions of this Act or of the legal regulations adopted pursuant to this Act, the provisions of the Treaty concerning the approval or general authorisation, shall be disposed of. or a retrospected condition, or from which the effects of ionizing radiation can endanger life, health or property. In particular, you can order
1.
that and what protection measures to take,
2.
that radioactive substances are kept 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) as well as the handling of installations, equipment and devices of the kind referred to in § 11 (1) (3), or where a
(4) The supervisory powers under other legislation and the general provisions arising from the national law Powers shall remain unaffected.(5) Paragraphs 1 to 4 shall apply mutatily to installations established by third parties in accordance with Section 9a (3) sentence 3. Non-official table of contents

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

(1) Anyone who has an asset to split Nuclear fuel for the commercial production of electricity has to carry out a safety inspection and evaluation of the plant and on the basis of which the nuclear safety of the plant continuously improve. The results of the security screening and evaluation shall be up to the date referred to in Annex 4 to this Act, to the extent that this date has been set out in the 27. The Supervisory Authority shall be submitted to the Supervisory Authority in April 2002. Every ten years after the date referred to in Annex 4, the results of a renewed safety review and evaluation shall be submitted.(2) The obligation to submit the results of a safety review and assessment shall not be required if the marketing authorisation holder and the approval authority declare that they are responsible for the performance of the plant at the latest. three years after the dates set out in Annex 4. The entitlement to the performance of the asset shall be issued at the time it has been designated in its declaration after sentence 1. In the case of the third sentence of paragraph 1, the provisions of sentences 1 and 2 shall apply accordingly.(3) Anyone operating another nuclear installation pursuant to Article 2 (3a) (1) shall carry out a review and evaluation of the nuclear safety of the plant in question every ten years and shall continuously monitor 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 to prevent accidents and mitigate the consequences of accidents, including the review of physical barriers and the administrative burden on the Protection measures of the marketing authorisation holder, which 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 scope of the review and evaluation by the marketing authorisation holder. Non-official table of contents

§ 20 experts

In the approval and supervision procedures under this law and the law of this law. , the competent authorities may be granted expert advice by the competent authorities. § 36 of the Product Safety Act shall apply accordingly. Unofficial Table Of Contents

§ 21 Costs

(1) Costs (Fees and Expenses) are collected
1.
for decisions on requests by § § 4, 6, 7, 7a, 9, 9a, and 9b;
2.
for committing in accordance with § 4b (1) sentence 2 and § 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 according to § Article 18 (2) does not provide any obligation to pay compensation, and for decisions pursuant to section 19 (3);
3.
for the state preservation of nuclear fuel in accordance with § 5 paragraph 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 Aeronautics Federal Office, insofar as it is competent pursuant to § 23b,
4a.
for decisions pursuant to § § 9d to 9g;
5.
for the other oversight measures according to § 19;
6.
for the examination of the results of the safety review and evaluation in accordance with § 19a paragraph 1 as well as for the examination of the results of the review and evaluation according to § 19a paragraph 3.
(1a) In the cases
1.
of the withdrawal or withdrawal of any of the following: Official act, provided that the person concerned has to represent this and is not already charged pursuant to paragraph 1,
2.
the rejection of an application for the acceptance of an application in accordance with (1), for reasons other than the incompetence of the authority,
3.
the withdrawal of an application for the purpose of taking a decision referred to in paragraph 1 Official act after commencement of factual processing, but before termination thereof,
4.
the complete or partial rejection or withdrawal of a Opposition to
a)
an official act referred to in paragraph 1, or
b)
a cost decision as determined in accordance with paragraph 1 in conjunction with the legal decree issued under paragraph
be charged. 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 sentence 1 (3), up to three quarters of the fee to be fixed for the official act, and in the cases referred to in Cases in the first sentence of sentence 1 (4) (b) up to the sum of 10 of the hundred of the contested contribution shall be fixed. No fees will be charged for decisions on applications pursuant to § 6, which are made pursuant to the obligation pursuant to Section 9a (2a).(2) Compensation for experts shall be refunded as expenses in so far as they are limited to amounts which, taking into account the required technical knowledge and particular difficulties of the evaluation, examination and investigation, are to be reimbursed as In return for the work of the expert.(3) The further details will be provided in accordance with the principles of the Administrative Costing Act (Administrative Cost Act) in the up to 14 years. The draft regulation is in force in August 2013. In this case, the chargeable event shall be determined in more detail and the fees shall be determined by fixed rates, framework rates or 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 the economic value or of the other benefits for the charge debtor are duly taken into account. The Regulation may exempt the Federal Office for Radiation Protection and the obligation to pay fees for the official acts of certain authorities by way of derogation from § 8 of the Administrative Covenants Act (Administrative Covenants Act) in the up to 14. The current version will be governed by the current version. The period of limitation of the cost liability may vary from § 20 of the Administrative Cost Act in the period up to 14. The amended version will be renewed in August 2013. It may be determined that the Regulation should also apply to the administrative procedures pending before the date of its entry into force, in so far as the costs are not already fixed at that date.(4) The expenditure on protective measures and medical examinations carried out pursuant to this Act or by a decree law adopted pursuant to this Act shall be borne by those who, under this law or under this law, are required to: is required or is required to indicate the activity to which the protection measure or the medical examination is required.(5) In addition, in the execution of this law and of legal orders issued pursuant to section 7 (4) sentence 3 and paragraph 5, section 7a (2) and § § 10 to 12, the state authorities shall apply the national legal provisions, subject to paragraph 2. Cost rules. Unofficial table of contents

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

(1) For use In accordance with Section 9a (3), costs (fees and expenses) shall be levied on the costs of the 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 can be found in accordance with § § 11, 12, 13 para. 2, § § 14 and 16 to 22 of the Administrative Costs Act (Administrative Costs Act) in the up to 14. August 2013 shall apply unless otherwise specified in the Legal Regulation referred to in paragraph 2. Moreover, 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 a legal regulation, the chargeable facts referred to in paragraph 1 may be determined in more detail and fixed rates or framework rates may be provided for. 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 the Federal Government's investments, as well as advance payments pursuant to section 21b (2) of the German Federal Government, may be subject to the following conditions: shall be included. They are to be seduced to the federal government.(3) The Landessammelstellen (Landessammelstellen) may charge a fee for use in lieu of costs in accordance with a user order. The calculation of the remuneration shall take account of the principles of assessment as set out in paragraph 2. Non-official table of contents

§ 21b Contributions

(1) To cover the necessary effort for the planning, acquisition of land and rights, the plant-related research and development, exploration, maintenance of land and facilities, as well as, the establishment, expansion and renewal of federal plants pursuant to Section 9a (3) shall be provided by the person who has an advantage by the possibility of using these facilities for the orderly disposal of radioactive waste in accordance with Article 9a (1) sentence 1, contributions are collected. The necessary expenditure shall also include the value of the property and rights provided by the assets of the institution of the facility at the time of provision.(2) From the person who submitted an application for a permit pursuant to § § 6, 7 or 9 or to the provisions of a regulation on the handling of radioactive substances and the production of ionizing radiation pursuant to the provisions of this Act , advance payments may be required for the contribution if the implementation of a measure referred to in the first sentence of paragraph 1 has been initiated.(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 incurred.(4) Contributions or advance payments already raised, in so far as they have been collected for the purpose of covering expenses incurred, shall not be reimbursed if an installation of the Federation pursuant to Section 9a (3) is definitively not established or is operated or if the Contribution or prepayment obligations do not take the advantage of the first sentence of paragraph 1.

Third Section
Managing Authorities

unofficial table of contents

§ 22 jurisdiction for transboundary movements and their monitoring

(1) On applications for approval pursuant to § 3 as well as on withdrawal The Federal Office of Economics and Export Control (BAFA) shall decide on the withdrawal of a granted permit. The same shall apply in so far as the legal regulations on the basis of § 11 provide for the requirement for authorisations and consents and for the examination of advertisements for cross-border shipments.(2) The supervision of transboundary movements is 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 provisions on other legislation It is bound by the technical instructions of the Federal Ministry responsible for nuclear safety and radiation protection. Non-official table of contents

§ 23 Jurisdiction of the Federal Office for Radiation Protection

(1) The Federal Office for Radiation Protection is responsible for
1.
the state's safekeeping of nuclear fuel including the adoption of decisions pursuant to § 5 (7) sentence 1,
2.
the establishment and operation of federal installations for the purpose of securing and disposal of radioactive waste and for the Asse II shaft system, the transfer of duties by the Federal Government to third parties and the supervision of these third parties in accordance with Section 9a (3) sentence 3 as well as the supervision pursuant to Article 19 (5),
2a.
(omitted)
3.
the approval of the transport of nuclear fuel and Major sources,
4.
permission to store nuclear fuel outside of the state's custody, insofar as this is not preparation or part of a nuclear fuel, according to § 7 or § § § 7. 9 is in need of approval, and
4a.
(omitted)
5.
the withdrawal or the Revocation of the authorisations referred to in points 3, 4,
6.
the establishment and management of a register of exposures of radiation exposures to a person who is exposed to radiation Persons,
7.
the establishment and management of a register for the Ethics Committee within the meaning of Section 12 (1) sentence 1 No. 3a, their registration and the revocation of the Registration,
8.
the identification, creation and publication of diagnostic reference values, the determination of the medical radiation exposure of persons and the surveys required for this purpose pursuant to a regulation pursuant to § 12 (1) sentence 1 (3b),
9.
the receipt and publication of information in accordance with § 7 1c,
10.
Decisions pursuant to Section 9a (2) sentence 4,
11.
the establishment and the management 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 item.(3) In a legal regulation, it may be determined that the Federal Office of Radiation Protection is responsible for
1.
the approval for the application of radioactive substances or ionizing radiation to the person in medical research,
2.
the approval of the type of equipment, equipment, or other devices of the type referred to in § 11 para. 1 no. 3,
3.
the management and allocation of identification numbers for highly radioactive sources.
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§ 23a Jurisdiction of the Federal Administration Office

The Federal Administration Office is responsible for decisions pursuant to § § 9d to 9g. Non-official table of contents

§ 23b Responsibility of the Federal Aviation Office

The Federal Aviation Office is responsible for monitoring compliance with the In accordance with a regulation adopted pursuant to this Act, requirements for protection against exposure to radiation of persons by cosmic radiation in the operation of aircraft are laid down. 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. Non-official table of contents

§ 23c Competence of the Federal Network Agency

The Federal Network Agency is responsible for decisions pursuant to § 7 (1e) sentence 1 Responsible. Non-official table of contents

§ 23d Jurisdiction of the Federal Office for Nuclear Disposal

The Federal Office for Nuclear Disposal is the Federal Office for Nuclear Disposal responsible for
1.
the planning and approval pursuant to § 9b and its repeal,
2.
the granting of the bergrechtlichen approvals and other necessary bergrechtlicher permits and permits in the case of approval procedures in accordance with § 9b for the establishment, the operation and the decommissioning of federal plants for the purpose of freezing and disposal in accordance with Section 9a (3) in consultation with the competent mountain authority of the respective country,
3.
Supervision in accordance with § § 69 to 74 of the Bundesberggesetz (Federal Mining Act) on federal plants for the purpose of securing and disposal in accordance with § 9a (3) and
4)
4.
water-related authorisations or permits in the case of approval procedures in accordance with § 9b of the Federal Government's annexes to freezing and disposal in accordance with § 9a (3) in consultation with the competent water authority.
In cases where the site is located The jurisdiction rules of the first sentence shall not apply until after this final decision on the location, according to the Law on the Selection of the Site. Non-official table of contents

§ 24 jurisdiction of the state authorities

(1) The other administrative tasks after the second section and the The Federal Republic of Germany is responsible for the implementation by the Länder of the laws of the Federal Republic of Germany. 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 Railway Authority; this does not apply to the transport of radioactive substances by non-federal Railways, if the traffic is carried out exclusively by rail tracks of these railways. The second sentence shall also apply to the approval of such promotions, in so far as there is no jurisdiction in accordance with § 23.(2) For authorisations pursuant to § § 7, 7a and 9 as well as their revocation and revocation, the supreme state authorities designated by the provincial governments are 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) For the Division of the Federal Ministry of Defence, the responsibilities referred to in paragraphs 1 and 2 shall be carried out by this Federal Ministry or the departments designated by it in consultation with the competent authority for nuclear technical Security and the Federal Ministry responsible for 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. Non-official table of contents

§ 24a Information transmission

The federal ministry responsible for nuclear safety and radiation protection information contained in the nuclear authorisations of the competent authorities in accordance with § § 22 to 24 (holders, legal bases, essential content) may be provided to the top federal authorities responsible for external trade 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. Non-official table of contents

§ 24b Self-assessment and international audit

The goal of continuous improvement of nuclear safety
1.
is responsible for the federal ministry responsible for nuclear safety and radiation protection. Self-assessment of the law, enforcement and organisational framework for nuclear safety of nuclear installations and the relevant authorities ' trade;
2.
The German Federal Ministry for Nuclear Safety and Radiation Protection is inviting international experts to consider appropriate segments of the law, law enforcement and law enforcement system. The organisational framework for the nuclear safety of nuclear installations and the relevant participating competent authorities; the results of the audit shall report on the relevant nuclear safety and radiation protection systems. Federal Ministry of the Member States of the European Union and the European Commission, as soon as these results are available.
The measures set out in the first sentence shall be at least every ten years.

Fourth Section
Disclaimer

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§ 25 Liability for Core Assets

(1) Is based on damage on a of a nuclear facility, the provisions of this Act shall apply to the liability of the holder of the nuclear installation in addition to the provisions of the Paris Convention and of the Common Protocol. The Paris Convention is to be applied to the Federal Republic of Germany independently of its obligation of international law, unless its rules are reciprocated by the entry into force of the Convention .(2) Where, in the case of the transport of nuclear materials, including the associated storage of the carriers by contract, the liability shall be taken over, in place of the holder, of a nuclear installation situated within the scope of this Act, it shall be deemed to be: Owner of a nuclear facility from the date of the liability takeover. 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 has declared its consent to the Authority.(3) The provisions of Article 9 of the Paris Convention on the exclusion of liability in the event of damage based on nuclear events, which are directly related to acts of armed conflict, hostilities, civil war, Insurrecency or a serious natural disaster of an exceptional nature is 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 level 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 attributable to nuclear materials referred to in Appendix 2 to this Act. Non-official table of contents

§ 25a Liability for Reactor Vessels

(1) The liability of the owner of a reactor vessel shall be subject to the provisions of this Regulation. Section with the following application:
1.
To replace the provisions of the Parisian The Convention is based on the relevant provisions of the Brussels Reactor Ship Convention (BGBl. 1975 II p. 977). This is to be applied to the Federal Republic of Germany independently of its obligation under international law, unless its rules are reciprocated by the entry into force of the Convention.
2.
If the damage occurs in another State, Section 31 (1) shall apply with respect to the maximum amount of the Brussels Reactor Ship Convention -only if the law of that State, at the time of the nuclear event, is subject to an equivalent arrangement of the liability of the holders of the liability of the holders of the Reactor vessels. § 31 para. 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 reactor vessels that are not authorized to run the federal flag, this section applies only if nuclear damage caused by the reactor ship is within the scope of this
5.
For claims for damages, the courts of the State whose flag the reactor vessel is entitled to fly shall be responsible; in the cases the Court of the place shall also be responsible for the jurisdiction of the place in which the nuclear damage occurred.
(2) Insofar as international agreements on liability for reactor vessels are subject to non-binding provisions , they shall take precedence over the provisions of this Act. Non-official table of contents

§ 26 Liability in other cases

(1) In other cases than the one in the Paris Convention, in conjunction with the provisions of section 25 (1) 1 to 4 by the effect of a nuclear fission or the radiation of a radioactive substance or by the effect of ionizing radiation originating from a plant for the production of ionizing radiation, or if the body or the health of another person is injured or a cause is damaged, the owner of the substance, radioactive substance or plant concerned by the nuclear fission, shall be obliged to produce ionizing radiation which is 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 have not been able to avoid, even in the event of the use of any care provided in the circumstances. and that is not based on an error in the nature of the protective facilities or on a failure of their directions.(1a) Paragraph 1, second sentence, shall not apply to damage caused by radioactive substances arising from the application of the Paris Convention, the Brussels Reactor Convention or the Vienna Convention in conjunction with the Joint Convention Protocol to the definitions of nuclear fuels and radioactive products and waste of these Conventions would be covered.(2) Paragraph 1 shall apply in cases where damage to the species referred to in paragraph 1 is caused by the effect of a nuclear unification operation.(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 entitled to possession under this law or under a decree law issued pursuant to this Act is.(4) The provisions of paragraphs 1 to 3 do not apply,
1.
if the radioactive substances or the plants for the production of ionizing 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 substances or equipment used for production Ionizing radiation as well as the necessary measuring instruments according to the regulations of a legal regulation comply with the applicable requirements of the Medical Devices Act or, insofar as these are lacking, corresponding to the respective state of science and technology , and the damage is not due to the fact that the substances, installations for the production of ionizing radiation or measuring instruments have not been maintained or have not been adequately maintained,
2.
if there is a legal relationship between the owner and the injured person, on the basis of which the latter is the one from the substance or the plant to produce ionizing radiation (
)
1, second sentence, 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 ionising 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 not a sufficient probability of a causal relationship.(6) In accordance with the provisions of paragraphs 1 to 3, it is not liable to be liable for the transport of the substances for another. As long as the consignee has not taken over the substances, the obligation to replace them shall be subject to the obligation to replace the sender, irrespective of whether he or she is the owner of the substances.(7) In the scope of the first sentence of paragraph 1, the provisions of paragraph 1 shall remain unaffected by the fact that the holder referred to in that paragraph and the persons referred to in paragraph 3 shall continue to be liable to the extent to which he or she is the subject of the provisions of this Act; or that another person is responsible for the damage. Non-official table of contents

§ 27 Cooperative fault of the injured person

If the loss was incurred, the injured person was guilty of a fault, such § 254 of the Civil Code applies; in the event of damage to a case, the fault of the person who exercises the actual violence on them is the same as the fault of the injured person. Non-official table of contents

§ 28 Scope of damages in the event of death

(1) In the case of the killing, the damages shall be replaced by the costs of a to the recovery and to the financial disadvantage suffered as a result of the loss or loss of earning capacity during the illness, the increase in the number of his or her needs, or the difficulty of continuing his/her progress. was. In addition, the person liable for replacement shall reimburse the costs of the funeral to the person responsible for carrying out the obligation to bear such costs.(2) Status of the killed at the time of the breach to a third party in a ratio which he was able to provide to the third party or could be subject to maintenance obligations under the law, and is the right to the third party as a result of the killing. To the extent that it has been withdrawn, the person liable to pay has to pay compensation to the third party in so far as the person who has been killed would have been obliged to provide the assistance during the presumed period of his life. The replacement obligation occurs even if the third party was created at the time of the injury, but was not yet born. Non-official table of contents

§ 29 Scope of damages in the event of bodily injury

(1) In case of injury to the body or health, the Compensation for compensation of the costs of the healing and of the property disadvantage suffered by the injured person in that, as a result of the injury, his earning capacity is temporarily or permanently cancelled or reduced, a multiplication of his or her capacity shall be provided for in the event of a loss of It has become more difficult or difficult to continue.(2) Due to the damage, which is not property damage, a cheap compensation in money can also be requested. Non-official table of contents

§ 30 Geldrente

(1) The damages due to the cancellation or reduction of the earning capacity, because of the increase in the It is necessary for the future to pay a financial claim for the future, or for the continuation of the injured person, as well as the compensation to be granted to a third party pursuant to section 28 (2) of this Regulation.(2) The provisions of Section 843 (2) to (4) of the Civil Code shall apply mutas to the provisions of the Civil Code.(3) If, in the case of the sentencing of the pledge to pay a pension, it has not been recognised for security, the beneficiary may nevertheless require a guarantee of security if the financial circumstances of the pledge have been substantially , subject to the same condition, it may require an increase in the security specified in the judgment. Non-official table of contents

§ 31 limits of liability

(1) The liability of the holder of a nuclear facility under the Paris Agreement in conjunction with § 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 of Section 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, at the time of the nuclear event in relation to the Federal Republic of Germany, shall apply one of the provisions of paragraph 1 by type, extent and level of equivalent arrangements. Moreover, in the event of damage to another State, the liability of the holder of a nuclear installation shall be limited to the amount which the other State shall be liable for at the time of the nuclear event, including 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 under the Brussels Supplemental Agreement.(2a) Paragraph 2 shall also apply to the liability of the holder of a radioactive substance in the cases referred to in Article 26 (1a).(3) The liability under 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) or the pursuant to § 26 liable for damages shall be liable in the event of damage to property only up to the level of the common value of the damaged item plus the costs of securing 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. Non-official table of contents

§ 32 Statute of limitations

(1) The claims for damages based on this section shall be served in three years ' time by the The date on which the person entitled to a replacement was or should have gained knowledge of the damage and the person of the substitute, without regard to it in thirty years ' time of the harmful event.(2) In the cases referred to in Article 8 (b) of the Paris Convention, a limitation period of twenty years from theft, loss, transfer or possession shall be replaced by the thirty-year limitation period referred to in paragraph 1.(3) Claims pursuant to the Paris Convention, which are brought to court within ten years after the nuclear event against the owner of the nuclear facility for the purpose of killing or violating a person, shall take precedence over claims, which shall be levied at the end of this period.(4) The period of limitation shall be inhibited until such time as one or the other part refuses to continue the negotiations between the liable party and the substitute authorized to negotiate the compensation to be paid.(5) In addition, the provisions of the Civil Code shall apply to the statute of limitations. Non-official table of contents

§ 33 Multiple polluters

(1) Are for damage caused by a nuclear event or otherwise by the The effect of a nuclear fission or the radiation of a radioactive substance or the effect of ionizing radiation from an accelerator is caused by a number of a third party under the obligation of law to pay damages, They shall be liable to the third party as the total debtor, unless otherwise provided for in Article 5 (d) of the Paris Convention.(2) In the cases referred to in paragraph 1, the obligation to replace the circumstances, in proportion to each other, depends on the circumstances, in particular on the extent to which the damage was mainly caused by one or the other part, provided that: it does not result from Article 5 (d) of the Paris Convention. 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). Non-official table of contents

§ 34 exemption obligation

(1) Have legal status as a result of the effects of a nuclear event Claims for damages by the holder of a nuclear installation situated within the scope of this Act in accordance with the provisions of the Paris Convention in conjunction with Section 25 (1) to (4) and the Paris Convention and the Joint Protocol in connection with Section 25 (1) to (4) or in the case of the law of a foreign State applicable in the event of a claim or in the cases of Section 26 (1a), the Federal Government has the holder of the nuclear installation or the owner of radioactive substances of To exempt claims for damages, in so far as 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 compensation obligations are covered by the security cover and can be fulfilled from it.(2) If, after the occurrence of a harmful event, a use of the exemption obligation is to be expected, the holder of the nuclear facility or the owner of a radioactive substance shall be obliged to: style="font-weight:normal; font-style:normal; text-decoration:none; ">
1.
the federal government designated by the federal government immediately ,
2.
immediately notify the competent Federal Ministry of any claims for damages or initiated investigation proceedings, and to
3.
for out-of-court or judicial review of the facts and the legal assessment of the facts.
3.
Negotiations on the claims for compensation for damages in accordance with the instructions of the Federal Ministry responsible for nuclear safety and radiation protection,
4.
Do not accept or satisfy a claim for damages without the approval of the Federal Ministry responsible for nuclear safety and radiation protection, it is (
) By the way, the exemption obligation is based on § § 83 and 87 and the provisions of Part 2, Chapter 1, of the Insurance contract law with the exception of § § 103 and 118 corresponding application, without the fact that a direct claim in the sense of § 115 of the Insurance Contract Law is justified against the pledge to be exempted. Non-official table of contents

§ 35 Distribution procedure

(1) It is to be expected that the statutory claims for damages from a In the event of an event of damage exceeding the funds available for the performance of the claims for damages, its distribution as well as the proceedings to be observed shall be determined by law until such time as the adoption of such a law by means of a law ,(2) The legal regulation referred to in paragraph 1 may, by means of the distribution of the funds available for the fulfilment of statutory claims for damages, only apply those provisions which are necessary for the purpose of wasting of emergency situations. 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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§ 37 recourse to exemption

(1) If the owner 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 installation or against the owner of a radioactive substance at the level of the services provided shall be taken back as far as
1.
this is a violation of the obligations arising from § 34 (2) or (3); however, the recourse is excluded in so far as the breach has no influence on the determination of the The damage has still to be determined or the extent of the services provided;
2.
this or, if it is a legal person, his/her/her/her/her/her/her/her/her/her/her/her Legal representative in the execution of the directions he is responsible for causing the damage intentionally or grossly negligently;
3.
the services have been provided (2) The owner of the nuclear facility or the owner of a radioactive substance may not be able to comply with the provisions of paragraph 1.
He or she is not a German and has his registered office, residence or permanent residence in a State which is not a State Party to the Treaties on the European Communities or to the Paris Convention. of the Vienna Convention, in conjunction with the Joint Protocol, another Convention with the Federal Republic of Germany, which is in force at the time of the harmful event, on liability for nuclear damage. Non-official table of contents

§ 38 Balance by the federal government

(1) A nuclear event has caused damage to the victim in the scope of the event. of this law, and in accordance with the law of another Contracting State of the Paris Convention or of the Vienna Convention in connection with the Common Protocol, which is applicable to the claim, it may not require a replacement, because
1.
the nuclear event in the territory of a non-contracting state of the Paris Convention or the Vienna Convention in conjunction with the Common Protocol,
2.
the damage has been caused by a nuclear event that is directly attributable to the Acts of an armed conflict, hostilities, civil war, insurrection, or a serious natural disaster of an exceptional nature,
3.
the applicable law is not liable for damage to the means of transport on which the nuclear materials were at the time of the nuclear event, not ,
4.
the applicable law does not provide for the holder's liability if the damage is caused by the ionizing radiation of another in the nuclear plant
5.
the applicable law provides for a shorter period of limitation or exclusion than this law, or
6.
the funds available for damages will be left behind the maximum amount of the state exemption obligation,
the federal government grants up to the maximum amount the State exemption obligation to compensate.(2) The Federal Government shall also compensate for the maximum amount of the State exemption obligation if the foreign law applicable to the damage suffered in the scope of this Act or the provisions of a In accordance with the provisions of international law, grant claims which, according to the nature, extent and extent of the replacement, remain substantially behind the damages which would have been attributed to the injured party in the application of this law, or if the Legal proceedings in the State on whose territory the harmful event has been deemed to be hopeless.(3) Paragraphs 1 and 2 shall not apply to injured parties who are not Germans within the meaning of Article 116 (1) of the Basic Law and who do not have their habitual residence within the scope of this Act, in so far as the home state is The date of the nuclear event in relation to the Federal Republic of Germany did not ensure a regulation equivalent to the nature, extent and level of the event.(4) Claims in accordance with paragraphs 1 and 2 shall be submitted to the Federal Administrative 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 referred to in the paragraph 2 is hopeless. Non-official table of contents

§ 39 Exceptions to federal government services

(1) In the case of the exemption obligation pursuant to § 34 and the compensation pursuant to § 38 the subordinated claims to be satisfied in accordance with § 15 (1) and (2) shall not be taken into consideration.(2) Compensation pursuant to section 29 (2) shall be included in the exemption obligation pursuant to § 34 and the compensation in accordance with § 38 only if the performance of compensation is due to the particular gravity of the injury to avoid a rough Untiredness is required. Non-official table of contents

§ 40 actions against the holder of a nuclear facility located in another Contracting State

(1) Provisions of the Paris Convention a court of jurisdiction within the scope of this Act for the decision on the action for damages against the holder of a nuclear facility situated in another State Party to the Paris Convention, such shall determine the liability of the holder in accordance with the provisions of this Act.(2) By way of derogation from paragraph 1, the law of the Contracting State in which the nuclear installation is situated shall determine
1.
who is to be considered to be the owner,
2.
whether the owner's replacement obligation is also related 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 for damage to the means of transport is where the nuclear materials at the time of the nuclear event are located,
5.
up to the maximum amount of the holder,
6.
after which period of claim against the holder is barred or excluded,
7.
whether and to what extent a nuclear damage is being replaced in the cases of Article 9 of the Paris Convention.

Fifth Section
Bußmonetary Regulations

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§ § 41 to 45 (omitted)

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§ 46 Irregularities

(1) is an administrative offence, who intentionally or negligently
1.
Core materials promoted without having proven the financial security required under Section 4b (1) sentence 1 or 2,
2.
Plants for production or processing or for the splitting of nuclear fuels or for the processing of irradiated nuclear fuels without which according to § 7 (1) sentence 1, also established in conjunction with paragraph 5, sentence 1, required approval,
2a.
contrary to § 7, paragraph 1a, sentence 4, a measuring device used,
2b.
contrary to § 7 para. 1a sentence 5, a measuring device not, not correct or not in good time, does not connect correctly or not in time, does not handle or does not handle correctly
2c.
contrary to § 7 (1a) sentence 7, the condition of the measuring instrument or the amount of electricity generated is not or not in good time
2d.
contrary to § 7 (1c) sentence 1, no. 1 or 2 or 2 sentence 2, a communication is not correct, not correct, not correct, not correct, not correct is complete or not timely, not correct, not complete or not in good time, or does not present a result or test, or does not submit it in time,
2e.
contrary to § 7 para. 1c sentence 1 no. 3, a notice is not, not correct, not complete or not timely,
3.
a fixing according to § 13 para. 1, a fully-enforceable edition in accordance with § 17 (1) sentence 2 or 3 or an enforceable order pursuant to § 19 para. 3,
4.
a legal regulation pursuant to § 11 para. 1, § 12 (1) sentence 1 no. 1 to 7a, 9 to 11 or 12 or § 12d para. 6 no. 2 or a legal regulation pursuant to § 12 para. 1 sentence 1 no. 13 in so far as the legal regulation refers to that fine for a particular event,
5.
contrary to § 4. Sentence 1 of paragraph 5, the certificate 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) The Offence of Illegality in the cases referred to in paragraph 1 (1), (2), (2a), (2b), (2c), (2), (3) and (4), a fine of up to EUR 50 000 may be punished, in the case of paragraph 1 (2d) and (5), with a fine of up to five hundred euro.(3) The administrative authority within the meaning of Section 36 (1) (1) of the Code of Administrative Offences is
1.
Federal export office in the cases referred to in paragraph 1 (4), in so far as it relates to infringements of an authorisation, display or other obligation to provide information pursuant to section 11 (1) (1) or (6) in the case of transboundary movements of radioactive materials The
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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§ 49 confiscation

If an intentional breach of order has been committed in accordance with § 46 para. 1 no. 1, 2, 3 or 4, then items,
1.
which refers to the lack of regularity or
2.
used to commit or prepare,
to be moved in. unofficial table of contents

§ § 50 to 52 (omitted)

sixth section
final rules

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§ 53 Collection of damage caused by unexplained cause

damage, according to the state of the scientific Knowledge of the effects of radiation of radioactive substances and their polluter cannot be detected, must be registered with the Federal Ministry responsible for nuclear safety and radiation protection and to under investigation. Non-official table of contents

§ 54 Decree of legal regulations

(1) Legal orders pursuant to § § 2, 9g, 11, 12, 12b, 12c, 12d, 13, 21 para. 3, § § § § § § § § § § 2, 9g, 11, 12, 12, 12, 12, 12, 12 The Federal Government shall adopt the provisions of Article 21a (2), section 21b (3) and (3) (3). 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 Act shall be the responsibility of the Federal Minister responsible for nuclear safety and radiation protection.(2) The legal regulations require the approval of the Federal Council. 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, in whole or in part, transfer the appropriations referred to in § § 11 and 12 to the Federal Minister responsible for nuclear safety and radiation protection by means of a decree-law. unofficial table of contents

§ 55 (repeal of legislation)

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§ 56 Approvals on the land right

(1) The permits, exemptions and consents for the establishment and operation granted on the basis of national law 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 shall be the same as the requirements laid down in section 17 (1). Subject to the provisions of paragraph 2, where provisions relating to the provisions relating to the compliance with statutory claims for damages are linked to the provisions of the national law, they shall be deemed to be fixed in the sense of Article 13 (1).(2) The management authority (Section 24 (2)) shall determine the financial security to be applied by the holder of the installation within three months of the date of entry into force of the law; § 13 (1) sentence 2 of the last 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. Non-official table of contents

§ 57 Boundaries

The use of nuclear fuel is subject to the Explosives Act and the law on the use of nuclear fuel. laws and regulations in the field of explosives are not applicable. Non-official table of contents

§ 57a transfer rule from the occasion of the production of the unit of Germany

(1) For up to 30 years The authorisations, permits and authorisations granted in the territory referred to in Article 3 of the Agreement shall apply as follows:
1.
Approvals and permits for nuclear power plants will be carried out at the end of the 30th June 1995, for the transport of radioactive substances at the end of the 30. All other authorisations, authorisations and authorisations, with the exception of the authorisations, licences and authorisations referred to in point 4, shall be issued in June 1992, with the expiry of the 30. The authorisations, authorisations, permits and authorisations shall be deemed to have been granted in accordance with the relevant authorisations, licences and authorisations subject to the conditions laid down in the relevant provisions of the Directive. The provisions of this Act and the regulations adopted pursuant to this Act shall continue. An authorisation to substantially alter an installation or its operation within the meaning of Article 7 (1) shall be without prejudice to an authorisation in accordance with the first sentence in so far as the authorisation relates to parts of the installation which are not affected by the amendment
2.
On the basis of point 1, the authorisation holder shall not apply if the marketing authorisation holder is a legal entity to which the law applies. Privatization and reorganization of the assets of the German Democratic Republic (Treuhandgesetz) of 17. June 1990 (GBl. 300).
3.
In the case of the conversion of legal entities under the trust law of the German Democratic Republic, the licences issued shall be subject to the following conditions: (a) the authorisations and authorisations for the period referred to in point 1, in so far as an order of repayment has not yet been made at the date of accession; the competent authority shall, in due time, have to check whether the new Holders of organisational measures and the provision of factual and personal means ensure the continuation of the establishment and operation of the plant or the activity. § 18 does not apply.
4.
The approvals, permits and authorisations for the acceptance of other radioactive waste or for its storage for the purpose of Final storage or for the acceptance of other nuclear fuels or other radioactive substances for storage or storage purposes
a)
to accept other radioactive waste or to store it for the purpose of disposal or
b)
for the adoption of other nuclear fuels or other radioactive materials for storage or storage purposes
will be done with the 27. These authorisations, licences or authorisations shall continue to exist 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 instructions in accordance with the provisions of this Act.
(2) Transport of radioactive substances which have so far been carried out in the context of the provisions of Article 3 of the Agreement. In the case of a non-authorised area, the following shall apply from 1. July 1992, the provisions of this Act and the legal regulations adopted pursuant to this Act. Non-official table of contents

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

(1) For the operation and decommissioning of the Asse II shaft system shall apply in accordance with the conditions laid down in paragraphs 2 to 8 for the Federal Government's annexes in accordance with Article 9a (3).(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 the 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), which was last amended by Article 5 (7) of the Law of 24 December 2002. February 2012 (BGBl. 212), it has not been complied with or that the mining safety can no longer be guaranteed. 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 Regulation of 20 July 2001 (BGBl. I p. 1714; 2002 I p. 1459), which was last amended by Article 5 (7) of the Law of 24 December 2002. February 2012 (BGBl. 212) may not be exceeded, without prejudice to the rules set out in sentence 6, for the general public and for persons exposed to radiation.(3) The handling of radioactive substances shall be subject to approval in accordance with the provisions of this Act or of the Radiation Protection Ordinance (§ 19 in conjunction with § 24), to the extent that a planning determination decision for decommissioning is required for the decommissioning of the decision. no application. 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 Ordinance 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 this is not the case. , the decision on the authorisation shall be taken in consultation with the competent authority in accordance with the other legislation. An application for the authorisation set out in the first sentence or the third sentence shall be decided without delay after receipt of the application and the complete application documents, and no later than six months.(4) Where an environmental impact assessment under the Environmental Impact Assessment Act is required for the recovery and related disposal measures for the disposal of several authorisations referred to in the first sentence of paragraph 3, the environmental impact assessment may be required. Procedural steps of the environmental impact assessments shall be summarised, provided that this is relevant.(5) § 114 of the Radiation Protection Ordinance of 20. July 2001 (BGBl. I p. 1714; 2002 I p. 1459), which was last amended by Article 5 (7) of the Law of 24 December 2002. 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 is ten times the Annex III, Table 1, column 3 of the Radiation Protection Regulation does not exceed the limits of the provisions of Table 1, and
2.
The beginning of the processing, processing, storage or other By way of derogation from § 117 (16) of the Radiation Protection Regulation, the
-case planning value for the planning of retraction and decommissioning measures at the Asse II shaft system is subject to the following conditions: on the entry into force of general administrative provisions relating to the prevention of accidents in accordance with Article 50 (4) of the Radiation Protection Regulation by the approval authority in individual cases.(6) The costs for the continued operation and the decommissioning are borne by the Federal Government.(7) The granting of authorisations for the adoption of radioactive waste and the storage of such waste shall be inadmissible.(8) The Federal Office for Radiation Protection shall, within the limits of its competence pursuant to Section 23 (1) (2) for the Asse II shaft system, be entitled to security measures within the meaning of Article 19 (3); authorisations under this Act or by this Act Legal regulations adopted are not necessary in this respect.(9) In order to provide full information to the public on an Internet platform, the essential documents relating to the Asse II shaft system shall be published in accordance with Article 10 of the Environmental Information Law of 22 October 2008. December 2004 (BGBl. 3704). The essential documents shall include, in particular, instructions, recommendations and administrative provisions.(10) Paragraph 24, paragraph 2, in the version valid until the entry into force of this Act, shall continue to apply to the Asse II shaft system; § 23d shall not apply. Non-official table of contents

§ 58 Transitional provisions

(1) § 4 (2) No. 7, § 9a (2) sentences 3 to 5, and § 19a shall not apply to assets that are on the 27th of April. It is no longer possible to operate in April 2002. Section 9a (2) sentence 3 shall not apply to installations which are to be found on the 27th The Commission shall have sufficient interim storage facilities at the site approved in accordance with § 6 or § 7 of this Regulation.(2) § 5 (2) and (3) shall not apply to nuclear fuel, which shall be 27. It is already publicly held in April 2002, whose delivery to the competent authority of research institutions recognised as non-profit-making is before the 1. The Commission has announced that it will be notified in writing or its adoption before 1 May 2001 It was contractually agreed upon in May 2001. § 5 (2) and (3) shall apply to nuclear fuel from research institutions recognised as non-profit-making bodies. January 2003.(3) § 7c and § 23 (1) (4a) in the up to the 26. The administrative procedures pending before that date shall be applied further to the administrative procedure pending at that time.(4) Section 21 (1a) is also to be found on the 11. Administrative procedures pending before the end of May 2000, provided that the costs are not already fixed at that date.(5) § 12b in der bis zum 31. It will continue to apply to the administrative procedures pending before that date.(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) in the version valid until the date of entry into force of this Act shall apply until the grant of the Approval for commissioning by the supervision of nuclear power.(7) § 24 (2) in the up to the 26. The current administrative procedure for the decommissioning of the final disposal facility for radioactive waste Morsleben up to the date of completion of the planning decision and up to that date shall be valid for the period from July 2013 to the date of the date of the decision. Administrative procedures necessary for the modification of the permanent operating licence of 22. Section 23d of the first sentence of paragraph 2 to 4 shall not apply until the date of decommissioning of the decommissioning plan is fully enforceable. Non-official table of contents

§ 58a Transitional provision for environmental impact assessment

§ 2a is applicable only to projects to which the law applies. on the environmental impact assessment in the 3. It shall apply in force in August 2001. Non-official table of contents

§ 59 (Entry into force)

- unofficial table of contents

Appendix 1 Definitions according to § 2 para. 4

found site of the original text: BGBl. I 1985, 1583;
bzexcl. of the individual amendments, cf. Footnote (1) It means the terms:
1.
"Nuclear event": each one Damage caused or any number of such successive events of the same origin, provided that the event or series of events or the damage caused by the radioactive properties or a connection between the radioactive properties containing toxic, explosive or other hazardous properties of nuclear fuel or radioactive products or waste, or from any other source of radiation within the nuclear installation ionizing radiations or resulting therefrom;
2.
"Nuclear plant": reactors other than those that 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, factories for the processing of irradiated nuclear fuels; installations for the final disposal of nuclear materials; facilities for the storage of nuclear materials; Nuclear materials, other than the storage of such materials during transport; a nuclear installation may also consist of two or more core installations of a single holder situated on the same site, together with other installations this site, where radioactive materials are located;
3.
"Nuclear fuels": 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 wastes"; radioactive Materials produced or made radioactive by exposure to radiation associated with the process of the manufacture or use of nuclear fuels, other than
a)
nuclear fuel,
b)
radioisotopes outside a nuclear plant that have reached the final stage of manufacture, so that they are used for industrial, commercial, agricultural, medical, scientific
5.
"Nuclear materials": nuclear fuels (excluding natural and depleted uranium); and radioactive products and waste;
6.
"owner of a nuclear facility" means the person designated or considered by the competent authority to be the holder of such a nuclear installation
(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. Non-official table of contents

Asset 2 Detention And Cover Free Borders

site 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 shipping piece or
2.
in each operation or self-contained ' Branch operation, in the case of non-traders in the place where the applicant ' s activities are carried out
shall not exceed 10 (high) 5 times the limit and which, in the case of enriched uranium, contain no 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. Non-official table of contents

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

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

Asset electricity quantities from 1.1.2000 (TWh netto) Start of commercial
performance
Obrigheim 8.70 1. 4.1969
Stade  23,18 19. 5.1972
Biblis A  62,00 26. 2.1975
Neckarwestheim 1 57,35 1.12.1976
Biblis B 81,46 31. 1.1977
Brunsbüttel 47,67 9. 2.1977
Isar 1  78,35 21. 3.1979
Unterweser 117,98 6. 9.1979
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 6th, 1988
Neckarwestheim 2 236,04 15. 4.1989
Sum 2516, 06
Mülheim-Kärlich *) 107,25
Total 2623, 31
*)
The amount of electricity listed for the Mülheim-Kärlich nuclear power plant 107.25 TWh can be transferred to the Emsland, Neckarwestheim 2, Isar 2, Brokdorf and Gundremmingen B and C nuclear power plants.
Non-official Table of contents

Appendix 4 Security check in accordance with § 19a, paragraph 1

of the original text: BGBl. I 2002, 1357
Investment Date
Obrigheim 31.12.1998
Stade 31.12.2000
Biblis A 31.12.2001
Biblis B 31.12.2000
Neckarwestheim 1 31.12.2007
Brunsbüttel 30. 6.2001
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 231.12.2009