Supervisory tasks

To protect humans and the environment in both the short and the long term, the final disposal of radioactive waste must meet high safety requirements. With the establishment of the Federal Office for the Safety of Nuclear Waste Management (BASE), the legislator has reinforced and consolidated the control and supervisory tasks in the field of nuclear safety. In addition, BASE is tasked with overseeing the search for a final repository for high-level radioactive waste in Germany, which began in 2017.

The Federal Ministry for the Environment, Nature Conservation, Nuclear Safety and Consumer Protection (BMUV) has the overall political responsibility regarding the final disposal. It supervises BASE as part of its technical and legal oversight mission.

Supervision in the site selection procedure

BASE supervises the proper execution of the site selection procedure for a repository for high-level radioactive waste. It reviews the conclusions and proposals of BGE mbH, the company tasked with the search, throughout the different stages of the procedure, and ensures that the procedure complies with the law.

At the end of each phase, based on the proposals and exploration results of the BGE mbH, BASE prepares a recommendation for the BMUV, and defines exploration programs and test criteria.

In the final phase of the selection procedure, BASE will evaluate which site offers the best possible safety and propose it to the legislator.

The mission and function of BASE as a supervisory authority in the site selection procedure are described in a basic information document (in German only).

For further information on the supervisory function of BASE, see the expert opinion (in German only) of nuclear law expert Prof. Dr. Koch (2018).

The relationship between BASE and other actors in the procedure

BASE oversees the implementation of the site selection procedure. This includes supervising compliance with the legal requirements of the procedure. BASE is not responsible for corporate management of BGE mbH, who is the implementer of the repository search. This is the responsibility of the Federal Ministry for the Environment.

In addition, BASE performs technical and content-related duties within the legally defined framework. This means, for example, that it advises BMUV on technical and procedural issues, including draft amendments to the law. This role results from the relationship between BASE and the BMUV: the BMUV is the technical supervisor of BASE, and ensures that the BASE's actions are lawful and expedient. As a public company run by the state, the BGE mbH’s sole shareholder is the Federal Republic of Germany; the BMUV is acting on behalf of the federal government. Shareholder control is exercised by means of economic plans, among other things. There is no technical supervision by the state - i.e. by the BMUV or BASE - of its associated companies organised under private law.

Supervision of construction, operation and decommissioning of repositories

With regard to the final disposal of radioactive waste, BASE is the authority responsible for planning permissions and licensing as well as the nuclear supervision of the licensee. The supervisory responsibilities include the construction, operation and decommissioning of the Konrad repository as well as the safe decommissioning of the Morsleben repository and the Asse II mine. Supervision means: BASE ensures that the repository operator complies with the licensing requirements and regulations.

Mining and water law supervision

In the future, BASE will also be responsible for mining and water law approvals for federal facilities, and will supervise mining operations. Transitional arrangements apply to the two existing repository projects Konrad and Morsleben. At present, the federal states are still responsible for licensing in accordance with mining and nuclear law and for water law approvals. In the case of the Asse II mine, the responsibilities will remain with the state of Lower Saxony permanently.