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.
Section 1 General Licence
Art. 12 Licensing obligation
1 Anyone intending to construct or operate a nuclear installation requires a general licence issued by the Federal Council. Article 12a is reserved. 2 No legal entitlement exists with respect to the granting of a general licence. 3 Nuclear installations with a low hazard potential do not require a general licence. The Federal Council shall specify the installations concerned.
Para. 1 — 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. 12a Ban on granting general licences for nuclear power plants
The granting of general licences for the construction of nuclear power plants is prohibited.
Art. 12a — Inserted 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. 13 Conditions governing the granting of a general licence
1 A general licence may be granted if the following conditions are met: a. the protection of humans and the environment can be ensured; b. the granting of the licence does not conflict with any other provisions of federal legislation, in particular legislation governing environmental protection, preservation of local natural and cultural heritage, and spatial planning; c. a plan has been submitted for decommissioning, or for the monitoring period and the closure of the installation; d. evidence has been provided for the disposal of resulting radioactive waste; e. Switzerland’s external security is not affected; f. there are no conflicts with commitments under international law; g. with regard to deep geological repositories, the results of geological investigations confirm the suitability of the site. 2 The general licence shall be granted to a company limited by shares, co-operative or public law entity. If the applicant is a foreign company, it must have a branch registered in the co
Art. 14 Content of the general licence
1 The general licence shall specify: a. the licence holder; b. the location of the installation; c. the purpose of the installation; d. a brief outline of the project; e. the maximum permissible exposure to radiation for people in the vicinity of the installation; f. and with regard to deep geological repositories: 1. criteria which, if not fully met, lead to the exclusion of a planned disposal zone due to lack of suitability, 2. a provisional protection zone. 2 A brief outline of the project shall include descriptions of the approximate size and location of the main buildings constituting the installation and the following: a. with regard to nuclear reactors: the reactor system, output category, and main cooling system; b. with regard to storage or disposal installations for nuclear materials or radioactive waste: the categories of waste to be emplaced and the maximum capacity. 3 The Federal Council shall specify a deadline for the submission of an application for a construction licen
Section 2 Construction
Art. 15 Licensing obligation
Anyone intending to construct a nuclear installation requires a construction licence from the Federal Department of Environment, Transport, Energy and Communications the (Department).
Art. 16 Conditions governing the granting of a construction licence
1 A construction licence is granted if the following conditions are met: a. the protection of humans and the environment is ensured; b. the project meets the principles governing nuclear safety and security; c. the granting of the licence does not conflict with any other provisions of federal legislation, in particular governing environmental protection, preservation of local natural and cultural heritage, and spatial planning; d. the applicant is able to guarantee professional project management and has drawn up a programme of measures relating to quality assurance for all construction activities; e. a plan has been submitted for decommissioning, or a project for the monitoring period and a plan for the closure of the installation. 2 For installations that require a general licence, a construction licence will only be granted if: a. the applicant is in possession of a legally valid general licence; b. the project concerned complies with the provisions of the general licence. 3 For ins
Art. 17 Content of the construction licence
1 The construction licence shall specify: a. the licence holder; b. the location of the installation; c. the planned reactor thermal power output or capacity of installation; d. the main elements of technical implementation; e. a brief outline of emergency protection measures; f. a list identifying all structures, systems and components of the installation that may only be constructed or installed after a permit has been issued by the relevant supervisory authority. 2 The Department shall specify a deadline for the commencement of construction work. It may extend this deadline in certain justified cases.
Art. 18 Execution of project
The licence holder is obliged to draw up and keep a complete set of documents concerning technical installations, inspections and tests that have been carried out.
Section 3 Operation
Art. 19 Licensing obligation
Anyone intending to operate a nuclear installation requires an operating licence granted by the Department.
Art. 20 Conditions governing the granting of an operating licence
1 An operating licence is granted if the following conditions are met: a. the applicant is the owner of the nuclear installation in question; b. all provisions pertaining to the general licence and construction licence have been met; c. protection of humans and the environment is ensured; d. the installation and planned type of operation meet the relevant nuclear safety and security requirements; e. the requirements on personnel and organisation can be met; f. appropriate measures have been prepared to secure quality assurance for all activities to be carried out within the installation; g. appropriate measures for dealing with emergencies have been prepared; h. the prescribed insurance cover exists in accordance with the Nuclear Energy Liability Act of 18 March 1983. 2 The operating licence may be granted at the same time as the construction licence if the requirements for safe operation can be assessed conclusively at the time of application. 3 The owner of a nuclear reactor may stor
Para. 1 let. h — SR 732.44
Art. 21 Content of the operating licence
1 The operating licence shall specify: a. the licence holder; b. the permitted reactor thermal output or capacity of the installation; c. the limits for release of radioactive substances into the environment; d. the measures for environmental surveillance; e. the safety, security, and emergency measures to be taken by the licence holder during operation of the installation; f. the levels of start-up that require a permit from the relevant supervisory authority prior to commencement of operation of the installation. 2 The validity of an operating licence may be limited to a specific period.
Art. 22 General obligations on the part of the licence holder
1 The licence holder is responsible for the safety of the installation and its operation. 2 In this connection it shall: a. always give the necessary priority to nuclear safety during operation of the installation, i.e. comply with all specified operating limits and conditions; b. establish a suitable organisation and employ an adequate number of appropriately qualified personnel; the Federal Council shall specify minimum requirements and regulate the training of specialised staff; c. take measures to ensure that the installation is kept in good condition; d. carry out follow-up inspections and systematic safety and security evaluations throughout the entire service life of the installation; e. in the case of nuclear power plants, carry out a comprehensive periodic safety review; f. periodically report to the relevant supervisory authorities about the condition and operation of the installation, and notify them without delay about any events that may occur; g. backfit the installation
Art. 23 Security guards
1 The Department is authorised to require licence holders to maintain armed security guards to protect nuclear installations against unlawful access or interference. 2 The Federal Council shall regulate the requirements placed on the security guards and shall specify the duties and authority of the personnel after consultation with the relevant cantonal authorities. 3 The canton in which the installation is located shall regulate the training of the security guards in collaboration with the relevant supervisory authority.
Art. 24 Reliability assessments
1 Persons appointed to positions that are essential for nuclear safety and security shall regularly undergo reliability assessments. 2 These assessments may involve the processing of data concerning the health and mental ability of the subject concerned, together with data regarding his or her lifestyle and habits that may be of relevance to security. 3 Data may be passed on to the ownerof the installation and to the relevant supervisory authority. 4 The Federal Council shall determine which persons shall be subject to reliability assessments and a trustworthiness check and shall also regulate the assessment procedure. It shall specify the authority that is to carry out reliability assessments, process the related data and maintain the associated database.
Para. 2 — Amended by Annex 1 No II 57 of the Data Protection Act of 25 Sept. 2020, in force since 1 Sept. 2023 (AS 2022 491; BBl 2017 6941).
Art. 25 Measures in extraordinary situations
The Federal Council may order the precautionary shutdown of nuclear power plants in extraordinary situations.
Section 4 Decommissioning
Art. 26 Decommissioning obligations
1 The owner of a nuclear installation is obliged to decommission the installation if: a. it has been definitively taken out of operation; b. the operating licence has not been granted or has been withdrawn or has expired in accordance with Article 68 paragraphs 1 letters a or b, and the Department has ordered the installation to be decommissioned. 2 In this connection the owner is obliged: a. to meet all requirements relating to nuclear safety and security; b. to transfer all nuclear materials to another nuclear installation; c. to decontaminate radioactive components or treat them as radioactive waste; d. to properly manage and dispose of radioactive waste; e. to maintain surveillance of the installation until such time as all sources of nuclear risks have been removed.
Art. 27 Decommissioning project
1 The owner of a nuclear installation is required to submit a project to the relevant supervisory authorities outlining the plans for its decommissioning. The supervisory authority concerned shall specify a deadline for this purpose. 2 The project shall describe: a. the various project phases and overall timetable; b. each step in the process of dismantling and demolition; c. protective measures; d. personnel requirements and organisation; e. the management of radioactive waste; f. overall costs, measures taken by the operator to secure the necessary financing.
Art. 28 Decommissioning order
The Department orders the decommissioning of nuclear installations and specifies which tasks require a permit to be obtained from the supervisory authorities.
Art. 29 Completion of decommissioning
1 After the decommissioning activities have been completed in accordance with the applicable regulations, the Department shall verify that the installation no longer represents a radiological risk and is thus no longer subject to the provisions of nuclear energy legislation. 2 The company that was ordered to decommission the nuclear installation may only be liquidated with the prior consent of the Department.