Chapter 1 General Provisions |
Art. 1 Nuclear materials covered by this Ordinance 2
1 Nuclear materials are:
2 The following are not classified as nuclear materials:
2 Amended by Annex 6 No II 2 of the Safeguards Ordinance of 21 March 2012, in force since 1 May 2012 (AS 2012 1703). |
Art. 2 Nuclear installations covered by this Ordinance
1 Installations in which the following nuclear materials are obtained, produced, used, processed or stored are not classified as nuclear installations:
1bis Installations outside nuclear installations in which radioactive waste is stored in order to decay in accordance with Article 117 of the Radiological Protection Ordinance of 26 April 20173 (RPO) are also not classified as nuclear installations.4 2 The Federal Office of Energy (the Federal Office) shall determine whether source materials meet the requirements within the meaning of paragraph 1 letter b. 4 Inserted by No I of the O of 7 Dec. 2018, in force since 1 Feb. 2019 (AS 2019 183). |
Art. 3 Brokerage activities covered by this Ordinance
Activities involving nuclear goods within the meaning of Article 3 letter k of the Nuclear Energy Act are not classified as brokerage activities if the nuclear goods concerned are intended to meet own needs within Switzerland. |
Art. 6 Supervisory authorities 5
The supervisory authorities are:
5 Amended by Annex No 12 of the O of 12 Nov. 2008 on the SwissFederal Nuclear Safety Inspectorate, in force since 1 Jan. 2009 (AS 2008 5747). |
Chapter 2 Principles of Nuclear Safety and Security |
Art. 7 Requirements concerning nuclear safety
The following measures must be taken in order to guarantee nuclear safety.
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Art. 8 Requirements concerning measures to prevent accidents
1 Preventive and protective measures must be taken to avoid accidents in nuclear installations that may originate either within (internal) or outside (external) the installation. 2 Internal initiating events include reactivity disturbance, loss of coolant, loss of heat sink, fire, flooding, mechanical damage due to component failure, damage to cladding when handling fuel elements, failure of operating systems, unintentional activation or faulty functioning of safety systems, and mistakes made by personnel. 3 External initiating events include earthquake, flooding, accidental crash of civil or military aircraft, squall, lightning strike, shock wave, fire, loss of off-site power, impairment or loss of external cooling water supply. 4 For the design of a nuclear installation in accordance with Article 7 letter c, accidents within the meaning of paragraph 2 and accidents not triggered by natural events within the meaning of paragraph 3 must be classified by the frequency specified in Article 123 paragraph 2 RPO6. In addition to the initiating event, an unrelated single failure must also be assumed. Proof must be provided that the requirements relating to maximum radiation doses in accordance with Article 123 paragraph 2 RPO are met.7 4bis For the design of a nuclear installation in accordance with Article 7 letter c, in the case of accidents triggered by natural events in accordance with paragraph 3, the assumption shall be made of a natural event with a frequency of 10‑3 per year and a natural event with a frequency of 10‑4 per year. In addition to a natural event triggering the accident, a separate individual error shall be assumed. It must be demonstrated that the dose resulting from a single such event for members of the public:
5 Proof must be provided by probabilistic analysis that there is adequate protection against beyond-design-basis accidents. For this purpose, the preventive and mitigating measures in accordance with Article 7 letter d may be taken into account.9 6The Federal Department of the Environment, Transport, Energy and Communications (the Department) shall define the hazard assumptions and associated evaluation criteria in an ordinance. 7 Amended by No I of the O of 7 Dec. 2018, in force since 1 Feb. 2019 (AS 2019 183). 8 Inserted by No I of the O of 7 Dec. 2018, in force since 1 Feb. 2019 (AS 2019 183). 9 Amended by No I of the O of 7 Dec. 2018, in force since 1 Feb. 2019 (AS 2019 183). |
Art. 9 Requirements concerning security
1 The protection of nuclear installations and nuclear material against sabotage, malicious acts and unauthorised removal must be based on the principle of defence in depth, which encompasses structural, technical, organisational, personnel and administrative measures. 2 The principles for security zones and barriers and for the protection of nuclear installations, nuclear materials and radioactive waste are defined in Annex 2. 3 The Department shall define the principles for hazard assumptions and for structural, technical, organisational and administrative security measures in an ordinance. |
Art. 10 Basic principles for the design of nuclear power plants
1 The following principles apply to nuclear power plants:
2 ENSI shall specify detailed design principles for light-water reactors in guidelines.10 10 Amended by Annex No 12 of the O of 12 Nov. 2008 on the SwissFederal Nuclear Safety Inspectorate, in force since 1 Jan. 2009 (AS 2008 5747). |
Art. 11 Design principles for deep geological repositories
1 In order to guarantee long-term safety, the site for a deep geological repository must meet the following requirements:
2 A deep geological repository must be designed to ensure that:
3 ENSI shall issue guidelines that specify:
11 Amended by No I of the O of 31 May 2024, in force since 1 July 2024 (AS 2024 280). |
Art. 12 Design principles for other nuclear installations
1 Article 10 paragraph 1 applies by analogy to the design of nuclear installations other than nuclear power plants and deep geological repositories. 2 An interim storage installation for radioactive waste must be designed to ensure that:
3 ENSI shall specify detailed design principles for individual types of nuclear installations in guidelines.12 12 Amended by Annex No 12 of the O of 12 Nov. 2008 on the SwissFederal Nuclear Safety Inspectorate, in force since 1 Jan. 2009 (AS 2008 5747). |
Chapter 3 Nuclear Goods |
Art. 13 Responsibilities
The Federal Office is responsible for:
13 Inserted by Annex 8 No I of the Goods Control Ordinance of 3 June 2016, in force since 1 July 2016 (AS 2016 2195). 14 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 15
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. 15 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:16
3 Documents relating to applications for licences for the mediation of nuclear materials or the export or mediation of technology concerning nuclear materials, must contain the following information:
4 On request, the holder of a licence for the mediation of nuclear materials must periodically provide the Federal Office with the following details:
5 The Federal Office reserves the right to request additional documentation. 16 Amended by Art. 21 para. 2 of the Nuclear Energy Public Liability Ordinance of 25 March 2015, in force since 1 Jan. 2022 (AS 2021860). 17 Inserted by Art. 21 para. 2 of the Nuclear Energy Public Liability Ordinance of 25 March 2015, in force since 1 Jan. 2022 (AS 2021860). 19 Inserted by Art. 21 para. 2 of the Nuclear Energy Public Liability Ordinance of 25 March 2015, in force since 1 Jan. 2022 (AS 2021860). |
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 21
The following types of deliveries are equivalent to import and export activities:
21 Amended by Annex 4 No 31 of the Customs Ordinance of 1 Nov. 2006, in force since 1 May 2007 (AS 20071469). |
Art. 1922
22 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. 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:23
2 The licence holder must report the following events and findings relating to security to ENSI without delay:24
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.25 23 Amended by Annex No 12 of the O of 12 Nov. 2008 on the SwissFederal Nuclear Safety Inspectorate, in force since 1 Jan. 2009 (AS 2008 5747). 24 Amended by Annex No 12 of the O of 12 Nov. 2008 on the SwissFederal Nuclear Safety Inspectorate, in force since 1 Jan. 2009 (AS 2008 5747). 25 Amended by Annex No 12 of the O of 12 Nov. 2008 on the SwissFederal Nuclear Safety Inspectorate, in force since 1 Jan. 2009 (AS 2008 5747). |
Chapter 4 Nuclear Installations |
Section 1 General Licence |
Art. 22 Nuclear installations with low hazard potential
1 Nuclear installations do not require a general licence if the frequency of all accidents in accordance with Article 8 paragraphs 2 and 3 with a resulting dose of more than 1 mSv for members of the public does not exceed 10-6 per annum. In the case of interim storage installations and deep geological repositories, the total of activities of all nuclides to be emplaced must not exceed 1016 g LL in accordance with Annex 3 column 9 RPO26.27 2 ENSI shall specify the methodology and boundary conditions for the accident analysis called for in paragraph 1 in guidelines.28 27 Amended by Annex 11 No 4 of the Radiological Protection Ordinance of 26 April 2017, in force since 1 Jan. 2018 (AS 2017 4261). 28 Amended by Annex No 12 of the O of 12 Nov. 2008 on the SwissFederal Nuclear Safety Inspectorate, in force since 1 Jan. 2009 (AS 2008 5747). |
Art. 23 Application documents
Applications for a general licence must be accompanied by the following documentation:
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Section 2 Construction Licence and Construction of Installation |
Art. 24 Applications
1 Applicants for a construction licence must demonstrate that:
2 They must submit the following documentation:
3 ENSI shall regulate the type, content, presentation and number of required application documents in guidelines.30 29 Repealed by No I of the O of 1. Nov. 2017, with effect from 1 Jan. 2018 (AS 2017 7107). 30 Amended by Annex No 12 of the O of 12 Nov. 2008 on the SwissFederal Nuclear Safety Inspectorate, in force since 1 Jan. 2009 (AS 2008 5747). |
Art. 25 Quality management programme
1 In their quality management programme for the planning and construction phase, applicants are required to describe the organisational structure and processes, including their co-operation with contractors, and with the relevant licensing and supervisory authorities. 2 The quality management programme must take account of the state of the art of nuclear safety and security technology. 3 Applicants must have their quality management programme periodically examined by external auditors – and modified where necessary – in accordance with current industry standards. 4 ENSI shall specify the detailed requirements on quality management programmes in guidelines.31 31 Amended by Annex No 12 of the O of 12 Nov. 2008 on the SwissFederal Nuclear Safety Inspectorate, in force since 1 Jan. 2009 (AS 2008 5747). |
Art. 26 Permits
1 For buildings and system components that require a permit in accordance with the conditions of the construction licence, ENSI shall grant permits:32
2 To obtain the necessary permit, applicants must submit all the documentation necessary for the assessment as aforementioned in Annex 4. 3 ENSI shall regulate the type, content, presentation and number of required application documents in guidelines.33 32 Amended by Annex No 12 of the O of 12 Nov. 2008 on the SwissFederal Nuclear Safety Inspectorate, in force since 1 Jan. 2009 (AS 2008 5747). 33 Amended by Annex No 12 of the O of 12 Nov. 2008 on the SwissFederal Nuclear Safety Inspectorate, in force since 1 Jan. 2009 (AS 2008 5747). |
Art. 27 Construction documentation
1 Licence holders must fully document the construction of buildings and the manufacture and assembly of technical equipment, as well as implemented controls and inspections in a retraceable manner at all times. 2 All documentation must be securely archived until completion of the decommissioning, or until closure or expiry of the specified monitoring period. 3 All modifications carried out on the installation, including decommissioning or closure, must be documented. 4 The licence holder must hand over all documentation to ENSI after the installation has been decommissioned, or after it has been closed or the period of observation has expired to the Department.34 5 ENSI shall specify the detailed requirements on documentation and archiving in guidelines.35 34 Amended by Annex No 12 of the O of 12 Nov. 2008 on the SwissFederal Nuclear Safety Inspectorate, in force since 1 Jan. 2009 (AS 2008 5747). 35 Amended by Annex No 12 of the O of 12 Nov. 2008 on the SwissFederal Nuclear Safety Inspectorate, in force since 1 Jan. 2009 (AS 2008 5747). |
Section 3 Operating Licence |
Art. 28 Application documents
1 Applications for an operating licence must be accompanied by the following documentation:
2 ENSI shall regulate the type, content, presentation and number of required application documents in guidelines.36 36 Amended by Annex No 12 of the O of 12 Nov. 2008 on the SwissFederal Nuclear Safety Inspectorate, in force since 1 Jan. 2009 (AS 2008 5747). |
Art. 29 Permits
1 The operating licence shall require permits for the following stages of the commissioning procedure:
2 To obtain the necessary permit, applicants must submit the documentation necessary for the assessment as aforementioned in Annex 4. 3 ENSI shall regulate the type, content, presentation and number of required application documents in guidelines.37 37 Amended by Annex No 12 of the O of 12 Nov. 2008 on the SwissFederal Nuclear Safety Inspectorate, in force since 1 Jan. 2009 (AS 2008 5747). |
Art. 30 Requirements concerning organisation
1 The organisation of the installation must be structured in such a manner that it ensures internal responsibility for at least the following activities and areas:
2 The licence holder must organise the personnel into a manageable number of organisational units which are headed by a designated manager. Deputies must also be appointed for all managers. 3 The licence holder must appoint a committee that analyses events and findings that are attributable to human factors, and that proposes measures and supervises their implementation. 4 The licence holder must designate a position for technical operation of the installation that is provided with the necessary competencies and resources, and that is responsible for decisions relating to safety and security. 5 ENSI shall specify the detailed requirements on the organisation in guidelines.38 38 Amended by Annex No 12 of the O of 12 Nov. 2008 on the SwissFederal Nuclear Safety Inspectorate, in force since 1 Jan. 2009 (AS 2008 5747). |
Art. 31 Quality management system for operation
The quality management system for operation must meet the following requirements in particular:
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Section 4 Operation |
Art. 32 Maintenance, in-service inspection and functional testing
1 The licence holder must define systematic programmes for the maintenance of safety and security equipment and must implement the measures specified therein, in particular relating to:
2 Any deviations from the target state must be rectified by taking the appropriate repair measures. 3 Qualified procedures and equipment must be used for maintenance, inspection and repair tasks, and these must be carried out by qualified personnel. 4 All maintenance and repair work must be documented and the outcome periodically evaluated. Programmes must be supplemented as necessary. |
Art. 33 Systematic safety and security assessments
1 The licence holder must carry out systematic safety assessments for the following areas:
2 The licence holder must carry out systematic security assessments for the following areas:
3 ENSI shall specify the detailed requirements on systematic safety and security assessments in guidelines.39 39 Amended by Annex No 12 of the O of 12 Nov. 2008 on the SwissFederal Nuclear Safety Inspectorate, in force since 1 Jan. 2009 (AS 2008 5747). |
Art. 33a Reliability assessments 40
1 The regular reliability assessments on persons who carry out functions that are essential for nuclear safety and the security of the nuclear installation are governed by the Ordinance of 8 November 202341 on Personnel Security Screening (PSSO). 2 The costs of the assessments are borne by the instigating body in accordance with Article 15 paragraph 4 letter a PSSO. 40 Inserted by Annex 8 No II 7 of the O of 8 Nov. 2023 on Personnel Security Screening, in force since 1 Jan. 2024 (AS 2023 736). |
Art. 34 Comprehensive safety reviews for nuclear power plants 42
1 The holder of an operating licence for a nuclear power plant must carry out a comprehensive safety review every 10 years (Periodic Safety Review, PSR). 2 For this purpose it must:
3 The PSR documents must be submitted to ENSI two years at the latest before the end of any operating decade. 4 For the period following the fourth operating decade, proof of safety for long-term operations in accordance with Article 34a must also be submitted as part of the PSR. 5 ENSI shall specify the detailed requirements on periodical safety reviews in guidelines. It may provide relief for nuclear power plants for the period following their being definitively taken out of service or exempt them entirely from the obligation to submit a PSR. 42 Amended by No I of the O of 26 April 2017, in force since 1 June 2017 (AS 2017 2829). |
Art. 34a Proof of safety for long-term operations 43
1 Proof of safety for long-term operations shall comprise the following information in particular:
2 ENSI shall specify the detailed requirements on proof of safety for long-term operations in guidelines. 43 Inserted by No I of the O of 26 April 2017, in force since 1 June 2017 (AS 2017 2829). |
Art. 35 Ageing management
1 With the aid of a programme for managing ageing, the licence holder must systematically monitor the ageing of all systems, structures and components, the functions and integrity of which are of importance with regard to safety and security. 2 The results must be evaluated, and any necessary measures must be defined and duly implemented. 3 With the aid of the said programme for managing ageing, the licence holder must document the inspection of the installation from the point of view of the effects of ageing, and the programme must be periodically updated in accordance with the current status of the installation. 4 ENSI shall specify the methods and scope of the ageing management programme in guidelines.44 44 Amended by Annex No 12 of the O of 12 Nov. 2008 on the SwissFederal Nuclear Safety Inspectorate, in force since 1 Jan. 2009 (AS 2008 5747). |
Art. 36 Monitoring the state of the art in science and technology and the operating experience in comparable installations
1 The licence holder must monitor field-related scientific developments, especially findings obtained from research activities, and must examine the extent to which conclusions may be drawn therefrom concerning safety and security of the licence holder’s installation. 2 The licence holder must monitor technological developments, including those relating to organisation and personnel, and must examine the extent to which conclusions may be drawn therefrom concerning the safety and security of the licence holder’s installation. The following are of particular relevance:
3 The licence holder must monitor operating experiences and findings of similar installations and assess their significance for his own installation. |
Art. 37 Periodical reporting
1 In accordance with Annex 5, the licence holder must submit reports to ENSI for the purpose of assessing the status and operation of the installation.45 2 ENSI shall regulate the type, content, presentation and number of required reports in guidelines.46 45 Amended by Annex No 12 of the O of 12 Nov. 2008 on the SwissFederal Nuclear Safety Inspectorate, in force since 1 Jan. 2009 (AS 2008 5747). 46 Amended by Annex No 12 of the O of 12 Nov. 2008 on the SwissFederal Nuclear Safety Inspectorate, in force since 1 Jan. 2009 (AS 2008 5747). |
Art. 38 Reporting obligations in the area of nuclear safety 47
1 Holders of an operating licence must report the following activities in particular to ENSI before they are carried out:
2 They must report the following activities to ENSI:
3 They must report the following events and findings to ENSI:
4 They must submit to ENSI all necessary reports as indicated in Annex 6. 5 ENSI shall regulate the reporting procedure in accordance with paragraphs 1 and 2 and the method of classification of events and findings in accordance with paragraph 3 in guidelines. 47 Amended by Annex No 12 of the O of 12 Nov. 2008 on the SwissFederal Nuclear Safety Inspectorate, in force since 1 Jan. 2009 (AS 2008 5747). |
Art. 39 Reporting obligations in the area of security 48
1 The holder of an operating licence must in particular report the following activities to ENSI before they are carried out:
2 The holder of an operating licence must report the following malicious acts and findings to ENSI without delay:
3 The holder of an operating licence must submit a report on every malicious act or finding to ENSI within 30 days. The report must be classified. 48 Amended by Annex No 12 of the O of 12 Nov. 2008 on the SwissFederal Nuclear Safety Inspectorate, in force since 1 Jan. 2009 (AS 2008 5747). 49 Repealed by No I of the O of 31 May 2024, with effect from 1 July 2024 (AS 2024 280). |
Art. 40 Modifications that require a permit
1 The following modifications are generally regarded as modifications that do not deviate significantly from the respective licence but which require a permit in accordance with Article 65, paragraph 3 of the Nuclear Energy Act:
2 To obtain the necessary permit in accordance with paragraph 1 letters a and b, the licence holder must submit all the documentation necessary for the assessment as aforementioned in Annex 4. 3 To obtain the necessary permit in accordance with paragraph 1 letter c, the licence holder must submit all the required documentation together with an explanation of the reason for the changes. 4 For modifications of technical specifications, the licence holder must also explain the method and technical criteria that have been used for assessing the impacts of the modifications on the safety of the installation. 5 ENSI shall regulate the type, content, presentation and number of required application documents in guidelines.50 50 Amended by Annex No 12 of the O of 12 Nov. 2008 on the SwissFederal Nuclear Safety Inspectorate, in force since 1 Jan. 2009 (AS 2008 5747). |
Art. 41 Documentation
1 The licence holder must update the organisational and technical documents in accordance with Annex 3 throughout the entire period of operation of the nuclear installation, up to its decommissioning or closure, and must adapt them to the current status of the installation. 2 The licence holder must at all times traceably document the operation of the installation on the basis of records in accordance with Annex 3 and documents describing function tests and maintenance operations. 3 All documentation must be securely archived until completion of the decommissioning, or until closure of the installation or expiry of the specified monitoring period. 4 The licence holder must hand over all documentation to ENSI after the installation has been decommissioned, or to the Department after closure of the installation or expiry of the monitoring period.51 5 ENSI shall specify the detailed requirements on documentation and its archiving in guidelines.52 51 Amended by Annex No 12 of the O of 12 Nov. 2008 on the SwissFederal Nuclear Safety Inspectorate, in force since 1 Jan. 2009 (AS 2008 5747). 52 Amended by Annex No 12 of the O of 12 Nov. 2008 on the SwissFederal Nuclear Safety Inspectorate, in force since 1 Jan. 2009 (AS 2008 5747). |
Art. 42 Updating of plan or project concerning decommissioning and closure
1 Every ten years, the holder of an operating licence must review and update the plan for the decommissioning of a nuclear installation or, in the case of a deep geological repository, the project for the monitoring period and the plan for closure. 2 Updating is also required if:
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Art. 43 Shutdown of a nuclear power plant
1 The holder of an operating licence for a nuclear power plant must shut down the installation if one of the shutdown criteria in the technical specifications or power plant regulations should be fulfilled. 2 The licence holder may only resume operation with a reactor output of more than 5 percent after the necessary measures have been taken. |
Art. 44 Criteria for provisional taking out of service and backfitting of nuclear power plants 53
1 The holder of an operating licence must take the nuclear power plant out of service and backfit it if one or more of the following technical criteria are fulfilled:
2 In the analysis under paragraph 1 letter a, accidents with a frequency of more than 10-6 per year that are not triggered by natural events and natural events with a frequency of 10-4 per year must be taken into account. 3 The Department specifies the methodology and boundary conditions governing the review of criteria in an ordinance. 53 Amended by No I of the O of 7 Dec. 2018, in force since 1 Feb. 2019 (AS 2019 183). |
Section 5 Decommissioning |
Art. 45 Project documentation
The organisation required to carry out decommissioning must submit the following documents concerning the decommissioning project:
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Art. 46 Decommissioning order
The decommissioning order specifies the following details:
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Art. 47 Permits
The decommissioning order sets forth the need for a permit especially for the following activities:
54 Amended by No I of the O of 7 Dec. 2018, in force since 1 Feb. 2019 (AS 2019 183). 55 Amended by No I of the O of 7 Dec. 2018, in force since 1 Feb. 2019 (AS 2019 183). |
Art. 48 Reporting procedure for decommissioning 56
The organisation required to carry out decommissioning must report to ENSI once a year on the status of decommissioning of the installation, and must also submit a final report after completion of the process. 56 Amended by Annex No 12 of the O of 12 Nov. 2008 on the SwissFederal Nuclear Safety Inspectorate, in force since 1 Jan. 2009 (AS 2008 5747). |
Chapter 5 Radioactive Waste |
Section 1 General |
Art. 50 Minimisation of radioactive waste
Nuclear installations must be designed, constructed and operated in such a manner as to ensure that the lowest possible quantity of radioactive waste in terms of activity and volume arises from their operation and decommissioning. For this purpose the following requirements apply in particular:
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Art. 51 Categories of radioactive waste
For the purpose of management and disposal, radioactive waste is classified in the following categories:
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Art. 51a Material composition of radioactive waste 57
Radioactive waste may contain chemically toxic and chemically reactive substances, provided this is compatible with safe disposal. 57 Inserted by No I of the O of 31 May 2024, in force since 1 July 2024 (AS 2024 280). |
Art. 51abis Exceptions to the obligation to manage and dispose of nuclear waste 58
The following are not subject to the obligation to manage and dispose of nuclear waste in accordance with Article 31 NEA:
58 Originally Art. 51a. Inserted by No I of the O of 7 Dec. 2018, in force since 1 Feb. 2019 (AS 2019 183). |
Art. 52 Waste management programme
1 Those required to manage radioactive waste must include the following information in the waste management programme:
2 The waste management programme must be updated every five years. 3 ENSI and the Federal Office are responsible for reviewing and monitoring compliance with the waste management programme.60 60 Amended by Annex No 12 of the O of 12 Nov. 2008 on the SwissFederal Nuclear Safety Inspectorate, in force since 1 Jan. 2009 (AS 2008 5747). |
Section 2 Clearance Measurement and Conditioning |
Art. 53 Clearance measurement of materials
1 Any person intending to remove materials from controlled zones of a nuclear installation must carry out a clearance measurement with appropriate quality assurance and document it.61 2 Quantities of material weighing more than 1,000 kilograms or with a volume greater than a cubic metre must be reported to ENSI at least 10 days prior to removal from the nuclear installation, and the required documentation must be submitted.62 3 ENSI shall specify the detailed requirements on clearance measurement and reporting in guidelines.63 61 Amended by No I of the O of 7 Dec. 2018, in force since 1 Feb. 2019 (AS 2019 183). 62 Amended by Annex No 12 of the O of 12 Nov. 2008 on the SwissFederal Nuclear Safety Inspectorate, in force since 1 Jan. 2009 (AS 2008 5747). 63 Amended by Annex No 12 of the O of 12 Nov. 2008 on the SwissFederal Nuclear Safety Inspectorate, in force since 1 Jan. 2009 (AS 2008 5747). |
Art. 54 Conditioning
1 Radioactive waste must be conditioned as quickly as possible. The collection of non-conditioned waste for the purpose of carrying out periodical conditioning campaigns is permitted. 2 Conditioned waste packages must be suitable for transport, storage and disposal. 3 Each waste package must be labelled and provided with documentation that describes production, composition and properties. This documentation must be retained and handed over to the company that is to carry out the further waste management operations. 4 For the production of a conditioned waste package a type or individual permit issued by ENSI is necessary.64 5 Applications must be accompanied by all documents that are necessary for assessment purposes, and these must provide information relating in particular to:
6 ENSI shall specify the detailed requirements on conditioning and application documents in guidelines.65 64 Amended by Annex No 12 of the O of 12 Nov. 2008 on the SwissFederal Nuclear Safety Inspectorate, in force since 1 Jan. 2009 (AS 2008 5747). 65 Amended by Annex No 12 of the O of 12 Nov. 2008 on the SwissFederal Nuclear Safety Inspectorate, in force since 1 Jan. 2009 (AS 2008 5747). |
Section 3 Handling Radioactive Waste |
Art. 55 Competences
1 The Federal Office is the competent authority for:
3 The Department is responsible for concluding the agreement under international law in accordance with Article 34 paragraph 3 letter a NEA in the case of the export of low and intermediate-level waste for conditioning purposes.68 67 Inserted by No I of the O of 7 Dec. 2018, in force since 1 Feb. 2019 (AS 2019 183). 68 Inserted by No I of the O of 29 Nov. 2023, in force since 1 Jan. 2024 (AS 2023 765). |
Art. 56 Application and related documentation
1 Applications for a licence for the transport and for the import, export or transit of radioactive waste must be submitted jointly by the consignor, the consignee, the carrier and the transport organiser. 2 The documentation must provide the necessary information for assessing the application, including in particular:
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Chapter 6 Procedures, Information and Promotion |
Art. 73 Review by ENSI 69
ENSI shall review applications submitted for licences and approvals in accordance with Articles 49 to 63 of the Nuclear Energy Act. 69 Amended by Annex No 12 of the O of 12 Nov. 2008 on the SwissFederal Nuclear Safety Inspectorate, in force since 1 Jan. 2009 (AS 2008 5747). |
Art. 74 Deadlines for dealing with applications
The following deadlines generally apply for dealing with applications for licences and approvals in accordance with Articles 49 to 63 of the Nuclear Energy Act:
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Art. 75 Procedure for permits and for type or individual approvals
1 The following are not published or presented for public consultation:
2 ENSI shall if applicable transmit the application to the specialist departments of the Confederation for review. For this it shall set an appropriate deadline.70 3 The precondition for granting a permit is that the requirements of an underlying licence or order continue to be met and that the conditions specified in the licence or order are taken into account. 4 …71 70 Amended by Annex No 12 of the O of 12 Nov. 2008 on the SwissFederal Nuclear Safety Inspectorate, in force since 1 Jan. 2009 (AS 2008 5747). 71 Repealed by Annex No 12 of the O of 12 Nov. 2008 on the SwissFederal Nuclear Safety Inspectorate, with effect from 1 Jan. 2009 (AS 2008 5747). |
Art. 76 Obligation to provide information about special events and findings relating to nuclear safety 72
1 ENSI shall notify the general public without delay of any special events and findings in nuclear installations that:
2 In the case of special events and findings of public interest that are not covered by paragraph 1 above, ENSI shall arrange for the provision of information to the public. 72 Amended by Annex No 12 of the O of 12 Nov. 2008 on the SwissFederal Nuclear Safety Inspectorate, in force since 1 Jan. 2009 (AS 2008 5747). |
Art. 77 Promotion of research, education and training
1 Within the scope of approved credits, the supervisory authorities shall support projects in the area of applied research, educational activities and the training of personnel in the areas of safety and security of nuclear installations and nuclear waste management. 2 Their support shall take the form of financial aid or the assistance provided by personnel from the Federal Office or ENSI.73 73 Amended by Annex No 12 of the O of 12 Nov. 2008 on the SwissFederal Nuclear Safety Inspectorate, in force since 1 Jan. 2009 (AS 2008 5747). |
Chapter 7 Criminal Provisions and Final Provisions |
Art. 80 Repeal of current legislation
The following Ordinances are repealed:
76 [AS 1984 209; 1987 546, 1484; 1991 1450; 1993 901Annex No 10; 1994 140; 1995 4959; 1996 2243No I 65; 1997 2128; 2002 349Art. 29] |
Art. 82 Transitional provision
For the specification of the scope of backfitting activities in nuclear installations that were commissioned prior to the enactment of the Nuclear Energy Act, the requirements and principles laid down in Articles 7 to 12 must be met in accordance with Article 22 paragraph 2 letter g of the Nuclear Energy Act. |
Art. 82a Transitional provision to the Amendment of 26 April 2017 78
ENSI may on request extend the deadline for submission of the PSR with proof of safety for long-term operations in accordance with Article 34 paragraph 4 in conjunction with Article 34 paragraph 3 until the end of 2019 at the latest. 78 Inserted by No I of the O of 26 April 2017, in force since 1 June 2017 (AS 2017 2829). |
Annex 1 79
79 Revised by Annex 8 No I of the Goods Control Ordinance of 3 June 2016 (AS 2016 2195) and Annex 11 No 4 of the Radiological Protection Ordinance of 26 April 2017, in force since 1 Jan. 2018 (AS 2017 4261). |
(Art. 4) |
Definitions |
In this Ordinance:
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Annex 2 81
81 Revised in accordance with Annex No 12 of the O of 12 Nov. 2008 on the SwissFederal Nuclear Safety Inspectorate, in force since 1 Jan. 2009 (AS 2008 5747). |
(Art. 9, para. 2) |
Principles for the security of nuclear installations, nuclear materials and radioactive waste |
2. Security of nuclear materials and radioactive waste |
Category I |
Material in this category must be protected against unauthorised removal with extremely reliable systems as follows: Use and storage within a highly protected inner area i.e. a protected zone for the type of material defined for category II, access to which is restricted to persons whose integrity has been verified, and which is surveyed by guard personnel who are in close contact with the relevant emergency crews. The aim of the various measures in this connection is to identify and prevent malicious acts unauthorised access and the unauthorised removal of nuclear material. Movement of nuclear material in accordance with special precautionary measures for the described method for the transport of material in categories II and III, and under constant surveillance by accompanying personnel and under conditions that guarantee close contact with the relevant emergency crews. |
Category II |
Use and storage within a protected area access to which is monitored, i.e. a zone that is under constant surveillance by security personnel or electronic devices, and is surrounded by a physical perimeter with a limited number of adequately controlled points of access, or a zone with an equivalent level of physical protection. Movement of nuclear material in accordance with special precautionary measures, including prior arrangements between sender, recipient and carrier, plus prior agreement between the legal entities subject to the jurisdiction and regulatory authorities of the country of origin and destination for cross-border transport, concerning the time, place and procedure for the transfer of responsibility for the consignment. |
Category III |
Use and storage within a zone, access to which is under surveillance. Movement of nuclear material in accordance with special precautionary measures, including prior arrangements between sender, recipient and carrier, plus prior agreement between the legal entities subject to the jurisdiction and regulatory authorities of the country of origin and destination for cross-border transport, concerning the time, place and procedure for the transfer of responsibility for the consignment. |
Annex 3 82
82 Revised in accordance with Annex No 12 of the O of 12 Nov. 2008 on the SwissFederal Nuclear Safety Inspectorate (AS 2008 5747) and Annex 11 No 4 of the Radiological Protection Ordinance of 26 April 2017, in force since 1 Jan. 2018 (AS 2017 4261). |
(Art. 28 and 41) |
Operational documentation |
The documentation relating to the operation of a nuclear installation comprises organisational and technical documents, plus operational records. |
1. Organisational documents |
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2. Technical documents |
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3. Operational records |
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Annex 4 |
(Art. 24, 26, 28, 29, 40) |
Documentation for licences and permits, safety classification |
For applications for the issue of licences and permits for nuclear installations, the documents in accordance with Sections 1 and 2 that are necessary for the assessment of each application must be submitted. Section 2 lists the most important documents. |
Key to table in Section 1 |
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1. Documents by type of application and by area |
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2. Documents by area |
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3. Safety classification |
3.1 Safety classes (SC) |
In view of its significance for nuclear safety and radiation protection, mechanical equipmentis classified in four safety classes:
In view of its significance for nuclear safety, electrical equipmentis classified in two safety classes:
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3.2 Earthquake classes (EC) |
In view of its safety functions, mechanical and electrical equipment is classified in 2 earthquake classes:
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3.3 Nuclear building classes (BC) |
In view of their significance for nuclear safety and radiation protection, buildings are classified in two nuclear building classes:
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Annex 5 83
83 Amended by Annex No 12 of the O of 12 Nov. 2008 on the SwissFederal Nuclear Safety Inspectorate, in force since 1 Jan. 2009 (AS 2008 5747). |
(Art. 37) |
Periodical reporting |
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Annex 6 84
84 Amended by Annex 11 No 4 of the Radiological Protection Ordinance of 26 April 2017, in force since 1 Jan. 2018 (AS 2017 4261). The correction of 16 October 2019 concerns the French text only (AS 2019 3441). |
(Art. 21 and 38) |
Reporting on events and findings relating to safety |
A. Event report and report on follow-up measures |
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B. Categorisation of events and findings |
1. Classification: |
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Events and findings in terms of Article 21 paragraph 1 and Article 38 paragraph 3 letters a and c must be classified as follows:
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2. Classification on the IAEA’s International Nuclear Event Scale (INES) |
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Events and findings in terms of Article 21 paragraph 1 and Article 38 paragraph 3 letters a and c must also be classified in accordance with the IAEA’s International Nuclear Event Scale (see INES User’s Manual 2008 Edition, IAEA, Vienna 2009).
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3. Assessment of public interest |
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In the case of events and findings in terms of Article 21 paragraph 1 and Article 38 paragraph 3 letters a and c, and in the case of other events, an assessment must be made of whether there is a public interest. Deadlines for notification and reporting:
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Annex 7 |
(Art. 81) |