Key Benefits:
This Law regulates the peaceful use of nuclear energy. In particular, it aims to protect man and the environment from the dangers associated with it.
1 This Act applies to:
2 The Federal Council may exclude from the scope of this Law:
3 The provisions of the LRaP shall apply unless otherwise provided by this Law.
In this Act, the following means:
1 In the use of nuclear energy, human beings and the environment must be protected from ionizing radiation; radioactive substances can only be released in quantities that are not hazardous. In particular, the excessive discharge of radioactive substances and the excessive irradiation of persons, both in the normal operating phase and in the case of disturbances, must be prevented.
2 The long-term consequences on hereditary heritage should be taken into account.
3 Prevention will include the following:
1 Protection measures in accordance with internationally recognized principles must be taken by those who design, build and operate nuclear facilities. They include in particular the use of quality building elements, the establishment of multiple safety barriers, the plurality and automation of security systems, the establishment of an appropriate organisation Including specialized personnel and the promotion of a strong safety culture.
2 Emergency protection measures should be prepared to limit the damage in the event of the release of dangerous quantities of radioactive substances.
3 Security measures must be taken to prevent third parties from ensuring the safety of nuclear installations and materials or that nuclear materials cannot be stolen. These measures will be classified as much as possible.
4 The Federal Council shall determine the necessary measures.
1 Any person handling nuclear material must be authorized by the authority designated by the Federal Council.
2 The Federal Council may introduce the authorisation scheme:
3 Authorization is limited in time.
4 The Federal Council regulates the procedure.
The authorization is granted:
1 Irrespective of the authorisation scheme, the Federal Council or the authority designated by it may in particular cases and in the case of ensuring the non-proliferation of nuclear weapons, prohibit or attach conditions and charges The import, export, transit or brokering of nuclear items.
2 The Federal Council may, in order to comply with international agreements, provide for the granting of no authorisation for certain States or groups of States.
3 The Federal Council may provide for the alleviation of or derogate from the authorisation regime, in particular in the case of supply to states which are party to international agreements on the non-proliferation of nuclear weapons or who participate in measures of Controlled by Switzerland.
The export of spent fuel for reprocessing is permitted if, in addition to the conditions set out in s. 7:
It is forbidden to carry nuclear material containing plutonium in Swiss airspace.
1 The holder of an authorisation shall declare without delay to the supervisory authorities the specific activities and events liable to jeopardise nuclear safety or security. The Federal Council designates these activities and events.
2 The Federal Council may submit for declaration the possession of nuclear items.
3 The holder of the nuclear material must control his stock, keep accounts on this subject and periodically inform the supervisory authorities. These obligations also apply to nuclear materials that it possesses abroad.
1 A person who intends to construct or operate a nuclear facility must have a general authorization issued by the Federal Council.
2 There is no subjective right to obtain a blanket authorization.
3 General authorization is not required for low-risk nuclear facilities. The Federal Council designates these facilities.
1 General authorisation may be granted:
2 General authorisation shall be granted to public limited-liability companies, cooperative societies or legal persons under public law. A foreign company must have a Swiss subsidiary registered in the trade register. If there is no international commitment, the Federal Council may refuse the general authorisation to a company governed by foreign law where the State in which it has its seat does not grant reciprocity.
1 General fixed authorization:
2 The outline of the project includes an approximate indication of the size and location of major construction, and in particular:
3 The Federal Council shall determine the period within which the building permit shall be requested. It may extend this period when justified.
Anyone who intends to build a nuclear power plant must have a building authorization issued by the Federal Department of the Environment, Transport, Energy and Communication (Department).
1 Permission to construct is granted:
2 In addition, for installations subject to general authorisation, authorisation to construct is granted only:
3 Installations which are not subject to the general authorisation must also comply with the requirements laid down in Art. 13, para. 1, let. D to f, and 2.
1 The authority to build indicates:
2 The department sets the time frame within which the work must begin. It may extend this period when justified.
The holder of the authorisation to build must establish a complete dossier on the technical equipment carried out, as well as the checks and examinations carried out.
Any person who intends to operate a nuclear power plant must have the authority to operate the nuclear power plant.
1 Permission to operate shall be granted:
2 Permission to operate may be granted at the same time as authorization to construct if it is possible to judge at this stage that the conditions for safe operation will be met.
3 With the permission of the department, the owner of a nuclear reactor may store nuclear material at its facility before the authorization to operate is granted. Art. 20 to 24 are applicable by analogy.
1 The authority to operate indicates:
2 Permission to operate may be limited in time.
1 The holder of the authorization to operate shall be responsible for the safety of the nuclear facility and its operation.
2 To this end, it must in particular:
3 The Federal Council sets out the criteria that oblige the holder of the authorisation to temporarily place the installation out of service and to carry out its reequipment.
1 The Department may require the authorization holder to operate a monitoring team consisting of armed guards whose task will be to protect the nuclear facility from infringement or intrusion.
2 The Federal Council sets out the requirements to be met by the monitoring team and specifies the tasks and prerogatives after consultation with the cantons.
3 The Township of Implementation regulates the training of the monitoring team in conjunction with the appropriate federal service.
1 Persons performing essential functions for nuclear safety and for the safety of the nuclear facility shall be subject to periodic reliability checks.
2 This control may give rise to the processing of sensitive data on the health and psyche of these persons as well as data on their important way of life for security; a file on this subject may be set up.
3 These personal data may be shared with the owner of the nuclear facility and the monitoring authority.
4 The Federal Council shall designate the persons who shall submit to the reliability check and shall specify the procedure. It designates the service responsible for proceeding, processing the data and establishing a bank.
In the event of an extraordinary situation, the Federal Council may order the prevention of nuclear power stations.
1 The installation owner must unassign the installation:
2 In particular, it must:
1 The owner of the facility must present to the supervisory authorities a decommissioning project. The supervisory authorities shall set a time limit.
2 The project presents:
The department orders the decommissioning work. It refers to work that is subject to the granting of a permit by the supervisory authorities.
1 Once the decommissioning of the rules has been completed, the Department notes that the facility no longer represents a source of radiological risk and therefore no longer falls within the scope of the nuclear energy legislation.
2 The dissolution of the company responsible for decommissioning is subject to the approval of the department.
1 Radioactive substances must be handled in such a way as to produce as little radioactive waste as possible.
2 In principle, radioactive waste produced in Switzerland must be disposed of in Switzerland.
3 Radioactive waste must be disposed of in such a way that the sustainable safety of man and the environment is ensured.
1 Any person who exploits or disables a nuclear facility shall be obliged to evacuate at its own expense and safely the radioactive waste produced by it. The necessary preparatory work, such as research and geological studies, as well as the timely preparation of a deep deposit form an integral part of the obligation.
2 The obligation to evacuate is fulfilled when:
3 In the event of a transfer of the general authorisation for a nuclear power station to a new operator (Art. 66, para. 2), the former and the new operators respond to the disposal of the operating waste and the spent fuel elements produced until the transfer.
4 The dissolution of the company responsible for evacuation is subject to the approval of the department.
1 Persons required to dispose of radioactive waste develop a waste management program. It also contains a financing plan which extends to the decommissioning of nuclear facilities. The Federal Council sets the deadline for the implementation of the programme.
2 The authority designated by the Federal Council reviews the program. The department submits it to the Federal Council for approval.
3 The authority designated by the Federal Council verifies compliance with the programme.
4 Persons required to evacuate the waste must adapt the programme periodically to the new conditions.
5 The Federal Council regularly informs the Federal Assembly of the status of the programme.
1 Confederation evacuated:
2 It can do this by:
1 Art. 6 to 11 shall apply mutatis mutandis to the handling of radioactive waste outside nuclear installations.
2 An authorisation to import radioactive waste from nuclear installations not originating in Switzerland but intended for disposal in Switzerland may exceptionally be granted if the conditions set out in Art. 7 are completed, and:
3 Authorisation to export radioactive waste for the purposes of packaging shall be granted if the conditions set out in Art. 7 are completed, and:
4 The export of radioactive waste for the purpose of storing radioactive waste may exceptionally be authorised if the conditions set out in para. 3, let. A to c, are completed and if, in addition, the shipper and consignee have agreed by contract, in agreement with the authorities designated by the Federal Council, that the shipper will resume them as required.
1 Geological studies that are carried out in an area of possible implementation in order to gather information on the possibility of constructing a deep deposit are subject to the authorisation of the department.
2 The department grants the authorization:
3 The Federal Council may exclude from the authorisation scheme studies which only result in minor infringements.
1 Authorization to conduct fixed geological studies:
2 Authorization is limited in time.
1 Permission to operate a deposit in depth is granted if the conditions set out in s. 20, para. 1, are completed, and:
2 The authority to operate shall determine the area of final protection of the deposit in depth.
3 It lays down the requirements, in particular the limit values for the activity of the waste which will be stored. A enforcement permit issued by the supervisory authorities is necessary for the storage of each category of waste.
1 The Federal Council may require the holder of an authorisation to exploit an in-depth deposit to take charge of radioactive waste originating in Switzerland, subject to compensation at cost, provided that such waste meets The requirements set out in the authority to operate.
2 The holder of an authorisation to operate shall be required to establish complete documentation on the lessons it has collected up to the conclusion of the observation phase and which are important for security, on the plans of the Depth and inventory of stored waste.
3 As long as the deposit in depth is governed by the legislation on nuclear energy, the operating company cannot be dissolved without the approval of the department.
1 The owner of the deposit must submit an updated compliance phase project and a potential closure project:
2 Once the observation phase has been completed, the Federal Council orders the closure work if the sustainable human and environmental safety is ensured.
3 After the rules are closed, the Federal Council may order an additional monitoring period.
4 After the closure or after the period of supplementary supervision, the Federal Council finds that the deposit in depth is no longer governed by the legislation on nuclear energy. The Confederation may take measures beyond that period, including measures to monitor the environment.
1 The protection zone is the underground area in which any intervention is likely to affect the security of the deposit in depth. The Federal Council shall lay down the criteria applicable to the protection zone.
2 Any person who intends to drill deep, to drill an underground tunnel, to a mining operation or to any other operation affecting an area of protection shall apply to the authority designated by the Federal Council for approval.
3 The authority designated by the Federal Council shall announce, for reference to the land register, the provisional protection zone once the general authorisation has been granted, and the area of final protection once authorisation to operate has been granted. The township registers the buildings affected by the area of protection that are not registered in the land register. Those who have not been subjected to a recognized measurement are measured for this purpose (initial measurements or renewal of measurements). The Federal Council regulates the modalities.
4 The canton registers the protection zone in its management plan and in its allocation plan.
5 If the deposit in depth is not constructed or is not in use, the authority designated by the Federal Council removes the temporary protection zone and invites the Land Registry Office to delete the reference. The Township shall amend the Master Plan and the Assignment Plan accordingly.
6 The Federal Council shall ensure that documents relating to the deposit in depth, the waste deposited there and the area of protection are kept and the information concerning them. It may communicate to other States or international organizations data relating thereto.
7 The Federal Council prescribes the sustainable marking of the deposit in depth.
1 The raw data and the results obtained during the geological surveys and the construction of the deep deposit will, at its request, be provided free of charge to the Confederation.
2 The Federal Council regulates access to and use of these data. It ensures that the interests of the owners of the geological data are preserved.
The request for general authorization should be addressed to the documents required by the Federal Office of Energy (Office). The latter verifies that the file is complete and, if necessary, complements it.
1 The Office shall order the necessary expertise, which shall include:
2 It invites the cantons and the specialised services of the Confederation to take a decision on the request for general authorisation and on the expert opinions within three months. The other time limits for the environmental impact assessment are reserved. If the situation warrants it, it may extend the time limit.
3 The elimination of differences within the federal government is governed by s. 62 B The Act of 21 March 1997 on the organisation of government and administration 1 .
The department associates the Canton of Implementation, as well as the cantons and States located in the immediate vicinity of the planned location, in the preparation of the draft decision to grant the general authorisation. The concerns of the canton of implementation, as well as the cantons and states in the immediate vicinity, are taken into account in so far as they do not impede the project in a disproportionate manner.
1 The request for general authorisation, the opinions of the cantons and the specialised services and the expert opinion must be investigated for three months.
2 The survey should be published in the official bodies of the cantons and municipalities concerned, as well as in the Federal Worksheet.
1 Within three months from the date of publication, each person may submit, in writing, to the Office, duly substantiated objections to the granting of the general authorization . The Office may extend the time limit of not more than three months on reasoned request. Objections are received without charge; costs are not awarded.
2 Everyone who is a party under the Federal Act of 20 December 1968 on the administrative procedure (PA) 1 May file opposition before the Office within three months from the date of publication. The communes assert their interests by way of opposition. In addition, the provisions of the AP are applicable.
3 Parties domiciled abroad must elect a domicile in Switzerland where notifications can be sent to them. Failing that, they may not be addressed or published in the Federal Worksheet.
1 The Office invites the cantons, the specialised services and the authors of the expertise to inform the Federal Council of their views on the objections and objections raised.
2 The elimination of differences within the federal government is governed by s. 62 B The Act of 21 March 1997 on the organisation of government and administration 1 .
1 The Federal Council decides on the follow-up to the request for general authorisation, as well as objections and oppositions.
2 He submitted his decision to the Federal Assembly for approval.
3 If the Federal Council refuses to grant the general authorisation and the Federal Assembly does not approve this decision, it instrucves the Federal Council to grant general authorisation with the possible charges decided by it and the Federal Council. Submit a new decision for approval.
4 The decision of the Federal Assembly on the approval of a general authorisation is subject to the referendum.
1 The procedure for granting permission to construct a nuclear facility or the authorization to carry out geological studies shall be governed by the provisions of this Law and, in the alternative, those of the AP 1 And the Federal Law of 20 June 1930 on Expropriation (LEx) 2 .
2 The authorization covers all the authorizations required by federal law.
3 No authorisation or plan under the cantonal law is required. The cantonal law is taken into account in so far as it does not impede the project in a disproportionate manner.
4 Before granting the authorisation, the département shall consult the canton of implementation. If the department issues the authorization despite the canton's contrary opinion, the canton then has the right to use it.
5 The facilities necessary for the service and the installation areas in connection with the construction or operation of the nuclear facility are also part of the facility. Sites for the recycling or storage of excavated, earthmoving and demolition materials are part of the deep deposits and must be included in the geological study when they are in close proximity to the site. The proposed facility and are directly relevant to the facility.
The application for authorisation must be sent to the Office with the required documents. The latter verifies that the file is complete and, if necessary, complements it.
The applicant shall have the right of expropriation for:
1 Prior to the investigation of the application for leave, the applicant must mark by a picket the modifications that the future installation or planned studies will cause on the ground; in the case of the construction of buildings, he shall erect Templates.
2 Objections against picket lines or the erection of templates should be sent without delay to the Office, no later than the expiry of the time limit for the investigation.
1 The Office shall forward the request for authorisation to the cantons concerned and invite them to take a decision within three months. If the situation warrants it, it may extend the time limit.
2 The application for authorisation must be published in the official bodies of the cantons and municipalities concerned, as well as in the Federal Worksheet, and must be investigated for 30 days.
3 The investigation instituted the expropriation ban as referred to in s. 42 to 44 LEx 1 .
The applicant must, in accordance with s. 31 LEx 1 , at the latest when the application for authorisation is being investigated, a personal opinion informing them of the rights to be expropriated.
1 Anyone who is a party under the PA 1 Or LEx 2 May object to the Office during the period of time for the investigation. Any person who has not objected shall be excluded from the proceedings.
2 All objections to expropriation and all claims for compensation or compensation in kind must be filed within the same time limit. Objections and subsequent applications filed under s. 39 to 41 LEx should be addressed to the Office.
3 The communes assert their rights by way of opposition.
4 Art. 46, para. 3, applies to parties domiciled abroad.
The elimination of differences within the federal government is governed by s. 62 B The Act of 21 March 1997 on the organisation of government and administration 1 .
In granting the authorization, the department shall also rule on objections to expropriation.
1 After the authorisation procedure has been closed, an estimation procedure shall be opened, if necessary, before the Committee of Estimate, in accordance with the LEx 1 . Only the claims that have been filed are taken into consideration; s. 38 LEx is reserved.
2 The Office shall transmit to the Chairman of the Committee of Estimation the approved plans, the plan of expropriation, the table of expropriated rights and the claims which have been filed.
3 The chairperson of the estimate commission may authorize the shipment in advance when the authorization decision is binding. The expropriating property is presumed to be seriously prejudiced if it does not benefit from the early possession. In addition, s. 76 LEx is applicable.
1 Where infringements of the right of property relating to the establishment of an area of protection are equivalent to an expropriation, they shall be compensated in full. The compensation shall be calculated on the basis of the conditions prevailing at the time of entry into force of the limitation on the right of ownership.
2 Compensation is the responsibility of the deposit holder in depth.
3 The person who suffers an infringement of the right to property must address his claims in writing to the holder of the deposit within five years of the final mention in the land register (Art. 40, para. 3). If the claims are wholly or partly contested, s. 57 to 75 LEx 1 Are applicable.
4 The procedure relates only to the claims announced. Subsequent remedies against infringement of the law of land ownership are excluded.
5 The compensation is of interest as of the moment when the infringement of the right of ownership takes effect.
1 If the completion of geological studies or the construction of a deep deposit produce a considerable amount of excavated, earthmoving or demolition material that cannot be recycled or stored nearby, the township Concerned shall designate the sites necessary for their evacuation.
2 If, at the time of granting permission to construct or the authorisation to carry out geological studies, the canton concerned has not issued an authorisation or that authorisation has not yet entered into force, the department may designate a site For the storage of materials and fix the loads and conditions necessary for its use. In such cases, the provisions of this section on procedure shall apply. The Canton shall designate the sites necessary for the disposal of the materials within five years.
The procedure for the authorization to operate a nuclear facility is governed by s. 49, para. 1 to 4, 50 and 53 to 59.
The procedure for the decommissioning of a nuclear facility is governed by Art. 49, para. 1 to 4, 50 to 58 and 60.
The procedure for closing a deposit in depth is governed by s. 49, para. 1 to 4, 50, 53 and 55.
1 The AP 1 Applies to decisions based on this Act other than those referred to in Sections 1 to 3.
2 Art. 46, para. 3, applies to parties domiciled abroad.
3 In the procedure for the granting of a enforcement permit by the supervisory authorities, the applicant shall have the sole quality of a party.
1 An amendment to the general authorisation in accordance with the grant procedure is necessary:
2 Any significant deviation from the authorization to construct or the authorization to operate, the authorization to conduct geological studies, or the decision on decommissioning or closure makes it necessary to amend the The authorisation or decision, which will be carried out in accordance with the respective procedure of their award.
3 If the amendments do not deviate significantly from an authorization or a decision within the meaning of para. 2, but may affect safety or nuclear safety, the operator must apply for a performance permit to the supervisory authorities.
4 Any other changes must be announced to the supervisory authorities.
5 In case of doubt, it is:
1 The authority which has granted an authorisation may transfer it to a new operator if it meets the conditions for granting the authorisation.
2 The general authorisation for a nuclear facility may be transferred if, in addition, the former operator has financed the decommissioning of the facility and the disposal of the waste on a pro rata basis. Operated the installation.
3 The Federal Council decides on the transfer of the general authorisation. It requires, in advance, the opinion of the canton of implementation.
4 The authority to construct and the authorization to operate is transferred with the general authorization. They cannot be transferred separately.
5 In the procedure for the transfer of the general authorisation, only the applicant and the former holder of the authorisation are parties. The provisions of the AP 1 Are applicable.
6 Authorizations to carry out the handling of nuclear items and radioactive waste are not transferable.
1 The authority that granted the authorization withdraws it:
2 The Federal Council decides to withdraw the general authorisation.
3 The decision of the Federal Council is subject to approval by the Federal Assembly.
4 The withdrawal of the general authorisation shall entail the withdrawal of the authorisation to construct and the authorisation to operate.
5 In the event of withdrawal of the general authorisation, the provisions of the AP 1 Are applicable.
1 The authorization turns off:
2 The blanket authorization is extinguished if the application for authorization to construct was not filed within the prescribed time limit. The authority to build is extinguished if the construction work did not begin within the specified time frame.
3 The termination of the general authorization shall result in the termination of the authorization to construct and the authorization to operate.
1 The provisions of the authorization to operate which are necessary for the safety of the installation, even disaffected, shall remain valid after the withdrawal or termination of the authorisation until such time as the decommissioning work and Close have been ordered.
2 L' al. 1 shall apply mutatis mutandis to the withdrawal and termination of the authorisation within the meaning of Art. 20, para. 3.
1 The supervisory authorities are:
2 No person shall give technical instructions to the supervisory authorities, which are formally separate from the competent authorities in the field of authorisation.
1 The Federal Council established the Nuclear Safety Commission (NSC), consisting of five to seven members. It sets out the requirements for their independence.
2 The CSN advises IFSN, the Department and the Federal Council:
3 The NSC can provide advice to the Federal Council and the Department on the reports of expertise of the NSN. It also makes the opinions requested by the Federal Council, the Department or the Federal Office.
1 The supervisory authorities shall review the projects submitted to them and ensure that the holders of authorisations and nuclear items fulfil their obligations in accordance with this Law.
2 They shall order all measures necessary and in accordance with the principle of proportionality, which make it possible to maintain nuclear safety and security.
3 In the event of imminent danger, they may order immediate action that deviates from the authorization or decision granted.
4 If necessary, they may sequester nuclear items and radioactive waste and eliminate sources of risk at the holder's expense.
5 They may require the support of the cantonal and municipal police and the investigation bodies of the customs administration. In the presence of any evidence of an offence under this Act, they may require the support of the relevant federal police agencies. Border control rests with the customs authorities.
6 The supervisory authorities are responsible for accounting for nuclear materials and radioactive waste at Swiss nuclear facilities. The accounting also includes nuclear materials and radioactive waste that are located abroad, provided that they are in the possession of a Swiss authorization holder. It provides complete information on their use, treatment and storage location.
1 Any information or document enabling the supervisory authorities to assess the situation or to carry out a monitoring shall be provided to them spontaneously or granted upon request in so far as the execution of this Law, of its Implementing provisions and decisions based on them.
2 The supervisory authorities shall be entitled to visit without prior notice the grounds, buildings and installations of the persons required to inform and the sites on which geological studies are taking place within the meaning of Art. 35, to install monitoring devices, to affix seals, to take samples of material and soil, to consult the records. They will sequester the materials.
1 The competent authorities shall regularly inform the public about the state of nuclear installations and the facts relating to nuclear items and radioactive waste.
2 They inform the public about specific events.
3 The manufacturing secret and the business secret are respected.
1 Authorizations and supervisory authorities may process personal data within the limits of this Law.
2 They are only allowed to deal with sensitive personal data relating to prosecution and administrative or criminal sanctions. They can only deal with sensitive personal data if it is necessary in a particular case.
3 Electronic data storage is permitted.
1 The decommissioning fund provides funding for decommissioning and decommissioning of decommissioned nuclear facilities, as well as for the disposal of waste products (decommissioning costs).
2 The waste disposal fund provides funding for the disposal of radioactive waste and spent fuel assemblies, following the decommissioning of nuclear facilities (evacuation costs).
3 Owners of nuclear facilities contribute to the decommissioning and waste disposal funds. The Federal Council can provide the owners of facilities with low decommissioning and disposal costs.
1 A contributor disposals of an amount equal to the amount paid, plus the return on capital, net of expenses. This claim cannot be assigned, put or pledged, or attributed to the bankrupt estate.
2 If a contributor's claim exceeds the amount paid by the fund, the surplus is returned to the contributor within one year of the final count.
3 In the event of a resumption of a nuclear installation of a bankrupt estate, the claim passes to the new owner; the owner must then remit the contributions owed by the bankrupt company.
4 If, at the end of a bankruptcy procedure, a company is deregistered from the commercial register with the approval of the department and if the facility is not taken over by another company, the contributions paid by it are returned to the funds. They are used to finance the decommissioning and disposal of waste. The Federal Council defines the allocation of the possible balance.
1 If a contributor's claim does not cover costs, he or she pays the missing amount.
2 If the contributor proves that he is unable to pay this amount, the decommissioning fund or waste disposal fund shall cover the balance of the costs by dedicating all available means. The same applies to the case under s. 78, para. 4.
3 The Waste Disposal Fund shall cover with contributions the costs of disposal of radioactive waste which the Confederation must assume under Art. 33, para. 1, let. B. If contributions are not sufficient, all available means of the fund are allocated to it.
1 If the payment of a fund to a right holder exceeds the amount of the debt, the entitlement must repay the difference, plus an interest calculated at the usual market rate.
2 If the person who is entitled cannot provide the refund within the time limit fixed by the Federal Council, the other contributors and creditors of the fund in question are obliged to cover the difference by means of supplementary payments proportional to their Assessment.
3 The obligation to provide additional payments also exists:
4 If the cover of the difference represents an unbearable economic burden on operators subject to supplementary payments, the Federal Assembly shall decide whether the Confederation is participating in the costs not covered and if so, to what extent.
1 The funds have legal personality. They are subject to the supervision of the Confederation.
2 For each of them, the Federal Council appoints an administrative committee acting as the governing body. The commissions set out the amount of contributions made by each contributor to the funds and the amount of their benefits.
3 Where necessary, funds may be provided for advances, and the Confederation may grant the funds on its own; these shall be remunerated under normal market conditions.
4 The funds are exempt from all federal, cantonal and communal direct taxes.
5 The Federal Council sets the rules; it lays down the basis for calculating the contributions and the main options for the investment policy of this money. It can raise the funds.
1 In order to finance the disposal of waste before the decommissioning of nuclear facilities, the owners of these facilities constitute provisions under s. 669 of the obligations code 1 And based on the costs calculated by the waste disposal fund.
2 They must also:
3 The review body shall review the long-term financing and investment plans and consider whether the available amounts are sufficient to cover the costs of waste disposal prior to the decommissioning of nuclear facilities and whether Reserves were formed in accordance with the plan.
1 The federal authorities shall collect emoluments from applicants and holders of nuclear facilities, nuclear items and radioactive waste, and shall require them to reimburse the resulting costs in particular:
2 In addition, they charge holders of nuclear facilities an annual monitoring fee to cover monitoring costs not attributable to a specific facility. This tax is calculated on the basis of the average costs of the preceding five years; it is allocated among the nuclear facilities in proportion to the emoluments owed by their holders.
3 The Federal Council regulates the modalities.
The cantons may levy emoluments from the holders of nuclear installations, nuclear items and radioactive waste, and require them to reimburse the resulting costs in particular:
1 If it exercises the sovereign rights of the cantons, be it because of the geological studies referred to in Art. 35, of the construction of a deep deposit or of the establishment of an area of protection, the holder of the authorization shall pay the canton full compensation.
2 Full compensation within the meaning of para. 1 must also be paid when the construction of a nuclear power plant results in the use of cantonal water rights.
3 In the event of a dispute, the Basis of Estimate shall determine the amount of the compensation by the procedure set out in Art. 57 to 75 and 77 to 86 LEx 1 .
1 The Confederation can encourage applied research on the peaceful use of nuclear energy, in particular on the safety of nuclear installations and on the disposal of radioactive waste.
2 It can support the training of specialists or train them themselves.
3 As a general rule, financial assistance is granted to an individual only if he or she is responsible for at least 50 % of the costs.
The Confederation may make contributions to international organisations active in the field of the peaceful use of nuclear energy, in particular in favour of the non-proliferation of nuclear weapons, security and health And the environment and participate in international projects.
1 To be punished by imprisonment or a fine of up to 500,000 francs anyone, intentionally:
2 Any person who knowingly endangings the life or health of a large number of persons or property of considerable value belonging to third parties shall be punished by imprisonment. It may also be sentenced to a fine of up to 500 000 francs.
3 If the offender acts by negligence, he shall be punished by imprisonment or a fine of not more than 100 000 francs.
1 To be punished by imprisonment or a fine of not more than 1 million francs to anyone, intentionally:
2 In serious cases, the penalty shall be imprisonment for at most ten years. It may be accompanied by a fine of not more than 5 million francs.
3 If the infringer acts by negligence, he shall be punished by imprisonment for not more than six months or a fine of not more than 100 000 francs.
1 To be punished by imprisonment or a fine of up to 500 000 francs to anyone, intentionally:
2 If the offender has acted negligently, he shall be punished by imprisonment for not more than six months or a fine of not more than 100 000 francs.
3 Any person who, intentionally or negligently, performs without authorization other acts subject to the authorization under this Act or an execution order shall be punished by imprisonment for not more than six months or a fine Up to 100 000 francs.
1 To be punished by imprisonment or a fine of up to 500 000 francs to anyone, intentionally:
2 If the infringer acts by negligence, he shall be punished by imprisonment for not more than six months or a fine of not more than 100 000 francs.
1 Anyone who intentionally abandons possession of nuclear material or radioactive waste without being permitted to do so will be punished by imprisonment or a fine of not more than 100 000 francs.
2 If the offender is negligent, he will be punished by imprisonment for a period of six months or a fine.
1 To be punished by a judgment or a fine of up to 100 000 francs to anyone, intentionally:
2 Attempt and complicity are punishable.
3 If the infringer acts by negligence, he shall be punished by a fine of up to 40 000 francs.
Art. 6 of the Federal Act of 22 March 1974 on administrative criminal law 1 Applies to the offences referred to in this Act.
1 A Swiss citizen who commits a crime or a crime within the meaning of s. 89 and 91 is punishable even if his act is not repressed where he committed it.
2 Swiss criminal law is applicable to any person who participates in Switzerland in a punishable act committed abroad if the principal act is punishable under Swiss law, regardless of the law of the state in which it was committed.
Contraventions under this Act shall be prescribed by five years. Criminal action shall in any case be prescribed where the ordinary period is more than half.
Irrespective of whether a person is punishable or not, the judge shall declare the confiscation of the objects concerned if no guarantee can be given as to their subsequent use in accordance with the law. The objects and the potential proceeds of their sale are vested in the Confederation, subject to the application of the Federal Law of 19 March 2004 on the sharing of confiscated heritage values 2 .
Forfeited values and countervailing claims are vested in the Confederation, subject to the application of the Federal Act of March 19, 2004, on the sharing of confiscated heritage values 2 .
In addition, confiscation within the meaning of art. 97 and 98 of this Law shall be governed by Art. 58 and 59 of the Penal Code 1 .
1 Prosecution and prosecution of crimes and offences within the meaning of s. 88 to 92 fall under the jurisdiction of the Federal Criminal Court.
2 Contraventions under s. 93 are prosecuted and tried by the Office. The procedure is governed by the Act of 22 March 1974 on administrative criminal law 1 .
3 The authorities responsible for granting authorisations, the supervisory authorities, the police authorities of the cantons and the municipalities, as well as the customs authorities, are obliged to report to the Public Prosecutor of the Confederation the infringements of the Act that they discover or become aware of in the performance of their duties.
1 The Federal Council shall issue the implementing provisions.
2 It may delegate to the department or subordinate departments the competence to issue prescriptions, taking into account their scope.
3 The authority designated by the Federal Council shall maintain a central service responsible for acquiring, processing and transmitting the data necessary for the execution of this Law, for the prevention of offences and for the suppression of those who have been committed.
4 The authorities granting authorisations and the supervisory authorities shall be subject to the secrecy of duty and shall take all necessary precautions to prevent economic espionage in their area.
5 The Federal Council may associate the cantons with the implementation of this Law.
6 Within the limits of its powers, the implementing authority may use third parties, in particular to carry out examinations and inspections.
The competent federal departments, as well as the cantonal and municipal police bodies, may transmit to the supervisory authorities the information necessary for the implementation of this Law.
1 Federal bodies responsible for enforcement, control, crime prevention and criminal prosecution can work with the relevant foreign authorities and with international organisations and fora, and coordinate Their investigations, to the extent that the implementation of this Law or the corresponding foreign requirements so requires, and provided that the foreign authorities, organizations and fora in question are bound by the secrecy of the function or by a Duty of equivalent discretion.
2 In particular, they may require foreign authorities, as well as international organisations and fora, to provide the necessary data. To obtain them, they can provide data on:
3 If reciprocity is granted by the foreign State, they may, ex officio or upon request, communicate the data referred to in para. 2 if the foreign authority gives the assurance:
4 They may also communicate the data in question to international organisations or bodies if the conditions laid down in para. 3 are fulfilled, notwithstanding the requirement of reciprocity.
5 The provisions on international mutual legal assistance in criminal matters are reserved.
1 The Federal Council may conclude bilateral international conventions on:
2 Within the limit of appropriations, it may conclude agreements on the participation of Switzerland in international projects within the meaning of Art. 87.
The repeal and amendment of the existing law are set out in the Annex.
1 Nuclear facilities in service that are subject to general authorization under this Act may continue to be operated without such authorization as long as there are no amendments requiring amendment of the authorization General provision under s. 65, para. 1, is not provided.
2 The owners of the nuclear power stations in service must prove within ten years that the disposal of their radioactive waste is assured if the Federal Council does not consider that this evidence has already been provided. It may extend the five-year period in substantiated cases.
3 Authorisation to operate an existing nuclear power plant may be transferred to a new operator without general authorisation. Art. 13, para. 2, 31, para. 3, and 66, para. 2, shall apply mutatis mutandis.
4 Used fuel assemblies may not be exported for reprocessing for a period of ten years from 1 Er July 2006. During this period, they must be evacuated as radioactive waste. The Federal Council may provide for exceptions for research purposes, s. 34, para. 2 and 3, applying by analogy. The Federal Assembly may, by simple federal order, extend the time limit of up to ten years.
(art. 105)
I
Are repealed:
II
The following legislative acts are amended as follows:
... 3
1 [RO 1960 585, 1983 1886 art. 36 hp. 2, 1987 544, 1993 901 Annex c. 9, 1994 1933 art. 48 hp. 1, 1995 4954, 2002 3673 Art. 17 hp. 3, 2004 3503 Annex, c. 4].
2 [RO 1979 816, 2001 283]
3 The mod. Can be viewed at RO 2004 4719 .
