Nuclear Background Check Ordinance
| Basic data | |
|---|---|
| Title: | Ordinance for checking the reliability of the protection against theft or release of radioactive substances according to the Atomic Energy Act |
| Short title: | Nuclear Background Check and Reporting Ordinance |
| Abbreviation: | AtZüV |
| Type: | Federal Ordinance |
| Scope: | Federal Republic of Germany |
| Issued on the basis of: | Section 12 (1), Section 54 (1) AtG |
| Legal matter: | Commercial administrative law , environmental law |
| References : | 751-1-7 |
| Issued on: | July 1, 1999 ( BGBl. I p. 1525 ) |
| Entry into force on: | August 1, 1999 |
| Last change by: |
Art. 15 VO from 29 November 2018 ( Federal Law Gazette I, p. 2034, 2199 ) |
| Effective date of the last change: |
December 31, 2018 (Art. 20 of November 29, 2018) |
| Please note the note on the applicable legal version. | |
The Nuclear Reliability Check Ordinance ( AtZüV ) is an ordinance of the German Federal Government , which is based in particular on Section 12 (1) No. 10 and 11 of the Atomic Energy Act .
The licensing and supervisory authorities must check the reliability of persons who work in nuclear facilities or in the transport of nuclear fuels . This review is to be carried out for applicants, license holders and other persons responsible in licensing procedures for the transport, storage, processing, processing and other use of nuclear fuels, for the construction and operation of nuclear reactors and for the construction and operation of accelerators (systems for generating ionizing radiation).
When setting up or operating systems, when handling radioactive substances or when transporting radioactive substances, as standardized in §§ 7, 11 and 16 of the Radiation Protection Ordinance, a reliability check is required if the competent authority requests it, because special protection against unauthorized actions that could lead to theft or the release of radioactive substances is necessary.
Depending on the category, e.g. B. the identity of the person concerned as well as entries in criminal files and personal search files or intelligence information systems. The check must be carried out again every five years.
The person to be checked must have given their consent before the check can be requested.
Doubts about the reliability can e.g. B. result from committed crimes or from membership in organizations or groups that act against the free democratic basic order, against the idea of international understanding or against the peaceful coexistence of peoples.
content
The Nuclear Reliability Check Ordinance is structured as follows:
- § 1 Scope; Definitions
- § 2: Categories of background check
- § 3: Background checks
- § 6: Procedure
- § 7: Completion of the background check
- § 8: period of validity; Repeat check
- § 9: Measures for the individual types of inspection
Sections 4, 10 and 11 are no longer applicable.
Categories and scope of the review
The AtZüV distinguishes between three categories of background checks that have to be carried out depending on the activity or task:
- Comprehensive background check;
- Required for applicants in nuclear licensing procedures or license holders, those responsible for the construction, management and operation as well as members of the property security service of nuclear facilities, personnel who work on security systems in the operation of a facility, etc.
- Advanced Background Check;
- Required for personnel who only have access to the external or internal security area around a system.
- Simple background check;
- Required for personnel who only have access to the external security area around a system.
In accordance with the grading described above, the measures that are initiated by the competent authority during the background check are also graded. In the case of a simple background check , only the Federal Criminal Police Office and the State Criminal Police Offices - for the past five years - and the constitutional protection authorities are asked for information and the personal identity and the police wanted files are checked or checked. With the extended and the comprehensive background check, the verification effort increases both with regard to the retroactive period and the involvement of other authorities (e.g. Federal Central Register , Federal Intelligence Service ).