Who authorises transports of radioactive material?

According to the provisions of nuclear law (Atomic Energy Act, Radiation Protection Act), the transport of radioactive materials in Germany generally requires a licence. A distinction is made between "nuclear fuels" and "other radioactive materials".

"Nuclear fuels" are substances containing plutonium 239 or 241 or uranium enriched with the isotopes 235 or 233.

"Other radioactive substances" are substances containing one or more radionuclides, so far as they are not nuclear fuels.

The authorisation of nuclear fuel and other radioactive materials is regulated by the Atomic Energy Act (AtG) and the Radiation Protection Act (StrlSchG):

Licence issued by BASE

• The Federal Office for the Safety of Nuclear Waste Management (BASE) authorises transports of nuclear fuel, for example the transport of fuel elements, pursuant to section 23d number 6 of the Atomic Energy Act,
• BASE authorises transports of large sources (other radioactive substances with an activity of more than 1,000 terabequerels) pursuant to section 186(1) of the StrlSchG.

Approval by other authorities

• The transport of other radioactive materials (except large sources), for example the transport of radiopharmaceutical products is approved as follows:

  • the competent authorities of the federal states are responsible for licencing road and inland waterway transports, as well as rail and sea transports using non-federally owned railways on behalf of the federal government and pursuant to section 184(2) of the StrlSchG.
  • the Federal Railway Authority issues licences for rail and sea transports using federally owned railways in accordance with Section 190 of the StrlSchG.

No licence (according to Radiation Protection Act)

• Pursuant to Section 28 of the StrlSchG, no licence is required for other radioactive substances (except large sources) that

  • are subject to special exemption regulations,
  • are transported in small quantities in so-called exempted packages,
  • are shipped by sea in accordance with the Ordinance on Dangerous Goods at Sea (GGVSee) or
  • are transported by air (with a permit required for transport under Section 27 of the Air Transport Act).

Transport licence under traffic law

A transport licence pursuant to the dangerous goods regulations is required in some cases, such as the transport of steam generators from nuclear power plants. This so-called transport licence under traffic law is issued by BASE.

Supervision and implementation

As far as road, inland waterway and sea transports are concerned, the supervision of nuclear fuel transports under nuclear and dangerous goods legislation is the responsibility of the Länder authorities.

For air transports, the Länder authorities are also responsible for supervision under nuclear law, while the Federal Office of Civil Aeronautics is responsible for supervision under dangerous goods law.

The Federal Railway Authority is responsible for nuclear and dangerous goods supervision of rail transports.
The shipper, the holder of the transport licence and the carrier must ensure that all necessary licences - including those granted by foreign authorities - have been obtained. Only then can the transport be carried out. The competent supervisory authorities will also check this.

It is the responsibility of the licence holder to decide which of the requested routes will be used, and when the transport will take place. This must be coordinated with the interior ministries of the federal states. Depending on the type of transport, this coordination can range from the provision of timely information by the shipper to the interior ministries affected by the transport to detailed coordination of the transport date and route between the shipper and the federal states. The ministries of the interior can change the transport route and transport date if necessary.

Transports abroad

BASE will only issue transport licences for Germany. Export licensing falls under the responsibility of the Federal Office of Economics and Export Control. According to the Atomic Energy Act, the licence for export is to be granted, among other things, "if it is ensured that the nuclear fuels to be exported will not be used in a manner jeopardising the international obligations of the Federal Republic of Germany in the field of nuclear energy or the internal or external security of the Federal Republic of Germany".