Nuclear Energy Ordinance (NEO) (NEO)
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Art. 13 Responsibilities
The Federal Office is responsible for: issuing licences for handling nuclear materials; abis. issuing licences for the export and mediation of technology relating to nuclear materials; b. approving the agreement concerning the return of radioactive waste.
let. abis — Inserted by Annex 8 No I of the Goods Control Ordinance of 3 June 2016, in force since 1 July 2016 (AS 2016 2195). let. b — Amended by No I of the O of 1. Nov. 2017, in force since 1 Jan. 2018 (AS 2017 7107).
Art. 14 Licence procedure for the export and mediation of nuclear materials and technology relating to nuclear materials
1 The Federal Office shall authorise applications for licences for the export and mediation of nuclear materials and technology relating to nuclear materials unless there is an indication that the licensing requirements in Article 7 NEA have not been met. 2 It shall refuse the application if a necessary licensing requirement in Article 7 NEA has not been met. 3 In other cases, it shall decide by agreement with the competent offices of the Federal Department of Foreign Affairs, the Federal Department of Economic Affairs, Education and Research and the Federal Department of Defence, Civil Protection and Sport and in consultation with the Federal Intelligence Service. If no agreement can be reached, the Federal Council shall decide based on the Department’s proposal.
Art. 14 — Amended by Annex 8 No I of the Goods Control Ordinance of 3 June 2016, in force since 1 July 2016 (AS 2016 2195).
Art. 15 Applications and related documentation
1 Applications for a licence for the transport as well as for import, export or transit of nuclear materials must be submitted jointly by the consignor, the consignee, the carrier and the transport organiser. 2 The documents must provide all the necessary information for assessing the application, including in particular information on: a. the composition and properties of the material; b. the specific technical data concerning the equipment; c. the place of manufacture; d. the destination and recipient; e. the designated purpose; f. the conditions of purchase or sale; g. transport, in particular evidence of compliance with the requirements on the carriage of dangerous goods; h. the owners of a nuclear installation that are liable in accordance with Article 2 letter b of the Nuclear Energy Public Liability Act of 13 June 2008; i. proof of cover in accordance with Articles 1 letter c and 2 paragraph 3 of the Nuclear Energy Public Liability Ordinance of 25 March 2015. 3 Documents relatin
Para. 2 — Amended by Art. 21 para. 2 of the Nuclear Energy Public Liability Ordinance of 25 March 2015, in force since 1 Jan. 2022 (AS 2021 860). Para. 2 let. h — Inserted by Art. 21 para. 2 of the Nuclear Energy Public Liability Ordinance of 25 March 2015, in force since 1 Jan. 2022 (AS 2021 860). Para. 2 let. h — SR 732.44 Para. 2 let. i — Inserted by Art. 21 para. 2 of the Nuclear Energy Public Liability Ordinance of 25 March 2015, in force since 1 Jan. 2022 (AS 2021 860). Para. 2 let. i — SR
Art. 16 Preliminary clarifications
1 At the request of the applicant, the Federal Office shall carry out preliminary clarifications to determine whether, and under which conditions, a licence may be issued in accordance with the requirements aforementioned in this chapter. 2 Preliminary clarifications do not entitle the applicant to a licence. 3 For the purpose of deciding on the issuing of a licence, any already examined preconditions shall only be assessed differently if the actual or legal circumstances have changed since the preliminary clarifications were carried out, or if new facts should come to light.
Art. 17 Diplomatic or consular offices, international organisations, bonded warehouses, duty-free bonded warehouses and areas outside customs territory
The following types of deliveries are equivalent to import and export activities: a. from and to diplomatic or consular offices; b. from and to international organisations; c. from or to bonded warehouses, warehouses for bulk articles, duty-free bonded warehouses or areas outside customs territory.
Art. 17 — Amended by Annex 4 No 31 of the Customs Ordinance of 1 Nov. 2006, in force since 1 May 2007 (AS 2007 1469).
Art. 18 Validity
Licences are valid for no longer than 12 months and may only be extended for a maximum period of 6 months.
Art. 19
Repealed by Annex 8 No I of the Goods Control Ordinance of 3 June 2016, with effect from 1 July 2016 (AS 2016 2195).
Art. 20 Retention of documentation
All documents relating to licences must be retained for a period of 5 years after issue of the licence, and must be submitted to the relevant authorities on request.
Art. 21 Reporting obligation
1 Licence holders must report to ENSI in particular on the following events and findings relating to the safety of the transport of nuclear materials: a. exceeding of dose rate, activity or contamination limits; b. technical defects on transport containers subject to approval; c. any other events and findings that impair or may impair safety. 2 The licence holder must report the following events and findings relating to security to ENSI without delay: a. sabotage and attempted sabotage; b. bomb threats; c. extortion and hostage-taking; d. accident, damage to or failure of security equipment and systems that last longer than 24 hours; e. any other events and findings that impair or may impair security. 3 The licence holder must submit a report on every event or finding to ENSI or to the Federal Office. Reports on events and findings relating to safety must be made in accordance with Annex 6. Reports relating to security must be submitted within 30 days and must be classified.
Para. 1 — Amended by Annex No 12 of the O of 12 Nov. 2008 on the Swiss Federal Nuclear Safety Inspectorate, in force since 1 Jan. 2009 (AS 2008 5747). Para. 2 — Amended by Annex No 12 of the O of 12 Nov. 2008 on the Swiss Federal Nuclear Safety Inspectorate, in force since 1 Jan. 2009 (AS 2008 5747). Para. 3 — Amended by Annex No 12 of the O of 12 Nov. 2008 on the Swiss Federal Nuclear Safety Inspectorate, in force since 1 Jan. 2009 (AS 2008 5747).
