[en] The paper reviews the amendments made and those that are in preparation, as e.g. an amendment of the Radiation Protection Ordinance, of the Nuclear Installations Ordinance, and supplementing provisions to the Nuclear Financial Security Ordinance that had to be made in the wake of the new nuclear liability provisions. Further activities reported include those of the German Bundestag, particularly in the field of advanced reactors, nuclear fuel reprocessing, and waste management. As to the application of the law, the author discusses the executive - Federal Government and Laender Governments - and the judiciary, and principle decisions of the Federal Administrative Court concerning concept outline licences and the obligation to take precautionary measures for prevention of damage. (HSCH)

[en] The convenient edition contains the entire body of German atomic energy and radiation protection laws in their updated version as of June 1992. Thus it also takes the amendments of the Atomic Energy Act (Article 22 Paragraph 1 Sentence 1 and Paragraph 3 as well as Article 46 Paragraph 3 Atomic Energy Act) into account on the basis of the Law on the Establishment of a Federal Export Office from February 28, 1992 (Code of Federal Laws I, pp. 376 ff). As a result of this law, which became effective as of April 1, 1992, within the scope of business of the Federal Ministry for Economic Affairs, a federal export office was established which was endowed with the status of a federal agency. This office is in charge of administrative and supervisory tasks on the federal level. Within the framework of the atomic energy law this agency is in charge of export and import permits as well as the supervision of the export and import of nuclear fuel and other radioactive materials. (orig./HP)

[en] The contribution deals with a recent decision by the Federal Labour Court, concerning the right of codetermination of the works council in matters of security of nuclear installations and decisions taken in this field by an official directive. Codetermination, the Court decided, requires a right of determination by the employer alone, and in cases where this right is restricted by the law due to powers of a government authority, there is no right of codetermination of the works council. (orig.)

[en] In contrast to its abstinence from making new laws in the field of atomic energy, the Federal German parliament and the government have been quite active on the political level and in the field of administrative and enforcement regulations (as shown by the enquete commission, nuclear licensing procedure, nuclear installations ordinance). Another important step forward has been taken in the field of nuclear waste management, with the decision to license on-site and intermediate waste storage facilities. The author also discusses a decision by the Darmstadt administrative court concerning the Biblis on-site spent fuel storage facility. (DG)

[en] A survey is given of the development of the German Atomic Energy Law during the years 1985/86 and in the early part of 1987. While 1985 was characterized but by changes as regards liabilities and the jurisdiction of the administrative courts, 1986 was the year of political, administrative and legislative changes caused by the Chernobyl reactor accident. One example is the issuance of the Preventive Radiation Protection Law in December 1986. Moreover, reference is made to the issuance of the revised X-Radiation Ordinance in January 1987 as well as to the general development of radiation protection laws. A final survey is dedicated to essential results of atomic energy law legislation. (orig.)

[en] The author deals with the question which consequences atomic security conditions have on industrial co-determination. With regard to the security purpose in sec. 1 no. 2 Atomic Energy Act he comes to the conclusion that only the operator is competent to make decisions and that in this respect the co-determination of the works council is excluded. (WG)

[en] Legal issues are discussed concerning the licencing qualification of compact and intermediate stores for spent fuel elements, waste disposal precautions as a prerequisite for licencing, the relationship between atomic law standards and other licencing regulations under public law related to the field of waste disposal, and the settlement of waste management in the radiation protection act to become valid in the future. (DG)

[en] Starting out from the protective purposes of the Atomic Energy Act, the author emphasizes the competence of the executive to concretize existing legal norms. Given in the form of an administrative act creating a legally binding obligation, governmental action has the effect of a provision of law within the meaning of section 87 BetrVG and thus excludes the right of codetermination of the works council. If there remains a margin for arrangements between employer and employees, the employer is given the final competence to decide, irrespective of the works council's right to obtain and discuss information. Official participation of the works council in the nuclear licensing procedure, as laid down in the draft version of a bill on nuclear power phase-out, cannot be accepted as it is inconsistent with the existing law concerning employees' representation and codetermination, and as it blurs the limits of responsibility of the state and the operator. (RST)

No abstract available

[en] The subject of a licence acc. paragraph 7 Atomic Energy Act is a 'plant'. This term is not defined in the Atomic Energy Act which leads to essential interpretation difficulties in practise. With regard to a planned future legal clarification, the author shows some aspects important for this and makes at the same time a suggestion for solution. In his opinion, only those parts of the plant are to be referred to which, space-wise and functionally, form a technical unit and which ensure the nuclear function of the plant. (UN)