ABSTRACT
This chapter describes what nuclear waste is and at which point the German legal system classifies nuclear material as radioactive material. It also covers the analysis of the constitutional framework that specifically refers to the issues of radioactive waste management. This chapter also analyses and distinguishes commonly applied methods of disposing radioactive waste (that are temporary) from genuine disposal of radioactive waste.
Furthermore, this chapter presents the reasons for which this area remained unregulated for decades and why at some point the lawmaker introduced an obligation to reprocess spent fuel. Because reprocessing of spent fuel is based on the concept of a closed fuel cycle, the chapter expands on this concept, efficiency of this process, as well as on its ties with non-proliferation issues.
The chapter also discusses the regulatory approach to protecting against the consequences of ionising radiation. These provisions i.a. enable determining the decommissioning of former nuclear installations, thus ascertaining when particular elements of nuclear installation are no longer classified as nuclear waste.
Finally, this chapter also covers transportation of spent fuel as well as analyses the legal pathways for shutting down active nuclear installations. It also presents the progress in the area of shutdown and decommissioning of nuclear reactors in Germany.
