Regulation For The Verification Of Reliability To Protect Against Theft Or Release Of Radioactive Substances According To The Atomic Energy Act

Original Language Title: Verordnung für die Überprüfung der Zuverlässigkeit zum Schutz gegen Entwendung oder Freisetzung radioaktiver Stoffe nach dem Atomgesetz

Read the untranslated law here: http://www.gesetze-im-internet.de/atz_v/BJNR152500999.html

Regulation for the verification of reliability to protect against theft or release of radioactive substances according to the Atomic Energy Act (Atomrechtliche Zuverlässigkeitsüberprüfungs regulation - AtZüV) AtZüV Ausfertigung date: 01.07.1999 full quotation: "Atomrechtliche Zuverlässigkeitsüberprüfungs regulation by 1 July 1999 (BGBl. I p. 1525), most recently by article 1 of the Decree of 22 June 2010 (BGBl. I p. 825) is changed" stand: last amended by art. 1 V v. 22.6.2010 I 825 for more information on the stand number you see in the menu see remarks footnote (+++ text detection from) : 1.8.1999 +++) heading: IdF d. Article 1 No. 1 V v. 22.6.2010 I 825 mWv 1.7.2010 input formula on the basis of § 12 para 1 sentence 1 Nos. 10 and 11 and § 12 para 2 in connection with paragraph 1, in conjunction with § 54 para 1 sentence 1 and paragraph 2 sentence 1 of the Atomic Energy Act, as amended by the notice of July 15, 1985 (Federal Law Gazette I p. 1565) , of which section 12, subsection 1, sentence 1 No. 10 article 2 No. 3 of the Act of 9 October 1989 (BGBl. I p. 1830) newly drawn and by article 1 No. 11 of the law of 6 April 1998 (BGBl. I p. 694) changed, § 12 para 2 article 2 No. 4 of the Act of 9 October 1989 (BGBl. I p. 1830) inserted and § 54 para 1 sentence 1 by article 1 No. 21 of the Act of 6 April 1998 (BGBl. I p. 694) is changed, decreed the Federal Government: § 1 scope of application; Definitions (1) the verification of the reliability of a person takes place in accordance with § 12B of the Atomic Energy Act in connection with this regulation.
(2) 1Einer review of the reliability of a person that the paragraphs 7, 11 or section 16 which radiation protection Ordinance is to be active, required for the construction or the operation of equipment, the handling of radioactive substances or the transport of radioactive substances within the meaning it only, if the competent authority shall require verification, because the protection against unauthorized actions that can lead to theft or release of radioactive substances , requires the verification. 2Satz 1 does not apply to the carriage of large sources in the sense of § 23 paragraph 2 of the Atomic Energy Act and dealing with sealed radioactive substances within the meaning of article 3, paragraph 2 number 29 of radiation protection regulation in the non-medical area, whose Aktivität exceeds the activity value of 1 000 Terabecquerel.
(3) a background check there is no need, for a person under this regulation already a review in the same or a higher class within the meaning of article 2 has been completed and this review will continue to apply after article 8, paragraph 1.
(4) 1 background check can be avoided if one person to perform urgent work, for which there are no verified people available. 2drills down background check is omitted if a person only for a short time, usually no more than a day, to get access to a facility or institution.
(5) 1The can refrain from a background check for the individual installations competent authority if the risk associated with the investment is low, that a person is committing unauthorized acts, which can lead to theft or release of radioactive substances. 2Satz 1 applies to the handling of radioactive substances and the transport of radioactive substances according to. 3The Authority communicated the underwritten in writing that no background check will be performed.
(6) 1The should refrain competent authority from a background check if it is proved that for a person an equal or higher quality review is carried out under other legislation within the last five years, that review in the time of the application will continue to apply and were no doubt as to the reliability. Sentence 3 shall apply accordingly 2 5.
(7) for the purposes of this regulation 1 is securing area inner: area with safety-significant systems or components or with significant quantities of radioactive materials, the reasons nuclear safety or radiation protection against interference measures or other agents to monitor third parties, organizational, personnel, construction and other technical measures to protect;
2. external backup area: area, which surrounds the inner security restricted area and bounded to the outside through access barriers and technical detection devices.

§ 2 the access authorization or responsibility according to is the scope categories of background check in accordance with § 5 1 a comprehensive reliability check (category 1), advanced 2 a reliability check (category 2) or 3 carried a simple reliability check (category 3).

§ 3 background checks background check comprehensive (1) 1 is making following people: 1 applicant or licence holder in an approval or planning approval process, their legal representative for legal persons or not legal person associations authorized by law, statute or memorandum to the representation or management, 2. is responsible for the establishment, management or supervision of the operation or its closure due to their function or activity and their representatives , 3. after or to comply with provisions of the nuclear energy Act, or a regulation adopted on the basis of the Atomic Energy Act officers and representatives, 4 members of the object backup service and 5 emergency personnel work to protective equipment or safety systems running unattended during the performance in the inner area of the backup.
2 of the applicant or marketing authorisation holder in the case of sentence 1 No. 1 a corporation, whose authorized organ consists of several members, or a partnership where several Managing Director are present, the competent authority may limit the obligation to check the reliability on the person who carries out the tasks of the Strahlenschutzverantwortlichen, and others responsible for the facility or institution.
(2) an enhanced reliability check is carried when persons who should be entitled to access to the inner and outer protection area and which do not belong to the Group of persons referred to in paragraph 1.
(3) a simple background check is making persons, should be authorised for access exclusively to the outer protection area and which do not belong to the Group of persons referred to in paragraph 1.
(4) 1 without prejudice to of § 1 paragraph 5 sentence 1 a background check can perform the competent authority for the individual installations by way of derogation from paragraphs 1 to 3 by a lower category, if the risk associated with the investment is low, that a person is committing unauthorized acts, which can lead to theft or release of radioactive substances. 2Satz 1 applies to the handling of radioactive substances and the transport of radioactive substances according to.
(5) persons who do not clearly assignable to the people referred to in the paragraphs 1 to 3, as well as to persons who gain access to equipment or facilities which are not divided into an inner and outer security area is to decide taking into account the nature of the system, in particular the type and quantity of radioactive substances is present on the map , as well as the type of activity, the scope of the access authorization and the responsibility of a person; during the carriage of radioactive substances, additional packaging and means of transport are taken into account.

§ 4 (dropped out) § 5 measures for individual types of review (1) at the comprehensive background check after § 3 paragraph 1 meets the competent authority the following measures: 1. checking the identity of the person concerned; This also a comparison of the data on a copy of the identity card, passport or passport replacement with the information is sufficient according to article 6, paragraph 3, sentence 3 Nos. 1 and 3, 2 requests information from the crime file records the past ten years at the Federal Criminal Police Office and the Landeskriminalämtern in whose jurisdiction the person concerned alternative his habitual residence had his principal residence, during this period, 3. Requests for the information from the person investigation file in the police information system at the federal level and from the police national security files to the competent Police law enforcement agencies of the Federal and State Governments, 4. a request for the information from the intelligence information system Constitution protection authority; Constitution protection authority requests information from the files of the military intelligence, the BND and the customs criminal Office of existing, relevant for the assessment of the reliability of findings, 6 is the land authority for protection of the Constitution, under whose jurisdiction the authority responsible for the background check located, has 5 so far in some cases, required.

Request by the Federal Commissioner for the records of the State security service of the former German Democratic Republic to establish a full-time or unofficial occupation of the person concerned for the State security service of the German Democratic Republic, if the person concerned was born before January 1, 1970, and there are indications, in particular on the basis of the findings by the numbers 1 to 5, 7 and 8, for such an activity , 7 obtaining of unlimited information from the central register of the Federal and 8 in a foreign individual, required unless in a particular case, request for the transfer of data from the central register of foreign nationals and the request to the competent foreigners authority according to existing, significant for the assessment of the reliability.
(2) in the case of the advanced background check pursuant to article 3, paragraph 2, the competent authority shall take the following measures: 1 requests information from the crime file evidence of the last five years at the Federal Criminal Police Office and Landeskriminalämtern, under whose jurisdiction the person concerned during this period in the alternative his usual place of residence had his principal residence, and 2. measures referred to in paragraph 1 number 1, 3 to 5, 7 and 8 (3) simple reliability check according to § 3 paragraph 3, the competent authority takes following measures : 1 requests information from the crime file evidence of the last five years in the Federal Criminal Police Office and the Landeskriminalämtern, under whose jurisdiction the person concerned in the alternative his usual place of residence had his principal residence, during this period, and 2. measures pursuant to paragraph 1 Nos. 1, 3 and 4 (4) 1has a concerned is not stopped during the entire evaluation period in the domestic and can therefore not sufficiently check its reliability , the competent authority may recognize or a communication to the reliability and 1 an inviting German authority, 2. a public authority of the country of residence, 3. a German Chamber of Commerce in the State of residence, 4. a foreign company or 5th of the employer or employer assessment period.
2The will submit supplementary documents applicants to confirm the release.
(5) for the review of the reliability in the cases of § 1 paragraph 2 sentence 1, the competent authority can present only a criminal authorities according to § 30 paragraph 5 of the federal Central Register Act.
(6) in the case of actual evidence of doubts about the reliability of the person concerned the competent authority can perform additional 12 b paragraph 4 of the nuclear energy Act measures pursuant to §.

Article 6 procedure (1) 1The is reliability of the person concerned to check prior to the commencement of planned activities or before access to the system or device at the request of the competent authority. Applicant in approval or planning approval or licence holder in supervisory proceedings relating to facilities or activities after the sections 4, 6, 7, 9 or section 9a, paragraph 3, of the nuclear energy act or paragraphs 7, 11, or 16 of the Radiation Protection Ordinance are eligible to apply 2. 3Überträgt of the holder of an authorisation pursuant to § 4 of the nuclear energy act or a permit for the carriage of large sources in the sense of § 23 paragraph 2 of the Atomic Energy Act a third party also the third is items that are allowed in the permit to the fulfillment by a third party, entitled to apply. 4only expert b paragraph 1 sentence 1 No. 4 of the nuclear energy Act is according to § 12 causes the verification of the reliability of the person concerned by the authority attractive to.
(2) 1 is eligible to submit a declaration form completed by the person concerned to the competent authority. 2The eligible has to specify the operating position or the intended use of the person concerned, as well as the review category envisaged before delivery Declaration arc the suspect out.
(3) 1 review of reliability requires the prior consent of the person concerned on the Declaration form. [2] for review must necessary personal data of the person concerned on the Declaration form fully and truthfully be specified. 3The required personal data include: 1 personal data within the meaning of § 12 b paragraph 7 sentence 2 of the Atomic Energy Act. the indication of the name includes also different spellings, 2. residences and stays of a longer duration than three months in the last ten years before the background check pursuant to section 3, paragraph 1, or in the last five years before the background check according to article 3 paragraph 2 or paragraph 3, specifying each of the exact period (month and year), the address and the State or State , 3. number of identity card or passport; a passport or passport of a foreign person carried out in the name of the paper and of the issuing authority, 4. name and address of present employer or employer, 5 in the last five years after this regulation or running background checks and the name of the system or facility or the name of the carrier.
4The sufferers can explain its approval on the Declaration form that the result of his background check may be forwarded according to § 7 paragraph 4 on other eligible, where his work is also intended. 5 be the eligible known changes of the name or the nationality of the person concerned, it shall notify the changes the competent authority; This teaches that pursuant to § 12 b paragraph 7 sentence 1 of the Atomic Energy Act to the report committed authorities.
(4) 1Vor requesting a background check is the person concerned by the eligible target and type of the intended background check about the extent of the data collection and processing, as well as the right to refuse to instruct in writing as well as consequences for the commencement of the respective activity or for allowing access to the relevant system or body reliability verification proceedings. 2The has affected by signature to confirm his acknowledgement of the written instructions on the Declaration form.
(5) the competent authority announces an official form for the notification of the person concerned, in particular of requests under the federal Central Register Act, as well as for the Declaration form.

§ 7 completion of background check (1) 1The competent authority assesses the submitted findings on the basis of one on the purpose of § 12 para 1 sentence 1 of the Atomic Energy Act oriented overall assessment of the individual case, in particular with regard to the proposed activity. 2For which will review the findings of facts taken into account, which registered to have 1 a reliability check according to § 3 paragraph 1 within the last ten years and 2. a reliability check according to article 3 paragraph 2 or paragraph 3 within the last five years.
3Erkenntnisse on the longer historical facts are only taken into account if they are suitable due to their specificity and their size, significantly increasing doubts about the reliability of the person concerned and the protection of the public necessarily requires their consideration.
(2) 1Zweifel the reliability can arise in particular, that the person concerned is res judicata for an offence committed within the assessment period, which get a behavior can be on the basis of concrete evidence or present experience that could lead to a threat to nuclear safety of each system or when dealing with radioactive substances or the transport of radioactive substances. 2Zweifel the reliability can in addition especially considering come at 1 membership in organizations, action alliances or groupings within the meaning of § 3 paragraph 1 number 1, 3 or 4 of the Federal Verfassungsschutz Act or their support, 2. circumstances which justify acceptance, that the person concerned of to politically motivated violence tends, 3. insanity or mental weakness, 4. suspicion of alcohol or narcotic dependence, 5 may , which indicate on a such indebtedness of the person concerned, that he can no longer meet its current financial obligations or 6 imposing of a fine for infringement of the provisions of the nuclear energy Act, the Act on the control of weapons of war, of the law on the transport of dangerous goods, the Firearms Act, of the proofing-law, of the Explosives Act, or a regulation adopted on the basis of these laws.
(3) the following findings are only taken into account if they are within the framework of an overall assessment of all findings to the competent authority of fundamental importance, in order to assess the reliability of the person concerned: 1.

a sentence for a single offence for which a fine of less than ninety day sentences or a prison sentence of less than three months is imposed, except that it is a final conviction for violation of provisions of the nuclear energy Act, the Act on the control of weapons of war, of the law on the transport of dangerous goods, the Firearms Act, of the proofing-law, of the Explosives Act, or a regulation adopted on the basis of these laws , 2. current or discontinued investigation or criminal proceedings without judicial sentence, 3. insights from the request according to article 5 paragraph 1 number 6, 4. contacts with foreign intelligence services, 5 facts that can be used by third parties to a blackmail, or 6 repeated violations of operating rules.
(4) the competent authority comes to the conclusion that no doubt as to the reliability of the person concerned, as it informs in writing the underwritten.
(5) express 1Kommt the competent authority concludes that on the basis of the collected information doubts about reliability, so she shall inform the person concerned and gives him a chance before making the final decision to the outcome of the examination to be. 2 will not maintain the doubt of the competent authority of the reliability, paragraph 4 shall apply. 3Bestehen according to the decision of the competent authority the misgivings about the reliability of the person concerned continues, it will inform in writing this the entitled without giving any reasons and the person concerned in writing, giving reasons.
(6) 1 are of the competent authority upon completion of the review known facts, which are doubts about the reliability of a person identified pursuant to paragraph 4 can result in, officio before expiry of may induce a reconsideration or other investigation of reliability. 2 be the eligible facts known, from which doubt pursuant to paragraph 4 established reliability of a person it is, to immediately inform of the competent authority obliged. 3 run again the verification or other investigations to doubts as to the reliability of the person concerned, the competent authority has to inform the entitled. 4 5 shall apply mutatis mutandis.
(7) are known the underwritten, changes of the name or the nationality of a person whose Zuverlässigkeit was established pursuant to paragraph 4, it shall notify the changes of the competent authority; This teaches that pursuant to § 12 b paragraph 7 sentence 1 of the Atomic Energy Act to the report committed authorities.

Article 8 validity; Repeat review (1) 1Entscheidet the competent authority pursuant to § 7 para 4, so is the background check of five years; in individual cases, the competent authority may set a shorter duration. 2The begins period of validity with the day of the decision of the competent authority.
(2) a repeat verification is requested no later than three months before the expiry of the previous review, considered proven reliability to the decision of the competent authority on the outcome of the Repeat screening.
(3) concern about the reliability of the person concerned continue to exist after article 7, paragraph 5, sentence 3, a renewed request for conducting a background check of the same or a higher category is possible only, if it expired deadline of no more than five years by the competent authority in individual cases, taking into account the available evidence.

§ 9 access control; The eligible activity consumption (1) unless otherwise stated in the paragraphs 2 to 5, must the person concerned providing recording of planned activities or access to the plant or establishment on the basis of a communication according to section 1, paragraph 5, sentence 3, § 1, paragraph 6, sentence 2, or article 7, paragraph 4.
(2) in the cases of § 7 paragraph 6 sentence 1, the competent authority may prohibit the eligible to complete the re-examination of the reliability or of other investigations in to grant the person concerned the planned activities, the further pursuit of or access to the system or device.
(3) 1 in the cases of § 1 paragraph 4 sentence 1 ensures the eligible that the unverified person is constantly accompanied by a validated and especially appointed by person. 2The eligible the following writing put down: 1 the rationale that are immediately recorded the activity or immediately granted the access, 2. the designation of the entered fields, 3. the list of activities and 4. the information in the sense of § 12 b paragraph 7 sentence 2 of the Atomic Energy Act to the unverified person.
3The are documents to store six months and to submit to the competent authority upon request. 4 in the cases of § 1 (4) sentence 2 apply the sentences 1 to 3 according to with the proviso that only the purpose of the entry and the unverified personal data in writing are.
(4) is for a person who can operate on the basis of an enhanced reliability check pursuant to article 3, paragraph 2, a comprehensive background check requested according to article 3, paragraph 1, the competent authority may allow for the time being this person prior to the conclusion of the comprehensive background check for the proposed activity.
(5) provisions in the permit notification or orders of the competent authority remain unaffected, insofar as they further restrict the access permission.
(6) 1UP are the admission of experts according to § 12 b paragraph 1 sentence 1 number 4 of the Atomic Energy Act, which does not validate, decides the competent authority. Set 1 to 3 shall apply mutatis mutandis 2 3.

§ 10 background checks, which have been applied for prior to 1 July 2010, are transitional law until then to finish.

§ 11 (dropped out) closing formula, in the Federal Council has agreed to.