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Licensing of nuclear fuel transports
As a general rule, safety is paramount for the transport of radioactive waste. Transports may only be carried out if the necessary conditions for safe transport are being met. To achieve this, the shipper will first need a permit, which they will only receive if they provide appropriate proof of safety in advance. The transport itself will be supervised by the nuclear supervisory authorities and the competent interior ministries. Before a transport can take place, the German companies carrying out the transport, together with the nuclear supervisory authorities and the competent interior authorities will examine whether the relevant requirements have been met.
In the application, they must state, among other things:
- Which nuclear fuels are to be transported (type and quantity)?
- Which casks will be used for the transport?
- Who will carry out the transport?
- Which means of transport will be used?
- Which routes will the transport take?
- What protective measures were taken?
Duties of BASE
BASE will examine whether the safety criteria according to Section 4 of the Atomic Energy Act (AtG) are fulfilled and whether the legal regulations on the transport of dangerous goods (dangerous goods transport regulations) are complied with.
In particular, it will check if the following conditions are met:
- the safety of the package (nuclear fuel and casks)
- the reliability of the applicant
- the reliability and expertise of the persons carrying out the work
- protection against disruptive measures or other interference by third parties
- the necessary financial security (liability insurance)
Participation of the federal states
To ensure protection against disruptive measures or other interference by third parties, the "Safeguarding and Protection of Nuclear Facilities" Commission (Kommission "Sicherung und Schutz kerntechnischer Einrichtungen" (KoSiKern)) is involved. The interior ministries of the federal states are involved in the KoSiKern. The KoSiKern will issue a statement for all participating federal states. This statement will be included in the licence to be issued by BASE.
In addition to these aspects of nuclear law to be examined by BASE, other reasons may speak against a requested transport. In particular, these are issues that must be assessed by institutions other than BASE, such as further federal state authorities. These will determine if there is an overriding public interest opposing the chosen type, time or route of the transport (as a rule, several alternatives are applied for). The federal state authorities will inform BASE if this is the case.
If all approval requirements are met, BASE must issue the licence (so-called bound administrative act).
State of 2022.12.07