General information

Framework conditions for the use of nuclear energy in the Federal Republic of Germany

The framework conditions for the use of nuclear energy in the Federal Republic of Germany are stipulated in the Basic Law (GG) and the Atomic Energy Act (AtG). The Basic Law regulates legislative and administrative powers in general, while the Atomic Energy Act provides the legal framework for the safe operation of all nuclear installations. Furthermore, it aims to protect life, health and property against the hazards of nuclear energy, phase out the use of nuclear energy for the commercial generation of electricity in a structured manner and ensure regular operation up until the date of discontinuation.

Under the Atomic Energy Act, licensing from authorities is required for the construction and operation of nuclear installations to ensure protection against the risks associated with radioactive material and control of its use. The Act lays down the requirements and procedures for licensing and supervision, including provisions on consulting authorised experts (Article 20 AtG) and costs charged (Article 21 AtG).

Pursuant to Article 7 AtG, a license is necessary for constructing, operating or holding a stationary installation for the production, treatment, processing or fission of nuclear fuel as well as for material changes to installations, their operation or decommissioning.

The license may only be granted if the requirements of Article 7 (2) AtG are fulfilled, i.e. if

• the necessary precautions have been taken in the light of the state of the art in science and technology to prevent damage,
• the persons responsible have the requisite reliability and qualification,
• it is assured that the persons who are otherwise engaged in the operation of the installation have the necessary knowledge concerning the safe operation of the installation, the possible hazards and the protective measures to be taken,
• the necessary protection has been provided against disruptive action or other interference by third parties,
• the necessary financial security has been provided to comply with the legal liability to pay compensation for damage,
• the choice of the site of the installation does not conflict with overriding public interests, in particular in view of its environmental impacts.

Furthermore, the Council of the European Union adopted Directive 2009/71/Euratom (pdf file) establishing a Community framework for the nuclear safety of nuclear installations on 25 June 2009. This is the first time that binding regulations in the field of nuclear safety were adopted at European level. The 12th Act amending the Atomic Energy Act transposed the directive into national law in due time when it entered into force in December 2010.

Against the backdrop of the events in Fukushima, the German government decided to phase out the use of nuclear power for commercial generation of electricity in Germany at the earliest date possible. The decision takes into account both the outcome of the deliberations in the Ethics Commission on a Secure Energy Supply set up by the government and the safety reviews of all German nuclear power plants by the Reactor Safety Commission.

In August 2011 the following amendments were introduced with the entry into force of the 13th Act amending the Atomic Energy Act:

• The additional electricity generation allowances granted in the 11th Act amending the Atomic Energy Act were annulled.
• With the entry into force of these latest amendments, both the seven oldest nuclear power plants and the Krümmel nuclear power plant forfeit their license to generate power.
• The power generation license for the three newest facilities will expire by 2022 at the latest; for all other nuclear power plants, expiry will be gradual in compliance with the deadlines 2015/2017/2019/2021.
• The transfer of electricity generation allowances will remain unaffected as long as the final operation deadlines are observed.