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Cost Regulation on the Atomic Energy Act

Original Language Title: Kostenverordnung zum Atomgesetz

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Cost Regulation on the Atomic Energy Act (AtKostV)

Unofficial table of contents

AtKostV

Date of completion: 17.12.1981

Full quote:

" Cost Ordinance on the Atomic Energy Act of 17 December 1981 (BGBl. 1457), as last amended by Article 2 (96) of the Law of 7 August 2013 (BGBl I). I p. 3154).

Status: Last amended by Art. 2 Abs. 96 G v. 7.8.2013 I 3154

For more details, please refer to the menu under Notes

Footnote

(+ + + Text certificate: 23.12.1981 + + +) 

Unofficial table of contents

Input formula

Pursuant to section 21 (3) in conjunction with § 54 of the Atomic Energy Act, as amended by the 31. October 1976 (BGBl. 3053), as last amended by the Law of 20 August 1980 (BGBl I). I p. 1556), the Federal Government, with the consent of the Federal Council, prescries: Unofficial table of contents

§ 1 Scope

The authorities responsible pursuant to § § 23, 23a, 23b, 23d and 24 of the Atomic Energy Act shall charge costs (fees and expenses) in accordance with § 21 of the Atomic Energy Act and under this Regulation. In addition, the provisions of the Administrative Costing Act shall apply in the version valid up to 14 August 2013. Unofficial table of contents

§ 2 Amount of fees

The fee is
1.
for decisions concerning applications for the establishment and operation of an installation according to § 7 of the Atomic Energy Act
a)
Fission of nuclear fuel 2 of the thousand of the cost of erection,
b)
the production or processing or processing of nuclear fuel 4 of the thousand of the cost of the installation;
c)
Reprocessing of irradiated nuclear fuel shall be 0.3 to 1.7% of the cost of the installation;
2.
for decisions relating to applications for other authorisations pursuant to § 7 of the Atomic Energy Act and applications pursuant to § 7a of the Atomic Energy Act 500 to one million euros;
3.
for decisions on applications pursuant to § 9 of the Atomic Energy Act 50 to 100,000 euros;
4.
for the provisions of Section 4b (1) sentence 2 of the Atomic Energy Act and Section 13 (1) sentence 2 of the Atomic Energy Act, for decisions pursuant to Section 9b (3) sentence 2 of the Atomic Energy Act, for decisions pursuant to § 17 (1) sentence 3, para. 2 to 5 of the Atomic Energy Act, to the extent according to § 18 2 of the Atomic Energy Act is not required to pay compensation, and for decisions pursuant to Section 19 (3) of the Atomic Energy Act 25 to 10,000 euros;
5.
for decisions on applications pursuant to § 6 of the Atomic Energy Act 50 to 2.5 million euros;
6.
for decisions on applications pursuant to § § 4 and 9a (2) sentence 4 of the Atomic Energy Act and for other official acts, including examinations and investigations by the Federal Office for Radiation Protection, insofar as it is based on § 23 (1) of the Atomic Energy Act, or on the basis of a regulation in accordance with Section 23 (3) of the Atomic Energy Act, and for other official acts, including examinations and investigations of the Federal Aviation Office, to the extent that it is responsible pursuant to Section 23b of the Atomic Energy Act, 50 to 2 million euros;
7.
for planning decisions pursuant to § 9b of the Atomic Energy Act, 1.5 to 2 of the hundred of the costs of the establishment.
In the cases referred to in the first paragraph of sentence 1 and in the case of a partial authorisation, a partial plan determination decision will be charged for a pro rata fee, based on the cost of the partial direction. Unofficial table of contents

§ 3 Fee measurement

(1) The costs of the construction are the expenses of the applicant for the parts of the plant in need of approval under the Atomic Energy Act. (2) expenses for the basic acquisition, the development and preliminary planning do not belong to the costs of the construction. Unofficial table of contents

§ 4

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§ 5 Costs of supervision

(1) For measures taken by the State Supervision pursuant to § 19 of the Atomic Energy Act, costs are levied for the following facts:
1.
In the case of installations according to § 7 of the Atomic Energy Act and activities in accordance with § § 6 and 9 of the Atomic Energy Act, measurements and investigations for monitoring
a)
the derivation and spread of radioactive substances
b)
which are important for the detection of a malfunction
c)
of radioactivity in the environment, including meteorological propagation conditions
by the authorities responsible for the measurement or by the competent authorities of the authorities; the cost obligation shall also cover the transmission and evaluation of measurement and examination results;
2.
Examination of changes in equipment not in need of approval pursuant to § 7 of the Atomic Energy Act or of activities according to § § 4, 6 and 9 of the Atomic Energy Act;
3.
measures taken by the supervisory authority on grounds of safety-related significant deviations from the intended operation of installations according to § 7 of the Atomic Energy Act or in the case of activities according to § § 4, 6 and 9 of the Atomic Energy Act;
3a.
Tests of the results of the safety review according to § 19a of the Atomic Energy Act;
4.
recurrent tests of installations according to § 7 of the Atomic Energy Act or of activities according to § § 6 and 9 of the Atomic Energy Act;
5.
Other inspections and inspections of installations according to § 7 of the Atomic Energy Act and of activities according to § § 4, 6 and 9 of the Atomic Energy Act, insofar as the execution of experts is required;
6.
Review according to § 12b of the Atomic Energy Act with regard to the reliability of persons working in the establishment and operation of plants according to § 7 of the Atomic Energy Act or in the case of activities according to § § 4, 6 and 9 of the Atomic Energy Act;
7.
Monitoring of compliance with the requirements laid down in § 103 in conjunction with § § 93 and 94 of the Radiation Protection Ordinance for the protection of flying personnel from exposure to cosmic radiation.
(2) The fee shall be between 25 and 500,000 euros, and in the case of verifications within the meaning of paragraph 1, point 6, the fee shall be between 25 and 500 euros for each person who has been checked. (3) The fee obligation shall be charged with the termination of the fee-paying official act, in the case of paragraph 1 (1) at the end of a month in which measurements and investigations have been carried out. By way of derogation from the first sentence, any additional charges may be levied on regular official acts which are to be offset by the subsequent fee fixing. (4) For the repayment of multiple similar acts in accordance with paragraph 1 (1) to (7) can be fixed in a flat-rate way. Unofficial table of contents

§ 5a Costs of State custody

(1) The fee for the state custody of nuclear fuel according to § 5 of the Atomic Energy Act is
1.
for nuclear fuels which have not been delivered in a condition or container, which allows for permanent safe and largely maintenance-free safekeeping, for each month starting 100 to 7,500 Euro,
2.
in the case of nuclear fuel delivered in a condition or container, which allows permanently safe and largely maintenance-free safekeeping, for every month in which they are caught, 100 to 3,000 euros,
per square metre of the area used for the storage of the nuclear fuel of a supplier. The area taken up in each individual case shall be taken into account, taking into account the packaging of the container in which the stored nuclear fuels are located, and on account of any damage which may be required to prevent damage. the security clearance; it is to be rounded up to full square decimetres. The fee to be charged by the individual supplier shall be calculated on the basis of the ratio of the area in question to the total area reserved for the state storage. (2) Can be used for nuclear fuel or nuclear fuel tanks in the in the case of nuclear fuel or containers not stored on the ground shall be deemed to be the area which would be required if the nuclear fuels or containers were stored on the ground. Where nuclear fuel delivered by different suppliers is kept together in a container, the fee to be charged by the individual supplier shall be proportional to the ratio of the volume of the raw materials used to the volume of the goods to be used for the storage of the raw materials. (3) In the case of nuclear fuels referred to in the first sentence of paragraph 1, the fee to be charged shall be fixed with the inclusion of the expenditure on property and staff, which shall be permanently safe and largely maintenance-free state of the nuclear fuels has been created. (4) The fee obligation shall be created at the end of the year, provided that the safekeeping continues beyond the current calendar year, by the way, with the termination of the safekeeping. In so far as the expenditure incurred in the course of a year is based on costs which are foreseeable throughout the year in a fixed amount, charges may be levied at the end of each month to cover this effort. Unofficial table of contents

§ 6 Liberation and Discount

(1) The collection of a fee may, in whole or in part, be waivedif this is required on a case-by-case basis for reasons of public interest or equity. (2) By way of derogation from Section 8 (1) (1) of the Administrative Covenant Act (Verwaltungskostengesetz) in the up to the 14 August 2013 the Federal Office for Radiation Protection is not exempt from payment of the fees pursuant to § 2 sentence 1 no. 7. Unofficial table of contents

§ 7 (omitted)

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§ 8 statute of limitations

The right to payment of costs shall be statute-barred in three years after the announcement of the cost decision, at the latest with the expiry of the thirtieth year after the date of creation. Unofficial table of contents

§ 9 Transitional Regulation

(1) This Regulation shall also apply to the administrative procedures pending before the date of entry into force of the Regulation, in so far as the costs are not already fixed at this point in time. (2) The provisions of the Second Regulation amending the Costing Regulation. Nuclear Act of 15 December 2004 (BGBl. 3463), it is also necessary to apply the administrative procedures pending on 21 December 2004, in so far as the costs are not already fixed at this stage. Unofficial table of contents

§ 10 Berlin clause

This regulation applies in accordance with Section 14 of the Third Transfer Act in conjunction with Section 58 of the Atomic Energy Act, also in the Land of Berlin. Unofficial table of contents

Section 11 Entry into force

(1) This Regulation shall enter into force, with the exception of Section 7 (2), on the day after the announcement. (2) The entry into force of Section 7 (2) shall be determined in the Regulation in accordance with Section 21b of the Atomic Energy Act.