[en] The explanations can be summarized in ten guiding lines: 1. The dose limits of the Radiation Protection Ordinance protects third parties. Private plaintiffs can claim its observance in an administrative lawsuit. 2. When calculating each radiation exposure, all exposure pathways have to be considered. 3. When calculating the radioactivity level during normal operation conservative assumptions have to be taken as a basis. 4. When calculating the radioactivity level resulting from design basis accidents it can be referred to realistic assumptions. 5. For improving legal security when calculating the radioactivity level it is necessary to lay down the radio-ecological assumptions and procedures in statutory ordinances. 6. Radioactivity levels below the dose limits have to be assigned to the residual risk. 7. The demand to reduce radiation exposure the minimum laid down in number 2 of sub-section 1 of section 28 of the Radiation Protection Ordinance and repeated in sentence 1 of sub-section 3 of section 28 and of sentence 1 of section 45 does not protect third parties. 8. Measures to reduce the residual risk can only be required by public authorities and consultants. 9. The hypothetical accidents are part of the residual risk due to the small probability of occurring. 10. The measures to prevent damages required according to number 3 of sub-section 2 of section 7 of the Atomic Energy Law are realized among others by the design of a nuclear power plant against design based accidents. They are or will be scheduled in the safety engineering rules and guiding lines of the Federal Ministry of Internal Affairs. (orig./HP)

[en] The author discusses at length the basic concept of the Radiation Protection Ordinance, i.e. to keep population exposure and environmental radiation exposure as low as possible. To his opinion, this concept is limited by technical and economic aspects. If too much emphasis were laid on protection, the promotion of nuclear power as stated in the Atomic Energy Act would be hindered. The order in which the two legal goals are to be considered depends on the degree to which one of these foals is endangered. (HSCH)

[en] A case study of community law comes to the following results: 1) The Single European Act is to improve, and not impair, the state of integration in the EC achieved so far. 2) National limitations of transboundary, free service transactions are only allowed on national territories in the interest of protecting the population against health hazards. 3) True to say, there are no properly formulated European basic rights, but there is an unwritten, by the European Court of Justice accepted European basic rights catalogue, which resembles German basic rights. 4) Primary and secondary EC community law has priority over corresponding national law. 5) Prior-ranking of European law does not mean voidness of corresponding national law, but lower priority, always related to individual cases. 6) Prior-ranking of EC community law commits those in Federal Government and Laender authorities and in the courts who are concerned with the application of law, to interprete German law in a way conform with Community law. (orig./HSCH)

[en] The decommissioning license issued for the decommissioning work is very extensive and in its regulatory content and coverage goes far beyond the permits issued under the law of the former GDR. It also contains many provisions governing the entire dismantling phase, until green field site. Significant examples in this context are the provisions on decontrolling radioactivity measurements and clearance levels. Any possibly required modifications of the decommissioning license issued requires legal appraisal of planned modifications under section 7, sub-sec. 1 AtG, as well as review of licensing criteria under section 7, sub-sec. 2 AtG. New dismantling permits will be necessary only for those station components not yet covered by the license. New applications will not be subject to more rigid criteria as compared to those applied to the partial license for decommissioning and dismantling issued on 30 June 1995, unless novel scientific and technical knowledge is to be taken into account. In summary, the licensing procedure as it has been applied and explained in this paper has shown that the nuclear supervisory and licensing authority of the Land Mecklenburg-Vorpommern, its experts and advisory bodies, are well capable of coping with a legal and technical challenge of this kind in the short period of time available. (orig./DG)

[en] The legal basis to be provided is a licence for decommissioning work, issued for a particular reactor, including activities for recycling of disassembled, radioactive components and materials, subject to radioactivity measurements and exemption from radiological control of materials not exceeding the legally defined maximum level of contamination. (HP)

[en] Since May 1st, 1982, a new ordinance concerning procedures laid down in the Atomic Energy Law has been in force. The revised version aims at providing all those citizens, operators and authorities which are involved in procedures laid down in the Atomic Energy Law with more juridical security, and at giving those administering law clearer instructions how to proceed. This purpose determines the substance of all the new regulations. The new ordinance on procedures avoids the losing of rights by the individual. It takes up recent decisions made by the Federal Constitutional Court, emphasising the now preceding legal protection of third persons in administrative procedures under the Atomic Energy Law. On the other hand, the authority issuing the ordinance points out those cases in which the licensing authorities do not have to involve the public. By doing so, a few insecurities have been removed which were caused by recent justice administered by administrative courts. (orig.)

[en] Modifications in nuclear facilities have to be licensed by the regulatory authorities. The German atomic law includes the nuclear phase-out and the safe operation of the nuclear facilities until total decommissioning. The legal and practical problems in combination with substantial modifications in nuclear facilities are discussed in the paper; the main topics are: the definition of substantiality, the authority's focus of checking of the modification request, the possibility of partial permissions, the possibility of exceptions, directives for modifications by the authority, control by the regulatory authority

[en] Schattke, the legal adviser of the nuclear energy group in the Social Ministry of Schleswig Holstein, argues from the point of view of the licensing authority, which advocates the utilization of nuclear energy on a private enterprise basis and fights against a judicial guardianship. He solves controversial questions by enlarging the scope of decision of the executive and by a greater accentuation of the expert consent between natural scientists and technicians also for the concretization of normative standards. As far as risk assessment is concerned he takes into consideration only the probability of a damage and contests the importance of the potential extent of damages. The detailed contribution can be regarded as an up-to-date compendium on the law of nuclear plant licenses taking into account the specific point of view. (orig./HSCH)

[en] Decommissioning nuclear facilities, like building and operating them, is associated with legal conditions spelt out in the German Atomic Energy Act and other applicable legal regulations. Under the Atomic Energy Act, the basis is the required permit for decommissioning with the main requirement that all necessary precautions against damage have been taken in the light of the state of the art. Applicability needs to be examined in each individual case, and every decommissioning step must reduce the risk potential by further removing radioactive plant components. Considerable expense is entailed by the Environmental Impact Assessment (EIA) required under the directives of the European Union. The directive in existence so far required an EIA only for the construction and operation of nuclear power plants, and was executed in Germany with the EIA Act of 1990. This EU directive is being extended so as to include also decommissioning activities; the integration of this extension into national law in Germany is still in the stage of a ministerial draft bill. In the licensing procedure under the Atomic Energy Act, the basic question arises with respect to the demolition of plants whether the 'entire range planned' of decommissioning measures requires a step-by-step procedure with a so-called positive overall decision. This question arises out of the comparison between the construction phase and the demolition phase. Basically, in very few special cases, an analogy can be drawn to the requirement of a preliminary positive overall decision. (orig.)

[en] The Greifswald reactor station consists of eight power plant units whose safety reports are briefly explained. The paper deals in the main with the decommissioning plans that have to be set up for the various units, and in this context the following legal aspects are of main interest: the validity of the Atomic Energy Act in the five new federal Laender, the release of the units 7 and 8 from the applicability of atomic energy law, decommissioning work on the basis of operating licences; decommissioning licence in combination with a storage licence; combined licence for decommissioning and dismantling; legal prerequisites for licensing. The assessment of the current situation in the decommissioning of this large power station is summarized in a series of leading statements including the following: Decommissioning of nuclear installations awaiting completion does not require a nuclear licence. A legal interpretation of paragraph 7 sub-sec. (3) Atomic Energy Act does not establish any hierarchical relatioship between the three decommissioning options in terms of time of facts. The licencee may choose one option to apply for, or a combination of the three. For reasons of procedural law, the following licensing steps are recommended: - licensing for dismantling non-radioactive plant components without a participation of the public. - licensing for dismantling contaminated plant components including participation of the public. (orig./HP)