Regulation for the review of the reliability of the protection against the decontamination or release of radioactive substances according to the Atomic Energy Act (Atomic Energy Reliability Regulation-AtZüV)

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AtZüV

Date of completion: 01.07.1999

Full quote:

" Nuclear Reliability Examination Regulation of 1 July 1999 (BGBl. 1525), as last amended by Article 1 of the Regulation of 22 June 2010 (BGBl I). I p. 825).

Status:

Last amended by Art. 1 V v. 22.6.2010 I 825

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 1.8.1999 + + +) 

  

Heading: IdF d. Art. 1 No. 1 V v. 22.6.2010 I 825 mWv 1.7.2010 Unofficial table of contents

Input formula

Pursuant to section 12 (1), first sentence, no. 10 and 11 and section 12b (2) in conjunction with paragraph 1, respectively in conjunction with § 54 (1) sentence 1 and 2 sentence 1 of the Atomic Energy Act in the version of the notice of 15 July 1985 (BGBl. 1565), of which § 12 (1), first sentence, No. 10, by Article 2 (3) of the Law of 9. October 1989 (BGBl. I p. 1830) and by Article 1 (11) of the Law of 6 April 1998 (BGBl. 694), Section 12b (2) by Article 2 (4) of the Law of 9. October 1989 (BGBl. I p. 1830) and § 54 (1) sentence 1 last amended by Article 1 (21) of the Law of 6 April 1998 (BGBl. 694), the Federal Government is responsible for: Unofficial table of contents

§ 1 Scope of application; definitions

(1) The verification of the reliability of a person shall be carried out in accordance with the provisions of Section 12b of the Atomic Energy Act in conjunction with this Regulation. (2) ¹ A review of the reliability of a person who is responsible for the establishment or operation of installations, the handling of radioactive substances or the transport of radioactive substances within the meaning of § § 7, 11 or § 16 of the Radiation Protection Regulation , it shall only be necessary if the competent authority requires the review, because the protection against unauthorised activities which may result in the decontamination or release of radioactive substances requires the inspection. ² Sentence 1 shall not apply to the transport of large-scale sources within the meaning of Section 23 (2) of the Atomic Energy Act and the handling of enclosed radioactive substances within the meaning of § 3 (2) (29) (b) of the Radiation Protection Regulation in the non-medical An area whose activity exceeds the activity value of 1 000 Terabecquerel. (3) A verification of assurance does not require a review in the same or a higher category in the case of a person under this Regulation in the The purpose of § 2 is to continue to apply, and this review pursuant to § 8 (1) shall continue to apply. (4) ¹ A reliability check can be maintained if a person is to carry out inexorable works for which no checked persons are available. ² A verification of reliability is not required if a person is to be given access to a facility or facility for a short time, usually not more than one day. (5) ¹ The competent authority may, in the case of individual installations, check a reliability check if the risk associated with the installation is low, that a person is committing unauthorised acts which result in the release or release of radioactive waste. Substances can lead. ² The first sentence shall apply to the handling of radioactive substances and to the transport of radioactive substances. ³ The competent authority shall inform the applicant in writing that a verification of assurance is not carried out. (6) ¹ The competent authority shall be subject to a verification of assurance if it is proved that a person has been subject to an equal or higher quality review in accordance with other legislation over the last five years , the review shall continue to apply at the time of submission of the application and there is no doubt as to the reliability. ² (7) For the purposes of this Regulation, the provisions of the third sentence shall apply:

1.

Internal security: the area of safety-related systems or components, or significant quantities of radioactive substances, for reasons of nuclear safety or radiation protection against interference or other -to monitor the effects of third parties and to protect them by means of organisational, personnel, structural and other technical measures;

2.

outer securing area: area which encloses the inner security area and which is bounded to the outside by access barriers and technical detection devices.

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§ 2 Categories of reliability verification

The scope of the access authorization or the responsibility shall be determined in accordance with § 5

1.

a comprehensive assurance review (category 1),

2.

extended reliability review (category 2), or

3.

A simple reliability check (category 3)

carried out. Unofficial table of contents

§ 3 Reliability reviews

(1) ¹ A comprehensive check on reliability must be carried out for the following persons:

1.

Applicants or marketing authorisation holders in an approval or planning procedure, their legal representatives, legal entities or non-legal persons ' associations which are required to act according to the law, the articles of association or the social contract Representation or Management Authorised,

2.

Persons responsible for the establishment, management or supervision of the establishment or its decommissioning by virtue of its function or activity and its representatives,

3.

After or for the fulfilment of provisions of the Atomic Energy Act or of a decree issued pursuant to the Atomic Energy Act and their representatives,

4.

Members of the Property Management Service and

5.

Operating personnel who perform work unattended during service operation in the inner security area on system parts to be protected or on security systems.

² Where, in the case of the first sentence of the first sentence, the applicant or the marketing authorisation holder is a capital company whose representative body is composed of several members, or a civil society in which several persons entitled to represent the rights of representation are: The competent authority may have the obligation to verify the reliability of the person carrying out the duties of the person responsible for radiation protection and other persons responsible for the installation or establishment. (2) An extended reliability check is for people , which shall be eligible for access to the internal and external protection areas and which do not belong to the group of persons referred to in paragraph 1. (3) A simple check of assurance shall be carried out in respect of persons who are solely responsible for: to the external protection area and which do not belong to the group of persons referred to in paragraph 1. (4) ¹ Notwithstanding the first sentence of Article 1 (5), and by way of derogation from paragraphs 1 to 3, the competent authority may, by way of derogation from paragraphs 1 to 3, carry out a reassurance of assurance in a lower category if the risk associated with the installation is low, that a person is committing unauthorised acts which may result in the decontamination or release of radioactive substances. ² The first sentence shall apply to the management of radioactive substances and to the transport of radioactive substances. (5) In the case of persons who cannot be clearly assigned to the persons referred to in paragraphs 1 to 3, and in the case of persons who are Installations or facilities which are not divided into an internal and external protection area shall be decided on the assignment, taking into account the nature of the installation, in particular the nature and quantity of the installation. radioactive substances, the nature of the activity, the extent of the radioactive substances, the right to access and the responsibility of a person; in the case of the transport of radioactive substances, packaging and means of transport must also be taken into account. Unofficial table of contents

§ 4 (omitted)

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§ 5 Measures in the individual verification methods

(1) In the case of the comprehensive assurance review in accordance with Article 3 (1), the competent authority shall take the following measures:

1.

verification of the identity of the person concerned, including a comparison of the information on a copy of the identity card, passport or register of persons with the information referred to in the third sentence of Article 6 (3), points 1 and 3,

2.

Requests for information from the criminal records of the last ten years at the Federal Criminal Police Office and at the State Criminal Police Offices, in the area of which the person concerned is responsible for his/her main residence during this period, in the alternative to his/her habitual residence,

3.

Requests for information from the personal data file in the police information system at the federal level and from the police state protection files to the responsible police enforcement authorities of the federal and state governments,

4.

Request for information from the intelligence information system at the competent constitutional protection authority; the competent authority for the protection of the constitution is the state authority for the protection of the constitution, in the area of which the authority responsible for the the competent authority responsible for the verification of reliability,

5.

to the extent necessary in individual cases, requests for information from the files of the Military Shielding Service, the Federal Intelligence Service and the Customs Crime Office on existing findings relevant to the assessment of the reliability,

6.

Request to the Federal Commissioner for the documents of the State Security Service of the former German Democratic Republic in order to establish a full-time or unofficial activity of the person concerned for the State Security Service of the State Security Service of the former German Democratic Republic The German Democratic Republic, where the person concerned was born before 1 January 1970 and there is evidence, in particular on the basis of the findings obtained under points 1 to 5, 7 and 8, for such activity,

7.

Collection of unrestricted information from the Federal Central Register and

8.

in the case of a foreign person concerned, where necessary on a case-by-case basis, a request for the transmission of data from the Central Register of Foreigners and the request to the relevant immigration authority for existing, for the assessment of the reliability significant findings.

(2) In the case of extended reliability checks in accordance with Article 3 (2), the competent authority shall take the following measures:

1.

Requests for information from the criminal records of the last five years at the Federal Criminal Police Office and the Landeskriminalämtern, in which the person concerned is responsible for his/her main residence during this period, in the alternative to his/her habitual residence, and

2.

Measures referred to in points 1, 3 to 5, 7 and 8 of paragraph 1.

(3) In the case of the simple verification of reliability referred to in Article 3 (3), the competent authority shall take the following measures:

1.

Requests for information from the criminal records of the last five years at the Federal Criminal Police Office and the Landeskriminalämtern, in which the person concerned is responsible for his/her main residence during this period, in the alternative to his/her habitual residence, and

2.

the measures referred to in points 1, 3 and 4 of paragraph 1.

(4) ¹ If a person concerned has failed to stay in the country for the whole period of assessment and cannot therefore be sufficiently reliable, the competent authority may, as a matter of replacement, be able to communicate a communication on the reliability of , and that

1.

an inviting German authority,

2.

an authority of the country of residence,

3.

a German Chamber of Foreign Trade in the country of residence,

4.

of a foreign company, or

5.

of the employer or servant thereof the assessment period.

² The applicant should submit additional documents to confirm the communication. (5) In order to verify the reliability in the cases referred to in the first sentence of Article 1 (2), the competent authority shall only be subject to a certificate of conduct for the authorities in accordance with Article 30 (5). (6) In the case of actual indications of doubt as to the reliability of the person concerned, the competent authority may additionally carry out measures pursuant to Section 12b (4) of the Atomic Energy Act. Unofficial table of contents

§ 6 Procedure

(1) ¹ The dependability of the person concerned shall be reviewed prior to the commensuration of the proposed activity or prior to the entry into the facility or establishment, upon request by the competent authority. ² Applicants are entitled to apply for approval or planning procedures or licence holders in supervisory procedures that apply to installations or activities in accordance with § § 4, 6, 7, 9 or § 9a (3) of the Atomic Energy Act or in accordance with § § 7, 11 or 16 of the Radiation Protection Regulation. ³ If the holder of an authorisation pursuant to § 4 of the Atomic Energy Act or a permit for the transport of major sources within the meaning of Section 23 (2) of the Atomic Energy Act, a third party shall carry out a third party tasks which are to be fulfilled by a third party in the authorisation to perform , the third party shall also be entitled to an application. ⁴ For experts in accordance with Section 12b (1), first sentence, point 4 of the Atomic Energy Act, the verification of the dependability of the person concerned shall be initiated by the competent authority. (2) ¹ The person entitled to submit an application shall have the competent authority responsible for an explanatory statement filled out by the person concerned. ² Before handing out the declaration to the person concerned, the person entitled to the claim shall indicate the operational position or the intended use of the person concerned, as well as the inspection category provided for. (3) ¹ The verification of the reliability shall require the prior consent of the person concerned on the explanatory statement. ² The personnel data of the person concerned required for verification must be given in full and truthfully on the explanatory statement. ³ The necessary personnel data shall include:

1.

personal data within the meaning of Section 12b (7), second sentence, of the Atomic Energy Act; the indication of the names also includes different spellings,

2.

Residences and stays of a longer duration than three months in the last 10 years prior to the reliability check referred to in § 3 (1) or in the last five years prior to the verification of assurance pursuant to § 3 (2) or (3), indicating the exact duration (month and year), the address and the federal state or state,

3.

the number of the identity card or passport; in the case of a passport or a register of a foreign person, the name of the paper and the issuing authority,

4.

the name and address of the current employer or service provider;

5.

in the last five years, in accordance with the provisions of this Regulation, the reliability checks carried out or the name of the installation or establishment or the name of the transporter.

⁴ The person concerned may, on the explanatory statement, declare his agreement to the effect that the result of his/her verification of reliability under Section 7 (4) may be passed on to other persons entitled to the application in respect of which his/her work is also intended. ⁵ If changes in the name or nationality of the person concerned are known to the applicant, he shall notify the amendments to the competent authority, which shall inform the competent authority pursuant to Article 12b (7), first sentence, of the Atomic Energy Act for the follow-up report responsible authorities. (4) ¹ Before applying for a verification of assurance, the person concerned shall be the person concerned with the aim and nature of the intended reliability check, the extent of the collection and processing of data and the right to carry out a verification of reliability. To refuse reliability review proceedings, in addition to consequences for the admission of the respective activity or for the design of the access to the respective facility or facility in writing to lecture. ² The person concerned has to confirm his or her knowledge of the written information on the explanatory statement by signature. (5) The competent authority shall give the person concerned, in particular questions relating to the person concerned, to the person concerned. Federal Central Register Act, as well as an official form for the explanatory statement. Unofficial table of contents

Section 7 Completion of the verification of reliability

(1) ¹ The competent authority shall assess the information submitted on the basis of an overall assessment of the individual case, in particular with regard to the activity envisaged, based on the purpose of Section 12b (1) sentence 1 of the Atomic Energy Act. ² The findings shall be used to assess the facts of the facts which have taken place

1.

in the case of a verification of reliability in accordance with § 3 (1) within the last ten years, and

2.

in the case of a confidence check in accordance with § 3 (2) or (3) within the last five years.

³ Information on matters which have been left over longer shall be taken into account only if, on account of their specific nature and scope, they are likely to significantly increase the reliability of the person concerned and to protect the general public Their consideration is mandatory. (2) ¹ Doubts as to the reliability may arise in particular from the fact that the person concerned has been convicted of a criminal offence committed during the assessment period, which is based on the specific findings or in the case of the person concerned. (i) the experience of a behaviour which could lead to a risk to the nuclear safety of the installation concerned or to the handling of radioactive substances or to the transport of radioactive substances. ² Doubts as to the reliability may in particular be considered in the case of:

1.

membership of organisations, action groups or groupings within the meaning of Section 3 (1) (1), (3) or (4) of the German Federal Constitutional Protection Act or their support,

2.

Circumstances justifying the assumption that the person concerned tends to be politically motivated by violence,

3.

mental illness or mental weakness,

4.

Suspicion of alcohol or narcotic addiction,

5.

circumstances in which such an over-indebtedness of the person concerned indicates that he is no longer able to fulfil his current financial obligations; or

6.

the imposition of a fine for violation of the provisions of the Atomic Energy Act, the Law on the Control of Weapons Of War, the Law on the Carriage of Dangerous Goods, the Weapons Act, the Law of the Armed Forces Act, the Law on Explosives or the Explosives Act, or a legal regulation adopted pursuant to these laws.

(3) The following findings shall be taken into account only if, in the context of an overall assessment of all the findings of the competent authority, they are of decisive importance in order to be able to assess the reliability of the person concerned:

1.

a conviction for a single offence for which a fine of less than 90 days or a term of imprisonment of less than three months has been imposed, unless it is a final conviction for the purpose of: Violation of the provisions of the Atomic Energy Act, the Law on the Control of War Weapons, The Law On The Transport Of Dangerous Goods, the Weapons Act, the Law of the Weapons Act, the Explosives Act, or any of these laws. , acts as a result of

2.

Ongoing or discontinued investigation procedures or criminal proceedings without trial,

3.

Findings from the question referred to in Section 5 (1) (6),

4.

Contacts to foreign intelligence services,

5.

Facts which may be used for extortion by third parties, or

6.

repeated infringements of operational rules.

(4) If the competent authority comes to the conclusion that there is no doubt as to the reliability of the person concerned, it shall inform the applicant in writing of this. (5) ¹ If the competent authority comes to the conclusion that, on the basis of the information obtained, there are doubts as to the reliability, it shall inform the person concerned and shall give him the opportunity, before the final decision, to become the result of the To give an opinion. ² Paragraph 4 shall apply if the doubts of the competent authority are not maintained in the reliability of the reliability of the competent authority. ³ If, following the decision of the competent authority, the concerns remain against the reliability of the person concerned, it shall inform the person concerned in writing, without giving reasons and to the person concerned, in writing, stating the reasons for the decision. with. (6) ¹ If, after completion of the review, the competent authority is aware of facts from which there may be doubt as to the reliability of a person established in accordance with paragraph 4, the competent authority may, on its own account, be re-established before the expiry of the period of validity. Check or conduct other investigations into reliability. ² Where the person concerned is aware of the facts from which there is a doubt as to the reliability of a person established in accordance with paragraph 4, he shall be obliged to inform the competent authority without delay. ³ If the re-examination or the other investigations lead to doubts as to the reliability of the person concerned, the competent authority shall inform the applicant accordingly. ⁴ Paragraph 5 shall apply. (7) If changes in the name or nationality of a person whose reliability has been established in accordance with paragraph 4 are known to the applicant, he shall communicate the amendments to the competent authority; shall inform the authorities responsible for the post-report pursuant to Section 12b (7), first sentence, of the Atomic Energy Act. Unofficial table of contents

§ 8 Period of validity; repeat check

(1) ¹ If the competent authority decides in accordance with Article 7 (4), the verification of assurance shall be valid for five years; in individual cases, the competent authority may determine a shorter period of validity. ² The period of validity shall begin on the date of the decision of the competent authority. (2) If a re-examination has been requested not later than three months before the expiry of the previous review, the reliability shall be valid until the date of expiry of the previous review. Decision of the competent authority on the outcome of the re-examination as proven. (3) The concerns raised against the reliability of the person concerned in accordance with Article 7 (5) sentence 3 may be renewed, a renewed request for the implementation of a Reliability verification of the same or a higher category only where the period of not more than five years has elapsed from the competent authority on a case-by-case basis, taking into account the available evidence. Unofficial table of contents

Section 9 Access control; taking up of activities

(1) Unless otherwise provided in paragraphs 2 to 5, the person entitled to claim the right to take up the activity or access to the facility or establishment shall not be allowed to enter the activity or establishment until the basis of a communication pursuant to § 1 (5). (2) In the cases referred to in the first sentence of Article 7 (6), the competent authority may prohibit the person entitled to claim the application until the conclusion of the re-examination of the reliability or of the other investigations which have been carried out by the competent authority. (a) concerned the taking up of the activity envisaged, the continued pursuit of the activity or the Access to the facility or facility to be granted. (3) ¹ In the cases referred to in the first sentence of Article 1 (4), the applicant shall ensure that the person who is not checked is constantly accompanied by a person who has been checked and who is particularly certain of him. ² The person entitled to claim shall submit the following in writing:

1.

the justification that the activity must be taken up immediately or that the entry must be immediately granted,

2.

the designation of the areas concerned,

3.

the list of activities carried out; and

4.

the information within the meaning of Section 12b (7), second sentence, of the Atomic Energy Act to the unchecked person.

³ The documents shall be kept for six months and shall be submitted to the competent authority upon request. ⁴ In the cases referred to in the second sentence of § 1 (4), the sentences 1 to 3 shall apply in accordance with the proviso that only the purpose of the access and the particulars relating to the unchecked person shall be laid down in writing. (4) For a person who is responsible for the reasons of In accordance with Article 3 (2), a comprehensive assurance review pursuant to § 3 (1) may be applied for, the competent authority may, before the end of the comprehensive assurance review, apply to: to provisionally allow the requested activity. (5) Regulations in the approval certificate or Orders of the competent authority shall remain unaffected insofar as they further restrict the access authorization. (6) ¹ The competent authority shall decide on the access of experts in accordance with Section 12b (1), first sentence, point 4 of the Atomic Energy Act, which are not subject to review. ² The provisions of the first sentence of paragraph 3 shall apply accordingly. Unofficial table of contents

§ 10 Transitional Regulation

The reliability checks requested before 1 July 2010 shall be completed in accordance with the law in force until that date. Unofficial table of contents

§ 11 (omitted)

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Final formula

The Federal Council has agreed.