As of: February 2010

Please note: an updated version of this text is available in German. The English translation is in process and will be available here shortly.

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, to phase out the use of nuclear energy for the commercial generation of electricity in a structured manner and to ensure on-going 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.

On 25 June 2009, the Council of the European Union also adopted Directive 2009/71/Euratom (pdf file) establishing a Community framework for the nuclear safety of nuclear installations. This is the first time that binding regulations in the field of nuclear safety were adopted at the European level. EU member states have to transpose the Directive into national law by 22 July 2011.

After the federal elections on 27 September 2009, the government parties agreed in their Coalition Agreement to elaborate an energy concept. This agreement was confirmed at the Cabinet meeting on 17 and 18 November 2009, and it was further specified that the energy concept was to be adopted by the German government in October 2010. Based on an evaluation and target-oriented scenarios for 2050, the concept will include guidelines for a clean, reliable and affordable energy supply. As agreed in the Coalition Agreement, nuclear energy is considered a bridging technology to be used until it can be reliably substituted with renewable energies. For this reason, the German government is willing to extend the operating periods of German nuclear power plants under the condition that they comply with stringent German and international safety standards. The German government aims to reach an agreement with the operators on more specific regulations concerning the conditions for extending operating periods as soon as possible. This agreement is to guarantee certainty of planning for all stakeholders.