Law on the preventative protection of the population against radiation exposure (Radiation Protection Act-StrVG)

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StrVG

Date of completion: 19.12.1986

Full quote:

" Radiation Protection Act of 19 December 1986 (BGBl. 2610), as last amended by Article 1 of the Law of 8 April 2008 (BGBl I). 686) has been amended "

Status:

Last amended by Art. 1 G v. 8.4.2008 I 686

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 31.12.1986 + + +) 
(+ + + Changes due to EinigVtr cf.  § 11 + + +) 

  

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Input formula

The Bundestag, by a majority of its members and with the consent of the Bundesrat, has adopted the following law:

Section 1
General

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§ 1 Purpose

In order to protect the population,

1.

to monitor radioactivity in the environment,

2.

the exposure of persons to radiation and the radioactive contamination of the environment in the event of events involving possible non-insignificant radiological effects, taking into account the state of the art and taking into account all the circumstances to keep as low as possible through appropriate measures.

Section 2
Monitoring of environmental radioactivity

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§ 2 Tasks of the Federal Government

(1) Tasks of the Federal Government

1.

the large-scale investigation

a)

of radioactivity in air,

b)

of radioactivity in rainfall,

c)

of radioactivity in federal waterways and in the North Sea and Baltic Sea, outside the federal waterways and in marine organisms,

d)

the radioactivity on the soil surface, and

e)

the gamma dose rate,

2.

the development and determination of sampling, analysis, measurement and calculation methods, the implementation of comparative measurements and comparative analyses,

3.

the summary, preparation and documentation of the data determined by the Confederation and the data transmitted by the Länder and by bodies outside the scope of this Act,

4.

the drawing up of dissemination forecasts,

5.

the development and operation of decision support systems,

6.

the evaluation of the data of environmental radioactivity, insofar as they have been determined by the federal government or on behalf of the federal government by the Länder,

7.

the provision of data and documents referred to in points 1, 3, 4 and 5 for the countries and the information to be provided to the countries on the evaluation of the data referred to in point 6.

(2) The competent authorities of the Federal Government shall transmit the data they have determined in accordance with paragraph 1 (1) to the central office of the Federal Government for the monitoring of environmental radioactivity. (3) The power of the Länder to carry out further investigations of the Radioactivity in the areas referred to in paragraph 1 (1) shall remain unaffected. (4) The measuring points referred to in paragraph 1 (1) shall be determined by the Federal Government in consultation with the competent State authority. Unofficial table of contents

§ 3 Tasks of the Länder

(1) Countries shall identify the radioactivity, in particular:

1.

in foodstuffs, consumer goods and medicinal products and their starting materials,

2.

in feed,

3.

in drinking water, ground water and in above-ground waters other than federal waterways,

4.

in waste water, sewage sludge and waste,

5.

in the soil and in plants.

6.

(dropped)

(2) Countries shall transmit the data obtained in accordance with paragraph 1 to the central office of the Federal Government for the monitoring of environmental radioactivity. Unofficial table of contents

§ 4 Information system of the federal government

(1) The data determined in accordance with § § 2 and 3 shall be summarised in the integrated measurement and information system for the monitoring of environmental radioactivity (IMIS), which is operated by the Federal Office for Radiation Protection as the central office of the federal government. (2) The data collected in the information system referred to in paragraph 1 shall be available directly to the competent national authorities. Unofficial table of contents

§ 5 Evaluation of the data, information of the German Bundestag and the Federal Council

(1) The Federal Ministry for the Environment, Nature Conservation and Nuclear Safety evaluates the data of environmental radioactivity. The central office of the Federal Government for the monitoring of environmental radioactivity supports it in the performance of this task, in particular by the summary, preparation and documentation of the data. (2) The Federal Ministry for the Environment, A report on the development of radioactivity in the environment is to be reported once a year to the German Bundestag and the Federal Council, both nature conservation and nuclear safety.

Section 3
Measures

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§ 6 Determination of dose values and contamination values

(1) The Federal Ministry for the Environment, Nature Conservation and Nuclear Safety is authorized to achieve the purpose referred to in Section 1 (2) of this Regulation.

1.

dose values,

2.

contamination levels,

3.

Calculation methods and assumptions used for the determination of dose values and contamination values,

by means of a regulation to the extent that no dose or contamination levels are laid down in regulations of the European Communities. The legal regulations referred to in points 1 and 2 shall be adopted in agreement with the Federal Ministries of Health, Food, Agriculture and Consumer Protection and for the Economy and Technology. (2) Legal orders referred to in paragraph 1 shall be subject to the following: Approval of the Federal Council. If regulations do not yet exist or existing regulations are not appropriate to achieve the purpose mentioned in § 1 no. 2, in case of an event with a non-insignificant radiological impact, the need for urgent action can be Legal regulations are adopted without the consent of the Bundesrat and without the agreement of the federal ministries to be involved; they shall not enter into force no later than two months after their entry into force. The term of validity can only be extended by means of a legal regulation with the consent of the Federal Council and in agreement with the Federal Ministries to be involved. Legal regulations pursuant to the second sentence, which amend existing regulations, must be repealed without delay if the Federal Council requests it. Unofficial table of contents

§ 7 Prohibitions and restrictions on food, feed, medicinal products and other substances

(1) The Federal Ministry of Food, Agriculture and Consumer Protection can, in agreement with the Federal Ministries for the Environment, Nature Conservation and Nuclear Safety and for Economics and Technology, by means of a legal regulation to comply with the requirements of § § § 6 certain contamination levels

1.

the placing on the market of foodstuffs, tobacco products and subject-matter,

2.

the movement, by or out of the scope of this Act, of foodstuffs, tobacco products and supplies of goods,

prohibit or restrict it. The Federal Ministry of Health may, in agreement with the Federal Ministries for the Environment, Nature Conservation and Nuclear Safety, for Food, Agriculture and Consumer Protection, and for the Economy and Technology, by means of a legal regulation. Compliance with the contamination levels according to § 6

1.

the placing on the market of medicinal products and their starting materials,

2.

the placing of medicinal products and their starting materials in, through or out of the scope of this Act

(2) The Federal Ministry of Food, Agriculture and Consumer Protection can, in agreement with the Federal Ministries for the Environment, Nature Conservation and Nuclear Safety, and the Federal Ministry of Economics and Technology, by means of a legal regulation to comply with the contamination levels specified in § 6

1.

the feeding or placing on the market of feedingstuffs,

2.

the placing of feedingstuffs in, through or out of the scope of this Act

(3) The Federal Ministry for the Environment, Nature Conservation and Nuclear Safety can, in agreement with the Federal Ministries of Health, Food, Agriculture and Consumer Protection, and the Federal Ministry of Economics and Technology, by Legal regulation to comply with the dose values or contamination values determined in accordance with § 6

1.

prohibit or restrict the recovery of waste or the use of objects or other substances,

2.

the elimination of waste.

(4) Paragraph 6 (2) shall apply to the adoption of legal regulations pursuant to paragraphs 1 to 3. (5) In order to fulfil obligations arising from intergovernmental agreements or binding decisions of the European Communities, paragraphs 1 shall apply. to 4 shall apply accordingly. Unofficial table of contents

Section 8 Powers in international traffic

(1) The authorities responsible for the police control of international traffic are entitled to take the necessary measures to comply with the contamination values determined in accordance with § 6, in particular:

1.

to take measures to decontaminate vehicles and other things,

2.

to reject contaminated vehicles and other contaminated goods or to pass them on to the competent authorities for the implementation of the necessary measures.

They may also refer persons to the health protection requirements. (2) The customs offices are entitled to monitor the prohibitions and restrictions adopted pursuant to section 7 (1) (2) and (2) (2) of the second paragraph of Article 2 (2).

1.

goods consignments and their means of transport, containers, loading and packaging means in the event of their being held in, through or out of the scope of this Act,

2.

to inform the competent administrative authorities of consignments of goods,

3.

in the case of consignments of goods, that they are presented to the competent managing authority at the expense and risk of the person concerned.

Consignments of goods for which bans and restrictions pursuant to § 7 (1) (2) and (2) (2) no. 2 exist, may be rejected by the customs offices. (3) (omitted) Unofficial table of contents

§ 9 Recommendations of the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety

(1) In order to achieve the purpose referred to in § 1 No. 2, the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety can recommend certain types of behaviour to the population. The recommendations are to be made in consultation with the competent supreme state authorities. Where recommendations concern food, tobacco products, commodities, medicinal products and their starting materials and feedingstuffs, they shall be adopted in agreement with the Federal Ministries of Health, Food, Agriculture and Food Safety, Food, Agriculture and Food Safety, Consumer protection and for the economy and technology. The Federal Office for Radiation Protection meets the necessary preparations for the recommendations for the intake of iodine tablets, for the prevention and reduction of incorporation and contamination, for decontamination, for handling contaminated sites. Materials as well as for the transport of iodine tablets up to the main delivery points in the countries, insofar as no other jurisdiction is established by law or by law. (2) As far as events in the territory of a country with exclusively local effects, the competent top Make recommendations to the general public.

Section 4
Order management, federal administrative authorities, right of access and sampling

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§ 10 Order administration

(1) This Act and the legal regulations issued pursuant to this Act shall be executed by the Länder on behalf of the Federal Government, unless the federal administration has provided for it. The tasks in Section 2 (3) are carried out by the Länder as a separate matter. In the field of the Bundeswehr, the enforcement of this law and the legal regulations issued pursuant to this Act are the responsibility of the competent authorities of the Bundeswehr. (2) Paragraph 1 also applies to regulations of the European Communities, the substantive areas of this Act, to the extent that the supervision of their implementation is the responsibility of the Member States. (3) (omitted) Unofficial table of contents

§ 11 Administrative authorities of the Federal Government

(1) Responsible for the performance of tasks of the federal government pursuant to section 2 (1) (1) (a)

1.

a)

for the continuous monitoring of the German Weather Service,

b)

for the monitoring of the high atmosphere by aircraft in the event of events with possible non-insignificant radiological effects of the German Weather Service,

2.

for the trace analysis the Federal Office for Radiation Protection, supplemented by the German Weather Service and the Physikalisch-Technische Bundesanstalt with its measuring equipment.

(2) The German Meteorological Service (Deutsche Wetterdienst) is responsible for the performance of tasks of the Federal Government pursuant to § 2 (1) (b) (b). (3) Responsible for the performance of tasks of the federal government pursuant to § 2 (1) (1) (c) are responsible for the performance of tasks

1.

the Bundesanstalt für Gewatkunde für den Bereich Bundeswasserstraßen except coastal waters (water, sediment, sediment),

2.

the Federal Maritime and Hydrographic Agency for the North and Baltic Sea, including coastal waters (seawater, sediment, sediment),

3.

the Johann Heinrich von Thünen-Institut, Federal Research Institute for Rural Areas, Forest and Fisheries, for the determination of radioactivity in marine organisms in the North and Baltic Seas, including coastal waters.

(4) Responsible for the performance of tasks of the federal government pursuant to § 2 (1) (1) (d)

1.

the German Weather Service for the fixed determination of radioactivity on the ground,

2.

the Federal Office for Radiation Protection for the mobile determination of radioactivity on the ground

a)

by vehicles,

b)

by means of aircraft in the event of events with possible non-insignificant radiological effects.

(5) The Federal Office for Radiation Protection is responsible for fulfilling the tasks of the Federal Government pursuant to § 2 (1) (1) (e). (6) The German Meteorological Service (Deutsche Wetterdienst) is responsible for fulfilling the task of the Federal Government in accordance with § 2 (1) no. 4. The Federal Office for Radiation Protection in the Air division is responsible for the summary and preparation of the data determined by the Federal Government. (8) For the performance of tasks of the federal government pursuant to § 2 para. 1 no. 2, the Federal Office for Radiation Protection in the Air responsible as control centres

1.

the German Weather Service for the area of air and rainfall,

2.

the Federal Office for Radiation Protection for

a)

the radioactivity on the ground,

b)

the gamma dose rate,

c)

the area of trace analysis.

(9) In order to fulfil the tasks of the federal government pursuant to § 2 para. 1 no. 2 and 3, the responsible authorities are responsible for monitoring the environmental radioactivity for the areas

1.

Food, where not listed in point 2, feed, plant (indicators) and soil, the Max Rubner Institute, Federal Research Institute for Food and Food,

2.

Fish, fish products, crustaceans and shellfish and aquatic plants the Johann Heinrich von Thünen-Institut, Federal Research Institute for Rural Areas, Forest and Fisheries,

3.

Oberterrestrial Inland Waters, the Bundesanstalt für Gewatkunde,

4.

North and Baltic Sea, the Federal Maritime and Hydrographic Agency,

5.

Drinking water, groundwater, sewage, sewage sludge, waste, commodities, pharmaceuticals and their starting materials, the Federal Office for Radiation Protection.

(10) The Federal Office for Radiation Protection (Bundesamt für Strahlenschutz) is responsible for the performance of tasks of the federal government pursuant to § 2 (1) No. 2 and 3 for questions of radioactivity monitoring in the case of mining activities. (11) For the performance of tasks of the federal government According to § 2 para. 1 no. 2, the Physikalisch-Technische Bundesanstalt is responsible for the provision of normal activity. (12) Federal Office for the Monitoring of Environmental Radioactivity for the fulfilment of tasks pursuant to § 2 (1) (3) and (7) and Section 5 (1) sentence 2 is the Federal Office for Radiation Protection. (13) The Federal Government may Ordinance without the consent of the Federal Council, the tasks according to § 2 (1) No. 1 to 3 and 7 and § 5 (1) sentence 2 of other independent federal states and federal bodies and institutions of public law are transferred. Unofficial table of contents

§ 12 Right of access and sampling

The representatives of the competent authorities shall have the right to enter land and business premises during the working and working time, to identify the radioactivity and to take samples.

Section 5
Criminal and penal rules

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Section 13 Criminal Code

A custodial sentence of up to one year or a fine shall be punished.

1.

a legal regulation pursuant to § 7 (1), (2) or (3), insofar as it refers to that penal code for a certain amount of the offence,

2.

contrary to the first sentence of Article 6 (1) of Council Regulation (Euratom) No 3954/87 of 22 December 1987 laying down maximum permitted levels of radioactive contamination of foodstuffs and of feedingstuffs following a nuclear accident or any other radiological order Emergency situation (OJ C 327, 28. EC No 11), as amended by Council Regulation (Euratom) No 2218/89 of 18 July 1989 (OJ L 371, 31.12.1989, p. EC No L 211 p. 1, No 27), which places a food or feed on the market which exceeds a maximum value established by a Regulation of the European Community law referred to in Article 2 or 3 published in the Federal Gazette,

3.

contrary to Article 2 of Council Regulation (EEC) No 2219/89 of 18 July 1989 laying down special conditions for the export of foodstuffs and feedingstuffs in the event of a nuclear accident or any other case of radiological emergency (OJ L 327, 30.4.1989, p. EC No 4) carries out a food or feed whose radioactive contamination is above a maximum level obtained by a Regulation of the European Community law published in the Federal Gazette and in accordance with Article 2 or 3 of the Regulation (Euratom) No 3954/87, or

4.

contrary to Article 2 of Council Regulation (EEC) No 737/90 of 22 March 1990 on the conditions governing imports of agricultural products originating in third countries following the accident at the Chernobyl nuclear power station (OJ L 327, 31.12.1990, p. EC No 1), as last amended by Council Regulation (EC) No 806/2003 of 14 April 2003 (OJ L 82, 22.3.2003, p. EU No L 122 p. 1, No 49), a product referred to therein is placed in free circulation.

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Section 14 Penal rules

(1) The conduct of a person who is negligent in any of the acts referred to in § 13. (2) The offence is also the person who intentionally or negligently violates a enforceable order in accordance with § 8 (1) sentence 1 no. 1 or 2. (3) The It can be punished with a fine of up to fifty thousand euros. Unofficial table of contents

§ 15 confiscation

Items to which a criminal offence pursuant to § 13 or an administrative offence pursuant to § 14 relates may be collected. Section 74a of the Criminal Code and Section 23 of the Law on Administrative Offences shall apply. Unofficial table of contents

§ § 16 to 18 (omitted)

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