Under the Federal Nuclear Energy Liability Act, operators of nuclear installations bear unlimited liability for nuclear damage arising from the operation of their installations or the related transport of nuclear material. For damage relating to nuclear material in transit, the owner of the foreign nuclear installation is liable.
Strict liability Under the Federal Nuclear Energy Liability Act, strict liability applies for nuclear damage. Operators are also liable if they are not directly at fault, and even if nuclear damage should be caused by acts of terrorism or war.
Exclusive liability of the operator It is solely the operator of a nuclear facility who bears liability. This makes it easier for victims to assert claims for compensation.
Insurance coverage requirement Operators of nuclear installations are required to take out insurance coverage to the amount of EUR 1.2 billion, plus 10% for interest and court-awarded costs (i.e. a total of EUR 1.32 billion).
Prescription and extinction period The prescription period is three years from the date when the claimant became aware of the damage (= relative prescription period) or 30 years from the date of the event resulting in nuclear damage (= extinction period).
Long-term damage detected after expiry of 30-year statutory limitation period If the victim only becomes aware of damage after the 30-year statutory limitation period has expired, the damage is covered by the Federal Nuclear Damage Fund.
Court having jurisdiction A single court has jurisdiction over claims for compensation following an accident, regardless of the place of residence or nationality of the injured party.
Compensation
Nuclear damage is covered by insurance up to the amount of EUR 1.2 billion. In the event of damage, this insurance cover is supplemented by an amount of EUR 300 million, which is paid by the Contracting States to the Brussels Supplementary Convention. In total, EUR 1.5 billion (plus EUR 150 million for interest and court-awarded costs) are now available to cover nuclear damage. For damage in excess of this sum, operators of nuclear installations are liable without limitation with all their assets.
Nuclear research facilities, the Federal Government’s interim storage facility and nuclear installations being decommissioned where there is no nuclear fuel on the site are insured for EUR 70 million, and certain nuclear material transports are insured for EUR 80 million (plus 10% for interest and court-awarded costs in each case.
Insurance provider
Insurance coverage is primarily provided by private insurance companies. Risks that private insurers cannot cover or are unable to cover in full will be covered by the federal government. In such cases, operators are required to pay a premium into the Federal Nuclear Damage Fund.
Large-scale damage
If all the available funds do not suffice to cover incurred nuclear damage or if the ordinary procedure cannot be carried out due to the large number of injured parties, a situation of large-scale damage is declared. In this case, Parliament may specify a compensation plan for the just distribution of the available funds and, if necessary, stipulate that the federal government may award additional contributions to compensate uncovered damage.
International
Switzerland has ratified the two nuclear energy liability conventions of Paris and Brussels (both in the revised version of 2004) and the Joint Protocol.
It concluded a bilateral agreement with Germany on third-party liability in the field of nuclear energy in 1986, which provides for equal treatment for citizens of both countries.
Exclusion of Certain Kinds of Nuclear Substances [NE/M(77)2] Annex 3, Appendix to the Decision of the Steering Committee concerning the Decisions, Recommendations and Interpretations applicable to the Paris Convention as amended by the 2004 Protocol, item 4 (page 27)
Exclusion de certaines catégories de substances nucléaires [NE/M(77)2] Annex 3, Appendice à la Décision du Comité de Direction concernant les Décisions, Recommandations et Interprétation applicables à la Convention de Paris telle que modifiée par le Protocole de 2004, chiffre 4 (page 28)
