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. 42 Application procedure
Applications for a general licence must be submitted to the Swiss Federal Office of Energy the (Federal Office), together with all necessary documentation. The Federal Office then examines the application and requests any further information that may be required.
Art. 43 Expert reports and advisory opinions
1 The Federal Office shall obtain the necessary expert reports on the following aspects: a. protection of humans and the environment; b. disposal of radioactive waste. 2 It shall then requests the cantonal authorities and government expert bodies to comment on the application and expert reports within three months. Other deadlines may apply for the associated environmental impact report. The Federal Office may extend the deadline if the situation requires. 3 The conciliation procedure within the Federal Administration is based on the provisions of Article 62b of the Federal Act of 21 March 1997 on the Organisation of the Government and the Administration (GAOA).
Para. 3 — SR 172.010
Art. 44 Involvement of the canton in which the installation is to be located
The Department shall involve the canton in which the installation is to be located as well as the cantons and countries whose borders lie in the immediate vicinity of the planned location before making a decision on the general licence. The concerns of the canton in which the installation is to be located as well as those of the cantons and countries whose borders lie in the immediate vicinity must be taken into account, provided this does not place unreasonable limitations on the project.
Art. 45 Publication and public inspection
1 The application and advisory opinions of the cantons and relevant authorities, as well as all associated expert reports, shall be made available for public inspection for a period of three months. 2 Notice of the public inspection shall be published in the official gazette of each canton and commune concerned, as well as in the Swiss Federal Gazette.
Art. 46 Objections and appeals
1 Well-founded objections to the granting of a general licence must be submitted in writing to the Federal Office within three months of publication. The Federal Council may extend the deadline by a maximum of three months upon receipt of a justified application. There are no costs associated with objections, nor is there any entitlement to compensation of parties. 2 Anyone classified as party in accordance with the provisions of the Federal Administrative Procedure Act of 20 December 1968 (APA) may file an appeal with the Federal Office within three months of publication. Communes may seek to safeguard their interests by lodging an appeal. Otherwise the provisions of the APA apply. 3 Parties resident abroad must provide an address in Switzerland for notification purposes. Failure to do so may result in non-notification or non-publication in the Swiss Federal Gazette.
Para. 2 — SR 172.021
Art. 47 Advisory opinions on objections and appeals
1 The Federal Office shall invite cantonal authorities, specialised institutions and recognised experts to submit advisory opinions on objections and appeals for the attention of the Federal Council. 2 The settlement of differences within the Federal Administration is based on the provisions of Article 62b GAOA.
Para. 2 — SR 172.010
Art. 48 Ruling on applications
1 The Federal Council shall be responsible for ruling on all applications, objections and appeals. 2 It shall submit its rulings to the Federal Assembly for approval. 3 If the Federal Council should decide not to grant a general licence, and the Federal Assembly fails to approve this ruling, the Federal Assembly shall instruct the Federal Council to grant the general licence together with any conditions that the Federal Assembly may have attached to it, and to re-submit its decision to the Federal Assembly for approval. 4 Resolutions by the Federal Assembly concerning the approval of general licences are subject to optional referendum.
Section 2 Construction Licences for Nuclear Instal
Art. 49 General provisions
1 The procedures governing construction licences for nuclear installations and licences for geological investigations are governed by the APA unless this Act provides otherwise. 1bis If compulsory purchases are required, the provisions of the Federal Act of 20 June 1930 on Compulsory Purchase (CPA) also apply. 2 The granting of a licence encompasses all requirements in accordance with federal legislation. 3 Cantonal licences and plans are not required. Cantonal legislation must be taken into account, insofar as this does not unduly compromise the project. 4 The Department shall consult the canton in which the installation is located before it grants a licence. If the canton should reject the application, but the Department nonetheless issues the licence, the canton shall be entitled to file an appeal. 5 A nuclear installation also encompasses all exploitation and installation sites associated with its construction and operation. Geological investigations and deep geological repositorie
Para. 1 — SR 172.021 Para. 1 — Amended by Annex No 11 of the FA of 19 June 2020, in force since 1 Jan. 2021 (AS 2020 4085; BBl 2018 4713). Para. 1bis — SR 711 Para. 1bis — Inserted by Annex No 11 of the FA of 19 June 2020, in force since 1 Jan. 2021 (AS 2020 4085; BBl 2018 4713).
Art. 50 Application procedure
Applications must be submitted to the Federal Office, together with all necessary documentation. The Federal Office then examines the application and requests any further information that may be required.
Art. 51 Compulsory purchase rights
For the applicant, compulsory purchase rights apply as follows: a. for the construction, operation and decommissioning of a nuclear installation for which a general licence is required; b. for geological studies that require a licence; c. for the construction of exploitation and installation sites that are directly associated with projects in accordance with letters a and b; d. for sites for the use or storage of excavated, extracted and demolition material that are directly related to the project in spatial and functional respects.
Art. 52 Marking boundaries and erecting profile frames
1 Before the application is made available for public inspection, the applicant must make the changes that the planned installation or planned geological studies will have on the site and its surroundings clearly visible by marking the boundaries and, in the case of buildings, erecting profile frames. 2 Any objections to the marked boundaries or erected profiles must be submitted to the Federal Office immediately, or in any case no later than the expiry of the inspection deadline.
Art. 53 Consultation, publication and public inspection
1 After receiving an application, the Federal Office shall forward it to the cantonal authorities concerned and request them to submit an advisory opinion within three months. The Federal Office may extend the deadline in certain justified circumstances. 2 The application shall be published in the official gazette of each canton and commune concerned, as well as in the Swiss Federal Gazette, and made available for public inspection for a period of 30 days. 3 ...
Para. 3 — Repealed by Annex No 11 of the FA of 19 June 2020, with effect from 1 Jan. 2021 (AS 2020 4085; BBl 2018 4713).
Art. 54
Repealed by Annex No 11 of the FA of 19 June 2020, with effect from 1 Jan. 2021 (AS 2020 4085; BBl 2018 4713).
Art. 55 Objections
1 Anyone deemed to be party in accordance with the provisions of the APA may file an objection with the Federal Office during the public notification period. Persons who do not file an objection are excluded from any future proceedings. 2 Any person who is a party under the provisions of the CPA may file applications under Article 33 CPA during the public inspection period. 3 The communes concerned may seek to safeguard their interests by filing an objection 4 Article 46 paragraph 3 applies with regard to parties resident abroad.
Para. 1 — SR 172.021 Para. 1 — Amended by Annex No 11 of the FA of 19 June 2020, in force since 1 Jan. 2021 (AS 2020 4085; BBl 2018 4713). Para. 2 — SR 711 Para. 2 — Amended by Annex No 11 of the FA of 19 June 2020, in force since 1 Jan. 2021 (AS 2020 4085; BBl 2018 4713).
Art. 56 Conciliation procedure within the Federal Administration
The conciliation procedure within the Federal Administration is based on the provisions of Article 62b GAOA.
SR 172.010
Art. 57 Ruling on appeals
When it grants the necessary licence, the Department simultaneously rules on all claims and appeals associated with compulsory purchase rights.
Art. 58 Conciliation and assessment procedure, premature occupancy
1 After the licensing procedure has been concluded, a conciliation and assessment procedure shall be carried out before the Compulsory Purchase Tribunal (insofar as this may be necessary), in accordance with the provisions of the CPA. 2 ... 3 The Chairman of the Compulsory Purchase Tribunal may approve premature occupancy on the basis of an enforceable licence ruling. For this purpose it shall be assumed that the expropriator would suffer significant disadvantages if premature occupancy were to be denied. Otherwise the provisions of Article 76 of the CPA apply.
Art. 58 — Amended by Annex No 11 of the FA of 19 June 2020, in force since 1 Jan. 2021 (AS 2020 4085; BBl 2018 4713). Para. 1 — SR 711 Para. 1 — Amended by Annex No 11 of the FA of 19 June 2020, in force since 1 Jan. 2021 (AS 2020 4085; BBl 2018 4713). Para. 2 — Repealed by Annex No 11 of the FA of 19 June 2020, with effect from 1 Jan. 2021 (AS 2020 4085; BBl 2018 4713).
Art. 59 Claims associated with compulsory purchase rights based on the protection zone
1 In the event that any restrictions on the use of property should arise in association with the definition of the protection zone that would be equivalent to compulsory purchase, these shall be compensated in full. The circumstances at the time at which the property restrictions came into effect apply for the purpose of assessing the amount of compensation to be paid. 2 It is the owner of the deep geological repository who shall be obliged to pay compensation. 3 The party affected by the property restriction shall file their claims with the owner of the repository in writing within five years following definitive registration (Art. 40 para. 3). In the event that any claims should be contested in full or in part, the procedure is governed by the CPA. 4 ... 5 Compensation shall become interest-bearing with effect from the date on which the property restrictions came into effect.
Para. 3 — SR 711 Para. 3 — Second sentence amended by Annex No 11 of the FA of 19 June 2020, in force since 1 Jan. 2021 (AS 2020 4085; BBl 2018 4713). Para. 4 — Repealed by Annex No 11 of the FA of 19 June 2020, with effect from 1 Jan. 2021 (AS 2020 4085; BBl 2018 4713).
Art. 60 Involvement of the cantons in the disposal of excavated, extracted and demolition material
1 In the event that geological investigations and the construction of a deep geological repository should result in significant volumes of excavated, extracted or demolition material that cannot be used or stored in the immediate vicinity of the site, the authorities of the canton concerned shall designate sites necessary for the disposal of that material. 2 In the event that the canton concerned has not granted a licence, or that the licence issued has not entered into force at the time the construction licence for carrying out geological investigations is granted, the Department may designate an interim storage site and attach conditions and requirements governing its use. The provisions governing procedures as specified in this section apply. The canton concerned shall designate sites for the disposal of the material within a period of five years.
Section 3 Operating Licence for Nuclear Installati
Art. 61 Operating licence for nuclear installations
The procedure for obtaining an operating licence for a nuclear installation is regulated in Article 49 paragraphs 1–4, Article 50, Article 51 and Articles 53–59.
Art. 62 Decommissioning of nuclear installations
The procedure for decommissioning nuclear installations is regulated in Article 49 paragraphs 1–4 and Articles 50–58 and 60.
Art. 63 Closure of a deep geological repository
The procedure for the closure of a deep geological repository is regulated in Article 49 paragraphs 1-4 and Articles 50, 53 and 55.
Section 4 Other Rulings, including Permits
Art. 64
1 For rulings in accordance with this Act other than those governed by sections 1 to 3 of this chapter, the provisions of the APA apply. 2 Article 46 paragraph 3 applies with respect to parties who are resident abroad. 3 Only the applicant shall have party status in the procedure governing permits from the supervisory authorities.
Para. 1 — SR 172.021
Section 5 Amendment, Transfer, Withdrawal and Expi
Art. 65 Amendment
1 After completion of the procedure for the granting of a general licence, an amendment is required: a. for a change of purpose or scope of activities of a nuclear installation that requires a general licence (this does not include decommissioning or closure); b. for a comprehensive upgrading of a nuclear power plant in order to extend its service life, especially if the reactor vessel is to be replaced. 2 After the respective issuing procedure has been completed, an amendment to a licence or order is required in the event of any significant deviations from the original construction licence, operating licence, and licence for carrying out geological investigations, and orders regarding decommissioning and closure. 3 In the event of amendments that do not deviate significantly from the respective licence or order as cited in paragraph 2, but which may have an influence on nuclear safety or security, the holder is required to obtain a permit from the supervisory authorities. 4 All other
Art. 66 Transfer
1 The licensing authority may transfer a licence to a new holder if the latter meets the specified requirements. 2 A general licence for a nuclear power plant may be transferred if the previous holder has also secured the financing of decommissioning and disposal in accordance with the duration of operation. 3 The Federal Council is responsible for the transfer of a general licence. Before doing so, it shall first request the authorities of the canton in which the installation is located to submit an advisory opinion. 4 When a general licence is thus transferred, the construction licence and operating licence shall be transferred with it. Construction licences and operating licences may not be transferred separately. 5 In the procedure governing the transfer of a general licence, only the applicant and the previous licence holder shall have the status of party. The provisions of the APA apply. 6 Licences for handling nuclear goods and radioactive waste are non-transferable.
Para. 5 — SR 172.021
Art. 67 Withdrawal
1 The licensing authority shall withdraw a licence if: a. the prerequisites for granting it are not, or are no longer, met; b. the licence holder fails to comply with a ruling or ordered measure despite having been reminded to do so. 2 The Federal Council shall be responsible for decisions concerning the withdrawal of a general licence. 3 The decision of the Federal Council shall be subject to approval by the Federal Assembly. 4 The withdrawal of the general licence also entails the withdrawal of the construction licence and of the operating licence. 5 The provisions of the APA apply to the withdrawal of a general licence.
Para. 5 — SR 172.021
Art. 68 Expiry
1 The licence expires when: a. the period of validity cited therein has elapsed; b. the licence holder notifies the licensing authority that it wishes to renounce the licence; c. the Department or the Federal Council declare (in accordance with Article 39 paragraph 4) that the site is no longer subject to the provisions of nuclear energy legislation. 2 A general licence shall expire if an application for a construction licence is not submitted within the stated period. A construction licence shall expire if construction work is not commenced within the stated period. 3 When a general licence expires, the construction licence and operating licence shall expire with it.
Art. 69 Applicability of licence provisions
1 The provisions included in an operating licence that are required to maintain the security of a nuclear installation both while it is operational and after it has ceased operation shall remain in effect after withdrawal or expiry of the licence, until such time as arrangements have been completed regarding decommissioning and sealing. 2 Paragraph 1 applies analogously to the withdrawal and expiry of a licence in accordance with Article 20 paragraph 3.
Section 6 Supervision
Art. 70 Supervisory authorities
1 The supervisory authorities are: a. where nuclear safety and security are concerned, the Swiss Federal Nuclear Safety Inspectorate (ENSI) in accordance with the Federal Act of 22 June 2007 on the Swiss Federal Nuclear Safety Inspectorate; b. other agencies to be designated by the Federal Council. 2 These shall not be bound on technical matters by directives, and must be formally separated from the licensing authorities.
Para. 1 let. a — The title of this administrative unit was amended in application of Art. 16 para. 3 of the Publications Ordinance of 17 Nov. 2004 (AS 2004 4937). This amendment was made throughout the text. Para. 1 let. a — SR 732.2 Para. 1 let. b — Amended by Art. 25 No 2 of the FA of 22 June 2007 on the Swiss Federal Nuclear Safety Inspectorate, in force since 1 Jan. 2009 (AS 2007 5635; BBl 2006 8831).
Art. 71 Federal Nuclear Safety Commission
1 The Federal Council shall appoint the Federal Nuclear Safety Commission (NSC); this commission comprises five to nine members. The Federal Council shall determine the requirements as regards the independence of the members. 2 The NSC performs the following advisory tasks on behalf of ENSI, the Department and the Federal Council: a. examination of fundamental issues concerning nuclear safety; b. participation in legislative work in the field of nuclear safety. 3 On behalf of the Federal Council and the Department, it may report on ENSI's expert opinions. It shall accordingly draft the reports required by the Federal Council, the Department or the Federal Office.
Art. 71 — Amended by Art. 25 No 2 of the FA of 22 June 2007 on the Swiss Federal Nuclear Safety Inspectorate, in force since 1 Jan. 2008 (AS 2007 5635; BBl 2006 8831). Para. 1 — Amended by No I of the O of 27 Nov. 2019 (Increase in the Number of Members of the Federal Nuclear Safety Commission), in force since 1 Jan. 2020 (AS 2019 4211).
Art. 72 Duties and powers of supervisory authorities
1 The supervisory authorities shall examine submitted projects and ensure that licence holders and owners of nuclear goods meet their obligations in accordance with the provisions of this Act. 2 They shall order all necessary and reasonable measures aimed at preserving nuclear safety and security. 3 In the event of an immediate threat, they may impose immediate measures that deviate from the issued licence or ruling. 4 If necessary they may seize nuclear goods or radioactive waste and eliminate sources of threat at the cost of the owner. 5 They may call on the intervention of cantonal and communal police forces, as well as the investigation bodies of the Federal Office for Customs and Border Security. If there is evidence that offences against the provisions of this Act may have been committed, the supervisory authorities may call on the intervention of the relevant federal police authority. Border controls are the responsibility of the customs authorities. 6 The supervisory authoritie
Para. 5 — Amended by No I 26 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).
Art. 73 Obligation to provide information, submit documentation, grant access
1 Insofar as is required for the enforcement of this Act, its implementation provisions or rulings based thereon, the supervisory authorities shall be provided with all information and documentation they may need in order to make comprehensive assessments or carry out effective controls. 2 The supervisory authorities are empowered to enter all plots of land, buildings and installations of persons obliged to provide information and any sites on which geological investigations are being carried out in accordance with Article 35, without prior notification, and may install monitoring devices and seals, collect material and soil samples, and inspect all relevant documentation. They may confiscate any incriminating material.
Art. 74 Provision of information to the general public
1 The relevant authorities shall regularly inform the general public about the condition of nuclear installations and any matters pertaining to nuclear goods and radioactive waste. 2 They shall inform the general public of any special occurrences. 3 Manufacturing and business secrecy shall be duly observed.
Art. 74a Reporting on developments in nuclear technology
The Federal Council shall report regularly to the Federal Assembly on developments in nuclear technology.
Art. 74a — 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. 75 Data protection
1 Licensing and supervisory authorities may process personal data within the scope of the declared purpose of this Act. 2 With regard to highly sensitive personal data, processing shall be restricted to administrative proceedings or criminal prosecution and sanctions. Other highly sensitive personal data may be processed if this is deemed essential for dealing with a specific case. 3 Data may be stored electronically.
Section 7 …
Art. 76
Repealed by Annex No 70 of the Federal Administrative Court Act of 17 June 2005, with effect from 1 Jan. 2007 (AS 2006 2197 1069; BBl 2001 4202).