Nuclear regulatory authority
In Austria, the legislative and executive powers are divided between the federal state and the provinces. On the federal level, the Federal Ministry of Agriculture and Forestry, Climate and Environmental Protection, Regions and Water Management (BMLUK) is the competent regulatory authority for research reactors and radioactive waste management facilities. The BMLUK is also responsible for general affairs of nuclear co-ordination. The Federal Ministry of Labour, Social Affairs, Health, Care and Consumer Protection (BMASGPK) is responsible for radiation protection matters in the medical field. The Federal Provinces are the competent licensing and inspection authorities for most other practices.
Nuclear activities
In 1978, the Austrian electorate decided in a referendum not to start the operation of the constructed nuclear power plant in Zwentendorf. Immediately thereafter, nuclear fission was banned by a simple law. In 1999, the Austrian parliament passed unanimously the Constitutional Law on a Nuclear-free Austria. It stipulates, inter alia, that installations which serve for energy generation by nuclear power must not be constructed, nor, if they already exist, come on line. Austria has one research reactor facility (TRIGA Mark-II, owned by the Technical University of Vienna) in operation, which is a nuclear installation as defined in the Euratom Nuclear Safety Directive.
Radioactive waste and spent fuel management
Nuclear Engineering Seibersdorf (NES) operates the centralized Radioactive Waste Management Facility in Seibersdorf for pre-disposal management of low- and intermediate level radioactive waste (LILW) in Austria. The waste originates primarily from applications in medicine, research, industry and ongoing decommissioning projects. High-level radioactive waste (HLW) does not arise in Austria. There is no final repository for radioactive waste in operation.
The fuel used in the TRIGA Mark-II research reactor constitutes a loan from the US Department of Energy (DoE) as stipulated in a treaty between the Technical University of Vienna, Euratom and the US DoE. These fuel elements are to be returned back to the USA.
Main legal instruments
The main legal instruments are the following:
- Constitutional Law on a Nuclear-free Austria [BGBl. I No. 149/1999].
- The Radiation Protection Act 2020 [BGBl. I Nr. 50/2020] provides the legal framework for the protection against the dangers arising from exposure to ionising radiation, radioactive waste management and for the safe operation of research reactors in Austria.
- The General Radiation Protection Ordinance 2020 [BGBl. II Nr. 339/2020] stipulates more detailed legal requirements for radiation protection, radioactive waste management and nuclear safety.
- Interventions in emergency as well as in existing exposure situations are regulated by the Intervention Ordinance 2020 [BGBl. II Nr. 343/2020].
- The Radon Protection Ordinance, [BGBl. II Nr. 470/2020] establishes the framework for measures to protect people from the dangers of radon.
- The Radioactive Waste Shipments Ordinance, [BGBl II Nr. 41/2009, last revised with BGBl. II Nr. 331/2020] establishes the procedures for the approval of shipments between Member States and to/from third countries.
- The Medical Radiation Protection Ordinance [BGBl. II Nr. 375/2017, last revised with BGBl. II Nr. 265/2024] regulates in more detail the protection of individuals against harm resulting from ionizing radiation in medicine.
Last updated in August 2025
