Nuclear Energy Act (NEA) (NEA)
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Art. 6 Licensing obligation
1 Any person who handles nuclear materials is obliged to obtain a licence from the authority designated by the Federal Council. 2 The Federal Council may impose a licensing obligation for: a. handling or using any materials or equipment intended for, or required for the use of nuclear energy; b. the export or brokerage of technology in accordance with Article 3 letter h, number 3. 3 Licences shall be valid for a limited period only. 4 The Federal Council shall regulate the licensing procedure.
Art. 7 Conditions governing the issue of licences
A licence may be issued if the following conditions are met: a. the protection of humans and the environment is assured, and nuclear safety and security are guaranteed; b. there are no conflicting reasons associated with non-proliferation of nuclear arms, in particular international control measures that are not binding under international law but are supported by Switzerland; c. no sanctions have been imposed under the Embargo Act of 22 March 2002; d. the required insurance cover exists in accordance with the Nuclear Energy Liability Act of 18 March 1983; e. there are no conflicting commitments under international law, and Switzerland’s external security is not affected; f. the persons responsible for the installation concerned possess the necessary expertise.
let. c — SR 946.231 let. d — SR 732.44
Art. 8 Measures in special cases, measures against specific countries, exemptions from the licensing obligation
1 In special cases, the Federal Council or its designated authority may prohibit the import, export, transit and brokerage of nuclear materials, or attach certain conditions thereto, regardless of whether a licensing obligation may exist, if such measures are required in the interests of the non-proliferation of nuclear arms. 2 For the purpose of implementing international treaties, the Federal Council may rule that no licences are to be issued for certain countries or for a specified group of countries. 3 The Federal Council may grant exemption from, or the easing of, licensing obligations, especially for deliveries to countries that are contractual parties to international treaties on the non-proliferation of nuclear arms or which participate in control measures supported by Switzerland.
Art. 9 Reprocessing
1 Spent fuel elements must be disposed of as radioactive waste. They may not be reprocessed or exported for reprocessing. 2 The Federal Council may provide for exceptions for research purposes.
Art. 9 — Amended by Annex No II 7 of the Energy Act of 30 Sept. 2016, in force since 1 Jan. 2018 (AS 2017 6839; BBl 2013 7561).
Art. 10 Transport by air of nuclear materials that contain plutonium
Nuclear materials that contain plutonium may not be transported within Swiss airspace.
Art. 11 Obligation to report and keep records
1 Licence holders are obliged to notify the supervisory authorities without delay in the event of special activities and occurrences relating to the handling of nuclear materials which could interfere with nuclear safety or security. The Federal Council shall specify the activities and events concerned. 2 The Federal Council may impose a reporting obligation for the possession of nuclear materials. 3 Owners of nuclear materials are obliged to monitor their inventories, maintain detailed records thereof, and report on them to the relevant supervisory authorities on a periodical basis. These obligations shall also apply to any nuclear materials they may own that is kept abroad.