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AtG – Act on the Peaceful Utilization of Atomic Energy and the Protection against its Hazards (Atomic Energy Act – AtG)

of December 23, 1959 (Federal Law Gazette I, p. 814), as Amended and promulgated on July 15, 1985 (Federal Law Gazette I, p. 1565), last Amendment by Article 1 of the Act amending the Atomic Energy Act of March 17, 2009 (Federal Law Gazette I, p. 556)

The purpose of this Act is

1. 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,
2. to protect life, health and property against the hazards of nuclear energy and the detrimental effects of ionising radiation and to provide compensation for damage and injuries caused by nuclear energy or ionising radiation,
3. to prevent danger to the internal or external security of the Federal Republic of Germany from the application or release of nuclear energy,
4. to enable the Federal Republic of Germany to meet its international obligations in the field of nuclear energy and radiation protection. ...

When Article 1 of the Act amending the Atomic Energy Act (Act of March 17, 2009, Federal Law Gazette, p. 556) entered into force, changes included the addition of Article 57b to the Atomic Energy Act. Furthermore, Article 23 extended the responsibilities of the Federal Office for Radiation Protection to the storage facilities in Asse mine. Article 57b of the Atomic Energy Act stipulates that the provisions of Article 9a (3) of the Atomic Energy Act concerning federal installations will apply in future to the operation and decommissioning of Asse mine. In addition, a planning approval procedure pursuant to Article 9b of the Atomic Energy Act is only required for the decommissioning of Asse, not for continued operation. Article 57b (1) of the Atomic Energy Act stipulates that Asse mine must be decommissioned without delay. Licenses to store additional radioactive waste prior to adoption of the planning approval procedure are not admissible (Article 57b (2) of the Atomic Energy Act). Until the planning approval procedure on decommissioning Asse mine becomes final, however, Article 57b (1) of the Atomic Energy Act stipulates that the handling of radioactive material, including nuclear fuel, requires licenses in line with nuclear energy and radiation protection legislation. Asse mine will be operated based on the decrees and licenses already issued until the planning approval procedure for the decommissioning of Asse has become final, as long as these decrees and licenses are not to be replaced or supplemented by pending licenses.