Regulation On Advance Payments For The Furnishing Of Facilities Of The Federal Government To Ensure And To The Final Disposal Of Radioactive Waste

Original Language Title: Verordnung über Vorausleistungen für die Einrichtung von Anlagen des Bundes zur Sicherstellung und zur Endlagerung radioaktiver Abfälle

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Regulation on advance payments in respect of the establishment of federal plants for the purpose of securing and disposal of radioactive waste (Final Inventory Ordinance-EndlagerVlV)

Non-official Table of Contents

EndlagerVlV

Date of Date: 28.04.1982

Full quote:

" End Storage Ordinance of 28. April 1982 (BGBl. 562), as last amended by Article 1 of the Regulation of 6 June 2008. July 2004 (BGBl. I p. 1476) "

:Last modified by Art. 1 V v. 6.7.2004 I 1476

See Notes

Footnote

(+ + + Text Proof: 1.12.1986 + + +)

for details.

unofficial table of contents

input formula

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

§ 1 Collection of benefits in advance

The Federal Office for Radiation Protection (Bundesamt für Strahlenschutz) in accordance with this Regulation shall collect advance payments to cover the necessary expenditure for installations for the disposal of radioactive waste according to § 21b of the German Federal Office for the Protection of Radioactive of the Atomic Energy Act. Non-official table of contents

§ 2 Advance payment obligation

(1) The prepayments are collected by the person who is authorised to do so pursuant to § § 6, 7 or 9 of the Atomic Energy Act or in accordance with § 7 of the Radiation Protection Ordinance if, due to the approved activity with a seizance of radioactive waste, which must be delivered to a final warehouse, it is to be expected. 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 licence holder and a current marketing authorisation holder are required under the second sentence of the first sentence of the first sentence, these shall be liable to: all-and-school-like.(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 an authorisation has been granted in accordance with the Atomic Energy Act referred to in paragraph 1 is.(3) No advance payments shall be made by the Landessammelstellen (Landessammelstellen).(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 low specific activity are obtained. Non-official table of contents

§ 3 Art and extent of the expense

The prepayments can be made if necessary effort has been made for
1.
Asset-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 erection, extension and renewal.
Table of contents

§ 4 Determination of the expense, survey procedure

(1) The necessary expenditure is to be determined and calculated individually for each installation according to the actual costs incurred.(2) Before the beginning of each calendar year (assessment period), a calculation of the cost of the measures planned for that calendar year shall be drawn up; the measures provided for and the calculation of costs shall be subject to the requirements of advance payment to be announced before the beginning of the calendar year. 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) In advance payments are levied
1.
at the beginning of the third quarter of the calendar year at the level of the following year: (2), first or second sentence, calculated for the current year (abatchment),
2.
after the total necessary expenditure of the previous calendar year has been determined,
in the case of the survey referred to in the first sentence of 1 (2), the payment in accordance with the first sentence of 1 (1) shall be set off, a payment which has been paid too much shall be charged against the next payment in accordance with the first sentence of the first sentence of 1 (1) or with the consent of the The non-interest-bearing shall be reimbursed in advance. Non-official table of contents

§ 5 Advance notice

(1) The pre-benefits are collected by the decision.(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 overall assessment period has been created. The expenditure shall be broken down on the measures envisaged or implemented. It shall be stated, as calculated in accordance with § 6, the proportion of the advance payment obligation.(3) (omitted) unofficial table of contents

§ 6 Distribution of expense

(1) The effort required is distributed as follows:
1.
for an end store for radioactive waste with negligible heat development
a)
to 64.4 percent to those who require approval pursuant to Section 7 (1) or Section 3 of the Atomic Energy Act for a nuclear fuel division with an electrical output of more than 200 megawatts has been granted,
b)
to 6 percent 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 an installation for the processing of irradiated fuel elements with an output of up to 50 per year,
c)
to 29.6 percent to those who require advance payment to those who otherwise have a permit pursuant to § 7 (1) or (3) of the Atomic Energy Act or a permit pursuant to § 6 or § 9 of the German Atomic Energy Act (§ 6) of the German Atomic Energy Act. Nuclear law or pursuant to § 7 of the Radiation Protection Ordinance,
2.
for a repository for all types of radioactive waste
a)
to 96.5 percent to those who require approval pursuant to § 7 para. 1 or Section 3 of the Atomic Energy Act for a nuclear fuel division with an electrical output of more than 200 megawatts has been granted,
b)
to 0.7 percent to those requiring advance payment of a power of up to 50 years per year for a plant for reprocessing irradiated fuel elements with a power of up to 50 per year, in accordance with Section 7 (1) or (3) of the Atomic Energy Act,
c)
up to 2.8 percent of those requiring advance payment to those who otherwise have a permit pursuant to § 7 (1) or (3) of the Atomic Energy Act or a permit pursuant to § 6 or § 9 of the German Atomic Energy Act (§ 6) of the German Atomic Energy Act.
(
)
the distribution referred to in paragraph 1, the amount of effort required shall be the sum of the amount in the year in question from the Landessammelstellen for the final storage. The costs and charges levied to the Federal Office for Radiation Protection shall be deducted if they are intended to cover the expenses in accordance with § 3.(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 of and likely to be incurred in the case of each of the preceding claims. radioactive waste to be delivered to a final storage facility. The reference to the data on the data on the services referred to in the first sentence and the waste after the third sentence is 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. Non-official table of contents

§ 7 Advance Payment Maturity

The advance payment is made one month after the delivery of the advance performance modest due, unless partial payments are made. Non-official table of contents

§ 8 Repayment of benefits in advance

(1) The benefits are to be reimbursed if the first sentence of § 2 (1) sentence 1 Authorisation is no longer available and no radioactive waste has been obtained, 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 Section 247 of the Civil Code.(2) The expenses, including interest, which are no longer covered on the basis of a refund pursuant to paragraph 1 shall be charged by the advance payment obligation in accordance with Section 6 (1) with the next advance notice of advance. The effort of the respective assessment period shall be distributed over the remaining advance payment obligations remaining during that period.(3) In the case referred to in the first sentence of paragraph 1, a refund shall not be paid if, by means of an agreement between the person entitled to reimbursement and one or more prepayment obligations, the advance benefits to be reimbursed shall be subject to the effect of the respective person concerned. The time of payment of the advance payments has been transferred; the amount of advance payments transferred shall be treated in the same way as own prepayments. Non-official table of contents

§ 9 Intakes of benefits in advance

The advance payments made pursuant to this Regulation shall be made on contributions and Advance payments made as part of a final settlement according to § 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 § 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. Non-official table of contents

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

advance payments shall be made for the 1. The necessary effort was made in 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. Non-official table of contents

§ 11 Assessment Periods 1977 to 2003

(1) The forecasts for the 1977 to 2002 tax periods are to be found on the The basis of this regulation is recalculated by the Federal Office for Radiation Protection and determined by administrative act. 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 exceeds the re-calculated benefits calculated in accordance with the first sentence, this difference shall be non-interest-free from 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 the Radiation protection within a period of five years, in five equal annual instalments, beginning in the calendar year 2005, to be levied by these forecasting obligations.Paragraph 1 shall not apply to the necessary expenditure for the final storage of radioactive waste in the years 1991 to 1993 and distributed among the forecasting requirements. The fixing of the final storage requirements for the final storage facility as amended by the 12. The amount of advance payments made in July 1990 shall remain valid until a definitive settlement is reached.(3) For the period of assessment in 2003, the advance payments in the calendar year 2004 shall be levied in accordance with § 4 (1) and (2) sentence 3 and subsection 3 sentence 1 no. 2 and shall be distributed in accordance with § 6. Non-official table of contents

§ 12 Entry into force

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