Regulation on the procedure for the approval of installations according to § 7 of the Atomic Energy Act

Original Language Title: Verordnung über das Verfahren bei der Genehmigung von Anlagen nach § 7 des Atomgesetzes

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Regulation on the procedure for the approval of installations according to § 7 of the Atomic Energy Act (Atomic-legal Process Regulation-AtVfV)

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AtVfV

Date of completion: 18.02.1977

Full quote:

" The Ordinance on Nuclear Law, as amended by the Notice of 3 February 1995 (BGBl. 180), as last amended by Article 4 of the Law of 9 December 2006 (BGBl I). 2819) has been amended "

Status:	New by Bek. v. 3.2.1995 I 180;
	Last amended by Art. 4 G v. 9.12.2006 I 2819

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof applicable: 1.5.1982 + + +)

The V was due to § 7 (4) sentence 3 and Paragraph 5, section 7a (2) and § 54 d. Nuclear law idF d. Bek. v. 31.10.1976 I 3053 by the Federal Minister for the Interior. Unofficial table of contents

Content Summary

		First section
	Scope, application and documents
§ 1			Scope
§ 1a			Subject of the environmental impact assessment
§ 1b			Information on documents likely to be provided
§ 2			Form and content of the application
§ 3			Type and scope of documents
		Second section
	Participation of third parties and other authorities
§ 4			Announcement of the project
§ 5			Content of the notice
§ 6			Interpretation of application and documents
§ 7			Objections
§ 7a			Procedures for cross-border environmental impacts
		Third Section
	Discussion date
§ 8			Subject matter and purpose
§ 9			Special objections
§ 10			Omit
§ 11			Relocation
§ 12			History
§ 13			Niederschrift
		Fourth Section
	Approval
§ 14			Substantive examination
§ 14a			Summary presentation; Evaluation
§ 15			Decision
§ 16			Content of the approval certificate
§ 17			Notification by public notice
		Fifth Section
	Special provisions
§ 18			Partial Approval
§ 19			Advance notice
§ 19a			Spatial planning procedures and approval procedures
§ 19b			Approvals pursuant to Section 7 (3) of the Atomic Energy Act
		Sixth Section
	Final provisions
§ 20			Transitional provision
Section 21			entry into force

First section
Scope, application and documents

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§ 1 Scope

For the installations referred to in § 7 (1) and (5) of the Atomic Energy Act, the procedure must be carried out in the case of the granting of a permit, a partial approval or a pre-modestal pursuant to this Regulation, insofar as it is not in § 7 (4) sentence 1 and 2, § § 7a, 7b and 8 (2) sentence 2 of the Atomic Energy Act. Unofficial table of contents

§ 1a Subject of the Environmental Impact Assessment

The environmental impact assessment shall include the identification, description and evaluation of the impact of an EIA on people, including human health, which is important for the examination of the conditions of admission of an EIA. Animals, plants and biological diversity, soil, water, air, climate and landscape, cultural goods and other materials, as well as the interaction between the above-mentioned protective goods. Unofficial table of contents

Section 1b Information on documents likely to be provided

(1) Where the institution of a project subject to an EIA requests the approval authority, prior to the commencement of the authorisation procedure, or if the approval authority deems it necessary after the commencement of the authorisation procedure, it shall inform it of: in accordance with the planning stage of the project and on the basis of appropriate information on the project, early on the nature and extent of the documents which are likely to be provided in accordance with § § 2 and 3. Prior to the notification, the approval authority shall give the institution of the project and the authorities to be involved in accordance with section 7 (4) sentence 1 of the Atomic Energy Act an opportunity to discuss the nature and scope of the documents. The meeting will also cover the subject, scope and methods of the environmental impact assessment as well as other issues that are important for the implementation of the environmental impact assessment. Experts and third parties may be consulted. Where the approval authority or the authorities to be involved have information relevant to the provision of the documents referred to in Article 3, they shall make such information available to the institution of the project, where: (2) If an EIA is required by a number of authorities, the nuclear licensing authority shall be responsible for the tasks described in paragraph 1 and section 14a (1) only if it is based on the provisions of § 14 (1) of the German law 1 sentence 1 of the Law on Environmental Impact Assessment as the lead authority is determined. It shall carry out these tasks in cooperation, at least with the other regulatory authorities and the nature conservation authority, whose remit shall be affected by the project. Moreover, the power of the Länder to delegate further responsibilities to the lead authority on the basis of the second sentence of Article 14 (1) of the Act on Environmental Impact Assessment remains unaffected. Unofficial table of contents

§ 2 Form and content of the application

(1) The application must be submitted to the approval authority in writing. (2) The application must contain

1.: the indication of the name and place of residence or the place of residence of the applicant,
2.: an indication as to whether an authorisation or a prior notification is requested,
3.: the indication of the location and information on the type and scope of the installation.

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§ 3 Art and scope of documents

(1) The application shall be accompanied by the documents necessary for the examination of the conditions of admission, in particular:

1.

a safety report which, with regard to nuclear safety and radiation protection, presents the significant effects of the project for the decision on the application and, in particular, makes it possible for third parties to assess whether they are affected by the the effects of the plant and its operations may be infringed on their rights. To this end, the safety report shall, to the extent necessary for the assessment of the admissibility of the project, include:

a)

a description of the plant and its operation, including site plans and summary drawings;

b)

a presentation and explanation of the design (basic design characteristics), the safety design principles and the function of the installation, including its operational and safety systems;

c)

a presentation of the precautionary measures provided for in compliance with Section 7 (2) (3) and (7) (2a) of the Atomic Energy Act, including an explanation of the event flows to be excluded or to limit the effects of the event the measures provided for and their tasks;

d)

a description of the environment and its components;

e)

information concerning the direct radiation and the release of radioactive substances connected to the plant and its holding, including releases from the plant in the event of accidents within the meaning of § § 49 and 50 of the Radiation Protection Regulation (interpretations of the interpretations);

f)

a description of the effects of the direct radiation and the release of radioactive substances as referred to in point (e) to the protective materials set out in paragraph 1a, including interactions with other substances;

2.

supplementary plans, drawings and descriptions of the installation and its parts;

3.

information on measures intended to protect the plant and its operations against disrupting measures and other effects of third parties pursuant to Section 7 (2) (5) of the Atomic Energy Act;

4.

information enabling the reliability and expertise of the persons responsible for the installation and management and supervision of the establishment of the plant to be examined;

5.

information which makes it possible to establish the necessary knowledge of the persons who are otherwise active in the operation of the installation, in accordance with Section 7 (2) (2) of the Atomic Energy Act;

6.

a list of all information relevant to the safety of the plant and its operation, the measures to be taken for the control of incidents and claims, and a framework for the tests to be carried out in terms of safety significant parts of the facility (safety specifications);

7.

proposals on the prevention of compliance with statutory claims for damages;

8.

a description of the radioactive waste produced and information on the measures provided for

a): in order to avoid the use of radioactive waste;
b): for the harmless recovery of radioactive residues of radioactive waste and of the developed or degraded radioactive plant parts, in accordance with the purposes set out in Section 1 (2) to (4) of the Atomic Energy Act;
c): on the orderly disposal of radioactive waste or decomposed radioactive waste as radioactive waste, including its intended treatment, and on the likely fate of radioactive waste to the disposal of radioactive waste;

9.

Information on the other environmental effects of the project, which are to be examined in accordance with Section 7 (2) No. 6 of the Atomic Energy Act for the approval decisions included in the approval decision in the individual case or for approval by the approval authority. , the requirements for the content of the information shall be determined in accordance with the relevant legislation applicable to the decisions referred to above.

(2) In the case of projects subject to an EIA, the following documents shall be accompanied by the application:

1.: an overview of the main technical alternatives examined by the applicant, including the indication of the main reasons for selection, to the extent that such information is required for the assessment of the admissibility of the project in accordance with Article 7 of the Nuclear law can be significant;
2.: References to difficulties encountered in compiling the information for the examination referred to in § 1a, in particular where these difficulties are due to lack of knowledge and testing methods or to technical gaps.

(3) The information referred to in paragraph 1 (3) shall be submitted separately. Where the other documents referred to in paragraph 1 or 2 contain commercial or industrial secrecy, they shall be marked accordingly and shall also be submitted separately. In the documents to be issued in accordance with § 6, insofar as it may be done without the disclosure of the secret, its contents must be presented in such detail that it is possible for third parties to assess whether and to what extent they are affected by the effects of the plant. (4) In addition to the documents referred to in paragraphs 1, 2 and 3, the applicant shall provide the approval authority with a generally comprehensible brief description of the installation and the likely effects of the installation to the general public and to the neighbourhood. In the case of projects subject to an EIA, the short description shall also cover all the information referred to in paragraphs 1, 8 and 9 of paragraph 1 and paragraph 2 (1). It shall also submit a list of the documents accompanying the application, in which the documents containing business or trade secrets are particularly marked. (5) The documents for the examination shall not be made up of the documents, and the documents shall be submitted to the to supplement the applicant at the request of the approval authority within a reasonable period of time.

Second section
Participation of third parties and other authorities

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§ 4 Announcement of the project

(1) If the documents required for the interpretation (§ 6) are complete, the approval authority shall have the project in its official publication sheet and also in local daily newspapers, which shall be distributed in the area of the site of the plant. shall be made public. An additional notice and interpretation is required, even in the cases of § § 18 and 19, only in accordance with the provisions of paragraphs 2 and 3. The notice shall be indicated in the Federal Gazette (Bundesanzeiger). (2) If the project is substantially amended during the approval procedure, the approval authority may depart from an additional notice and interpretation when the safety report would not provide any additional or any other circumstance which would cause adverse effects for third parties. This shall be the case, in particular, where it is apparent that adverse effects on third parties are excluded by the measures taken to prevent damage or provided for by the institution of the project, or the safety-related aspects of the project are not Disadvantages of the change in relation to the safety-related advantages are low. An additional notice and interpretation (§ 6) is required for:

1.: Amendments which increase the activity of the activity as intended for the intended operation per year and increase the immissions by more than 5 per cent from the hundred to more than 75 per cent of the dose limits of § 47 (1) of the radiation protection regulation,
2.: Modification of the design of the installation or the spatial arrangement of structures, provided that the changes in the control of interpretations of failures to a safety-related significant increase in the originally assumed loading of the building In the assessment of safety-related importance, the second sentence must be applied accordingly,
3.: changes to safety systems which ensure that the reliability of the security functions to be provided by them is not insignificantly reduced in the control of interpretative incidents;
4.: the increase in the thermal output or the maximum fission product inventory by more than 10 per cent of the values resulting from the full-load operation; or
5.: Increase of the planned storage capacity for irradiated fuel elements by more than 10 of the hundred.

Where an additional notice and interpretation is required, the possibility of application and the discussion shall be limited to the proposed modifications; this shall be indicated in the notice. (3) The authorisation procedure in which an examination is to be carried out in accordance with Article 1a shall be subject to an additional notice and interpretation only if the amendment does not have any additional or other significant effects in accordance with Article 1a. are to be provided. (4) If an authorisation is requested for the essential modification of an installation or of its holding within the meaning of Section 7 (1) of the Atomic Energy Act or a permit pursuant to Section 7 (3) of the Atomic Energy Act, the Approval authority shall not be notified and interpreted in accordance with the conditions laid down in paragraph 2. The publication and interpretation shall not be allowed if, in accordance with the law on the assessment of the effects of the environmental impact assessment, there is an obligation to carry out an environmental impact assessment. The fourth sentence of paragraph 2 shall apply. (5) The notice and interpretation may also be waiving if the application relates to a nuclear fuel division whose maximum power is not a kilowatt of continuous thermal power. exceeds or is intended to be used for the propulsion of ships. (6) (omitted) Unofficial table of contents

§ 5 Content of the notice

(1) The notice shall contain the information required in section 2 (2). Moreover,

1.: indicate where and when the application and the documents referred to in Article 6 (1) and (2) are intended for inspection; the first and the last day of the interpretation period shall be indicated,
2.: call for any objections to be brought to the attention of a body to be recorded in the notice within the period of interpretation (Section 6 (1)); the legal consequences should be pointed out in accordance with Article 7 (1) sentence 2,
3.: to designate a discussion date or to indicate that a discussion date will take place and that the date will be made known in the same way as the project,
4.: -to point out that the objections are also discussed in the event in the event of failure of the applicant or of persons who have raised objections,
5.: It should be noted that the notification of the decision on the objections will be replaced by the public notice (Article 15 (3) sentence 2) if more than 300 deliveries are to be made to the applicant.

(2) Between the publication of the project and the beginning of the period of interpretation, one week shall lie; the date of the publication of the publication or the daily newspaper, which appears last. (3) shall be taken as the basis for the publication of the project. The deadline for interpretation and the date of discussion should be at least one month. (4) If the application concerns an EIA subject to an EIA, the notice must also indicate the EIA requirement of the project, the nature of a possible Decision on the conclusion of the authorisation procedure and, if necessary, on the implementation of a cross-border participation in accordance with § 7a and the information on which documents have been submitted in accordance with § 3. In addition, the Authority, where further information on the project will be available and can be forwarded to the questions, shall be indicated. Unofficial table of contents

§ 6 Interpretation of application and documents

(1) During a period of two months, the approval authority and a suitable location close to the location of the project shall be interpreted for inspection during the period of service.

1.: the request,
2.: the safety report in accordance with § 3 (1) (1),
3.: the short description according to § 3 (4).

(2) Subject to the application for an EIA, the documents in accordance with § 3 (1) (8) and (9) and (2) and the relevant reports and recommendations concerning the project which the approval authority has at the time of from the start of the participation procedure. Further information which may be relevant to the decision on the admissibility of the project and which is not available to the competent authority only after the start of the participation procedure shall be provided to the public in accordance with the provisions of the Federal Republic of Germany (3) At the request of a third party, a copy or reproduction of the short description shall be left to the applicant. (4) The approval authority shall grant it during the period of the Admission procedure Inspection of files according to reasonable discretion; § 29 (1) sentence 3, Paragraphs 2 and 3 of the Administrative Procedure Act shall apply mutatily. Any other rights to access to information in other legislation shall remain unaffected. Unofficial table of contents

§ 7 objections

(1) objections may be made in writing or in writing to the approval authority or to the body designated in the notice pursuant to § 5 (1) sentence 2 (2), during the time limit for interpretation. With the expiry of the period of interpretation, all objections which are not based on special private-law titles shall be excluded. (2) The content of the objections shall be disclosed to the applicant. The authorities involved in Article 7 (4) sentence 1 of the Atomic Energy Act shall be informed of the content of the objections which affect their area of competence. Unofficial table of contents

§ 7a Cross-border environmental impact procedure

(1) If an EIA subject to an EIA may have significant effects to be described in § 3 (1) (1) or (9) on the protection goods referred to in § 1a in another State, or another State which may have a significant impact on the effects of the EIA the authorities designated by the other State shall, with a view to the examination in accordance with § 1a at the same time and in the same extent as the authorities to be involved in accordance with Article 7 (4) sentence 1 of the Atomic Energy Act, shall be invited to take part in the investigation into the , the competent authority of the other State shall be informed of a reasonable period of time for the To give notice whether a participation in the procedure is desired. If the other State has not designated the authorities to be involved, the supreme authority responsible for environmental matters shall be informed by the other State. The approval authority shall seek to ensure that the project is notified in a suitable manner in the State, indicating the authority to which objections may be raised, and in so doing to indicate that the operation has expired. A period of application shall be excluded from any objections which are not based on specific private-law titles. Laws relating to secrecy, in particular for the protection of business and trade secrets, shall remain unaffected; conflicting rights of third parties shall be observed. Likewise, the provisions of the Federal Data Protection Act and the national data protection laws for data transfer to bodies outside the scope of the Basic Law remain unaffected. The approval authority shall give the authorities of the other State to participate, on the basis of the documents sent in accordance with § § 2 and 3, the opportunity to deliver their opinions within a reasonable time before the decision on the application; the general public is considered to be the same in the authorisation procedure for the domestic public with a view to their further participation. (2) The approval authority may require the applicant to provide a translation of the Brief description according to § 3 (4) and, if necessary, further for the provide cross-border participation of significant information on the project, in particular on transboundary environmental effects, provided that, in relation to the other State, the principles of reciprocity and (3) As far as necessary or as far as the other State requests, the competent supreme federal and state authorities shall hold consultations with the other State within an agreed and appropriate timeframe in particular on the cross-border environmental impact of the project and on the measures to be taken to prevent or reduce them. (4) The approval authority shall communicate to the authorities of the other State concerned the decision on the application, including the reasons for the application and the right of appeal. Provided that the conditions of reciprocity and equivalence are met, it may attach a translation of the approval certificate. The approval authority shall seek to ensure that the decision on the application by the public concerned is well known in the other State and that the content of the decision, accompanied by a statement of reasons and an appeal, shall be made available to the public in the other State. (5) Further regulations on the implementation of international legal obligations by the Federal Government and the Länder remain unaffected.

Third Section
Discussion date

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Section 8 Subject and purpose

(1) The approval authority shall discuss orally the objections raised in good time to the applicant and to those who have raised objections. In due time are objections which have been received within the period of interpretation in the case of the bodies referred to in the notice pursuant to § 5 (1) sentence 2 no. 2. (2) The date of discussion shall be used to make the objections raised in good time. to the extent that this may be relevant for the examination of the conditions of admission. It is intended to give those who have made objections an opportunity to explain their objections. Unofficial table of contents

§ 9 Special objections

Objections based on special private-law titles shall not be dealt with in the date of the discussion; they shall be referred to the ordinary courts by written notification of the right to legal proceedings. Unofficial table of contents

§ 10 Wegfall

(1) A discussion date shall not take place if:

1.: Objections to the project have not been made or have not been collected in good time,
2.: the objections raised in good time have been withdrawn; or
3.: have been levied exclusively on specific private-law titles.

(2) The applicant shall be informed of the omission of the appointment. Unofficial table of contents

§ 11 laying

(1) The approval authority may lay down the date of the discussion which has been made public if it is necessary in order to ensure that it is carried out in a proper way. The place and time of the new discussion date shall be determined at the earliest possible date. (2) The applicant and those who have filed objections in good time shall be notified of the transfer of the discussion date. They may be notified by public notice in the appropriate application of § 4 (1). Unofficial table of contents

§ 12 History

(1) The discussion date shall not be public. The representative of the approval authority (negotiator) who is responsible for the discussion shall decide who is to take part in the appointment, except for the applicant and those who have made contributions in good time. (2) The negotiator may determine that objections are being discussed together. In this case, it shall announce the order of the discussion. It may, for a given period, limit the right to participate in the discussion date to those persons whose objections are to be discussed. (3) The negotiator shall give the floor and may withdraw it from the person, which exceeds the speaking time fixed by it for each of the speeches or makes statements which do not concern the subject-matter of the meeting or which are not in fact related to the application to be dealt with. (4) The Negotiators are responsible for the order. He can have people who do not follow his orders to be removed. The discussion date can be continued without these persons. (5) The negotiator ends the discussion date when its purpose is reached. It may further explain the date of discussion for an end if, even after a postponement, the discussion date from the circle of the participants is again disturbed in such a way that its proper implementation is no longer ensured. Persons whose objections have not yet been discussed or which have not yet been finalised may, within one month of the termination of the date, explain their objections to the approval authority in writing, with the aim of: The termination of the appointment should be noted. Unofficial table of contents

§ 13 Niederschrift

(1) The discussion date shall be subject to a minutes of publication. The minutes shall contain information on:

1.: the place and the day of discussion,
2.: the name of the negotiator,
3.: the subject of the authorisation procedure,
4.: the course and results of the discussion date.

The minutes shall be signed by the head of the negotiator and, to the extent that a written guide has been added, also by the negotiator. The inclusion in the minutes of the negotiation shall be the same as in a document which is annexed to it and which is designated as such; the annex shall be referred to in the minutes of the negotiation. The approval authority shall be able to record the discussion date for the purpose of producing the record on sound carriers. After entry of the unquestionability of the decision, the sound recordings must be deleted via the request for approval; in the case of a pre-trial procedure, the conditions of § 7a (1) sentence 2 of the Atomic Energy Act have been fulfilled, the deletion has to be deleted after (2) The applicant shall be given a copy of the transcript. On request, a copy must also be sent to the person who has made an objection in good time.

Fourth Section
Approval

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Section 14 substantive examination

The examination by the approval authority extends, in addition to the approval requirements of Section 7 (2) of the Atomic Energy Act, to compliance with the other public-law provisions relating to the project. Unofficial table of contents

Section 14a Summary presentation, evaluation

(1) In the case of projects subject to an EIA, the approval authority shall draw up, on the basis of the documents in accordance with § 3, the official statements pursuant to § 7 (4) sentence 1 of the Atomic Energy Act and § 7a, the results of its own investigations and the statements made and objections by third parties to a summary of the impact of the project, which is significant for the decision on the application for authorisation, on the protection goods referred to in § 1a, including the interactions. The summary presentation may be made in the explanatory statement of the decision on the admissibility of the project. If the project is subject to approval by several authorities, Section 1b (2) applies. (2) The approval authority shall assess the impact of the project on the protection goods referred to in § 1a on the basis of the summary presentation in accordance with the Decision of the relevant laws, regulations and administrative provisions. If the project is subject to approval by a number of authorities, the approval authority acts on the overall assessment by all regulatory authorities in accordance with Section 14 (2) of the Law on Environmental Impact Assessment. If the nuclear licensing authority is the lead authority, it shall ensure the interaction of all regulatory authorities. the approval authority has to take into account the assessment or the overall assessment carried out in the decision on the application in accordance with the legislation in force for this purpose. Unofficial table of contents

Section 15 Decision

(1) The Authority shall take a decision on the overall result of the procedure. (2) The application shall be rejected as soon as the examination reveals that the conditions for approval are not available and that the fulfilment of the conditions of approval is not ensured by secondary provisions. can be. It may be refused if the applicant fails to comply with a request to supplement the documents within a reasonable period of time set by the applicant. (3) The decision shall be issued in writing, in writing, with a request for a decision to be made in writing. To provide information on the right of appeal and to deliver to the applicant and to the persons who have made objections. In addition, the decision pursuant to § 17 is to be made public. Where the decision is to be made to more than 300 persons who have raised objections, such deliveries shall be replaced by the public notice. (4) Where the procedure is concluded in a different way, the applicant and the applicant shall: Any person who has made objections to it shall be notified; if more than 300 persons are to be notified, the notification may be made in accordance with § 4 (1). Unofficial table of contents

Section 16 Content of the approval certificate

(1) The approval certificate must contain

1.: the indication of the name and place of residence or the place of residence of the applicant,
2.: the indication that an authorization or a partial authorisation is granted and the indication of the legal basis,
3.: the exact name of the subject of the permit, including the location of the installation,
4.: the secondary provisions for approval,
5.: the statement of reasons which should give rise to the main factual and legal reasons which the Authority has also considered in respect of the respect of § 4 of its Decision and the treatment of objections; the explanatory statement shall include: also a description of the main measures to avoid or reduce significant adverse effects.

(2) The approval certificate shall contain

1.: an indication that the notification of approval is without prejudice to decisions taken by other authorities which are required for the overall project under other public law provisions; and
2.: the right of appeal.

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Section 17 Delivery by public notice

(1) The public notice shall be published in the manner provided for in Article 4 (1) of the operative part of the decision and the right of appeal. (2) A copy of the total amount of the notice shall be made public. The approval authority and the other authority referred to in § 6 (1) shall be modest in the days following the notice of publication in two weeks ' time. The date of the publication of the publication sheet or the daily newspaper, which appears last, shall be the decisive factor in determining the beginning of the period. The public notice shall indicate where and when the communication and its justification may be provided and may be requested in accordance with paragraph 3. By the end of the period of interpretation, the notice shall also be deemed to be served in respect of third parties who have not received any objections; the notice shall be indicated in the notice. (3) The notice and his/her notice may be published in the notice of notice. Justification until the expiry of the appeal period by the persons who have raised objections, in writing.

Fifth Section
Special provisions

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Section 18 Subversion

(1) A partial authorisation may be granted on request if a preliminary examination shows that the conditions for the approval of the installation and the operation of the whole installation are met, and a legitimate interest in the (2) If an application has been submitted within the meaning of paragraph 1, the approval authority may allow final information to be made in the documents only with respect to the subject of the partial authorisation. In addition, information should be provided which, in the case of a preliminary examination, shall enable a sufficient judgment to be made as to whether the conditions for the approval of the installation and the operation of the whole installation are to be met. Application within the meaning of paragraph 1, an EIA subject to an EIA, in the procedure for granting a partial authorisation, the examination referred to in Article 1a shall cover, in the context of the provisional examination referred to in paragraph 1, the visible effects of the whole Project on the protection goods referred to in § 1a, and finally on the effects of the Identification, description and evaluation shall be a prerequisite for findings or gestures which are the subject of this partial authorisation. Where an EIA is to be decided on a further partial authorisation, the application of the specific provisions for EIA-subject projects to additional or other significant effects on the protection goods referred to in paragraph 1a shall be: limit. The information on the documents likely to be provided in accordance with § 1b shall be limited to the expected extent of the examination in accordance with § 1a; paragraph 2 shall also apply to the additional documents to be added to the application pursuant to section 3 (2). Unofficial table of contents

§ 19 Presuming

(1) The application for a preliminary notification must be submitted in writing to the approval authority of the country in which the project is to be carried out. (2) In the case of non-site-related applications, the approval authority shall have the project in its (3) The notice must contain the notice of notice, the Federal Gazette, and the appropriate daily newspapers.

1.: an indication of the name and place of residence or seat of the applicant,
2.: the indication that an advance notice is given and the indication of the legal basis,
3.: the exact description of the subject of the premodestal,
4.: the conditions and reservations under which the prior notification is granted;
5.: the justification by which the main factual and legal grounds for consideration by the Authority in its decision and the treatment of the objections raised are to be produced.

(4) The advance notice shall be included

1.: the reference to Section 7a (1) sentence 2 of the Atomic Energy Act,
2.: an indication that the notice of advance does not entibe the installation or parts of the installation to be established;
3.: an indication that the notice of advance is without prejudice to the administrative decisions which are necessary for the overall project under other public law provisions; and
4.: the right of appeal.

(5) § 18 (2) and (3) shall apply accordingly. Unofficial table of contents

Section 19a Spatial planning procedures and approval procedures

(1) The approval authority shall have the described and evaluated in the spatial planning procedure or in another spatial planning procedure (spatial planning procedure) in accordance with Article 16 (1) of the Law on Environmental Impact Assessment (EIA). The impact of an EIA-based project on the environment in accordance with § 14a (2) in the decision on the application to be taken into account. (2) Approval procedure should be considered with regard to the procedures determined and described in the spatial planning procedure. Effects on the protection goods referred to in § 1a (2) of the requirements of § 7 Paragraph 4, first sentence, of the Atomic Energy Act as well as § § 1b, 3, 7a and 14a (1) shall be waited insofar as these procedural steps have already been carried out in the space-order process. Unofficial table of contents

§ 19b Approvals pursuant to Section 7 (3) of the Atomic Energy Act

(1) The documents which are to be attached to an initial application for the granting of a permit pursuant to Section 7 (3) of the Atomic Energy Act must also provide information on the overall planned measures for decommissioning, safe containment or dismantling of the plant. or from parts of the plant, which shall, in particular, enable the assessment to be made as to whether the measures requested do not complicate or prevent further measures and whether there is a reasonable order for the measures to be taken. The documents shall specify how the planned measures will be implemented in accordance with the procedure and what effect the measures will presumably have on the protection goods referred to in § 1a according to the respective planning status. (2) By way of derogation from Article 4 (4) of the German Atomic Energy Act, a fixed installation for the division of nuclear fuels, the maximum power of which exceeds a kilowatt of thermal continuous power, applies for the first time in accordance with Section 7 (3) of the Atomic Energy Act. Interpretation of the project will not be dislocated. If a third party participation is not required in accordance with Section 4 (4), the approval authority may not be able to discuss objections orally; has the approval authority decided that a discussion date does not take place or has the approval authority take the decision to: 3) In the cases referred to in paragraph 2, the environmental impact assessment shall apply to the measures envisaged as a whole. The following shall apply: Decommissioning, safe containment or dismantling of the plant or parts of the plant. For this purpose, the information referred to in paragraph 1 shall also be interpreted in accordance with Article 6.

Sixth Section
Final provisions

Unofficial table of contents

Section 20 Transitional provision

(1) Procedures which have been initiated before the entry into force of an amendment to this Regulation shall be brought to an end in accordance with the provisions of the amended Regulation. A repetition of procedural stages is not required. (2) By way of derogation from paragraph 1, approval procedures for projects to which the law on environmental impact assessment in the version entered into force on 3 August 2001 does not apply are not required. It shall apply in accordance with the provisions in force up to the aforementioned date. Unofficial table of contents

Section 21

(Entry into force)