Regulation On The Procedure For The Approval Of Facilities According To § 7 Of The Nuclear 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 Procedural Regulation-AtVfV)

Non-official table of contents

AtVfV

Date of expulment: 18.02.1977

Full quote:

" Nuclear procedural regulation in the version of the Notice of 3. February 1995 (BGBl. 180), as last amended by Article 4 of the Law of 9. December 2006 (BGBl. I p. 2819) "

:Recaught by Bek. v. 3.2.1995 I 180;
last modified by Art. 4 G v. 9.12.2006 I 2819

For details, see the Notes

Footnote

(+ + + text evidence application: 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 issued by the Federal Minister for the Interior. unofficial table of contents

content overview

 First section
Scope, application, and documents
§ 1Scope
§ 1aSubject of the Environmental impact assessment
§ 1bInformation on expected documentation
§ 2Form and content of the application
§ 3The type and scope of the Documents
Second Section
Participation of third parties and other authorities
§ 4Announcement of the project
§ 5Notice content
§ 6Design of Application and documentation
§ 7objections
§ 7a Cross-border Environmental Procedure
Third Section
discussion date
§ 8Subject and Purpose
§ 9Special objections
§ 10 Wegfall
§ 11relocation
§ 12 History
§ 13Niederschrift
Vated Section
Approval
§ 14SachReview
§ 14aSummary representation; rating
§ 15Decision
§ 16Content of the Approval modest
§ 17Delivery by public notice
Fifth Section
Special Rules
§ 18partial approval
§ 19 Vorbescheid
§ 19aSpatial planning and approval procedures
§ 19bAuthorisations in accordance with § 7 paragraph 3 of the Atomic Energy Act
Sixth Section
Final Provisions
§ 20 Transitional rule
§ 21Entry into

First section
Scope, application, and documents

Non-official table of contents

§ 1 Scope of application

For the documents referred to in § 7 (1) and (5) of the Nuclear power plants are the procedure for 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 para. 2 sentence 2 of the Nuclear law is regulated. Non-official table of contents

§ 1a Subject of the environmental impact assessment

The environmental impact assessment includes the investigation, description and evaluation of the impact of an EIA on people, including human health, animals, plants and biodiversity, soil, water, air, climate, which is important for the examination of the eligibility requirements of an EIA and landscape, cultural goods and other property, as well as the interaction between the above-mentioned protective goods. Non-official table of contents

§ 1b Information on documents likely to be submitted

(1) Insofar as the institution of a project subject to an EIA is concerned the approval authority, before the beginning of the authorisation procedure, requests it or, if the approval authority deems it necessary after the commencement of the approval procedure, it shall inform it in accordance with the planning stage of the project and on the basis of appropriate information on the project at an early stage on the nature and extent of the documents which are expected 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, if not the rights of third parties.(2) If an EIA is required for approval 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 first sentence of Article 14 (1) of the Act on the Environmental impact assessment is determined as the lead authority. 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. Non-official 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 include
1.
indicating the name and place of residence or the registered office of the Applicant,
2.
whether to apply for approval or advance notice,
3.
The location and information about the type and scope of the asset.
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§ 3 Art and scope of documents

(1) The application must be accompanied by the documents necessary for the examination of the admission requirements, in particular
1.
a safety report that, with regard to nuclear safety and radiation protection, is the the decision on the application presents a significant impact of the project and, in particular, makes it possible for third parties to assess whether they can be infringed on their rights by the effects of the plant and its operations. 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 with the addition of maps and overview drawings;
b)
a presentation and explanation of the design (basic design features), the Safety-related design principles and the function of the plant, including its operating and safety systems;
c)
A presentation of the performance of the performance of § 7 (2) (3) and (7) (2a) of the Atomic Energy Act, including an explanation of the measures provided for the exclusion or limitation of the effects of transgression of events and their measures Tasks;
d)
a description of the environment and its components;
e)
Information about the environment and its components. direct radiation and release of radioactive substances connected to the plant and its operation, including releases from the plant in the event of accidents within the meaning of § § 49 and 50 of the Radiation Protection Regulation (interpretative incidents);
f)
a description of the effects of the direct radiation and release of radioactive substances referred to in point (e) on the protection goods set out in § 1a, including the Interactions with other substances;
2.
Additional plans, drawings, and descriptions of the asset and its parts;
3.
Information about measures provided for the protection of the plant and its operation against disruptions and other effects of third parties pursuant to § 7 paragraph 2 no. 5 of the Atomic Energy Act
4.
The reliability and expertise of the installation and the management and supervision of the plant, to verify persons responsible;
5.
Information which makes it possible to ensure that the knowledge required under Section 7 (2) (2) of the Atomic Energy Act is guaranteed by the (c) the operation of the system shall be established;
6.
a list of all the information relevant to the safety of the plant and its operation, which shall be used for the safety of the plant and its operation. Control of incidents and claims, as well as a framework plan for the proposed tests on safety-related parts of the facility (safety specifications);
7.
Proposals on the prevention of compliance with statutory claims for damages;
8.
Description of the resulting radioactive waste as well as information on proposed measures
a)
on Prevention of the use of radioactive waste;
b)
for the harmless recovery of radioactive waste and of the radioactive waste produced or degraded. Plant parts according to the purposes specified in § 1 No. 2 to 4 of the Atomic Energy Act;
c)
for the orderly disposal of radioactive residues or degraded radioactive waste. Plant parts as radioactive waste, including its intended treatment, and for the likely fate of radioactive waste to final disposal;
9.
Details about other environmental impacts of the project, which are used for the examination in accordance with Section 7 (2) No. 6 of the Atomic Energy Act for the individual case in the approval decision The requirements for the content of the data are determined in accordance with the requirements laid down for the above-mentioned requirements, or for decisions to be taken by the approval authority, in accordance with the provisions on nature protection and the maintenance of the landscape. Decisions in each case relevant legislation.
(2) In the case of projects subject to EIA, the application must be accompanied by the following additional documents:
1.
an overview of the most important technical alternatives examined by the applicant, including the main reasons for selection, provided that this information is available for the Assessment of the admissibility of the project in accordance with § 7 of the Atomic Energy Act can be significant;
2.
Notes on difficulties encountered in compiling the information for the examination referred to in § 1a has occurred, 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. can be affected.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 plant and its likely impact on the general public. and to present 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.If the documents are not sufficient for the examination, they shall be supplemented by the applicant, at the request of the approval authority, within a reasonable period.

Second Section
Participation of third parties and other authorities

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§ 4 Announcement of the project

(1) Are the required for interpretation (§ 6) In full, the approval authority shall make public the project in its official publication sheet and, in addition, in local daily newspapers distributed in the area of the site of the plant. 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 mentioned in the Federal Gazette.(2) If the project is substantially amended during the authorisation procedure, the approval authority may depart from an additional notice and interpretation if no additional or other circumstances are to be set out in the safety report, to obtain the 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 at
1.
Changes that make an increase the activity levies laid down for the intended operation per year and an increase in immissions by more than 5 per cent to more than 75 of the hundred of the dose limits laid down in Article 47 (1) of the Radiation Protection Regulation
2.
Changes in the design of the installation or the spatial arrangement of structures, provided that the changes are made in the context of the control of interpretive problems. a significant increase in the originally assumed loading of fixed assets; in the assessment of the importance of safety technology, the second sentence must be applied accordingly,
3.
Changes to security systems that make sure that the reliability of the security functions they need to perform does not result in the control of interpretive problems
4.
Increase in thermal output or maximum fission product inventory by more than 10 per cent of the amount of the product from the intended Full load operation values or
5.
Increase of the intended storage capacity for irradiated fuel elements by more than 10 per cent.
Is an additional Notice and interpretation shall be limited to the possibility of application and discussion to the proposed changes, and shall be indicated in the notice.(3) If the project is amended during an authorisation procedure in which an examination in accordance with § 1a is to be carried out, an additional notice and interpretation shall only be allowed if no additional or other additional information is provided for the purpose of the change. are likely to have a significant impact on the protection goods referred to in § 1a. The fourth sentence of paragraph 2 shall apply accordingly.(4) If a permit is requested for the essential change of an installation or its operation 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 may be subject to the notice and Interpretation under 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 accordingly.(5) It may also be waiving of the notice and interpretation where the application relates to a nuclear fuel division, the maximum power of which does not exceed a kilowatt of continuous thermal power or which is the driving force of the Ships are to serve or serve.(6) (omitted) A non-official table of contents

§ 5 Content of the notice

(1) The notice must provide the information required in section 2 (2) of the notice. . For the rest,
1.
is to indicate where and when the application and those referred to in § 6 (1) and (2) The first and last days of the interpretation period are to be specified,
2.
to ask for any objections in the case of one of the following documents: Notice to be notified within the period of interpretation (§ 6 para. 1); in this case, it should be pointed out that the legal consequences of § 7 (1) sentence 2,
3.
, are to be mentioned. To determine the date of discussion or to indicate that a discussion date will take place and that the date will be announced in the same way as the project,
4.
pointing out that the objections are also discussed in the event when the applicant is not staying, or from persons who have raised objections,
5.
pointing out that the delivery of the decision on the objections will be replaced by the public notice (§ 15 para. 3 sentence 2), if except for the applicant more as 300 deliveries.
(2) Between the notice of the project and the beginning of the period of interpretation, one week shall lie; the expected date of the publication of the publication or of the publication shall be the date of the publication. Daily newspaper, which appears last.(3) At least one month shall be between the end of the interpretation period and the discussion date.(4) Where the application relates to an EIA subject to an EIA, the notice must also indicate the EIA duty of the project, the nature of a possible decision to conclude the authorisation procedure and, if necessary, the Implementation of a cross-border participation pursuant to § 7a as well as the indication of 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, should be provided. Non-official table of contents

§ 6 Interpretation of application and documents

(1) During a period of two months, the approval authority and to a suitable location near the location of the project to be viewed during service hours
1.
the application,
2.
the security report according to § 3 para. 1 no. 1,
3.
the short description according to § 3 para. 4.
(2) Subject to the application an EIA-subject project, are additionally the documents according to § 3 paragraph 1 no. 8 and 9 and paragraph 2 as well as the to submit significant reports and recommendations concerning the project which has been submitted to the approval authority at the date of 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 and to make access to environmental information accessible to countries.(3) At the request of a third party, a copy or reproduction of the short description shall be left to the third party.(4) During the period of the authorisation procedure, the approval authority shall grant access to the file according to its discretion; § 29 (1) sentence 3, para. 2 and 3 of the Administrative Procedure Act shall apply mutagenic to the relevant application. Any other rights to access to information in other legislation shall remain unaffected. Non-official table of contents

§ 7 objections

(1) objections may be made in writing or in writing at the time of the interpretation period. approval authority or the body referred to in the notice referred to in Article 5 (1), second sentence, no. 2. With the expiry of the period of interpretation, all objections which are not based on special private-law titles are excluded.(2) The content of the objections shall be notified 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. Non-official table of contents

§ 7a Cross-border environmental impact procedure

(1) If an EIA is subject to an EIA, a significant amount is required under § 3 (3) (3) (1) 1 or 9 may have an effect on protective goods referred to in paragraph 1a in another State, or another State which may be affected by the effects may be requested to do so by the other State in the light of the examination referred to in § 1a at the same time and on the same level as the authorities to be involved in accordance with Article 7 (4), first sentence, of the Atomic Energy Act, notified to the competent authority of the project, State a reasonable period of time for the notification as to 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 of the project is carried out by the competent authority. 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 public shall be treated in the same way as the local public with a view to their further participation in the authorisation procedure.(2) The approval authority may require the applicant to provide a translation of the short description referred to in Article 3 (4) and, where necessary, further information relevant to the cross-border participation of the project, in particular: cross-border environmental impact, provided that, in relation to the other State, the conditions of reciprocity and equivalence are met.(3) Where necessary or as far as the other State requests, the competent supreme federal and regional authorities shall consult with the other State within an agreed, appropriate time frame, in particular on the the cross-border environmental impact of the project and the measures to be taken to avoid or reduce it.(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 to 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 of the public concerned in the other State is well known and the content of the decision, accompanied by a statement of reasons and a right of appeal. will be made accessible.(5) Further provisions on the implementation of international legal obligations of the Federal Government and the Länder remain unaffected.

Third Section
discussion date

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§ 8 Subject and Purpose

(1) The approval authority has the objections raised in good time with the applicant and to discuss orally with those who have made objections. In due time are objections raised within the period of interpretation of the positions referred to in the notice in accordance with Article 5 (1), second sentence, No. 2.(2) The date of discussion shall be used to discuss the objections raised in good time, to the extent that this may be relevant for the examination of the admission requirements. It is intended to give those who have made objections an opportunity to explain their objections. Non-official table of contents

§ 9 Special objections

Objections based on special private-law titles are discussed in the discussion date not to be treated; they shall be referred by written communication to the courts of law before the ordinary courts. Unofficial table of contents

§ 10 omission

(1) A discussion date does not take place if
1.
objections against the project have not been raised or not made in good time,
2.
the objections raised in time have been withdrawn or
3.
only objections (
)
applicant shall be informed of the omission of the appointment. Unofficial table of contents

§ 11 relocation

(1) The approval authority may move the announced discussion date when this is done with regard to the implementation of which is appropriate. The place and time of the new discussion date shall be determined at the earliest possible date.(2) The applicant and those who have made 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). Untampered table of contents

§ 12 History

(1) The discussion date is not public. The representative of the approval authority (negotiator) who is responsible for the discussion shall decide who is to take part in the appointment, in addition to the applicant and those who have made contributions in good time.(2) The negotiator may determine that objections are to be discussed in summary. 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 who exceeds a speaking time fixed by him for each of the speeches or statements which do not concern the subject-matter of the discussion or not in a factual context with the application to be treated.(4) The negotiator shall be 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 shall terminate the discussion date when its purpose is achieved. 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) A record is to be completed on the discussion date. The transcript must contain information about
1.
the location and day of the discussion,
2.
the name of the negotiation leader,
3.
the subject of the approval process,
4.
the course and results of the discussion date.
The minutes are from the negotiator and, to the extent that a writer has been added, also from this sign. 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 The ineffectiveness must be entered into.(2) A copy of the transcript shall be left to the applicant. On request, it is also possible to leave a copy to the person who made an effort in good time.

Vated Section
Approval

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§ 14 substantive examination

The approval authority's examination extends beyond the approval requirements of Section 7 (2) of the Atomic Energy Act also to the Compliance with the other public-law provisions relating to the project. Non-official table of contents

§ 14a Summary presentation, evaluation

(1) The approval authority shall develop on the projects subject to the EIA on the basis of the EIA. Basis of the documents according to § 3, the official statements pursuant to § 7 (4) sentence 1 of the Atomic Energy Act and according to § 7a, the results of their own investigations as well as the statements and objections of third parties, a summary presentation of the Decision on the application for authorisation of significant effects of the project 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 a number of authorities, Section 1b (2) shall apply.The approval authority shall assess the impact of the project on the protection goods referred to in Article 1a on the basis of the summary presentation in accordance with the laws, regulations and administrative provisions applicable to its decision. 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 shall 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. Non-official table of contents

§ 15 Decision

(1) The authority decides in appreciation of the overall result of the procedure.(2) The application shall be rejected as soon as the examination reveals that the conditions of approval are not available and that their fulfilment cannot be ensured by means of secondary provisions. It may be refused if the applicant has failed to comply with a request to supplement the dossier within a reasonable time limit set.(3) The decision must be made in writing, to give reasons in writing, to provide an appeal for the right of appeal and to deliver it to the applicant and to the persons who have made objections. In addition, the decision pursuant to § 17 is to be made public. If the decision is to be sent to more than 300 persons who have raised objections, such deliveries shall be replaced by the public notice.(4) If the procedure is completed in some other way, the applicant and the persons who have collected objections shall be notified of this; if more than 300 persons are to be notified, the notification according to § 4 (1) may be notified. shall be given. Non-official table of contents

§ 16 Content of the approval certificate

(1) The approval notice must contain
1.
specifying the name and residence or seat of the applicant,
2.
the indication that a approval or partial approval is granted, and the legal basis,
3.
the exact name of the asset of the permit, including the location of the asset,
4.
approval,
5.
the explanatory statement, which is based on the main factual and legal reasons which the Authority also has with regard to the observance of (4), and the treatment of objections should be considered; the explanatory statement shall also include a description of the main measures to avoid or reduce significant adverse effects
(2) The approval notice should contain
1.
indicating that the The decision to approve the decision shall be without prejudice to decisions taken by other authorities which are required for the overall project under other public law provisions, and
2.
the appeal document.
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§ 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; it shall be pointed out that conditions are subject to conditions.(2) A copy of the entire decision shall be issued to the approval authority and to the other authority referred to in Article 6 (1) from the day following the notice of notice to the approval authority for two weeks. 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 communication shall also be deemed to have been notified to third parties who have not received any objections; the notice shall be indicated in the notice.(3) According to the public notice, the notification and its justification may be requested in writing until the expiry of the appeal period by the persons who have collected objections.

Fifth Section
Special Rules

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§ 18 partial approval

(1) On request, a partial approval may be granted. where a preliminary examination shows that the conditions for the approval of the installation and the operation of the whole installation are to be met and that there is a legitimate interest in the granting of a partial authorisation.(2) Where a request is made within the meaning of paragraph 1, the approval authority may allow final information in the documents to be made only with respect to the subject of the partial authorisation. In addition, information shall 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.(3) Where the application referred to in paragraph 1 concerns an EIA subject to an EIA, in the procedure for the granting of a partial authorisation, the examination referred to in Article 1a of the provisional examination referred to in paragraph 1 shall cover the apparent effects of the application of the entire project, referred to in § 1a, and finally to the effects, the identification, description and assessment of which is a prerequisite for findings or gestures which are the subject of such 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 Article 1a shall be applied. 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). Non-official table of contents

§ 19 advance notice

(1) The application for a pre-notification is in writing to the approval authority of the country in which the project is to be carried out.(2) In the case of applications which are not based on location, the approval authority shall publish the project in its official publication sheet, in the Federal Gazette, and in appropriate daily newspapers.(3) The notice must include
1.
indicating the name and place of residence or the registered office of the Applicant,
2.
stating that an advance notice is given and specifying the legal basis,
3.
the exact name of the pre-order object,
4.
the requirements and reservations, under to which the notice is given
5.
the explanatory statement, which is based on the main factual and legal reasons that led the Authority to take its decision, and the treatment of the objections raised.
(4) The notice should contain
1.
the reference to § 7a (1) sentence 2 of the Atomic Energy Act,
2.
Note that the notice is not Installation of the installation or parts of the installation entitled,
3.
Note that the notice of advance shall be without prejudice to the decisions of the authorities responsible for the installation of the plant or parts thereof. Total projects are required under other public law provisions, and
4.
the right of appeal.
(5) § 18 (2) and (3) applies accordingly. Non-official table of contents

§ 19a Spatial planning and approval procedures

(1) The approval authority has those in the spatial planning process, or in accordance with Article 16 (1) of the Law on Environmental Impact Assessment, the effects of an EIA-based project on the environment determined, described and assessed in accordance with Article 16 (1) of the Law on the basis of the conditions laid down in Article 14a (2) in the decision on the application.(2) The authorisation procedure should be based on the requirements of § 7 (4) sentence 1 of the Atomic Energy Act as well as § § 1b, 3, 7a and 14a regarding the effects determined and described in the spatial planning procedure on the protection goods referred to in Section 1a (2). Paragraph 1 shall be disregarded in so far as these procedural steps have already been carried out in the space-order process. Non-official table of contents

§ 19b Approvals pursuant to § 7 para. 3 of the Atomic Energy Act

(1) The documents that apply to a first application for the grant of a The approval pursuant to Section 7 (3) of the Atomic Energy Act must also include information on the overall planned measures for decommissioning, safe containment or dismantling of the installation or parts of the plant, which in particular assess the assessment whether the measures requested do not hinder or prevent further measures and whether a meaningful sequence of dismantling measures is provided for. The documents shall specify how the planned measures will be implemented in accordance with the procedure and what effects 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 § 4 (4) of the German Atomic Energy Act, a request for approval pursuant to section 7 (3) of the Atomic Energy Act is requested for the first time for a fixed installation for the division of nuclear fuels, the maximum power of which exceeds a kilowatt of thermal continuous power. The publication and 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: This decision is subject to the notice of the project by way of derogation from Section 5 (1) (3).(3) In the cases referred to in paragraph 2, the environmental impact assessment shall cover the overall planned measures for decommissioning, the safe containment or the dismantling of the installation or parts of the plant. For this purpose, the information referred to in paragraph 1 shall also be interpreted as referred to in paragraph 1.

Sixth Section
Final Provisions

unofficial table of contents

§ 20 Transitional provision

(1) procedures that have been initiated before the entry into force of this regulation are in accordance with the rules of the amended Regulation should be completed. A repetition of process sections is not required.(2) By way of derogation from paragraph 1, approval procedures for projects to which the Environmental Impact Assessment Act (EIA) in the 3. It shall not apply after the date of application of the provisions in force until the date of the aforementioned date. Non-official table of contents

§ 21

(Entry into force)