Regulation on advance payments for the establishment of federal plants for the purpose of ensuring the disposal of radioactive waste (end-of-storage Ordinance-EndlagerVlV)

Unofficial table of contents

EndlagerVlV

Date of completion: 28.04.1982

Full quote:

" Final Bearing Ordinance of 28 April 1982 (BGBl. 562), as last amended by Article 1 of the Regulation of 6 July 2004 (BGBl I). I p. 1476).

Status:

Last amended by Art. 1 V v. 6.7.2004 I 1476

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof applicable: 1.12.1986 + + +) 

  

Unofficial table of contents

Input formula

Pursuant to section 21b (3) in conjunction with § 54 of the Atomic Energy Act, as amended by the 31. October 1976 (BGBl. 3053), of which § 21b (3) by law of 20 August 1980 (BGBl. 1556) and § 54 has been amended by the same law, the Federal Government decrees with the consent of the Federal Council: Unofficial table of contents

§ 1 Collection of advance payments

In order to cover the necessary effort for installations for the disposal of radioactive waste, the Federal Office for Radiation Protection (Bundesamt für Strahlenschutz) in accordance with this Regulation shall make advance payments to the contributions to be paid in accordance with Section 21b of the Atomic Energy Act. Unofficial table of contents

§ 2 Pre-paid

(1) The advance payments shall be levied by the person who has been granted a permit pursuant to § § 6, 7 or 9 of the Atomic Energy Act or in accordance with § 7 of the Radiation Protection Ordinance if, on the basis of the approved activity with a seizance of radioactive waste to be delivered to a final storage facility. The obligation to advance payments shall also remain in place if a permit as provided for in the first sentence is no longer available, but because of the exploitation of the authorisation granted, radioactive waste which must be delivered to a final storage facility has been incurred. If, on the basis of an approved activity, radioactive waste has been produced in accordance with the first sentence and both a former marketing authorisation holder and a current marketing authorisation holder are required under the second sentence of the first sentence of the first sentence of the first sentence, these shall be liable to: (2) Authorisations in accordance with § 7 of the Radiation Protection Regulation shall not be taken into account when dealing with other radioactive substances in connection with an activity for which a permit has been approved in accordance with the Atomic Energy Act (3) No Landessammelstellen shall be notified of any (4) The collection of advance services may be waiver if, as a result of the activity of the plant in need of approval or the operation of the plant, only small quantities of radioactive waste with a lower specific nature Activity. Unofficial table of contents

§ 3 Type and extent of the expenditure

The advance services may be collected if the necessary effort has been incurred for

1.

plant-related research and development,

2.

the acquisition of land and rights;

3.

planning,

4.

the exploration,

5.

the maintenance of land and facilities,

6.

the construction, the enlargement and the renewal.

Unofficial table of contents

§ 4 Determination of the expenditure, collection procedures

(2) Before the beginning of each calendar year (assessment period), a cost calculation of the measures shall be drawn up for each calendar year (assessment period). this calendar year, the measures provided for and the calculation of costs shall be notified before the beginning of the calendar year to the forecasting obligation. During the current calendar year, the costs of the measures of this year will be updated and announced. The total amount of effort required will be determined in the following calendar year. (3) advance payments will be made

1.

at the beginning of the third quarter of the calendar year, at the level of the expenditure calculated in accordance with the first or second sentence of paragraph 2 for the current year (abatation),

2.

once the total necessary expenditure for the previous calendar year has been determined, the full amount shall be determined in accordance with the third sentence of paragraph 2.

In the case of the survey referred to in the first sentence of paragraph 1, payment shall be set out in accordance with the first sentence of the first sentence of paragraph 1, a payment paid too much shall be charged against the next discount as set out in the first sentence of the first sentence of 1 (1) or, with the consent of the person liable for advance payment, reimbursed Unofficial table of contents

§ 5 Advance notice

(1) The advance payments shall be made by means of communication. (2) In the explanatory statement of the advance performance certificate, it is necessary to carry out the necessary expenditure in the case of § 4 (3) sentence 1 no. 1 after the cost calculation or in the case of § 4 3 sentence 1 no. 2 in the period of assessment. The expenditure shall be broken down on the measures envisaged or implemented. It is necessary to specify how the proportion of the advance payment obligation is calculated in accordance with § 6. (3) (omitted) Unofficial table of contents

§ 6 Distribution of the expenditure

(1) The effort required shall be distributed as follows:

1.

for a repository for radioactive waste with negligible heat development

a)

64.4 per cent of those requiring advance payment to those who have been granted an authorisation pursuant to Section 7 (1) or (3) of the Atomic Energy Act for a nuclear fuel division with an electrical output of more than 200 megawatts,

b)

6 per cent of those requiring advance payment to which an authorisation has been granted in accordance with Article 7 (1) or (3) of the Atomic Energy Act for a plant for the processing of irradiated fuel elements with a capacity of up to 50 per year,

c)

29.6 per cent to those requiring advance payment to those who otherwise have been granted a permit pursuant to § 7 (1) or (3) of the Atomic Energy Act or a permit pursuant to § 6 or § 9 of the Atomic Energy Act or pursuant to § 7 of the Radiation Protection Ordinance,

2.

for a final storage facility for all types of radioactive waste

a)

96.5 per cent of those requiring advance payment to those who have been granted an authorisation pursuant to Section 7 (1) or (3) of the Atomic Energy Act for a nuclear fuel division with an electrical output of more than 200 megawatts,

b)

0.7 per cent to those requiring advance payment to which an authorisation has been granted in accordance with Article 7 (1) or (3) of the Atomic Energy Act for a plant for the processing of irradiated fuel elements with an output of up to 50 per year,

c)

2.8 percent to those requiring advance payment to which otherwise an authorisation has been granted in accordance with § 7 (1) or (3) of the Atomic Energy Act or a permit pursuant to § 6 or § 9 of the Atomic Energy Act or according to § 7 of the Radiation Protection Regulation.

(2) Before the distribution referred to in paragraph 1, the necessary expense shall be the sum of the costs and charges levied by the Landessammelstellen for the final storage in the year in question and paid to the Federal Office for Radiation Protection, as far as they are concerned. (3) In the case of the forecasting obligation referred to in points 1 (a) and (b) and 1 (2) (a) and (b) of paragraph 1, the expenditure shall be distributed according to the ratio of the performances of the installations concerned. To the extent that the advance obligation is based on a permit pursuant to Section 7 (3) of the Atomic Energy Act, the last approved benefit shall be used for the distribution. In the case of the forecasting obligation referred to in points (1) (c) and (1) (2) (c) of paragraph 1, the expenditure shall be based on the ratio of the total amount of and likely to be incurred by each of the preceding claims. radioactive waste to be delivered to a final storage facility. The determination of the data on the services referred to in the first sentence and the waste in accordance with the third sentence shall be 31 December of the previous year. (4) The distribution of the expenditure shall be reviewed at a distance of three years. In the event of significant deviations, an adjustment with effect shall also be carried out for the past by amending this Regulation. Unofficial table of contents

§ 7 Due date of the advance payments

The advance payment shall be due one month after the delivery of the advance performance certificate, unless partial payments are made. Unofficial table of contents

Section 8 Repayment of advance payments

(1) The advance payments shall be reimbursed if the authorisation referred to in § 2 (1) sentence 1 is no longer available and no radioactive waste has been incurred, which must be delivered to a final storage facility. In the case of reimbursement, the advance payments shall be discounted at 3 per cent above the basic interest rate in accordance with Article 247 of the Civil Code. (2) The expenses, including interest, which are no longer covered by the refund referred to in paragraph 1 shall be paid by the In accordance with § 6 (1) of this Regulation, the next advance notification of advance payment shall be made subject to the obligation to advance payment. (3) In the case referred to in the first sentence of paragraph 1, a refund shall not be paid if, by agreement between the two Persons entitled to reimbursement and to one or more persons liable for advance payment of the advance benefits to be reimbursable have been transferred with effect at the time of payment of the advance payments; the amount of advance benefits transferred shall be such as Pre-treatment. Unofficial table of contents

Section 9 Invoice of advance payments

The advance payments made pursuant to this Regulation shall be credited to contributions and advance payments made under a final settlement under Section 21b of the Atomic Energy Act. In doing so, the advance payments will be discounted by 3 percent over the discount rate of the Deutsche Bundesbank up to the 2001 tax period. The advance payments from the 2002 tax period will be discounted at 3 per cent above the base rate in accordance with Section 247 of the Civil Code. In doing so, the interest rate is added annually to the amount to be charged up to the amount to be charged up to the 2002 tax period. The resulting total interest from interest and interest rates up to the 2002 tax period, as well as the accrued interest from the 2003 tax period, will be added as a further necessary effort in addition to the necessary expenses listed in § 3. Contribution calculation included. Unofficial table of contents

§ 10 Prebenefits for expenditure incurred prior to the entry into force of the Regulation

Prepayments shall be made for the necessary expenses incurred as from 1 January 1977. The total expenditure for the period before the entry into force of this Regulation shall be determined in accordance with Article 4 and shall be levied for two-thirds after the entry into force of this Regulation. A third of this expenditure will be collected during the initial collection of advance payments for the expenditure resulting from the entry into force of this Regulation. Unofficial table of contents

§ 11 Tax periods 1977 to 2003

(1) The forecasts for the assessment periods 1977 to 2002 shall be recalculated by the Federal Office for Radiation Protection on the basis of this Regulation and shall be determined by an administrative act. To the extent that, in the case of advance payments required by them, the total amount of advance payments made by them for the 1977 to 2002 tax periods exceeds the re-calculated benefits calculated in accordance with the first sentence, this difference shall be non-remunerated by the Federal Office for Radiation protection within a period of five years, in five equal annual instalments, beginning in the calendar year 2005, to reimburse the advance payment. To the extent that, in the case of advance payments required by them, the total amount of advance payments made for the 1977 to 2002 tax periods is less than the re-calculated benefits calculated in accordance with the first sentence, this difference shall be provided by the Federal Office for Radiation protection within a period of five years, in five equal annual instalments, beginning in the calendar year 2005, to be levied by the former. (2) Paragraph 1 shall not apply to the expenditure necessary for the period 1991 to 1993. for the final storage of radioactive waste in Morsleben and under the It had been distributed in advance. The fixing of the advance payments made for this end-storage facility on the basis of the final storage requirements regulation, as amended on 12 July 1990, will remain valid until a definitive settlement is reached. (3) For the period of assessment 2003, the Advance payments in the calendar year 2004 pursuant to § 4 (1) and 2 (3) and (3) sentence 1 no. 2, and distributed the necessary expenses according to § 6. Unofficial table of contents

§ 12 Entry into force

(1) This Regulation shall enter into force on the day after the announcement. (2) At the same time as this Regulation enters into force, Section 7 (2) of the Costing Ordinance on the Atomic Energy Act of 17 December 1981 (BGBl. I p. 1457) in force. (3)