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. 101 Enforcement
1 The Federal Council shall specify the provisions governing the enforcement of this Act. 2 It may assign the specification of regulations to the Department or subordinate authorities, taking due account of the importance thereof. 3 The authority designated by the Federal Council shall maintain a centralised service that procures, processes and passes on data insofar as this is necessary for the enforcement of this Act, the RPA, the prevention of illegal activities and the prosecution of offenders. 4 The licensing and supervisory authorities shall maintain official secrecy and take all precautionary measures to prevent economic espionage. 5 The Federal Council may call on the cantonal authorities to assist with the enforcement of this Act. 6 Within the scope of its own competencies, the enforcement authority may call on third parties to assist with the enforcement of this Act, in particular for carrying out examinations and inspections.
Para. 3 — SR 814.50 Para. 3 — Amended by Annex No II 10 of the Intelligence Service Act of 25 Sept. 2015, in force since 1 Sept. 2017 (AS 2017 4095; BBl 2014 2105).
Art. 102 Administrative assistance in Switzerland
1 The relevant federal authorities and cantonal and communal police may exchange data among themselves and with the supervisory authorities, insofar as this is necessary for the enforcement of this Act. 2 If ENSI receives a report of a cyberattack on a nuclear installation, it shall forward the report to the National Cyber Security Centre, provided the cyberattack meets the requirements set out in Article 74d of the Information Security Act of 18 December 2020.
Para. 2 — SR 128 Para. 2 — Inserted by No II 3 of the FA of 29 Sept. 2023 (Introduction of a Reporting Obligation for Cyberattacks on Critical Infrastructure), in force since 1 April 2025 (AS 2024 257; 2025 168, 173; BBl 2023 84).
Art. 103 International administrative assistance
1 The federal authorities responsible for enforcement, control, prevention of illegal acts or prosecution of offenders may work together with the relevant authorities of other countries and international organisations and committees and co-ordinate the procurement of data, insofar as this is necessary for the enforcement of this Act or of equivalent foreign legislation, and the foreign authorities or international organisations or committees are obliged to observe official secrecy or are bound to an equivalent secrecy obligation. 2 They may specifically request foreign authorities and international organisations or committees to supply the necessary data. For this purpose, they may provide data concerning: a. the nature, quantity, destination and intended place of use, intended purpose and recipient of nuclear goods and radioactive waste; b. people who are involved in the manufacture, supply, brokerage or financing of nuclear goods and radioactive waste; c. financing of associated tran
Art. 104 International agreements
1 The Federal Council may conclude bilateral international agreements concerning: a. the handling of nuclear goods and radioactive waste; b. security and control measures for nuclear goods and radioactive waste; c. exchange of information regarding the construction and operation of nuclear installations. 2 Within the scope of approved credits, it may conclude agreements concerning participation in international projects in accordance with Article 87.
Art. 105 Repeal and amendment of current legislation
The repeal and amendment of current legislation is regulated in the Annex.
Art. 106 Transitional provisions
1 Nuclear installations that require a general licence in accordance with the provisions of this Act, and which are already in operation, may continue to be operated without the corresponding licence as long as no changes are made that require an amendment of the general licence in accordance with Article 65 paragraph 1. 1bis The granting of general licences for modifications to existing nuclear power plants is prohibited. 2 Owners of existing nuclear power plants are required to demonstrate within a period of ten years that arrangements for the management of radioactive waste arising from these plants is assured, if the Federal Council does not already deem this assurance to have been provided. The Federal Council may extend this deadline by five years in justified circumstances. 3 An operating licence for an existing nuclear power plant may be transferred to a new owner without a general licence. Article 13 paragraph 2, Article 31 paragraph 3 and Article 66 paragraph 2 apply analogou
Para. 1bis — 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). Para. 4 — Repealed by Annex No II 7 of the Energy Act of 30 Sept. 2016, with effect from 1 Jan. 2018 (AS 2017 6839; BBl 2013 7561).
Art. 107 Referendum and commencement
1 This Act is subject to an optional referendum. 2 The Federal Council shall publish this Act in the Swiss Federal Gazette if the two popular initiatives, “Moratorium Plus” and “Electricity without Atomic Energy” are withdrawn or have been rejected. 3 The Federal Council shall determine the date on which this Act comes into force. Commencement date: 1 February 2005with the exception of Number II/6 of the Annex: 1 January 2005.
Para. 3 — O of 10 Nov. 2004 (AS 2004 5391). Para. 3 — FCD of 10 Nov. 2004.