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

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.

Regulation on the verification of reliability to protect against the release or release of radioactive substances under the Atomic Energy Act (Atomic Energy Reliability Check-Regulation-AtZüV)

Non-official Table of Contents

AtZüV

Date of expiry: 01.07.1999

Full quote:

" Nuclear reliability review regulation of 1. July 1999 (BGBl. 1525), as last amended by Article 1 of the Regulation of 22 June 2008. June 2010 (BGBl. I p. 825) "

:Last modified by Art. 1 V v. 22.6.2010 I 825

For details, see the Notes

Footnote

(+ + + text evidence from: 1.8.1999 + + +) menu

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

Inbox formula

Based on the first sentence of § 12 (1) Nos. 10 and 11 and § 12b (2) in Connection with paragraph 1, respectively in connection with § 54 (1) sentence 1 and 2 sentence 1 of the Atomic Energy Act, as amended by 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 decrees: Non-official table of contents

§ 1 Scope of application; definitions

(1) 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) 1A 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 shall only be required if the competent authority requires the review, because the protection against unauthorised activities which may result in the decontamination or release of radioactive substances shall be subject to review . 2Sentence 1 shall not apply to the carriage of major 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 area whose activity exceeds the activity value of 1 000 Terabecquerel.(3) A verification of reliability shall not be required if a person under this Regulation has already carried out a review in the same or a higher category within the meaning of section 2 and this review pursuant to Article 8 (1) of this Regulation shall continue to apply.(4) 1A reliability check cannot be performed if a person is to carry out inexorable work for which no checked-out persons are available. 2A reliability check is not required if a person is to be given access to an asset or facility for a short period of time, usually a maximum of one day.(5) 1The 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 a theft or loss of Release of radioactive substances. 2Sentence 1 shall apply to the handling of radioactive substances and to the transport of radioactive substances. 3The competent authority shall inform the applicant in writing that there is no assurance that the verification is carried out.(6) 1The competent authority shall be subject to a verification of assurance if it is proved that a person has an equal or higher quality check in accordance with other legislation within the last five years. years, the review will continue to apply at the time the application was submitted and there was no doubt as to the reliability of the application. 2Paragraph 5, sentence 3 shall apply accordingly.(7) For the purposes of this Regulation,
1.
internal security area: area with safety-related significant systems or components, or with significant quantities of radioactive substances, to be monitored, for reasons of nuclear safety or radiation protection, against interference or other effects of third parties, and by organizational, human, constructional and other technical measures to be protected;
2.
external security area: area enclosing the internal security area and which is bounded to the outside by access barriers and technical detection equipment.
Non-official table of contents

§ 2 Categories of Reliability Verification

The scope of the access authorization or responsibility shall be determined in accordance with § 5
1.
a full confidence check (category 1),
2.
an extended Confidence check (category 2) or
3.
a simple reliability check (category 3)
performed. Unofficial table of contents

§ 3 Reliability checks

(1) 1A comprehensive reliability check is to perform the following person:
1.
Applicant or licensee in an approval or approval certificate. Planning procedures, their legal representatives, in the case of legal persons or non-legal persons associations which are entitled to representation or management pursuant to the law, the articles of association or the social contract,
2.
Responsible for the establishment, management or supervision of the operation or its decommissioning due to its function or activity and its representative,
3.
after or for the fulfillment of regulations of the Atomic Energy Act or of a decree issued under the Atomic Energy Act and their representatives,
4.
Members of the Object Backup Service and
5.
Deployment personnel in the performance during the performance
2If the applicant or the marketing authorisation holder is a capital company in the case of the first sentence of sentence 1, the applicant or the holder of the licence shall be entitled to whose representative body is composed of a number of members, or a civil society in which there are a number of members who are authorised to represent them, the competent authority may have the obligation to verify the reliability of the to the person who carries out the duties of the person responsible for radiation protection and other persons responsible for the installation or establishment.(2) An extended verification of assurance shall be carried out in respect of persons who are to be entitled to access the internal and external security areas and who do not belong to the group of persons referred to in paragraph 1.(3) A simple verification of assurance shall be carried out in respect of persons who are to be entitled exclusively to the external protection area and who do not belong to the group of persons referred to in paragraph 1.(4) 1Without prejudice to Article 1 (5), first sentence, 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 confidence check in a lower category if that is the case with the installation. there is a low risk of a person committing unauthorised acts which may result in the release or release of radioactive substances. 2Sentence 1 shall apply to the handling 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 persons who are to be admitted to installations or facilities not in an internal and external security area, is to be decided on the allocation, taking into account the nature of the installation, in particular the nature and quantity of the radioactive substances contained therein, as well as the nature of the activity, the scope of the access authorisation and the nature of the radioactive substances. Responsibility of a person; in the case of the transport of radioactive materials, packaging and means of transport must be taken into account. unofficial table of contents

§ 4 (omitted)

unofficial Table of contents

§ 5 Measures for each type of inspection

(1) The competent authority shall take the following measures in the comprehensive assurance review in accordance with Article 3 (1):
1.
Check the identity of the person concerned; to this end, a comparison of the information on a copy of the Identity card, passport or register of register with the information according to § 6 (3) sentence 3, number 1 and 3,
2.
Questions 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 whose area of responsibility the person concerned had his main residence, on the other hand, his habitual residence,
3.
Requests for information from the police information file in the police information system at the federal level and from the police state protection files to the responsible Federal and State police law enforcement authorities,
4.
Request for information from the intelligence information system at the relevant constitutional protection authority; The competent authority for the Protection of the Constitution shall be the competent authority for the protection of the Constitution, which shall have its seat in the competent authority responsible for the verification of assurance,
5.
insofar as required 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 ones, for the assessment of the reliability of significant findings,
6.
Request to the Federal Commissioner for the documents of the State Security Service of the former German Democratic Republic for the purpose of establishing a full-time or unofficial activity of the person concerned for the State Security Service of the German Democratic Republic, if the person concerned is before the 1. It was born in January 1970 and there was evidence, in particular on the basis of the findings obtained under points 1 to 5, 7 and 8, for such an activity,
7.
Pick up an unrestricted information from the Federal Central Register and
8.
at a foreign Persons concerned, where necessary in individual cases, requests for the transmission of data from the Central Register of Foreigners and requests to the relevant immigration authority for existing, relevant for the assessment of the reliability of the data Findings.
(2) In the extended reliability review in accordance with Section 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 at the Landeskriminalämtern, in the area of responsibility of the affected persons during that period, his principal residence, in the alternative his habitual residence, and
2.
The measures referred to in paragraph 1, points 1, 3 to 5, 7 and 8.
(3) The following measures shall be taken by the competent authority:
1.
Requests for information from the criminal records of the last five years at the Federal Criminal Police Office and at the Landeskriminalämtern, in the area of responsibility of the affected persons This period shall be its principal place of residence, in the alternative of its habitual residence, and
2.
The measures referred to in paragraph 1, points 1, 3 and 4.
(4) class="Rec"> 1If a person concerned has failed to stay within the country during the entire assessment period, and if it cannot be sufficiently verified, the competent authority may, as a matter of fact, notify a communication on the Recognize reliability,
1.
an inviting German authority,
2.
a residence state authority,
3.
of a German Chamber of Commerce in the Residence State,
4.
of a foreign company or
5.
of the employer or Dientherrn during the assessment period.
2The applicant is to 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 can only submit a certificate of management for authorities pursuant to Section 30 (5) of the Federal Central Register Act.(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 in accordance with Section 12b (4) of the Atomic Energy Act. Unofficial Table Of Contents

§ 6 Procedure

(1) 1The dependability of the person concerned is prior to the inclusion of the intended To verify the activity or prior to entry to the facility or establishment on request by the competent authority. 2Applicants are entitled to apply for approval or planning approval procedures or licence holders in supervisory procedures relating 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 Ordinance. 3The holder of an authorisation pursuant to § 4 of the Atomic Energy Act or a permit for the carriage of major sources within the meaning of Article 23 (2) of the Atomic Energy Act shall carry out a third party tasks which shall be carried out in the authorisation to comply with The third party is also entitled to claim a third party. 4For experts in accordance with Section 12b (1), first sentence, point 4 of the Atomic Energy Act, the verification of the reliability of the person concerned shall be initiated by the competent authority.(2) 1The competent authority shall forward an explanatory statement completed by the person concerned to the competent authority. 2Before 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 and the inspection category provided for.(3) 1The verification of the reliability shall require the prior consent of the person concerned on the explanatory statement. 2The personnel data required for verification by the person concerned must be given in full and truthful on the explanatory statement. 3The required personnel data include:
1.
Personals as defined in § 12b Paragraph 7, second sentence, of the Atomic Energy Act; the name of the name shall also include non-reference writing,
2.
residences and stays of longer duration than three months in the for the last 10 years prior to the verification of assurance as referred to in Article 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.
ID or passport number; in the case of a passport or a register of a foreign person, the name of the paper and the passport the issuing authority,
4.
Name and address of the current employer or servant's office,
5.
in the last five years following this Regulation or ongoing reliability reviews and the name of the facility or facility or the name of the Transporter.
4The person concerned may, on the explanatory statement, declare his consent that the result of his/her assurance review pursuant to Section 7 (4) may be passed on to other persons entitled to claim, in respect of which the person concerned is entitled to its operation is also intended. 5If 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. Post-report authorities.(4) 1Before applying for a verification of assurance, the person concerned shall be the person concerned by the person entitled to claim the purpose and nature of the intended reliability check, the extent of the data collection and processing, and the extent to which the person concerned is entitled to Right to refuse to carry out a proof-of-assurance procedure, in addition to the consequences for the admission of the respective activity or for the congesting of the access to the respective facility or establishment in writing to lecture. 2The person concerned has to confirm his or her knowledge of the written instruction on the explanatory statement by signing.(5) The competent authority shall provide an official form for the information of the person concerned, in particular questions concerning the Federal Central Register Act, as well as for the explanatory statement. unofficial table of contents

§ 7 Verification of reliability verification

(1) 1The competent authority shall evaluate the submitted Findings on the basis of an overall statement of the individual case, in particular with regard to the planned activity, based on the purpose of Section 12b (1) sentence 1 of the Atomic Energy Act. 2The evaluation will use the findings on facts that have been obtained
1.
in case of a reliability check in accordance with § 3, paragraph 1, within the last 10 years and
2.
a reliability check in accordance with § 3 (2) or (3) within the last five years.
3findings on issues that are lax longer are to be taken into account only if, because of their particularity and the extent to which they are likely to significantly enhance the reliability of the person concerned and to ensure that the protection of the general public is mandatory.(2) 1A doubt as to the reliability may arise in particular from the fact that the person concerned has been convicted of a criminal offence committed within the assessment period, which is based on the specific nature of the offence. To provide information or experience with a behaviour which risks endangering the nuclear safety of the installation concerned or the handling of radioactive substances or the transport of radioactive substances could. 2Reliability doubts can also be considered in particular at
1.
Membership in organizations, action alliances or groupings within the meaning of Section 3 (1) (1), (3) or (4) of the Federal Constitutional Protection Act (Bundesverfassungsschutzgesetz) or its Support,
2.
circumstances justifying the assumption that the person concerned is prone to politically motivated use of force,
3.
mental illness or mental weakness,
4.
Suspicion of alcohol-or on 5
circumstances that indicate such an overindebtedness of the person concerned that he no longer meet his current financial obligations. , or
6.
Imposing a fine for violating the provisions of the Atomic Energy Act, the War Weapons Control Act, the Law on the transport of dangerous goods, the Weapons Act, the Law of the Armed Forces Act, the Explosives Act or a regulation adopted pursuant to these laws.
(3) The following findings must be taken into account only if they are included in the framework of the an overall assessment of all the findings of the competent authority shall be relevant in order to assess the reliability of the person concerned:
1.
a conviction for a single offence, for which a fine of less than ninety days or a term of imprisonment of less than three months has been imposed, unless it is a final conviction 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 The law of the Explosives Act, the Explosives Act, or a legal decree adopted pursuant to these laws,
2.
Current or discontinued investigation or investigation procedures, or Criminal proceedings without court conviction,
3.
Knowledge from the request according to § 5, paragraph 1, point 6,
4.
Contacts to foreign intelligence services,
5.
Facts that are used to blackmail by third parties , or
6.
repeated violations of operating rules.
(4) The competent authority comes to the conclusion that there is no doubt about the reliability of the person concerned, it shall inform the applicant in writing.(5) 1If the competent authority comes to the conclusion that there are doubts as to the reliability of the information obtained, it shall inform the person concerned and give it the opportunity to do so before the final decision; to comment on the outcome of the examination. 2If the doubts of the competent authority are not maintained in terms of reliability, paragraph 4 shall apply. 3After the decision of the competent authority, the concerns continue to be raised against the reliability of the person concerned, it shall inform the applicant in writing, without giving reasons and to the person concerned, in writing. Indication of reasons.(6) 1When the competent authority is aware of facts after completion of the review which may give rise to doubts as to the reliability of a person established in accordance with paragraph 4, the competent authority may, on its own account, before the expiry of the Period of validity shall cause a re-examination or any other investigation into reliability. 2Where evidence of a person's reliability as determined in accordance with paragraph 4 is known to the applicant, he shall be obliged to inform the competent authority without delay. 3If the re-examination or any other investigation into doubt is due to the reliability of the person concerned, the competent authority shall inform the person entitled to request it. 4Paragraph 5 shall apply accordingly.(7) Where 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, which shall inform the competent authority pursuant to Section 12b of this Regulation. Paragraph 7, first sentence, of the Atomic Energy Act to the post-report authorities. Non-official table of contents

§ 8 Period of validity; repeat check

(1) 1The competent authority decides in accordance with § 7 (1) (1) of the German law. 4, the verification of reliability shall be valid for five years; in individual cases, the competent authority may determine a shorter period of validity. 2The period of validity shall begin with the date of the decision of the competent authority.(2) If a re-examination has been requested no later than three months before the expiry of the previous review, the reliability shall be valid until the decision of the competent authority on the outcome of the reexamination as proven.(3) If the concerns are continued against the reliability of the person concerned in accordance with Article 7 (5) sentence 3, a renewed request for the implementation of a reliability review of the same or a higher category may be submitted only if the request from the person concerned is competent authority on a case-by-case basis, taking into account the available information, has expired for a maximum period of five years. Non-official table of contents

§ 9 Access Control; Activity intake

(1) Unless otherwise indicated in paragraphs 2 to 5, the The person concerned shall only grant the person concerned the admission of the intended activity or access to the facility or establishment on the basis of a notification in accordance with § 1 (5) sentence 3, § 1 (6) sentence 2 or § 7 (4).(2) In the cases referred to in the first sentence of Article 7 (6), the competent authority may, pending the conclusion of the re-examination of assurance or other investigations, prohibit the person concerned from taking up the proposed activity, which shall: to continue to carry out the activity or to enter the facility or body.(3) 1In 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 especially certain by him. 2The application entitled shall submit the following in writing:
1.
the justification
2.
the name of the areas under control,
3.
the list of activities performed and
4.
the information within the meaning of § 12b (7) sentence 2 of the Nuclear Act to the unchecked person.
3The documents shall be kept for six months and shall be submitted to the competent authority upon request. 4In 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) Where a full assurance review in accordance with Article 3 (1) is requested for a person who may act on the basis of an extended assurance review pursuant to § 3 (2), the competent authority may, before the conclusion of the to provisionally allow for the assurance of the activity requested.(5) Regulations in the approval notice or orders of the competent authority shall remain unaffected insofar as they further restrict access authorization.(6) 1The competent authority shall decide on the access of experts pursuant to Section 12b (1), first sentence, point 4 of the Atomic Energy Act, which are not subject to review. 2(3) sentences 1 to 3 shall apply accordingly. unofficial table of contents

§ 10 transitional rule

reliability checks that are before the 1. In the case of the Commission, the Commission and the Commission shall, in accordance with the provisions of this Regulation, have the right to unofficial table of contents

§ 11 (omitted)

unofficial Table of Contents

Final formula

The Federal Council has agreed.