Federal Decree on the Atomic Energy Act (Switzerland)

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Basic data
Title: Federal resolution on the Atomic Energy Act
Short title: BB on the Atomic Energy Act
Abbreviation: -
Type: Federal law
Scope: Switzerland
Legal matter: energy
Systematic
legal collection (SR) :		 732.01
Original version from: October 6, 1978
Entry into force on: July 1, 1979
Expiry: February 1, 2005
Please note the note on the applicable legal version.

The Federal Decree on the Atomic Energy Act of October 6, 1978 came into force on July 1, 1979 after the referendum of May 20, 1979.

The content of the Atomic Energy Act was supplemented by the federal resolution: It was required from July 1, 1979 to build nuclear power plants

  • a general license (Art. 1),
  • a proof of needs (Art. 3 b) and
  • the producers of radioactive waste have been given responsibility for the safe disposal of radioactive waste (Art. 10 ff).

This federal resolution was a transitional arrangement until the new Nuclear Energy Act was passed and was therefore limited in time.

History of origin

From 1972 onwards, several political initiatives aimed at revising the 1959 Atomic Energy Act. However, the occupation of the building site for the planned Kaiseraugst nuclear power plant in the spring of 1975 had a decisive influence on the details of the revision . In autumn of this year, the Federal Council commissioned a legal expert commission to draw up a draft for a total revision of the Atomic Energy Act. Additional pressure on the ongoing review process was exerted by the first nuclear protection initiative, which was then in the collecting stage.

A rapid total revision of the Atomic Energy Act was almost unanimously desired. In view of the urgency of the postulates to be implemented, the Federal Decree on the Atomic Energy Act of October 6, 1978 was created as a transitional regulation. However, it was expected that the total revision will be pushed ahead. "Against the temporary federal resolution on the Atomic Energy Act passed by the Federal Assembly in 1978 as an informal counter-proposal to the atomic protection initiative, the more radical wing of the atomic energy opponents called a referendum."

On February 18, 1979, the nuclear protection initiative came to a vote. The explanations of the Federal Council on the vote recommended: “The Federal Assembly has not compared the nuclear [protection] initiative with its own constitutional article. To this end, it passed a revision of the Atomic Energy Act by a large majority on October 6, 1978, which takes into account the legitimate concerns of the initiative without assuming its negative consequences. (...) The Federal Council and the Federal Assembly are convinced that the revised Atomic Energy Act is a better solution than the nuclear [protection] initiative. (...) People and class are requested to reject the popular initiative. " The nuclear protection initiative was rejected in the referendum on February 18, 1979.

As requested by the authorities, the Federal Decree on the Atomic Energy Act was adopted by referendum on May 20, 1979. It came into force on July 1, 1979. From this point on, the following transitional law applied:

“In the case of nuclear facilities for which a site permit but no building permit has yet been issued, a simplified procedure for granting the general permit is only checked to determine whether there is likely to be sufficient domestic demand for the energy to be generated in the facility ; When determining the demand, possible energy-saving measures, the replacement of crude oil and the development of other forms of energy must be taken into account. The commissioning license is only granted if there is a project that guarantees the permanent safe disposal and final storage of radioactive waste from the facility and if the decommissioning and possible demolition of disused facilities is regulated. ”

Current situation

The Atomic Energy Act has been completely repealed and replaced by the Nuclear Energy Act of March 21, 2003 (KEG, SR 732.1), which came into force on February 1, 2005. After the decision to phase out nuclear power in 2011, the Nuclear Energy Act must be changed.

Web links

Individual evidence

  1. ↑ Federal Chancellery BK: Template No. Retrieved on August 11, 2018 .
  2. ^ A b Federal Chancellery BK: Political rights . ( admin.ch [accessed on August 29, 2018]).
  3. ↑ Patrick Kupper: Atomic energy and divided society . Ed .: Patrick Kupper. 2003 Chronos Verlag, Zurich 2003, ISBN 3-0340-0595-4 , p. 189 .
  4. ↑ a b Federal Decree on the Atomic Energy Act. (PDF) February 13, 2001, accessed August 29, 2018 .
  5. ↑ The Swiss Federal Council: Message on the amendment to the Atomic Energy Act 77.053. In: Bundesblatt, 129th year, Volume III. Federal Gazette, August 24, 1977, accessed on August 26, 2018 .
  6. ^ Année politique Suisse 1979. Accessed August 26, 2018 .
  7. ↑ Explanations of the Federal Council : Referendum of February 18, 1979. In: bk.admin.ch. Swiss Confederation, February 18, 1979, accessed on August 26, 2018 .
  8. ^ Federal resolution on the Atomic Energy Act. October 6, 1978. Retrieved August 27, 2018 .
  9. ↑ Federal Chancellery - P: SR 732.1 Nuclear Energy Act of March 21, 2003 (KEG). Retrieved August 29, 2018 .
  10. ↑ Nuclear Energy Act (KEG)