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Disposal > Repository Surveillance > Competences in repository supervision
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Competences in repository supervision
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Despite occasional statements otherwise, the Federal Office for Radiation Protection (BfS) neither executes a supervision under nuclear law in terms of repositories, nor does it supervise itself.
In no case does the BfS approve itself its works. It is rather being comprehensively controlled and supervised in terms of repositories by several institutions at the same time.
In the provisions set out in the Basic Law and the Atomic Energy Act, the legislator placed the entire responsibility for the permanent disposal of radioactive waste on the federal authorities. That applies to the construction, operation, and decommissioning of repositories and also to the supervision of compliance with the effective nuclear and radiation protection regulations. Thus, a clear separation between operation and supervision is ensured.
The Federal Office for Radiation Protection (BfS) operates and constructs the repositories. The BfS is subject to the expert and legal supervision of the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety. Nuclear law licences are granted by the respective federal state (in the case of Asse and Konrad for example the Lower Saxon Environment Ministry). Furthermore requirements according to Mining Law need to be observed for the facilities. All works relevant under Mining Law are licensed and supervised by the competent federal state authorities. The separation of functions demanded in a European Union directive is thus being implemented in Germany.
Repository Surveillance is an independent BfS organisational unit performing surveillance activities relating to the repositories Konrad, Morsleben, and Asse. It does not carry out “supervision according to atomic law”.
The Gorleben exploratory mine is operated solely on the basis of the Mining law. Supervision according to Mining law does not lie with the Federal government, but with the Federal state of Lower Saxony.
Legal FrameworkThe following regulations form the legal framework in terms of federal supervision of repositories:
- The Federation has made use of its exclusive legislative competence resulting from Art. 73 para.1 no. 14 GG (Basic Law) and has regulated the handling of radioactive waste in the Atomic Energy Act in a final manner.
- Furthermore, with the Law on the Establishment of a Federal Office for Radiation Protection, the Federation - on the basis of its organisational sovereignty according to Art. 87 para.3 GG - founded the BfS as an independent higher federal authority.
- According to Art 23 para.1 Atomic Energy Act (AtG), the BfS has the task to construct and operate facilities for the safekeeping and permanent disposal of radioactive waste and thus to fulfil the federal obligation set out in the provisions of Art 9a para.3 sentence 1 AtG of constructing and operating repositories.
- Repositories are licensed by a plan-approval decision decreed by the highest Federal state authority, which is appointed by the respective Federal state government – this is generally the respective Federal state environment ministry - according to Art 24 para.2 in conjunction with Art 9b para.1 sentence 1 AtG.
- It is not intended that Federal state authorities supervise the construction, operation, and decommissioning of repositories. Thus, the same principle applies to disposal as to other federally owned administrations, such as:
- The Water and Shipping Administration in terms of the construction and maintenance of federally owned maritime facilities and nautical signals and the federally owned hydro-engineering facilities (Art 48 Federal Waterways Act) and
- The Federal Armed Forces Administration in terms of supervision of certain facilities according to the Immission Protection Law (Art 59 BlmSchG in conjunction with the 14th BlmSchV).
Dual security and monitoring systemAccording to the regulations set out in the provisions of the Basic Law and the Atomic Energy Act, it is incumbent upon the Federation to provide with their own authorities for the nuclear supervision of disposal in their own responsibility. How the Federation organises the execution of supervision is at its own discretion.
To meet its general commitments resulting from Art 1 para.3 GG and Art. 20 para.3 GG and in particular the special risk potential of repositories in the best possible and effective way, the German federation has established a dual security and monitoring system, in order to ensure that permanent disposal complies with the nuclear law regulations:
- The Federal Ministry for the Environment, Nature Conservation and Nuclear Safety (BMU) executes the external supervision of the BfS complying with nuclear law regulations.
- The BfS Repository Surveillance staff section performs an internal security procedure.
The specific independence of the Repository Surveillance staff section from other BfS units is on the one hand ensured by organisational measures of the BfS, such as having its own budget for charging experts.
On the other hand, the assertiveness of the Repository Surveillance has been ensured by the fact that specifications issued by the Repository Surveillance can solely be cancelled by the President, however, only after he has informed the BMU, which then has the opportunity to perform its supervisory role.
Effective and efficient exercise of functionsThis dual security system (external supervision by BMU, internal repository surveillance with BfS) reliably and comprehensively ensures that the nuclear law regulations applying to permanent disposal are complied with.
Furthermore, the system of dual security ensures an effective and efficient exercise of functions. The system of dual security is the only form of organisation which guarantees that the supervision
- Is continuously involved in the operational and planning processes,
- Has immediate and instantaneous access to all information,
- Reacts to special operational events in a way that is quick and in compliance with requirements
and that the political responsibility for repositories is performed by the BMU on the basis of well-founded information and comprehensive options for action.
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