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Costs regulation to the Atomic Energy Act (AtKostV) AtKostV Ausfertigung date: 17.12.1981 full quotation: "cost regulation to the Atomic Energy Act of 17 December 1981 (BGBl. I S. 1457), most recently by article 2 paragraph 96 of the law of 7 August 2013 (BGBl. I p. 3154) is changed" stand: last amended by article 2 para 96 G v. 7.8.2013 3154 for details on the stand number you find in the menu see remarks footnote (+++ text detection from) : 23.12.1981 +++) input formula on the basis of § 21 para 3 in conjunction with § 54 of the Atomic Energy Act, as amended by the notice of October 31, 1976 (BGBl. I p. 3053), last amended by law of August 20, 1980 (BGBl. I p. 1556), the Federal Government with the consent of the Federal Council decreed: § 1 scope according to §§ 23, 23a, 23 b, 23d, and 24 of the nuclear law competent authorities raise costs (fees and expenses) according to § 21 of the Atomic Energy Act and this regulation. In addition, apply the provisions of the administrative costs act as amended by force until August 14, 2013.
§ 2 the fee the fee is 1 for decisions on applications for the establishment and operation of a plant according to § 7 of the nuclear energy Act to the a) fission of nuclear fuel 2 by the thousands to the cost of setting up, b) production or processing, or processing of nuclear fuel 4 by the thousands to the cost of setting up, c) reprocessing of irradiated nuclear fuel 0.3 to 1.7 per cent of the cost of setting up;
2. for decisions on applications for other permits according to § 7 of the nuclear energy Act and on applications according to Article 7a of the Atomic Energy Act of 500 to one million euros.
3. for decisions on applications pursuant to § 9 of the Atomic Energy Act 50 to 100,000 euro;
4. for determinations pursuant to § 4 para 1 sentence 2 of the Atomic Energy Act and § 13 para 1 sentence 2 of the Atomic Energy Act, for decisions pursuant to § 9 para 3 sentence 2 of the Atomic Energy Act, for decisions after § 17 para 1 sentence 3, para 2 to 5 of the Atomic Energy Act, as far as according to § 18 para 2 of the Atomic Energy Act a duty of indemnification not is given, and for decisions pursuant to section 19 para 3 of the Atomic Energy Act 25 to 10,000 euros;
5. for decisions on applications pursuant to section 6 of the nuclear energy Act 50 to EUR 2,5 million;
6. for decisions on applications pursuant to the § § 4 and 9a paragraph 2 sentence 4 of the Atomic Energy Act and other acts including tests and examinations of the Federal Office for radiation protection, where it is responsible according § 23 para 1 of the Atomic Energy Act, or a regulation according to § 23 para 3 of the Atomic Energy Act, and other acts including tests and examinations of the Luftfahrt-Bundesamt, as far as it is responsible for b of the Atomic Energy Act after section 23 , 50 up to two million euros.
7. for zoning decisions pursuant to § 9B of 1.5 to 2 per cent of the cost of setting up the Atomic Energy Act.
In the cases of the sentence 1 number 1 and 7 may be brought a pro rata fee, oriented for a partial permit or a part planning decision at cost the construction of of part of.
§ 3 tax expenses of the applicant of the plant components licensable under the Atomic Energy Act are (1) cost of setting up.
(2) expenses for the acquisition of real estate, development and planning do not belong to the cost of setting up.
§ 4 (dropped out) § 5 (1) supervision measures of the State supervision costs after charges § 19 of the Atomic Energy Act for the following offences: 1 systems according to § 7 of the nuclear energy Act and activities after the articles 6 and 9 of the Atomic Energy Act measurements and investigations to monitor a) the derivation and spread radioactive materials b) important for the detection of an incident operating conditions c) of radioactivity in the environment including the meteorological conditions of propagation by officially authorized sites or authority its own monitoring facilities; the payment requirement also extends to the delivery and evaluation of measuring and test results;
2. check not approval of changes of facilities according to § 7 of the nuclear energy Act, or activities referred to in articles 4, 6 and 9 of the Atomic Energy Act;
3. measures of the supervisory authority on the basis of safety-significant deviations from the intended operation of facilities according to § 7 of the nuclear energy act or activities referred to in articles 4, 6 and 9 of the Atomic Energy Act;
3A. tests the results of the safety review pursuant to section 19a of the Atomic Energy Act.
4. regular checks of facilities according to § 7 of the nuclear energy Act, or activities referred to in articles 6 and 9 of the Atomic Energy Act;
5. other checks and inspections of facilities according to § 7 of the nuclear energy Act and of activities referred to in sections 4, 6 and 9 of the nuclear energy Act, as far as the involvement of experts is necessary;
6 review under section 12B of the Atomic Energy Act with respect to the reliability of persons involved in the establishment and operation of facilities according to § 7 of the nuclear energy act or activities according to §§ 4, 6 and 9 of the Atomic Energy Act.
7. monitoring of compliance with the requirements set out in section 103 in connection with the articles 93 and 94 of the Radiation Protection Ordinance for the protection of the flying personnel prior to exposure from cosmic radiation.
(2) the fee is 25 up to 500,000 euro, checks within the meaning of paragraph 1 No. 6 for each person reviewed 25 to 500 euro.
(3) the licence fee obligation arises with the termination of the paid official act, in the case of paragraph 1 No. 1 at the end of the month, in which measurements and investigations have been made. At regularly recurring acts 1 tees may be levied by way of derogation from set to charge when determining subsequent fees are.
(4) to compensation for multiple similar acts pursuant to paragraph 1 No. 1 to 7 Pauschgebühren can be set.
§ 5a of a permanently safe cost the State custody (1) the fee for the State custody of nuclear fuels according to § 5 of the Atomic Energy Act amounts to 1 with fissile materials that have been delivered in a condition or container and largely maintenance-free storage makes it possible for each month 100 to 7,500 euros, 2. with nuclear fuel, which have been delivered in a condition or container , which allows a permanently safe and largely maintenance-free storage for each month 100 to 3,000 euros per square metre of the area, which will be taken for the storage of nuclear fuels of the supplier's claim. The individual claim taken area is taking into account the packing of the container, in which there are the conserved nuclear fuel, and adding one if necessary, prevention against damage of required safety distance to determine; It is rounded up to full square decimetre. The fee to the individual the supplier is to calculate the ratio of the area claimed to the area held a total for the custody of the State.
(2) nuclear fuel or fissile materials in the form of stacked containers can be stored on, applies to the nuclear fuel stored on the floor or container the area than anticipated to complete, which would be needed if the nuclear fuel or tanks on the ground would be stored. Delivered nuclear fuel in a container are jointly held by different from suppliers, the fee to the individual the supplier is to calculate pro rata according to the ratio of space content utilized by him to the capacity of the entire container.
(3) in the case of nuclear fuel referred to in paragraph 1 sentence 1 No. 1 is the fee to uplifting, incorporating the material and personnel expenses to set is created for the production of a permanently safe and largely maintenance-free condition of the nuclear fuel.
(4) the licence fee obligation arises at the end of the year unless the custody beyond the current calendar year continues, in addition with the termination of the custody. As far as the expenses incurred in the course of a year is based on cost, predictable incurred throughout the year in fixed height, can be charged to cover this expense already at the end of each month.
§ 6 may be waived wholly or partly exemption and reduction (1) from the collection of a fee, if this is necessary in individual cases for reasons of public interest or equitable.
(2) by way of derogation from article 8, paragraph 1, no. 1 of the administrative expenses Act in force until August 14, 2013 amended is the Federal Office for radiation protection by the payment of fees pursuant to § 2 sentence 1 does not exempt No. 7.
§ 7 (lapsed) - § 8 limitation the claim for payment of costs barred in three years following the notification of the decision as to costs, no later than the end of the thirtieth year after the emergence of.
§ 9 transitional provisions (1) this regulation is to apply to the administrative proceedings at its entry into force unless at that time the costs are not already set.
(2) the second regulation amending the regulation of costs to the Atomic Energy Act of 2004, December the 15 th (Federal Law Gazette I p. 3463) also are revised rules which are to apply pending administrative procedures, as far as the cost not already stated on December 21, 2004 at this time.
§ 10 Berlin clause this Regulation shall apply to § 14 of the third of transfer Act in conjunction with section 58 of the Atomic Energy Act in the Federal State of Berlin.
Article 11 entry into force
(1) this Regulation shall, with the exception of section 7 paragraph 2, on the day after the proclamation in force.
(2) the coming into force of section 7 para 2 is determined in the regulation according to § 21 b of the Atomic Energy Act.
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