Grundgesetz, determines that the German Federal Government holds the legislative authority regarding the peaceful utilization of nuclear technologies and, on the other hand, allocates the execution of Federal law in this regard to the Federal Lands (Länder). However, the Federal Lands’ executive power is subject to exceptions and controlled by the Federation. The Federal Ministry for the Environment, Nature Conservation, Building and Nuclear Safety (BMUB) has been assigned with the supreme authority for affairs regarding nuclear safety and radiological protection and is consequently responsible for the
supervision of lawfulness and expediency of the Federal Lands' related executive activities.
The main federal legislative basis for nuclear regulation was constituted by the Atomic Energy Act of 19594, which has since been changed and updated by thirteen amendments to this day. (BMUB - German Federal Ministry for the Environment, Nature Conservation, Building and Nuclear Safety, 2015; I.E.A - International Energy Agency, 2013)
According to the Act on the Peaceful Utilization of Atomic Energy and the protection against its Hazards (Atomic Energy Act), the main purpose of the law is:
“(1) to phase out the use of nuclear energy fort the commercial generation of electricity in controlled manner, and to ensure orderly operation up until the date of termination, (2) to
Figure 4: Hierarchy of the National Regulations and the Issuing Authorities (BMUB - German Federal Ministry for the Environment, Nature Conservation, Building and Nuclear Safety, 2015)
energy or ionising radiation, (3) to prevent danger to the internal or external security of the Federal Republic of Germany from application or release of nuclear energy or radiation, (4) to enable the Federal Republic of Germany to meet its international obligations in the field of nuclear energy and radiation protection (BfS - Bundesamt für Strahlenschutz, 2013, S. 3).“
In addition to the Atomic Energy Act, there are a number of generally binding federal regulations and laws to regulate and administer the peaceful use of nuclear technologies in Germany, which are as follows: the Precautionary Radiation Protection Act, the Radiation Protection Ordinance, the Nuclear Licensing Procedure Ordinance, the Nuclear Financial Security Ordinance, the Repository Prepayment Ordinance, the Nuclear Reliability Assessment Ordinance, the Nuclear Safety Officer and Reporting Ordinance, and the Nuclear Waste Shipment Ordinance. (IAEA, 2013)
The Bundesamt für Strahlenschutz (BfS), the Federal Office for Radiation Protection, supports the BMUB with technical and scientific advice regarding radiation protection, nuclear safety and nuclear waste management. In addition, the Office assists the ministry in the execution of federal oversight and a number of administrative and representative tasks (BMUB - Federal Ministry for the Environment, Nature Conservation, Building and Nuclear Safety, 2013). In order to assure independent, qualified and comprehensive evaluations, the BMUB is supported by the advisory commissions Reactor Safety Commission (RSK5), the Commission for Radiological Protection (SSK6) and the Nuclear Waste Management Commission (ESK7) (BMUB - Federal Ministry for the Environment, Nature Conservation, Building and Nuclear Safety, 2013; BMUB - Federal Ministry for the Environment, Nature Conservation, Building and Nuclear Safety, 2012). These Commissions are aimed at providing the BMUB with unbiased and comprehensive recommendations and scientific comments and at promoting technical progress in the field of safety. It should however be noted that the members of the advisory commissions are assigned by the BMUB (BMUB - Federal Ministry for the Environment, Nature Conservation, Building and Nuclear Safety, 2012). Furthermore, the Nuclear Safety Standards Commission (KTA8) defines precise safety
5 RSK: Reaktor-Sicherheitskommission
6 SKK: Strahlenschutzkommission
7 ESK: Entsorgungskommission
8 KTA: Kerntechnischer Ausschuss
standards for nuclear operations. This commission is affiliated with the BfS and represents five groups of stakeholders: operators, experts, manufacturers, federal- and state authorities and representatives of public interests. In fact, each of these groups is represented by seven votes and new standards have to be approved by twenty-eight members in order to be approved. This system had been set up to ensure that no stakeholder group, provided that they vote in unison, could be overruled (BMUB - Federal Ministry for the Environment, Nature Conservation, Building and Nuclear Safety, 2013; IAEA, 2013).
As mentioned, in accordance with the Basic Law and the Atomic Energy Act, the Federal Lands are responsible for the execution of national laws and regulations regarding nuclear power. Two of the utmost important tasks in this regard, are the licensing and supervision of domestic power plants. The Federal Land government may therefore nominate the responsible executive Federal Land authorities. The seventeen German reactors, including those shut down in 2011, are located in five different German Federal Lands, namely Baden-Würtenberg, Bavaria, Hesse, Lower Saxony and Schleswig-Holstein (atw, 2012).
Figure 5: Status and Location of Germany's Nuclear Power Plants end of 2011- Retrieved from IAEA (2013, p. 65), based on Bredberg I. , et al., (2014) illustrates the Status and Location of Germany's Nuclear Power Plants end of 2011 and shows the geographical sites of both, the operational reactors and those which were shut down until 2013. The Federal Land of Baden-Würtenberg has four reactors within
Figure 5: Status and Location of Germany's Nuclear Power Plants end of 2011- Retrieved from IAEA (2013, p. 65), based on Bredberg I. , et al., (2014)
its borders, Neckarwesteheim 1 and Philippsburg 1, both shut down in 2011 and Neckarwesteheim 2 and Philippsburg 2, which are both still operational. The licensing authority9 and supervising authority have both been held by the Ministry for the Environment, Climate Protection and Energy Sector of Baden Würtenberg. Isar 1 and 2, Grafenrheinfeld, Grundremmingen B and C are located in Bavaria and the licensing authority10 and supervisory authority are subject to the Bavarian State Ministry of the Environment and Public Health. The Biblis A and Biblis B reactors, both had been shut-down in 2011, are located in Hesse and are therefore under the authority (licensing and supervisory) of the Hessian Ministry of the Environment, Energy, Agriculture and Consumer Protection. In Lower Saxony, the operational reactors Grohnde and Emsland and the shut-down reactor Unterweser (2011) are regulated by the Lower Saxon Ministry for Environment and Climate Protection. Lastly, the Ministry of Energy Transition, Agriculture, Environment and Rural Areas Schleswig Holstein oversees licensing and supervision of the local reactors Brunsbüttel, Krümmel (shut-down in 2011) and Brokdorf. (IAEA, 2013)