Demarcation of the licensing and supervisory procedures for nuclear engineering installations

The remarks can be summed up under 12 points: 1) The protective purpose outlined in Paragraph 1 No. 2 of the Atomic Energy Law is the top priority for both licensing and regulatory authorities. 2) Both authorities must aim at the best possible prevention of hazards and precautions against risks. 3) The licensing procedures cover applications for licenses, the regulatory procedures check and supervise actual activities. 4) The licensing procedures take precedence in chronology and in substance over the regulatory procedure. 5) The licensing procedure is a preliminary check on the intention to carry out nuclear activities before the event; whereas the regulatory procedure controls the licensee after the event to ensure that the latter's activities really do conform to the framework laid down in the license. 6) The licensing procedure must be verified by state supervision with regard to its prognostic activity. 7) The examination criteria are largely identical for both the authorites. 8) The examination tools for the licensing and regulatory authorities also coincide to a large extent. Legal differences in the possible means of enforcement have no effect in practice. 9) Decisions made by either authority can be either in the licensee's favour or to its disadvantage. Nevertheless, the contents of decisions differ widely between the two authorities. 10) The regulatory authorities execute and prepare the decisions of the licensing authorites. 11) Licensing decisions can be designated static/prognostic, whereas regulatory measures accompany the actual performance of the plant and the operating personnel in a dynamic/controlling manner. 12) Regulatory instructions are usually of a temporary nature, whereas licensing actions are permanent as a rule. (orig.)