Handling of Radiation Sources Subject to Authorisation

Description of the subject matter

In most cases a permit according to the Radiation Protection Act is needed for the "handling of radiation sources". Depending on the type and the risk potential of the intended handling, the radiation protection law provides for different authorisation procedures:

  • 2-step procedure with setting-up authorisation and operating license in cases where radiation protection measures are required already at the time of the setting up of facilities (according to section 5 and section 6 of the Radiation Protection ActGerman text)
  • 1-step authorisation procedure (according to section 7 or section 10 of the Radiation Protection ActGerman text)
A special case is the licensing of a specific type of equipment which is applied in large numbers in the framework of a type-approval. If some equipment is type-approved, the enterprise is – except for equipment with a higher risk potential – not subject to authorisation (according to sections 5, 6, 7 or 10 of the Radiation Protection ActGerman text).

One key requirement for authorisation is expert knowledge in the field of radiation protection at the enterprise. The enterprise concerned has to nominate a "radiation protection manager" who – in addition to the corresponding school education – has received training in the field of radiation protection from an officially authorised training body.

In the context of the authorisation under radiation protection law this radiation protection manager is then responsible for the radiation protection measures and is the contact person for the radiation protection authority.

PLEASE NOTE The responsibilities of the holder of permits and of the radiation protection manager for operational radiation protection are set out in section 15 of the Allgemeine Strahlenschutzverordnung, the duties and rights of the radiation protection manager in section 40 of the Allgemeine Strahlenschutzverordnung.

A case apart is the authorisation according to section 10 paragraph 10 of the Radiation Protection ActGerman text for so-called "external enterprises"ʺ whose workers do not handle radiation sources in their own establishments but in other enterprises and who have to be classified as Category A workers. In such cases the radiation protection managers of both enterprises are responsible for the workers; additional regulations such as, for example, the holding of a radiological monitoring document (section 35 f of the Radiation Protection ActGerman text and sections 44 to 50 of the Allgemeine Strahlenschutzverordnung). Such authorisations are rather rare in Austria.

Also each change in or each extension of the handling which increases the risk potential for workers is subject to authorisation (section 8 of the Radiation Protection ActGerman text). Such applications must be submitted to the authority granting the permit; the procedure is similar to that applicable to first authorisation.

Enterprises affected

Enterprises handling radiation sources (unless exempted from the permit requirement according to section 6 of the Allgemeine Strahlenschutzverordnung).

Deadlines

After submission of the application the authority has to issue an official decision within six months (for procedures in accordance with sections 5 and 6 of the Radiation Protection ActGerman text) respectively within three months (in the case of procedures in accordance with sections 7 or 10 Radiation Protection ActGerman text).

Competent authority

In principle, applications have to be filed at the relevant office of the Provincial Government, in the case of licenses for facilities in concentration with procedures with an operating license for a commercial facility at the competent district administration authority.

Procedure

The authorisation procedure is launched upon written application by the enterprise. The application must contain all documents which the authority needs to check whether the requirements for safe handling are met.

These include in particular:

  • Description of the intended handling
  • In the case of the setting up and/or the operation of facilities a detailed description of the facilities, including plans
  • Safety assessment, accident analysis and, where appropriate, emergency plan
  • If necessary, a management concept for the disposal of radioactive waste
  • Nomination of the radiation protection manager incl. presentation of the certificates confirming his/her qualification
  • Judicial record and extract from the register of companies
  • In the case of radiation sources with more than 370 gigabecquerel: Evidence of liability management as provided for in the Atomhaftungsgesetz
  • In the case of highly radioactive radiation sourcesGerman text: Evidence of an insurance for the safe disposal of the radiation source and of a take-back agreement with the supplier

After positive completion of the assessment the authority issues an official authorisation notice which may include additional terms and conditions to be met by the enterprise.

Expenses

Costs depend on the provisions of Anlage 1 − Abschnitt VII. Bundesverwaltungsabgabenverordnung 1983 and section 14 Tarifpost 5 und 6 of the Gebührengesetz 1957

Legal basis

Form

Guideline on safety assessment, accident analysis and emergency planning
German text 

Last update: 01.01.2019

Approved by:
  • Federal Ministry of Sustainability and Tourism

Rate this page

Was this information useful? required field
Transparente Grafik zwecks Webanalyse