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 Provisions
Art. 30 Principles
1 Radioactive substances shall be handled in such a manner as to ensure that as little radioactive waste as possible is produced. 2 All radioactive waste produced in Switzerland shall, as a general rule, be managed in Switzerland. 3 Radioactive waste shall be managed in such a manner as to ensure the permanent protection of humans and the environment.
Art. 31 Obligation to manage and dispose of radioactive waste
1 Any person who operates or decommissions a nuclear installation is obliged to safely manage all radioactive waste arising from that installation at their own cost. The obligation to manage and dispose of radioactive waste shall encompass the necessary preliminary activities such as research and geological investigations, as well as the timely provision of a deep geological repository. 2 The obligation to manage and dispose of radioactive waste is met if: a. the radioactive waste has been transferred to a deep geological repository and the funds required for the monitoring period and the eventual closure have been secured; b. the radioactive waste has been transferred to a waste management installation abroad. 3 If a general licence for a nuclear power plant has been transferred to another licence holder (Article 66 paragraph 2), the previous and the new licence holder shall be responsible for the management of all radioactive waste and spent fuel produced up to the time of transfer o
Art. 32 Waste management programme
1 Those required to manage and dispose of radioactive waste shall draw up a waste management programme, which shall include a financial plan up to the time at which the nuclear installations will be taken out of operation. The Federal Council shall specify a deadline by which the waste management programme is to be submitted. 2 The waste management programme shall be reviewed by an authority designated by the Federal Council, after which it shall be forwarded by the Department to the Federal Council for approval. 3 The authority designated by the Federal Council shall monitor compliance with the programme after it has been approved. 4 The persons responsible for the management of radioactive waste are obliged to periodically adapt the programme to changing circumstances. 5 The Federal Council shall provide regular reports on the programme to the Federal Assembly.
Art. 33 Waste management by the Confederation
1 The Confederation shall be responsible for the management of: a. radioactive waste that has been delivered in accordance with Article 27 paragraph 1 RPA; b. other radioactive waste at the expense of the Disposal Fund, if the persons responsible for the management of radioactive waste should fail to fulfil their obligation. 2 For this purpose, the Confederation may: a. participate in geological investigations or carry out such investigations itself; b. participate in the construction and operation of a waste management installation or construct and operate such a installation itself.
Para. 1 let. a — SR 814.50
Art. 34 Handling radioactive waste
1 Articles 6 to 11 apply analogously with regard to the handling of radioactive waste outside nuclear installations. 2 A licence for the import of radioactive waste from nuclear installations that has not been produced in Switzerland, but is to be managed here, may be granted by way of exception if the following conditions are met in addition to those cited in Article 7 above: a. Switzerland has consented to the import of radioactive waste for management purposes in an agreement under international law; b. Switzerland has a suitable waste management installation that corresponds to the latest international standards of science and technology; c. all countries concerned have given their consent to the transit of the radioactive waste in question; d. the importer and the exporter of the radioactive waste consignment have signed a legally binding agreement that has been approved by the country of origin and stipulates that the exporter shall accept the consignment if it has to be returned
Section 2 Geological Investigations
Art. 35 Licensing obligation and conditions
1 Geological investigations to be carried out in order to examine potential sites for a deep geological repository require a licence from the Department. 2 The licence is granted if the following conditions are met: a. the planned investigations are suitable for providing the necessary basis for subsequent evaluation of the safety of a deep geological repository without affecting the suitability of the site; b. the granting of the licence does not conflict with any other provisions of federal legislation, in particular legislation governing environmental protection, nature conservation, protection of natural and cultural landscapes, and spatial planning. 3 The Federal Council may waive the licensing obligation in the case of investigations that have very little impact on the immediate surroundings.
Art. 36 Content of the licence for geological investigations
1 The licence specifies: a. the main aspects of the investigations, including in particular the approximate location and extent of drilling and underground structures; b. the investigations that may only be carried out after a permit has been obtained from the relevant supervisory authorities; c. the scope of geological documentation. 2 The licence shall be valid for a limited period only.
Section 3 Special Provisions for Deep Geological R
Art. 37 Operating licence
1 An operating licence for a deep geological repository is granted if the following conditions are met in addition to those cited in Article 20 paragraph 1: a. the findings obtained during construction confirm the suitability of the site; b. it is possible to retrieve the radioactive waste without undue effort until closure of the repository. 2 The operating licence shall specify the definitive protection zone for the deep geological repository. 3 It shall specify certain requirements, in particular activity limits for the waste to be stored. The emplacement of each type of waste requires a permit to be obtained beforehand from the relevant supervisory authorities.
Art. 38 Special obligations on the part of an operating licence holder for a deep geological repository
1 The Federal Council may oblige the holder of an operating licence for a deep geological repository to take radioactive waste originating from Switzerland against payment of sufficient remuneration to cover costs, as long as the waste concerned meets the requirements cited in the operating licence. 2 The licence holder is obliged to keep complete records of all findings obtained up to the end of the monitoring period and of relevance to safety, together with plans of the deep geological repository and an inventory of radioactive waste stored therein. 3 For as long as the deep geological repository remains subject to nuclear energy legislation, the operating company may only be liquidated with the prior consent of the Department.
Art. 39 Monitoring period and closure
1 The owner of a deep geological repository is obliged to submit an updated project for the monitoring period and a project for the eventual closure if: a. the emplacement of radioactive waste has been completed; b. the operating licence has been withdrawn or has expired in accordance with Article 68 paragraph 1 letters a or b, and the Department has ruled that a project must be submitted. 2 Upon expiry of the monitoring period, the Federal Council shall order the closure of the repository, if the permanent protection of humans and the environment is ensured. 3 After the repository has been closed in accordance with the applicable regulations, the Federal Council may stipulate that it must be monitored for a further limited period of time. 4 After the repository has been closed in accordance with the applicable regulations, or upon expiry of the additional monitoring period, the Federal Council shall declare that the disposal installation is no longer subject to the provisions of nucle
Art. 40 Protection of a deep geological repository
1 The protection zone is the underground area in which intervention could interfere with the safety of the repository. The Federal Council shall specify the criteria for the protection zone. 2 Anyone intending to carry out deep drilling, construct shafts, carry out explosions or other activities that affect a designated protection zone is required to apply to an authority designated by the Federal Council for a licence. 3 The authority designated by the Federal Council shall enter a provisional registration of the protection zone with the relevant land registry following the issue of a general licence and a definitive entry following the issue of an operating licence. The cantonal authorities shall enter into the land register those plots of land affected by the designation of a protection zone which are not recorded in the land register. Plots of land for which no official survey has been carried out, shall be duly surveyed (initial or repeat survey). The Federal Council shall regulat
Art. 41 Submission and use of geological data
1 Raw data and findings obtained from geological investigations and during the construction of a deep geological repository shall be submitted to the Confederation on request free of charge. 2 The Federal Council shall regulate access to and use of this data, and in so doing shall protect the interests of the owners of the data.