National Economic Supply Act (NESA)
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Art. 57 Principles
1 The Federal Council shall issue the implementing provisions and order all necessary measures. 2 … 3 To mitigate severe shortages, it may transfer the authority to release compulsory stocks to the EAER as a precautionary measure. 4 It may authorise the FONES to issue provisions of a technical or administrative nature for the implementation of measures under Articles 31–33. 5 It shall ensure that the general public, private sector and public authorities are sufficiently informed about the supply situation and issues recommendations on increasing security of supply.
Para. 2 — Repealed by No I of the FA of 20 June 2025, with effect from 1 Nov. 2025 (AS 2025 618; BBl 2025 812).
Art. 58 National Economic Supply system
1 The National Economic Supply system comprises the Office of the Delegate, the specialist divisions and the FONES. 2 The Federal Council may designate further federal offices to fulfil the tasks of the National Economic Supply system.
Art. 58 — Amended by No I of the FA of 20 June 2025, in force since 1 Nov. 2025 (AS 2025 618; BBl 2025 812).
Art. 58a Delegate
1 The Federal Council shall appoint a Delegate for the National Economic Supply. This person must have extensive experience in the private sector. 2 The Delegate heads the National Economic Supply system. 3 The Delegate may consult the offices mentioned in Article 58 paragraph 2. 4 The Delegate and the specialist divisions shall monitor the supply situation and conduct the statistical surveys required to guarantee the national economic supply. The Delegate shall also take account of surveys conducted by other authorities or the private sector. 5 The Delegate shall ensure that the processing of statistical data does not distort competition.
Art. 58a — Inserted by No I of the FA of 20 June 2025, in force since 1 Nov. 2025 (AS 2025 618; BBl 2025 812).
Art. 58b Specialist divisions
1 The Federal Council shall appoint the specialist divisions. These may maintain full-time offices. 2 The specialist divisions shall comprise as a majority experts from the private sector as well as experts from the Federal Administration, the cantons, the cities and the communes. The members of the specialist divisions shall disclose their vested interests. 3 The specialist divisions shall provide their expertise and professional network to guarantee the national economic supply. 4 They shall work with the FONES to plan and develop the preparatory measures in accordance with Article 5 paragraph 1. 5 The Federal Council may delegate tasks to the specialist divisions in the event of measures being taken under Articles 31–33. It may authorise the specialist divisions to issue ordinances.
Art. 58b — Inserted by No I of the FA of 20 June 2025, in force since 1 Nov. 2025 (AS 2025 618; BBl 2025 812).
Art. 59 Cantons
1 The cantons shall issue the regulations for the implementation of the tasks assigned to them and make the required administrative appointments. 2 In the event that a canton fails to issue the required implementing provisions in time, then the Federal Council shall order the necessary measures by enacting an ordinance. 3 The Federal Council shall supervise implementation by the cantons. It shall act in individual cases in the place of any canton that has failed to fulfil its duties. In such cases, the canton pays the costs incurred.
Art. 60 Private-sector organisations
1 The Federal Council may transfer public tasks to private-sector organisations in accordance with this Act, in particular: a. monitoring and supervisory activities; b. market observation and analysis; c. implementing preparatory and intervention measures. 2 It may delegate tasks relating to stockpiling to private entities which administer guarantee funds. The FONES may conclude service agreements with the private entities. 3 The FONES oversees the organisations charged with these tasks.
Art. 61 International cooperation
1 In order to guarantee the national economic supply, the Federal Council may conclude international agreements on: a. the exchange of information and cooperation; b. participation in international bodies in the field of economic supply; c. the preparation, application and coordination of measures to overcome supply crises. 2 It may also introduce economic intervention measures to meet international obligations even if there is no existing domestic supply shortage or threat thereof.
Art. 62
Repealed by No I of the FA of 20 June 2025, with effect from 1 Nov. 2025 (AS 2025 618; BBl 2025 812).
Art. 63 Duty of confidentiality
Any person involved in the implementation of this Act is required to preserve professional confidentiality.
Art. 64 Obligation to provide information
1 Everyone must provide the competent authorities and the private sector organisations involved with all the information required for the implementation of this Act, make the required documents available and permit access to their premises and land. 2 Article 169 of the Criminal Procedure Code applies by analogy. 3 Irrespective of any duty of confidentiality, the FOCBS shall provide the FONES, the specialist divisions, the private entities managing the guarantee funds and the private-sector organisations with receipts and data, insofar as these are essential for the implementation of the Act.
Para. 2 — SR 312.0 Para. 3 — Amended by No I 14 of the O of 12 June 2020 on the Amendment of Legislation as a consequence of the Change in the Name of the Federal Customs Administration as part of its further Development, in force since 1 Jan. 2022 (AS 2020 2743).