Federal Nuclear Supervisory Authority
As the federal nuclear supervisory authority, the Federal Office for the Safety of Nuclear Waste Management (BASE) oversees the construction, operation and decommissioning of the Morsleben repository, the Schacht Konrad repository and the Asse II mine. In addition, BASE monitors reviews of the aforementioned facilities.
The Federal Office for the Safety of Nuclear Waste Management (Bundesamt für die Sicherheit der Nuklearen Entsorgung, formerly Bundesamt für kerntechnische Entsorgungssicherheit (BfE)) is the federal government's nuclear supervisory authority. It was founded in 2016. BASE is responsible for supervising the construction, operation and of
- the Morsleben radioactive waste repository (ERAM),
- the Konrad repository (under construction), and
- the Asse II mine.
BASE will also exercise nuclear supervision over the construction and operation of the future for high- .
These duties are based on the Atomic Energy Act (AtG), the Radiation Protection Act (StrlSchG), the Radiation Protection Ordinance (StrlSchV), the licences and planning approval decisions issued for the licensing of repositories, and other nuclear regulations.
Morsleben, Konrad and Asse II repositories
The Bundesgesellschaft für Endlagerung (BGE) mbH has been the of the Morsleben and Konrad repositories and the Asse II mine since 2017. It is in charge of building, operating and/or the Morsleben and Konrad repositories as well as the Asse II mine.
Every ten years, BGE mbH will conduct a safety review at the Konrad repository and the Asse II mine, the one at the Morsleben repository will take place once every five years. BASE will accompany these reviews as the nuclear supervisory authority.
Duties of the nuclear supervisory authority
As the nuclear regulator, BASE has the following specific duties and powers:
Informs about reportable events at the plants
BASE is responsible for providing public information about incidents, accidents or other events relevant to nuclear safety at the Morsleben repository, Konrad and the Asse II mine. BGE mbH is obliged to report such events to BASE. All since 2017 are published on the BASE website.
The reporting criteria in the Nuclear Safety Officer and Reporting Ordinance form the basis for this. There are three reporting categories : Category S - Immediate report (without delay), Category E - Urgent report (within 24 hours), Category N - Normal report (within 5 working days).
Consents to the appointment of persons in charge in accordance with nuclear law
The appoints one or more persons in accordance with nuclear law. These persons shall be responsible for ensuring compliance with the obligations arising from the Atomic Energy Act, the Radiation Protection Ordinance and the licensing documents.
BASE approves the appointment of persons in charge according to nuclear law (Sections 9b para. 4, 7 para. 2 no. 1 AtG). The person responsible under nuclear law is the first point of contact for BASE on all questions relating to safety and compliance with the obligations arising from the licensing documents or legal provisions.
Furthermore, the person in charge according to the Federal Mining Act is another contact point for BASE regarding final in mines.
Carries out examinations and measurements to monitor the environment
BASE is in charge of monitoring the surroundings of the Morsleben and the Asse II mine. It has commissioned independent metrology bodies to do this.
- For the Morsleben , this is currently the Saxony-Anhalt State Office for Environmental Protection (LAU).
- For the Asse II mine, this is currently the "IAF - Radioökologie GmbH".
The measurements cover the radioactive substances released from a to the environment via waste water and sewage. The air, precipitation, surface water, drinking water, groundwater and soil in the vicinity of a , but also the vegetation, the rural food chain such as crops and meat products as well as milk and dairy products are also sampled metrologically.
As the , BGE mbH regularly takes samples of air, water, soil, vegetation, fruit, vegetables and milk, and compare its measurement results with those of BGE mbH. It assesses the radiation exposure as well as compliance with the maximum permissible discharges. The maximum permissible data and limits must be complied with. This is based on the Guideline for and Monitoring of Nuclear Facilities (REI).
In addition to the legally required measurements, an additional measurement programme in the interest of the citizens and local agriculture took place near the Asse II mine until 2017.
BASE will publish the measurement results it has commissioned:
Environmental monitoring reports
Issues clearances for waste to be disposed of outside the plant
BASE issues clearance certificates (Section 31 StrlSchV): Radioactive materials and movable objects, buildings and ground surfaces that could be activated or contaminated may not exceed certain clearance values so as to be disposed of as waste.
The clearance values can be found in the Radiation Protection Ordinance. Clearance measurements are frequently carried out, especially in the Asse II mine. This is necessary because the water running from the surrounding rock into the salt dome is being removed on a continuing basis.
Implements modification procedures
So-called modification procedures will be implemented in case of changes to the way facilities are built or operated. Changes that do not deviate significantly from the approved planning will be examined and subsequently approved by BASE.
An application must be submitted to the licensing authority for any major modification. In the case of the Konrad and the Asse II mine, the competent authority would be the Lower Saxony Ministry for the Environment, Energy and Climate Protection.
In the case of the Morsleben , it would be the Ministry for the Environment, Agriculture and Energy of Saxony-Anhalt.
Carries out pre-inspections
BASE carries out inspections of the repositories, and makes sure that construction work complies with the permits and legal regulations (e.g. planning approval decisions). In addition, BASE inspects the facilities, systems, components and facility safety.
BASE will also carry out an overall inspection once every five years for the Morsleben , and once every ten years for the Konrad and the Asse II mine.
Gives instructions in case of imminent danger
BASE may issue instructions to initiate protective measures or to temporarily cease operation (Section 19 para 3 of the Atomic Energy Act). This will occur,
- if the facilities do not meet the requirements of nuclear and law, or
- if there is a risk that will have negative consequences for life, health or property.
Checks the reliability of persons in charge
BASE must verify the reliability of all persons relevant to the safety of the repositories and the Asse II mine (Section 12b AtG; AtZüV (Atomrechtliche Zuverlässigkeitsüberprüfungsverordnung (Nuclear reliability review ordinance)). This includes, for example, an identity check, an enquiry with the police and the Office for the Protection of the Constitution, an enquiry with the Federal Commissioner for Stasi Records and with the Central Register of Foreigners/Aliens Authority. Depending on the and responsibility of the persons to be examined, BASE will carry out correspondingly extensive checks. Such an examination will only be carried out if the persons have given their prior written consent.
Looking back: re-organisation of final disposal and founding of BASE
BASE-Berlin
Allocation of duties before the re-organisation
The Federal Office for Radiation Protection (BfS) was the of the Konrad, Morsleben and Asse II repository projects, as well as the Gorleben exploration mine, until April 2017.
The BfS was bound to the "Deutsche Gesellschaft zum Bau und Betrieb von Endlagern mbH" (DBE mbH) by a non-terminable cooperation agreement (1989). Said company had taken over the operational activities for the Konrad and Morsleben repository projects and the Gorleben exploration mine.
DBE mbH was a privately-owned company, with the nuclear power plants as the major owners. The BfS therefore had only limited influence on the operational business. For: DBE mbH had tried to assert its own interests against the BfS by misusing its monopoly position.
With regard to the Asse II mine, the BfS founded a new federal company, Asse GmbH, which took over operations in 2009. Considerable violations of law by the former , Helmholtz Zentrum München, had become known prior to this.
2016: Bundestag decides to re-organise final disposal
The German Bundestag passed a law to re-organise the organisational structure in the field of final in summer 2016. All tasks were transferred to the state. This law was based on recommendations from Wolfram König, then President of the Federal Office for Radiation Protection (BfS), who headed BASE from 2016 to January 2024.
The aim of the re-organisation was to create more transparency in the organisational structure, and to disentangle economic and security interests.
Founding of BGE mbH and BASE
The law led to the establishment of the Bundesgesellschaft für Endlagerung mbH (BGE mbH) - a federally owned company that emerged from DBE mbH, Asse GmbH and parts of BfS. BGE mbH has been the since 2017, and at the same time responsible for the operational business of the Morsleben and Konrad repositories and the Asse II mine, as well as for the closure of the former Gorleben exploration mine.
Since then, supervision under nuclear law has been the responsibility of the Federal Office for the Safety of Nuclear Waste Management (BASE, formerly BfE), which was also newly founded. BASE also emerged from parts of the BfS.
Stand: 2024.01.31