Nuclear safety - what is it about?

The framework conditions for the use of nuclear energy in the Federal Republic of Germany are laid down in the Basic Law (GG) and the Atomic Energy Act (AtG). The Basic Law regulates legislative and administrative powers in general, while the Atomic Energy Act provides the legal framework for the safe operation of all nuclear facilities as well as the safe and secure handling and transport of radioactive substances. The Atomic Energy Act aims to protect life, health and property against the hazards of nuclear energy. Another purpose of the act is to phase out the use of nuclear energy for the commercial generation of electricity in a controlled manner and to ensure orderly operation up until the date of discontinuation.

Following the events at the Fukushima Daiichi nuclear power plant, the framework conditions to phase out nuclear power for the commercial generation of electricity in Germany (nuclear phase-out) were further specified by the 13th Act amending the Atomic Energy Act, which entered into force in August 2011. Since then, 17 nuclear power plant have ceased operations on this basis for good.

The authorisations for commercial operations for the three remaining nuclear power plants Emsland, Isar 2 and Neckarwestheim 2 expired on 15 April 2023.

Under the Atomic Energy Act, licensing from the competent authority is required for the construction and operation of nuclear facilities, handling and transport of radioactive material and both export and import to ensure protection against the risks associated with radioactive material and control of its use. The act lays down the requirements and procedures for licensing and supervision, including provisions on consulting authorised experts and costs charged.

Licensees have to observe various legislative acts and technical rules that were adopted in Germany to ensure the safe operation of nuclear facilities and the handling and transport of radioactive material. The government supervises compliance with these stipulations. Having received the licence, nuclear installations are subject to continuous state supervision throughout their whole lifetime, including construction and decommissioning. The main objective of the supervisory body is to ensure that the safety level laid down in the licence is maintained and hazards are counteracted where necessary. To this end, the competent authority may also impose obligations retrospectively. Under specific circumstances, the authority may even withdraw the licence or stop operations.

The operation and subsequent dismantling of nuclear power plants generate low-level, intermediate-level and high-level radioactive waste. In addition, radioactive waste arises from the handling of radioactive substances in all nuclear installations and from using radioactive material in industry, trade, research and medicine. Permanent disposal of all types of radioactive wastes in final repositories in deep geological formations will be the last stage of disposal in Germany.

Konrad repository, which is currently being constructed, is licensed to hold 303,000 cubic meters of radioactive waste with negligible heat generation (comparable with the international categorisation as low or intermediate-level waste). Konrad repository is expected to take up operations in 2027.

Radioactive waste is no longer disposed in the final repository Morsleben, located on the area of the former GDR. Until 1998, 37,000 cubic meters of low and intermediate level waste were stored there. The disposal facility will be closed and safely sealed for the long term.

About 47,000 cubic meters of low and intermediate level waste were stored in the Asse II mine between 1967 and 1978. The decision was made to decommission Asse II mine after saline solutions entered the mine and the stability was compromised by the complex tunnel system. The mine will be decommissioned once the radioactive waste has been retrieved.

The site for a repository for high-level radioactive waste will be determined by means of a regulatory site selection procedure with comprehensive public participation. The foundation for this is the Site Selection Act, which entered into force in 2013 and was amended in 2017 in line with the recommendations of the Commission on the Storage of High-Level Radioactive Waste. Exclusion criteria, minimum requirements, consideration criteria and other bases for decision-making, laid down in the act, provide the basis for the site selection procedure. Potential sites include crystalline rock (e.g. granite), rock salt and claystone as host rock. The federal company for radioactive waste disposal (Bundesgesellschaft für Endlagerung, BGE) is responsible for implementation and will carry out a three-stage procedure based on the current Site Selection Act. Based on available geological data, areas will be selected in a first phase. In a second phase, geophysical measuring and drilling will be undertaken to explore the area above ground and identify the sites best suited. In a third phase, the selected areas will be explored even more thoroughly in order to identify the site where the highest possible level of safety can be expected for a period of one million years. At the end of each of the three stages, the federal legislator will take a decision. It will then select the site and lay it down in a federal act.

With regard to nuclear safety and security, no country can be considered in isolation. Germany, too, is a party to the relevant international conventions on nuclear safety, safe disposal, assistance, information and liability. For the members of the European Union, the Council adopted Council Directive 2009/71/EURATOM establishing a Community framework for the nuclear safety of nuclear installations on 25 June 2009 (amended by Directive 2014/87/EURATOM) and Council Directive 2011/70/EURATOM establishing a Community framework for the responsible and safe management of spent fuel and radioactive waste on 19 July 2011, based on the Euratom Treaty (1957) as primary law (also referred to as EAEC). This was the first time that binding European regulations in the field of nuclear safety were adopted. In the meantime, they have been implemented by, for example, the first European stress test and topical peer review on ageing management.

The European Nuclear Safety Regulators Group (ENSREG), a group of high-ranking representatives of nuclear regulatory authorities in the EU member states advising the European Commission, also participated in the preparation of these two directives. The Federal Environment Ministry (BMUV) is a member of both ENSREG and of the Western European Nuclear Regulators Association (WENRA), a group of European regulatory authorities made up of 18 countries whose main task is to share experiences on the safe operation of nuclear power plants and harmonise safety standards in the areas of nuclear safety, decommissioning and disposal. The BMUV is also a member of the Heads of the European Radiological Protection Competent Authorities (HERCA), an association of 32 countries with the aim of improving cooperation on radiation protection at European level, sharing experiences and harmonising the standard of radiation protection in Europe for the long term.

In addition to cooperation at European level, the BMUV is also active at international level, working together directly with the supervisory authorities from other countries as well as indirectly in various groups and international organisations, in particular the International Atomic Energy Agency (IAEA) and the Nuclear Energy Agency (NEA) of the OECD. The BMUV also maintains bilateral relations with neighbouring countries to share information on nuclear safety, radiation protection and emergency response.

Various international activities and joint safety reviews (stress tests) were initiated due to the events in Fukushima (e.g. the European stress test). The BMUV has since been closely involved in developments within Germany brought about in response to the disaster in Fukushima.

In addition to the safe operation of nuclear facilities and the safe handling and transport of radioactive material, security must also be guaranteed at all times. Security within the meaning of the Atomic Energy Act means protection against disruptive action or other interference by third parties, i.e. protection against terrorist attacks or manipulations. For this area, too, there are comprehensive rules and regulations in Germany. They are also part of the state licence for a nuclear facility and compliance is subject to continuous government supervision. However, the specific security measures to be complied with also depend on the prevailing threat situation.

The German rules and regulations governing security also comply with the requirements of the International Convention on the Physical Protection of Nuclear Material (CPPNM) and IAEA recommendations. The European Nuclear Security Regulators Association (ENSRA) is the forum for European cooperation in the field of nuclear security.