type: legislation

jurisdiction: Switzerland

text: 814.41English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.Noise Abatement Ordinance(NAO)of 15 December 1986 (Status as of 1 July 2021)The Swiss Federal Council,on the basis of Articles 5, 12 paragraph 2, 13 paragraph 1, 16 paragraph 2, 19, 21 paragraph 2, 23, 39 paragraph 1, 40 and 45 of the Federal Act of 7 October 19831 on the Protection of the Environment (the Act),ordains:1 SR 814.01Chapter 1 General Provisions  Art. 1 Aim and scope  1 This Ordinance is intended to protect against harmful and disturbing noise.2 It regulates:a. the limitation of exterior noise emissions caused by the operation of new and existing installations in accordance with Article 7 of the Act;b. the designation and development of building zones in areas exposed to noise;c. the issuing of planning permission for buildings with rooms sensitive to noise and lying in areas exposed to noise;d. the soundproofing against exterior and interior noise of new buildings with rooms sensitive to noise;e. the soundproofing against exterior noise of existing buildings with rooms sensitive to noise;f. the determination of the exposure to exterior noise and its rating based on exposure limit values.3 It does not regulate:a. protection against noise originating from an industrial site as long as this only affects industrial buildings and dwellings within the site;b. protection against infra- and ultrasound.4…22 Repealed by No I of the O of 12 April 2000, with effect from 1 May 2000  (AS 2000 1388).Art. 2 Definitions  1 Stationary installations are buildings, transport facilities, building facilities and other immobile equipment that generate exterior noise during operation. These include in particular roads, railway installations, aerodromes, industrial, commercial and agricultural installations, firing ranges and permanent military firing ranges and training grounds.2 New stationary installations also include stationary installations and buildings whose use has been completely altered.3 Emission limitation measures are technical, structural or functional modifications to installations, or measures to redirect, restrict or calm the flow of traffic, or structural measures along the emission path. The purpose of the measures is to prevent or reduce the generation or propagation of exterior noise.4 Improvements are emission limitation measures for existing stationary installations.5 Exposure limit values include impact thresholds, planning values and alarm values. These are set according to the noise characteristics, the time of day and the sensitivity to noise of the buildings and areas to be protected.6 Rooms sensitive to noise are:a. rooms in dwellings with the exception of kitchens without dining facilities, washrooms and storerooms;b. rooms in industrial buildings that are regularly occupied by persons for sustained periods of time, with the exception of those for farm animals and those with high levels of industrial noise.Chapter 2 Vehicles, Mobile Appliances and Machines  Section 1 Emission Limitation Measures from Vehicles  Art. 3 1 Noise emitted from motorised vehicles, aircraft, water craft and railways must be reduced as far as possible by technical and operational means, and to the extent that this is economically acceptable.2 Emission limitation measures are governed by the legislation on road traffic, civil aviation, inland navigation or the railways, provided the vehicle concerned is covered by one of these categories of legislation. 3 Emission limitation measures for other vehicles is governed by the provisions on mobile appliances and machines.Section 2 Emission Limitation Measures for Mobile Appliances and Machines Art. 4 Principles  1 The emissions of exterior noise from mobile appliances and machines must be reduced to the extent that:a. this is technically and operationally feasible and economically acceptable; and thatb. the well-being of the affected population is not seriously impaired.2 The enforcement authorities shall order operational and structural measures, or those for proper maintenance.3 Where it is not possible to avoid exposure to highly disturbing noise due to the operation of military equipment, machines and weapons, the enforcement authorities shall relax the requirements.4 The emissions of appliances and machines that are used to operate a stationary installation are limited according to the provisions on stationary installations.Art. 53 Conformity assessment and marking of equipment and machines  1 Equipment and machines may be placed on the market only following a conformity assessment and the appropriate marking.2 The Federal Department of the Environment, Transport, Energy and Communications (DETEC) shall specify:4a. the types of equipment and machines subject to the conformity assessment and marking;b. the requirements for preventive emission limitation measures and marking, taking into account internationally recognised standards;c. the documents to be submitted for the purpose of the conformity assessment;d. the test, measurement and calculation procedures;e. the subsequent controls;f. the recognition of foreign test results and labelling.3 Amended by No I of the O of 23 Aug. 2006, in force since 1 Nov. 2006 (AS 2006 3693).4 Amended by No I of the O of 30 June 2010, in force since 1 Aug. 2010 (AS 2010 3223).Art. 6 Regulations on noise from building sites  The Federal Office for the Environment5 shall issue regulations covering structural and operational measures to control noise from building sites.5 The name of the administrative unit has been changed in application of Art. 16 para. 3 of the Publication Ordinance of 17 Nov. 2004 (AS 2004 4937). This change has been made throughout the text.Chapter 3 New and Modified Stationary Installations  Art. 7 Emission limitation measures for new stationary installations  1 Noise emissions from new stationary installations shall be limited as directed by the enforcement authorities insofar as:a. this is technically and operationally feasible and economically acceptable; andb. the noise exposure level resulting from the installation alone does not exceed the planning values.2 The enforcement authorities shall relax the requirements in cases where compliance with the planning values would place a disproportionate burden on the installation and there is an overriding public interest, particularly regarding questions of spatial planning. The impact thresholds must not, however, be exceeded.66 Amended by No I of the O of 16 June 1997, in force since 1 Aug. 1997 (AS 1997 1588).Art. 8 Emission limitation measures for modified stationary installations  1 Where a stationary installation that already exists when this Ordinance comes into force is modified, the noise emissions from the new or modified parts of the installation must be limited as directed by the enforcement authorities as far as this is technically and operationally feasible and economically acceptable.72 If the installation is significantly modified, the noise emissions from the installation as a whole must be limited at least to the extent that the impact thresholds are not exceeded.3 Conversions, extensions and operational changes carried out by the person responsible for the installation constitute significant modifications to stationary installations if it is anticipated that the noise exposure level will rise perceptibly as a result either of the installation itself or of the increased demand on existing transport facilities. The rebuilding of an installation constitutes a significant modification irrespective of the circumstances.4 If a new stationary installation is modified, Article 7 applies.87 Amended by No I of the O of 30 June 2010, in force since 1 Aug. 2010 (AS 2010 3223).8 Amended by No I of the O of 16 June 1997, in force since 1 Aug. 1997 (AS 1997 1588).Art. 9 Increased demand on transport facilities  The operation of new or significantly modified stationary installations must not lead to a situation in which:a. owing to the increased demand made on a transport facility, the impact thresholds are exceeded; orb. owing to the increased demand made on a transport facility in need of remediation, the noise exposure level rises perceptibly.Art. 10 Soundproofing measures in existing buildings  1 If the requirements specified in Articles 7 paragraph 2 and 8 paragraph 2 or in Article 9 are not fulfilled by new or significantly modified public or licensed stationary installations, the enforcement authorities shall require the owners of existing buildings exposed to noise to soundproof the windows of rooms sensitive to noise in accordance with Annex 1.2 With the approval of the enforcement authorities, building owners may carry out other structural soundproofing measures provided these reduce the noise within the rooms to the same extent.3 Soundproofing measures need not be taken if:a. no perceptible reduction of the noise level in the building is to be expected;b. they conflict with the overriding interest of preserving local character or monuments;c. the building is due to be demolished within three years of putting the new or modified installation into service, or the rooms concerned will be converted to purposes not sensitive to noise within this period.Art. 11 Costs  1 The person responsible for the new or significantly modified installation bears the costs of limiting the emission it causes.2 If the building owner is required to take soundproofing measures according to Article 10 paragraph 1, the person responsible for the installation also bears the customary local costs proven to be due for: a. engineering and supervision of works;b. soundproofing of the windows in accordance with Annex 1 and the resulting necessary adaptations;c. the financing if the person responsible has failed to contribute despite being requested to do so by the building owner;d. any fees due.3 If the building owner is required to take soundproofing measures according to Article 10 paragraph 2, the person responsible for the installation bears the customary local costs proven to be due insofar as these do not exceed those under paragraph 2. The building owner bears the remaining costs.4 Where the need for emission limitation measures or soundproofing measures arises as a result of noise from several installations, the costs are divided among the installations in proportion to their contribution to the noise exposure level.5 The building owner bears the costs for maintenance and renewal of the soundproofing measures.Art. 12 Inspection  The enforcement authorities shall inspect the new or modified installation within one year of its being put into service to check whether the emission limitation and soundproofing measures ordered have been taken. In the event of any doubt, they carry out tests to assess the effectiveness of the measures.Chapter 4 Existing Stationary Installations  Section 1 Improvements and Soundproofing Measures  Art. 13 Improvements  1 In the case of stationary installations that contribute significantly to the impact thresholds being exceeded, the enforcement authorities shall order the necessary improvement measures, after hearing the persons responsible for the installations.2 The installations shall be improved to the extent that:a. is technically and operationally feasible and economically acceptable; andb. the impact thresholds are no longer exceeded.3 Unless there are overriding interests, the enforcement authorities give priority to measures which prevent or reduce noise generation in preference to those which simply prevent or reduce noise propagation.4 Improvements need not be carried out if:a. the impact thresholds are exceeded only in building zones that have not yet been developed;b. due to the cantonal building and planning legislation, planning, design or structural measures taken at the site exposed to the noise will satisfy the impact thresholds before the time limit specified in Article 17.Art. 14 Relaxation of the requirements for improvements  1 The enforcement authorities shall relax the requirements in cases where:a. improvements would result in unreasonable operational limitations or costs;b. overriding interests, namely those of the preservation of local character, nature and landscape protection, traffic and operational safety, or national security, conflict with the improvement objective.2 Unlicensed private installations must not, however, exceed the alarm values.Art. 15 Soundproofing measures for existing buildings  1 If, as a result of relaxing the requirements, the alarm values for public or licensed stationary installations cannot be complied with, the enforcement authorities shall require the owners of existing buildings exposed to noise to soundproof the windows of rooms sensitive to noise in accordance with Annex 1.2 With the approval of the enforcement authorities, building owners may take other soundproofing measures in the building provided these reduce the noise within the rooms to the same extent.3 Soundproofing measures need not be taken if:a. no perceptible reduction of noise in the building is to be expected;b. they conflict with the overriding interest of preserving local character or monuments;c. the building is due to be demolished within three years of the soundproofing measures being ordered, or the rooms will be converted to purposes not sensitive to noise within this period.Art. 16 Costs  1 The person responsible for the installation bears the costs of its improvement.2 The person responsible for a public or licensed installation also bears the costs of soundproofing measures for existing buildings under Article 11, unless an exemption has been granted under Article 20 paragraph 2 of the Act.3 Where improvements or soundproofing measures are required as a result of noise from several installations, the costs are divided among the installations in proportion to their contribution to the noise exposure level.4 The building owner bears the costs of maintenance and renewal of the soundproofing measures.Art. 17 Time limits  1 The enforcement authorities set the time limits for implementing improvements and soundproofing measures according to their urgency. 2 In assessing urgency, the following factors are decisive:a. the extent to which the impact thresholds are exceeded;b. the number of persons affected by the noise;c. the cost-benefit relationship.3 The improvements and soundproofing measures must be completed within 15 years of this Ordinance coming into force.4 The time limit (para. 3) for improvements and soundproofing measures on roads are extended:for national roads until 31 March 2015;for trunk roads according to Article 12 of the Federal Act of 22 March 19859 on the Application of the Earmarked Mineral Oil Tax (MinOA), and for other roads until 31 March 201810.5 The time limits specified in the Federal Act of 24 March 200011 on Railways Noise Abatement apply to the completion of improvements and soundproofing measures on railway installations.126 The improvements and soundproofing measures must be completed: at military aerodromes by 31 July 2020; at civil aerodromes that are used by heavy aircraft by 31 May 2016;at civil shooting ranges that require compulsory improvements as a result of the Amendment of 23 August 200613 of Annex 7: by 1 November 2016;at military firing ranges and training grounds: by 31 July 2025.149 SR 725.116.210 Inserted by No I of the O of 1 Sept. 2004, in force since 1 Oct. 2004 (AS 2004 4167).11 SR 742.14412 Inserted by No I of the O of 1 Sept. 2004, in force since 1 Oct. 2004 (AS 2004 4167).13 AS 2006 369314 Inserted by No I of the O of 23 Aug. 2006 (AS 2006 3693). Amended by No I of the O of 30 June 2010, in force since 1 Aug. 2010 (AS 2010 3223).Art. 18 Inspection  Within one year of completion, the enforcement authorities shall inspect the improvements and soundproofing measures to check compliance with the measures ordered. In case of doubt, they carry out tests to assess the effectiveness of the measures.Art. 1915 15 Repealed by No I of the O of 1 Sept. 2004, with effect from 1 Oct. 2004 (AS 2004 4167).Art. 2016 Periodical surveys  1 The Federal Office for the Environment shall enquire regularly of the enforcement authorities as to the status of the improvements and the noise protection measures, in particular concerning roads, railway installations, aerodromes, shooting ranges and military shooting ranges and training areas.2 For roads, the enforcement authorities must provide the following documents in particular by 31 March each year:a summary of:1. the roads or sections of road requiring improvements,2. the time frame within which these roads and sections of road will be improved,3. the total costs of these improvements and noise protection measures, and 4. the number of persons exposed to noise levels above the impact thresholds and alarm values;b. a report on:1. the improvements made to roads and sections of road, and the soundproofing measures implemented in the previous year, and2. the effectiveness and the costs of these improvements and noise protection measures.3 For national roads, it shall obtain the information under Paragraph 2 from the Federal Roads Office. For trunk roads and other roads it shall obtain this information from the cantons. The information must be submitted in accordance with the requirements of the Federal Office for the Environment.4 The Federal Office for the Environment shall assess the information in particular in relation to the progress made with improvements and the costs and effectiveness of the measures. It shall inform the enforcement authorities of the results and publishes them.16 Amended by No I 14 of the O of 7 Nov. 2007 on the New System of Fiscal Equalisation and Division of Tasks between the Confederation and the Cantons, in force since 1 Jan. 2008 (AS 2007 5823).Section 217 Federal Subsidies for Improvements and Soundproofing Measures on Existing Trunk Roads and Other Roads 17 Amended by No I 14 of the O of 7 Nov. 2007 on the New System of Fiscal Equalisation and Division of Tasks between the Confederation and the Cantons, in force since 1 Jan. 2008 (AS 2007 5823).Art. 21 Eligibility for subsidies  1 The Confederation shall grant subsidies for improvements and soundproofing measures on existing infrastructure for:18trunk roads according to Article 12 MinOA19;other roads.2 The subsidies granted under paragraph 1 letter a form part of the global payments according to Article 13 MinOA. The payments under paragraph 1 letter b are granted globally for the road sections defined with the cantons in programme agreements.3 ...2018 Amended by No I of the O of 21 Feb. 2018, in force since 1 April 2018 (AS 2018 965).19 SR 725.116.220 Inserted by No I of the O of 21 Feb. 2018 (AS 2018 965). Repealed by No I of the O of 12 May 2021, with effect from 1 July 2021 (AS 2021 293).Art. 22 Application  1 The canton submits the application for subsidies for improvements and soundproofing measures for roads according to Article 21 paragraph 1 letter b to the Federal Office for the Environment. 2 The application must in particular contain information on:the roads or road sections to be improved during the period covered by the programme agreement;the improvements and soundproofing measures planned and their cost;the efficiency of the measures.Art. 23 Programme agreement   1 The Federal Office for the Environment concludes the programme agreement with the cantonal authorities responsible.2 The programme agreement covers in particular:a. the roads or road sections to be improved;b. the amount paid by the Confederation;c. the control procedures.3 The programme agreement applies for four years; in justified cases a longer or shorter period may be agreed.214 The Federal Office for the Environment issues directives on the procedure followed for programme agreements and on the information and documentation relating to the subjects of the programme agreement.21 Amended by No I of the O of 21 Feb. 2018, in force since 1 April 2018 (AS 2018 965).Art. 24 Determination of the subsidy   1 The amount of the subsidy for improvements is determined by:a. the number of people who are protected by these measures; and b. the reduction in noise pollution.2 For soundproofing measures on existing buildings, CHF 400 is allocated per soundproof window or other equally effective structural noise protection measure.3 The amount of the subsidy is negotiated between the Confederation and the canton.Art. 24a and 24b RepealedArt. 25 Payment   Global subsidies are paid out in instalments.Art. 26 Reports and controls  1 The canton shall report annually to the competent Federal Office on the use of the subsidies.2 The Federal Office for the Environment shall verify by random sample:implementation of individual measures in accordance with the programme goals;use of the payments made.Art. 27 Inadequate fulfilment and misuse of subsidies  1 The Federal Office for the Environment shall withhold all or part of the instalment payments during the programme if the canton:fails to fulfil its reporting duty (Art. 26 para. 1);fails to meet its obligations to a substantial extent through its own fault.2 If on conclusion of the programme it emerges that the canton has failed to meet its obligations, the competent Federal Office shall require the canton to rectify the situation; it shall set the Canton an appropriate deadline for doing so.3 If installations for which subsidies have been made are used for a purpose other than that intended, the Federal Office for the Environment may require the canton to cease or make good the misuse within a reasonable period.4 If the defects are not rectified or the misuse does not stop or is not remedied, the subsidies may be reclaimed in accordance with Articles 28 and 29 of the Subsidies Act of 5 October 199022.22 SR 616.1Art. 28 RepealedChapter 5 Requirements for Building Zones and Planning Permission in Areas exposed to Noise Art. 29 Designation of new building zones and new zones with higher noise abatement requirements  1 New building zones for buildings with rooms sensitive to noise and new no-build zones with higher noise abatement requirements shall be designated only in areas in which noise exposure does not exceed the planning values or in which these values can be complied with by planning, design or structural measures.2…23 23 Repealed by No I of the O of 16 June 1997, with effect from 1 Aug. 1997  (AS 1997 1588).Art. 3024 Development of building zones  Building zones for buildings with rooms sensitive to noise that have not yet been developed when the Act comes into force may only be developed to the extent that the planning values are complied with or can be complied with by a change in the type of use, or by planning, design or structural measures. The enforcement authorities may grant exceptions for small sections of building zones.24 Amended by No I of the O of 30 June 2010, in force since 1 Aug. 2010 (AS 2010 3223).Art. 31 Planning permission in areas subject to noise  1 If the impact thresholds are exceeded, new buildings and significant modifications to buildings with rooms sensitive to noise may only be authorised if the values can be complied with:by locating the rooms sensitive to noise on the side of the building away from the source of the noise; orby structural or design measures which shield the building against noise.252 If the impact thresholds cannot be complied with by measures under paragraph 1, planning permission may be granted only if there is an overriding interest in constructing the building and the cantonal authorities agree.3 The landowners bear the costs of the measures.25 Amended by No I of the O of 16 June 1997, in force since 1 Aug. 1997 (AS 1997 1588). Art. 31a26 Special provisions for airports used by large aircraft  1 In the case of airports that are used by large aircraft, the planning values and impact thresholds under Annex 5 number 222 are complied with at night if:a. no flight operations are planned between 24 and 06 hours; b. rooms sensitive to noise are protected against exterior and interior noise as a minimum in accordance with the increased requirements for soundproofing under SIA Standard 181 of 1 June 200627 of the Swiss Society of Engineers and Architects; andc. the bedrooms:1. have a window that closes automatically between 22 and 24 hours and can be opened automatically at other times, and2. are designed to guarantee an appropriate indoor climate.2 When designating or developing building zones, the competent authority shall ensure that the requirements set out in paragraph 1 letters b and c are made binding on property owners.3 The Federal Office for the Environment may issue recommendations on the enforcement of paragraph 1 letter c. In doing so, it shall take account of the relevant technical standards.26 Inserted by No I of the O of 28 Nov. 2014, in force since 2 Feb. 2015 (AS 2014 4501).27 The said standard may be inspected free of charge at the Swiss Society of Engineers and Architects (SIA), Selnaustrasse 16, 8027 Zurich, or obtained for a free from www.sia.ch.Chapter 6 Soundproofing of New Buildings  Art. 32 Requirements  1 The project owner of a new building shall ensure that the soundproofing of the external building elements and partitions of rooms sensitive to noise, and of the stairs and building facilities complies with recognised codes of building practice. These are in particular, for noise from civil aerodromes that are used by heavy aircraft, the stricter requirements, and for noise from other stationary installations, the minimum requirements, of SIA Standard No 181 of the Swiss Society of Engineers and Architects.282 If the impact thresholds are exceeded but the requirements of Article 31 paragraph 2 for granting planning permission are fulfilled, the enforcement authorities shall impose stricter requirements for the soundproofing of the external building elements appropriately.3 The requirements also apply to the external building elements, partitions, stairways and building facilities that are converted, replaced or newly installed. On request, the enforcement authorities grant relief if compliance with the requirements would involve unreasonable cost.28 Sentence amended by No I of the O of 12 April 2000, in force since 1 May 2000  (AS 2000 1388).Art. 33 External building elements, partitions and building facilities  1 External building elements form the external boundary of a room (e.g. windows, external doors, external walls, roofs).2 Partitions (e.g. internal walls, ceilings, doors) serve to separate individual units, such as dwellings, within the building.3 Building facilities are fixed installations such as heating, ventilation, supply and disposal systems, lifts and washing machines.Art. 34 Application for planning permission  1 The project owner must specify in the application:a. the exterior noise pollution in the event that the impact thresholds are exceeded;b. the use to which the rooms are put;c. the external building elements and partitions of rooms sensitive to noise.2 For building projects in areas in which the impact thresholds are exceeded, the enforcement authorities may demand details of the soundproofing of the external building elements.Art. 35 Inspections  After building works are completed, the enforcement authorities shall make random checks to verify whether the soundproofing measures comply with the requirements. In the event of any doubt, they must carry out a more detailed inspection.Chapter 7 Investigation, Assessment and Control of Exposure to Exterior Noise due to Stationary Installations29 29 Amended by No I of the O of 1 Sept. 2004, in force since 1 Oct. 2004 (AS 2004 4167). Section 1 Investigation  Art. 3630 Obligation to investigate  1 The enforcement authorities shall investigate the exposure to exterior noise due to stationary installations, or order its investigation if they have grounds to believe that the relevant exposure limit values are being exceeded or that this is to be expected.2 They shall take account of increases and reductions in noise exposure levels that are to be expected due to:the construction, alteration or improvement of stationary installations, in particular if the projects in question have already been approved or made available for public inspection at the time of the investigation; andthe construction, alteration or demolition of other structures if the projects have been made available for public inspection at the time of the investigation.3 …3130 Amended by No I of the O of 1 Sept. 2004, in force since 1 Oct. 2004 (AS 2004 4167).31 Repealed by Art. 15 of the O of 4 Dec. 2015 on Railway Noise Abatement Measures, with effect from 1 Jan. 2016 (AS 2015 5691).Art. 3732 Noise pollution register  1 In the case of roads, railway installations, aerodromes and military firing ranges and training grounds, the enforcement authorities shall record in specific registers (noise pollution registers) the noise exposure levels measured in accordance with Article 36.33 2 The noise pollution registers specify:the noise pollution measured;the calculation procedure used;the input data for the calculation;the classification of the areas exposed to noise in the land use plan;the sensitivity levels applicable;the installations and their owners;the number of persons who are affected by noise exposure levels above the applicable exposure limit values.3 The enforcement authorities are responsible for the supervision and revision of the registers.4 On request, they submit the noise pollution registers to the Federal Office for the Environment. The Office may issue recommendations on the standardised recording and presentation of the data.5 The Federal Office for Civil Aviation is responsible for measurement of noise exposure levels produced by Basel Mulhouse Airport on Swiss territory.6 Any person may have access to the noise pollution register provided that confidentiality with respect to manufacturing and business secrets is ensured, and no conflict with other interests that override exists.32 Amended by No I of the O of 1 Sept. 2004, in force since 1 Oct. 2004 (AS 2004 4167).33 Amended by No I of the O of 30 June 2010, in force since 1 Aug. 2010 (AS 2010 3223).Art. 37a34 Determination and control of noise exposure levels   1 The enforcement authorities state the permitted noise exposure level in their decision on the construction, alteration or improvement of an installation.2 If it is established or anticipated that the noise exposure levels due to an installation will deviate significantly and permanently from those quoted in the decision, the enforcement authorities shall take the necessary measures.3 The Federal Office for the Environment may issue recommendations on the standardised recording and presentation of the noise exposure levels in these decisions.34 Inserted by No I of the O of 12 April 2000 (AS 2000 1388). Amended by No I of the O of 1 Sept. 2004, in force since 1 Oct. 2004 (AS 2004 4167).Art. 38 Method of determination  1 Noise exposure levels are determined in the form of a rating sound level, Lr, or a maximum sound level, Lmax, on the basis of calculations or measurements.352 Noise exposure levels due to aircraft shall principally be determined by calculation. The calculations are carried out using recognised state-of-the-art methods. The Federal Office for the Environment shall recommend suitable calculation procedures.363 The requirements for calculation procedures and measuring instruments are given in Annex 2.3735 Amended by No I of the O of 1 Sept. 2004, in force since 1 Oct. 2004  (AS 2004 4167 4313).36 Inserted by No I of the O of 12 April 2000, in force since 1 May 2000 (AS 2000 1388).37 Originally para. 2.Art. 39 Point of determination  1 For buildings, noise exposure levels shall be determined at the centre of open windows in rooms sensitive to noise. Noise exposure levels due to aircraft may also be determined in the vicinity of the building.382 In the non-developed sector of zones with higher noise abatement requirements, noise exposure levels shall be measured 1.5 m above the ground.3 In building zones that have not yet been developed, noise exposure levels shall be measured at points where the building and planning legislation allows the building of rooms sensitive to noise.38 The correction of 7 May 2019 concerns the French text only (AS 2019 1337).Section 2 Rating  Art. 40 Exposure limit values  1 The enforcement authorities shall rate the exposure to exterior noise due to stationary installations on the basis of the exposure limit values specified in Annexes 3 ff.2 The exposure limit value, it is also considered exceeded if it is less than the sum of the levels of exposure to similar types of noise generated by several installations. This does not apply to the planning values for new stationary installations (Art. 7 para. 1).3 In the absence of exposure limit values, the enforcement authorities shall rate the noise exposure levels in accordance with Article 15 of the Act. They shall also take account of Articles 19 and 23 of the Act.Art. 41 Validity of the exposure limit values  1 The exposure limit values apply to buildings with rooms sensitive to noise.2 They also apply:in yet undeveloped building zones in areas where the construction of buildings with rooms sensitive to noise is allowed under the building and planning legislation;in the non-developed areas of zones with higher noise abatement requirements.3 For areas and buildings in which, as a rule, people are present either only during the day or only at night, no exposure limit values apply at night or during the day.Art. 42 Special exposure limit values for rooms in industrial buildings  1 For rooms in industrial buildings (Art. 2 para. 6 let. b) lying in areas of sensitivity levels I, II or III, the planning and impact thresholds shall be increased by 5 dB(A).2 Paragraph 1 does not apply to rooms in schools, institutions and homes. It applies to hotels and guesthouses only if these can be adequately ventilated when the windows are closed.Art. 43 Sensitivity levels  1 In land use zones according to Articles 14 ff. of the Spatial Planning Act of 22 June 197939, the following sensitivity levels apply:sensitivity level I in zones with higher noise abatement requirements, notably in leisure zones;sensitivity level II in zones in which operations that emit noise are not permitted, notably in residential zones and zones for public buildings and installations;sensitivity level III in zones in which operations emitting a certain level of noise are permitted, notably in residential and industrial zones (mixed zones) and agricultural zones;sensitivity level IV in zones in which operations emitting a high level of noise are permitted, notably in industrial zones.2 Parts of land use zones rated as sensitivity levels I or II may be assigned the next higher level if they are already exposed to noise.39 SR 700 Art. 44 Procedures  1 The cantons shall ensure that sensitivity levels are assigned to the land use zones in the building regulations or land use plans of the communes.2 The sensitivity levels are assigned at the time of designation or modification of the land use zones, or at the time of modification of the building regulations.403 Prior to assignment, the cantons shall determine the sensitivity levels on a case by case basis in accordance with Article 43.4 …4140 Amended by No IV 31 of the O of 22 Aug. 2007 on the Formal Revision of Federal Legislation, in force since 1 Jan. 2008 (AS 2007 4477).41 Repealed by No 1 of the O of 27 June 1995, with effect from 1 Aug. 1995  (AS 1995 3694).Chapter 8 Final Provisions  Section 1 Enforcement  Art. 4542 Responsibilities of the Confederation and the cantons43  1 The cantons shall enforce this Ordinance unless it delegates enforcement to the Confederation.2 If the federal authorities apply other federal laws or international treaties or decisions that relate to the subject matter of this Ordinance, they shall also enforce this Ordinance. The cooperation of the Federal Office for the Environment and the cantons is governed by Article 41 paragraphs 2 and 4 of the Act; statutory duties of secrecy are reserved.3 The following authorities are responsible for enforcing the provisions governing emission limitation measures (Art. 4, 7–9 and 12), improvements (Art. 13, 14, 16–18 and 20) and the determination and control of noise exposure levels (Art. 36, 37, 37a and 40):for railway installations:DETEC, where the provisions relate to major railway projects under the Annex to the Railways Act of 20 December 195744 and are implemented by means of a planning approval procedure,in other cases, the Federal Office of Transport;for civil aerodromes:DETEC, where the provisions relate to buildings and installations under Article 37 of the Air Navigation Act of 21 December 194845 that are used for operation of an aerodrome and are implemented by means of a planning approval procedure,in other cases, the Federal Office of Civil Aviation;for national roads:DETEC, where the provisions are implemented by means of a planning approval procedure,in other cases the Federal Roads Office;for national defence installations: the Federal Department of Defence, Civil Protection and Sport;for electrical installations:the Swiss Federal Office of Energy in cases where the Federal Inspectorate for Heavy Current Installations (ESTI) has been unable to deal with objections from or resolve disputes with the Federal authorities concerned, in accordance with Article 16 paragraph 2 letter b of the Electricity Act of 24 June 190246,in other cases the ESTI;for cable railway installations according to Article 2 of the Cable Railways Act of 23 June 200647: the Federal Office of Transport48.4 In cases where the responsibility for ordering emission limitation measures and improvements lies with the federal authorities, but that for noise protection lies with the cantonal authorities, the two authorities shall coordinate the necessary measures.5 For national roads, DETEC is also responsible for enforcing the provisions governing soundproofing measures (Art. 10 and 15). It coordinates the enforcement of these provisions with the soundproofing measures that are arranged by the cantons.4942 Amended by No II 14 of the O of 2 Feb. 2000 to the Federal Act on the Coordination and Simplification of Decision-making Procedures, in force since 1 March 2000 (AS 2000 703).43 Inserted by Annex 2 No 9 of the O of 21 May 2008 on Geoinformation, in force since 1 July 2008 (AS 2008 2809).44 SR 742.10145 SR 748.046 SR 734.047 SR 743.0148 Amended by No I of the O of 30 June 2010, in force since 1 Aug. 2010 (AS 2010 3223).49 Inserted by No I of the O of 30 June 2010, in force since 1 Aug. 2010 (AS 2010 3223).Art. 45a50 National noise pollution survey   The Federal Office for the Environment shall conduct a national survey of noise pollution. It shall publish a geo-referenced presentation of the noise pollution in particular for road, railway and aircraft noise and for noise from military firing ranges and training grounds. It shall updates this presentation at least every five years. 50 Inserted by No I of the O of 30 June 2010, in force since 1 Aug. 2010 (AS 2010 3223).Art. 4651 Geoinformation  The Federal Office for the Environment shall provide specifications for the minimal geodata models and presentation models for official geodata under this Ordinance, for which it is designated as the federal specialist authority in Annex 1 to the Geoinformation Ordinance of 21 May 200852.51 Amended by Annex 2 No 9 of the O of 21 May 2008 on Geoinformation, in force since 1 July 2008 (AS 2008 2809).52 SR 510.620Section 2 Transitional Provisions  Art. 4753 Stationary installations and buildings  1 Stationary installations are deemed to be new stationary installations if the decision authorising the start of building work has not yet taken full legal effect when this Ordinance comes into force.2 For stationary installations that are to be modified, Articles 8-12 apply only if the decision authorising the modification has not yet taken full legal effect when this Ordinance comes into force.3 Buildings are deemed to be new buildings if planning permission has not yet taken full legal effect when this Ordinance comes into force. 4 For buildings that must be modified, Articles 31 and 32 paragraph 3 apply only if planning permission has not yet taken full legal effect when this Ordinance comes into force.53 Amended by No I of the O of 23 Aug. 2006, in force since 1 Nov. 2006 (AS 2006 3693).Art. 4854 54 Repealed by No I of the O of 30 June 2010, with effect from 1 Aug. 2010  (AS 2010 3223).Art. 48a55 55 Inserted by No I of the O of 1 Sept. 2004 (AS 2004 4167). Repealed by No I of the O of 21 Feb. 2018, with effect from 1 April 2018 (AS 2018 965).Art. 4956 56 Repealed by No IV 31 of the O of 22 August 2007 on the Formal Revision of Federal Legislation, with effect from 1 Jan. 2008 (AS 2007 4477).Section 3 Commencement  Art. 50 This Ordinance comes into force on 1 April 1987.Annex 157 57 Amended by No II of the O of 23 Aug. 2006, in force since 1 Nov. 2006  (AS 2006 3693)(Art. 10 para. 1 and 15 para. 1)Requirements for Soundproofing of Windows 1 The weighted sound reduction index for the building, including the spectrum-adjustment factor, R’w + (C or Ctr), measured on site of the windows and related elements such as roller-shutter boxes and quiet ventilators must be at least equal to the following minimum values, depending on the relevant rating sound level Lr:Lr in dB(A)R’w + (C or Ctr) in dBDayNightup to 75up to 7032over 75over 70382 R’w is equal to at least 35 dB and at most 41 dB.3 For particularly large windows, the enforcement authorities shall impose appropriate requirements that are stricter than paragraphs 1 and 2.4 The weighted sound reduction index for buildings, R’w, and the spectrum-adjustment factor, C or Ctr, are determined according to the recognised rules, in particular the ISO 140 and ISO 717 standards of the International Standards Organisation.5 The spectrum-adjustment factor Ctr applies to predominantly low frequency noise, in particular from roads with a maximum speed of up to 80 km/h and from airfields. The spectrum-adjustment factor C applies to predominantly high frequency noise, in particular from roads with a maximum speed above 80 km/h and from railways.6 The enforcement authorities may order the installation of quiet ventilators in bedrooms.Annex 258 58 Amended by No II para. 1 of the O of 23 Aug. 2006 (AS 2006 3693). Revised in accordance with No II para. 1 of the O of 30 June 2010, in force since 1 Aug. 2010 (AS 2010 3223).(Art. 38 para. 3)Requirements for the Calculation Procedures and Measuring Instruments 1 Calculation Procedures  1 The procedures used to calculate noise exposure levels must take account of:the emissions from the noise source of the installation;the distance between the exposure point and the noise source of the installation or the flight paths (attenuation due to propagation and dissipation);the influence of the ground on the propagation of the noise (ground effects);the influence of buildings and natural obstacles on the propagation of the noise (attenuation due to obstacles and reflection).2 The Federal Office for the Environment (FOEN) recommends suitable state-of-the-art calculation procedures to the enforcement authorities.2 Measuring Instruments  The requirements of the Measuring Instruments Ordinance of 15 February 200659 and the corresponding implementing provisions of the Federal Justice and Police Department apply to the instruments used to measure noise exposure levels.59 SR 941.210Annex 3 (Art. 40 para. 1)Exposure Limit Values for Road Traffic Noise 1 Scope  The exposure limit values specified in Number 2 apply to road traffic noise. This includes noise on roads from motor vehicles (motor vehicle noise) and railways (railway noise).2 Exposure limit values  Sensitivity level (Art. 43)Planning valueLr in dB(A)Impact thresholdLr in dB(A)Alarm valueLr in dB(A)DayNightDayNightDayNightI504055456560II554560507065III605065557065IV6555706075703 Determination of the Rating Sound Level  31 Principles  1 The rating sound level Lr for road traffic noise is determined from the partial rating sound levels for motor vehicle noise (Lr1) and railway noise (Lr2) as follows:Lr = 10 x log (100,1 x Lr1 + 100,1 x Lr2 )2 The partial rating sound level Lr1 is the sum of the equivalent continuous A‑weighted sound level Leq,m resulting from motor vehicles, and the level correction K1:Lr1 = Leq,m + K13 The partial rating sound level Lr2 is the sum of the equivalent continuous A‑weighted sound level Leq,b resulting from the railways, and the level correction K2:Lr2 = Leq,b + K24 The partial rating sound levels Lr1 and Lr2 are determined for average day and night traffic flows assuming a dry road surface.32 Average Day and Night Traffic  1 The average day and night traffic is defined as the annual average of the hourly traffic between 06 and 22 hours and between 22 and 06 hours.2 The hourly motor vehicle traffic during the day (Nt) and at night (Nn) are each divided into two partial traffic flows, Nt1 and Nt2, and Nn1 and Nn2, respectively.3 The partial traffic flows Nt1 and Nn1 for motor vehicle traffic include private cars, delivery vehicles, minibuses, motorcycles and trolley buses.4 The partial traffic flows Nt2 and Nn2 for motor vehicle traffic comprise lorries, articulated lorries, coaches, motorcycles and tractors.5 Railway traffic comprises all scheduled and non-scheduled trains, including service journeys.33 Determination of Average Day and Night Motor Vehicle Traffic  1 The average day and night traffic (Nt, Nn) and the partial traffic flows (Nt1, Nt2, Nn1, Nn2) are determined:from traffic surveys for existing roads;from forecasts of traffic volume for roads which are to be built or modified.2 Where insufficient data is available from traffic surveys, or no detailed forecasts exist, the traffic flows Nt, Nn, Nt1, Nt2, Nn1 and Nn2 are calculated from the average daily traffic (ADT; vehicles per 24 h) as follows:Nt     =    0.058  ADT Nn     =    0.009  ADTNt1   =    0.90  Nt Nn1   =    0.95  NnNt2   =    0.10  Nt Nn2   =    0.05  Nn3 The ADT is determined according to the recognised principles of traffic planning and traffic technology.34 Determination of the Average Day and Night Traffic for Railways  The average day and night traffic for railways is determined:from the timetable and traffic data for existing railway installations;from traffic volume forecasts for railway installations which are to be built or modified.35 Level Corrections  1 The level correction K1 for motor vehicle noise is calculated as follows from the average day and night traffic:K1   =   –5 for N < 31.6K1   =   10  log(N/100) for 31.6 ≤ N ≤ 100K1   =     0 for N > 100Here, N stands for the hourly motor vehicle traffic Nt or Nn. 2 The K2 level correction for railway noise is equal to -5. For screeching railway noise that occurs frequently and is clearly audible, the K2 level correction is equal to 0.Annex 4 (Art. 40 para. 1)Exposure Limit Values for Railway Noise 1 Scope  1 The exposure limit values specified in Number 2 apply to the noise from standard and narrow gauge railways.2 Noise on roads arising from railways is considered equivalent to road traffic noise (Annex 3 Number 1).3 The noise from cable railways and railway workshops, energy installations and similar railway works, is considered equivalent to noise from industrial and commercial installations (Annex 6 Number 1).2 Exposure Limit Values   Sensitivity level (Art. 43)Planning valueLr in dB(A)Impact thresholdLr in dB(A)Alarm valueLr in dB(A)DayNightDayNightDayNightI504055456560II554560507065III605065557065IV6555706075703 Determination of the Rating Sound Level  31 Principles  1 The rating sound level Lr for railway noise is determined from the partial rating sound levels for vehicle noise (Lr1) and shunting noise (Lr2) as follows:Lr = 10 x log (100,1 x Lr1 + 100,1 x Lr2)2 The partial rating sound level Lr1 is the sum of the equivalent continuous A‑weighted sound level Leq,f resulting from vehicle operation, and the level correction K1:Lr1 = Leq,f + K13 The partial rating sound level Lr2 is the sum of the equivalent continuous A‑weighted sound level Leq,r resulting from shunting, and the level correction K2:Lr2 = Leq,r + K24 The partial rating sound levels Lr1 and Lr2 are determined for average day and night traffic flows.32 Average Day and Night Operations  1 Average day and night operations are hauling and shunting operations from 06 to 22 hours and from 22 to 06 hours respectively, averaged over the year.2 Vehicle operations comprise all scheduled and non-scheduled trains, including service journeys.3 Shunting comprises all shunting movements and operations intended for the purpose of connecting and disconnecting trains.4 Vehicle operations and shunting are determined:a. from the timetable and operating data for existing railway installations;b. from operational forecasts for railway installations which are to be built or modified.33 Level Corrections  1 The level correction K1 for transport noise is calculated as follows:K1   =   –15 for N < 7.9K1   =   10  log (N/250) for 7.9 ≤ N ≤ 79K1   =   −5 for N > 79Here, N stands for the number of train journeys per day or night.2 The level correction K2 for shunting noise is based on the frequency and audibility of all pulsating, tonal and screeching types of noise, and is equal to:Audibility of all types of noiseFrequency of all types of noiseSeldomOccasionalFrequentWeak024Clear246Strong468Annex 560 60 Amended by No I of the O of 30 May 2001 (AS 2001 1610). Revised in accordance with No II para. 1 of the O of 30 June 2010, in force since 1 Aug. 2010 (AS 2010 3223).(Art. 40 para. 1)Exposure Limit Values for Noise from Civil Aerodromes 1 Scope and Definitions  1 The exposure limit values specified in Number 2 apply to the noise from civil air transport at civil aerodromes.2 Civil aerodromes means the national airports in Basel, Geneva and Zurich, the other licensed aerodromes and the airfields.3 Light aircraft means an aircraft having a maximum permissible take-off weight of 8618 kg or less.4 Heavy aircraft means an aircraft having a maximum permissible take-off weight of over 8618 kg.5 The noise from repair workshops, maintenance works and similar operations at civil aerodromes is considered equivalent to the noise from industrial and commercial installations (Annex 6 Sec. 1).2 Exposure Limit Values  21 Exposure Limit Values for Light Aircraft Traffic Noise, expressed as Lrk  Sensitivity level (Art. 43)Planning valueImpact thresholdAlarm valueLrk in dB(A)Lrk in dB(A)Lrk in dB(A)I505565II556070III606570IV65707522 Exposure Limit Values for Total Traffic Noise from Light and Heavy Aircraft, expressed as Lr  For the total traffic noise from civil aerodromes used by heavy aircraft, the following exposure limit values apply in addition to the exposure limits expressed as Lrk:221 Daytime Exposure Limit Values (06-22 hours), expressed as Lrt   Sensitivity level(Art. 43)Planning valueImpact thresholdAlarm valueLrt in dB(A)Lrt in dB(A)Lrt in dB(A)I5355 60II57 60 65III606570IV657075222 Night Time Exposure Limit Values for the first (22-23 hours), the second (23-24 hours) and the last night hour (05-06 hours), expressed as Lrn   Sensitivity level(Art. 43)Planning valueImpact thresholdAlarm valueLrn in dB(A)Lrn in dB(A)Lrn in dB(A)I4345 55 II47/50150/55160/651III50 55 65IV55 60 701 The higher value applies for the first night hour (22-23 hours)23 Exposure Limit Values expressed as max  For civil aerodromes used exclusively by helicopters (heliports), the following exposure limit values, expressed as max, apply in addition to the exposure limits expressed as Lrk:Sensitivity level (Art. 43)Planning valueImpact thresholdAlarm valuein dB(A)in dB(A)in dB(A)I707585II758090III808590IV8590953 Determination of the Rating Sound Level Lrk for Light Aircraft Noise  31 Principles  1 The rating sound level Lrk for light aircraft noise is the sum of the equivalent continuous A-weighted sound level Leqk and the level correction K:Lrk = Leqk + K2 The equivalent continuous sound level Leqk is determined for the average number of hourly aircraft movements (number of movements n) for a day with average peak operations.3 Aircraft movements are all landings and takeoffs of light aircraft. Go-arounds count as two flight movements.32 Number of Aircraft Movements n for existing Civil Aerodromes  For existing civil aerodromes, the number of aircraft movements n is determined as follows:the six months with the greatest amount of traffic during the operating year are identified;for these six months, the average daily number of flight movements is determined separately for each of the seven days of the week. The average daily values for the two days of the week with the most traffic are designated as N1 and N2;n is determined by averaging N1 and N2 over the twelve daytime hours as follows:n = (N1 + N2)/2433 Number of Aircraft Movements n for new Civil Aerodromes  1 For civil aerodromes which are to be built or modified, the number of flight movements n is determined from forecasts of traffic volume.2 If no detailed forecasts can be made, n is calculated from the forecasted annual number of aircraft movements N as follows:n = (N x 2,4)/(365 x 12)34 Level Corrections  The level correction K is calculated from the annual number of aircraft movements N as follows:K = 0 for N < 15 000K = 10 x log (N/15 000) for N ≥ 15 0004 Determination of the Rating Sound Level Lr for Traffic at Civil Aerodromes used by Heavy Aircraft  41 Principles  1 At civil aerodromes used by heavy aircraft, the rating sound level Lr of total traffic is determined based on the relevant aircraft traffic, whereby separate calculations are made for daytime (06-22 hours), and for the first (22-23 hours), second (23-24 hours) and last (05-06 hours) night hours.2 At civil aerodromes used by heavy aircraft, the daytime rating sound level for total traffic Lrt is calculated from the rating sound levels for light aircraft Lrk and heavy aircraft Lrg as follows:Lrt = 10 x log (10 0,1 x Lrk + 10 0,1 x Lrg)3 For heavy aircraft noise, the daytime rating sound level is the sum of the equivalent continuous A-weighted sound level Leqg arising from aircraft operations between 06 and 22 hours, averaged over one year:Lrg = Leqg 4 For heavy aircraft noise, the rating sound level Lrn for the first, the second and the last night hour is the equivalent continuous A-weighted sound level Leqn, each averaged over one hour, arising from aircraft operations during the periods 22-23, 23-24 hours and 05-06 hours, averaged over one year:Lrn = Leqn42 Relevant Aircraft Traffic  1 The equivalent continuous sound levels Leqg and Leqn are determined from the operational data.2 For civil aerodromes that are to be built or modified, the relevant aircraft traffic is determined from forecasts of traffic volume.3 Flights taking place after the second night hour (23-24 hours) and before the last night hour (05-06) are assigned to the second night hour (23-24 hours).5 Determination of the Average Maximum Noise Level max for Heliports  1 The average maximum noise level max for heliports is the energetic average of the maximum noise level of a representative number of passing flights or overflights.2 Measurements of max are carried out with the instruments set on SLOW.Annex 6 (Art. 40 para. 1)Exposure Limit Values for Industrial and Commercial Noise 1 Scope  1 The exposure limit values specified in Number 2 apply to noise:from industrial, commercial and agricultural installations;from goods handling in industrial, commercial and agricultural installations and at railway stations, aerodromes, etc.;from traffic within the perimeter of industrial and commercial installations and farmyards;from multi-storey car parks and from larger off-road car parks;from heating, ventilation and air-conditioning installations.2 Energy, waste processing and transport installations, aerial cableways and cable railways, ski lifts and racing tracks that are used regularly for sustained periods of time are considered equivalent to industrial and commercial installations.2 Exposure Limit Values  Sensitivity level (Art. 43)Planning valueLr in dB(A) Impact thresholdLr in dB(A)Alarm valueLr in dB(A)DayNightDayNightDayNightI504055456560II554560507065III605065557065IV6555706075703 Determination of the Rating Sound Level  31 Principles  1 The rating sound level Lr for industrial, commercial and similar types of noise is determined from the partial rating sound levels Lr,i for each noise phase as follows, whereby separate calculations are made for daytime (07 to 19 hours) and night-time (19 to 07 hours):2 The partial rating sound level Lr,i is determined for the average daily duration of the noise phase i as follows:Lr,i = Leq,i + K1,i + K2,i + K3,i + 10 x log (ti/to)where:Leq,i is the equivalent continuous A-weighted sound level during the noise phase i;K1,i is the level correction for the noise phase i;K2,i is the level correction for the noise phase i;K3,i is the level correction for the noise phase i;ti is the average daily duration of the noise phase i in minutes;to = 720 minutes.3 Noise phases are time periods in which the exposure point is subject to uniform noise with respect to sound level, frequency and pulse content.32 Average Daily Duration of Noise Phases  1 The average daily duration (ti) of the noise phase i is calculated from its annual duration (Ti) and the annual number of working days (B) as follows:ti = Ti/B2 For new or modified installations, the average daily duration of the noise phase i is determined from operational forecasts.33 Level Corrections  1 Value of the level correction K1:a. for noise according to Number 1 paragraph 1 letters a and b5b. for noise according to Number 1 paragraph 1 letter c0c. for noise according to with Number 1 paragraph 1 letter d0 by day5 at nightd. for noise according to Number 1 paragraph 1 letter e5 by day10 at night.2 The level correction K2 takes account of the audibility of the tonality content of the noise at the point of exposure and is equal to:a. for non-audible tonality content 0b. for weakly audible tonality content 2c. for clearly audible tonality content 4d. for strongly audible tonality content 6.3 The level correction K3 takes account of the audibility of the pulse content of the noise at the point of exposure and is equal to:a. for non-audible pulse content 0b. for weakly audible pulse content 2c. for clearly audible pulse content 4d. for strongly audible pulse content 6.Annex 761 61 Amended by No I of the O of 23 Aug. 2006 (AS 2006 3693.). Revised in accordance with No II para. 1 of the O of 30 June 2010, in force since 1 Aug. 2010 (AS 2010 3223).(Art. 40 para. 1)Exposure Limit Values for Noise from Civil Firing Range Installations  1 Scope  1 The exposure limit values specified in Number 2 apply to the noise from civil firing range installations at which only hand guns or small arms are used to fire at stationary or moving targets.2 The hand guns or small arms used at the firing range installations are allocated to the following weapons categories:assault rifles and portable firearms of comparable calibre;small arms with centre fire cartridges, in particular ordnance pistols;small arms with rim fire cartridges;portable firearms with rim fire cartridges;sporting guns with ball cartridges;shotguns;other firearms.3 Firing range installations are public if they are used for shooting practice in accordance with Articles 62 and 63 of the Armed Forces Act of 3 February 199562.62 SR 510.102 Exposure Limit Values  Sensitivity level(Art. 43)Planning valueImpact thresholdAlarm valueLr in dB(A)Lr in dB(A)Lr in dB(A)I505565II556075III606575IV657080For noise from public installations according to Number 1 paragraph 363, at which, for weapons in categories a or b, the level correction Ki < –15, no alarm values apply. For such installations, no soundproofing measures under Article 15 are required. The level correction Ki is calculated as specified in Number 321.63 The reference was amended on 1 Aug. 2010 pursuant to Art. 12 para. 2 of the Publications Act of 18 June 2004 (SR 170.512).3 Determination of rating sound level  31 Principles  1 The rating sound level Lr for the noise from firing range installations is the energetic sum of the partial rating sound level Lri for the weapons categories:2 The partial rating sound level Lri is the sum of the average single shot sound level Li of a weapons category and the level correction Ki:Lri = Li + Ki3 The average single shot sound level Li is the energetic average weighted according to the number of shots of the energetically averaged single shot sound level Lj of a type of weapon or type of ammunition:4 The energetically averaged single shot sound level Lj must be determined using the measurements of the A-weighted maximum sound level with the FAST time constants.Where:Mj is the number of shots fired annually using a single type of weapon or a single type of ammunition of a weapons category, averaged over three years;Mi is the number of shots fired annually using weapons of a single category, averaged over three years.32 Level Correction  321 Calculation  1 The level correction Ki is calculated as follows:Ki = 10 x log (Dwi + 3 x Dsi) + 3 x log Mi – 44Where:Dwi is the number of annual firing half-days falling on a weekday, averaged over three years, for each weapons category;Dsi is the number of annual firing half-days falling on a Sunday or a general public holiday, averaged over three years, for each weapons category.2 When determining the number of firing half-days and the number of shots, all exercises that take place regularly over a period of three years must be taken into account.322 Determination of the number of firing half-days  1 Any firing exercise taking place in the morning or in the afternoon and lasting more than two hours counts as a firing half-day. Exercises lasting two hours or less count as half a firing half-day.2 For new or modified firing range installations, the number of firing half-days is determined on the basis of operational forecasts. For existing firing range installations, the number of firing half-days is determined by counting.323 Determination of the number of shots  1 For existing firing range installations, the number of shots Mi per weapons category is determined from the operational logs.2 If the operational logs of existing firing range installations are incomplete or if the firing range installations are new or have been modified, the number of shots M is determined from forecasts of future use.Annex 864 64 Inserted by No II of the O of 27 June 1995 (AS 1995 3694). Revised in accordance with No II para. 2 of the O of 12 April 2000 (AS 2000 1388) and of the O of 23 Aug. 2006, in force since 1 Nov. 2006 (AS 2006 3693).(Art. 40 para. 1)Exposure Limit Values for Noise at Military Aerodromes 1 Scope  1 The exposure limit values specified in Number 2 apply to traffic noise from military aerodromes.2 Civil regional airports and airfields used for military purposes also count as military aerodromes.3 Helicopters are considered equivalent to propeller aircraft.4 Noise from repair workshops, maintenance workshops and similar operations at military aerodromes is considered equivalent to the noise from industrial and commercial installations (Annex 6 Number 1).2 Exposure Limit Values  21 Exposure Limit Values expressed as Lr  Sensitivity level(Art. 43)Planning valueImpact thresholdAlarm valueLr in dB (A)Lr in dB (A)Lr in dB (A)I505565II606570III606570IV65707522 Exposure Limit Values expressed as Lrz   In addition to the exposure limit values expressed as Lr, the exposure limit values specified in Annex 5 and expressed as Lr, referred to below as Lrz, also apply to the noise from civilian traffic at military airfields.3 Determination of the Rating Sound Level  31 Principles  1 The rating sound level Lr for noise from military aerodromes is calculated from the rating sound levels Lrm for military aircraft noise and Lrz for civil aircraft noise, as follows:Lr = 10 × log (100,1×Lrm + 100,1×Lrz)2 The rating sound level Lrz is determined in the same way as the corresponding Lr for civil aerodromes specified in Annex 5 Numbers 3 and 4.3 The rating sound level Lrm is determined from the partial rating sound levels Lrj, for noise from jet aircraft, and Lrp, for noise from propeller aircraft, as follows:Lrm = 10 × log (100,1×Lrj + 100,1×Lrp)4 The partial rating sound level Lrj is the sum of the equivalent continuous A-weighted sound level Leqj arising from the operation of jet aircraft, and the level corrections K0 and K1:Lrj = Leqj + K0 + K15 The partial rating sound level Lrp is the sum of the equivalent continuous A-weighted sound level Leqp arising from the operation of propeller aircraft, and the level corrections K0 and K2:Lrp = Leqp + K0 + K26 The equivalent continuous sound levels Leqj and Leqp are calculated for the average number of hourly flight movements for a day with an average level of traffic, whereby flight movements of jet aircraft and propeller aircraft are counted separately (number of flight movements nj and np).7 Flight movements are all takeoffs and landings of jet and propeller aircraft. Go-arounds count as two flight movements.32 Numbers of Flight Movements nj and np for Military Aerodromes  1 For existing military aerodromes, the number of flight movements nj and np are determined as follows:a. the six months of the operating year with the greatest amount of traffic are identified, whereby flight movements of jet aircraft and propeller aircraft are counted separately;b. for these six months, the number of flight movements of jet aircraft Mj and propeller aircraft Mp are determined;c. the numbers of flight movements nj and np are calculated from Mj and Mp by averaging them over 130 days and twelve daytime hours:nj = Mj/(12 x 130) np = Mp/(12 x 130)2 For military aerodromes that are to be built or modified, the numbers of flight movements nj and np are determined from forecasts of traffic volume.33 Level Corrections  1 The level correction K0 is equal to -8.2 The level correction K1 is calculated from the annual number of flight movements of jet aircraft Nj as follows:K1 = 0 for Nj < 15 000K1 = 10 x log (Nj/15 000) for Nj ≥ 15 0003 The level correction K2 is calculated from the annual number of flight movements of propeller aircraft Np as follows:K2 = 0 for Np < 15 000K2 = 10 x log (Np/15 000) for Np ≥ 15 000Annex 965 65 Inserted by No II para. 2 of the O of 30 June 2010, in force since 1 Aug. 2010  (AS 2010 3223). (Art. 40 para. 1)Exposure Limit Values for Noise from Military Firing Ranges and Training Grounds 1 Scope  1 The exposure limit values specified in Number 2 apply to the firing noise on military firing ranges and training grounds.2 In addition to the exposure limit values specified in Number 2, the exposure limit values specified in Annex 7 apply to the noise from civil firing on military firing ranges and training grounds, with the exception of firing by the police and border guards.3 Noise from repair workshops, maintenance workshops and similar operations and noise from traffic on military firing ranges and training grounds is considered equivalent to the noise from industrial and commercial installations (Annex 6 Number 1).4 Noise from helicopters on military firing ranges and training grounds is considered equivalent to the noise from heliports (Annex 5 Numbers 23 and 5).2 Exposure Limit Values  Sensitivity level (Art. 43)Planning valueImpact thresholdAlarm valueLr in dB(A)Lr in dB(A)Lr in dB(A)I505565II556070III606570IV6570753 Determination of the Rating Sound Level  31 Principles  The rating sound level Lr for the firing noise from military firing ranges and training grounds is calculated as follows from the sound levels LAE1 and LAE2 and the level corrections K1 and K2: Lr =10 . log(100. 1.L AE1 +100. 1.(L AE2 +K1) ) – 10 . log(T) + K2Where:Lr  Rating sound level for noise from military firing ranges and training grounds;T  Rating time in seconds = 52 weeks · 5 days · 12 hours · 60 minutes · 60 seconds;LAE1 Sound exposure level of all the shooting events of a year which have taken place Mondays to Fridays between 07 and 19 hours;LAE2 Sound exposure level of all the shooting events of a year which have taken place outside of the LAE1 timeframe;K1 5K2 1532 Determination of Shooting Operations  1 For existing military firing ranges and training grounds, the number of shots is determined from surveys carried out over three years.2 If, for existing military firing ranges and training grounds, no data on the number of shots is available or if the installations are new or have been modified, the number of shots is determined from forecasts of future use.


text: 814.50 English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.Radiological Protection Act(RPA)of 22 March 1991 (Status as of 1 May 2017)The Federal Assembly of the Swiss Confederation,on the basis of Articles 64, 74, 118, 122 und 123 of the Federal Constitution1,2and having considered the Dispatch of the Federal Council dated 17 February 19883,decrees:1 SR 1012 Amended by Annex No II 5 of the Foodstuffs Act of 20 June 2014, in force since 1 May 2017 (AS 2017 249; BBl 2011 5571).3 BBl 1988 II 181Chapter 1 General Provisions  Art. 1 Purpose  The purpose of this Act is to protect people and the environment against dangers from ionizing radiation.Art. 2 Scope  1 The Act applies to all activities, installations, events and situations that may involve an ionizing radiation hazard, and in particular to:a.the handling of radioactive substances and of installations, equipment and articles containing radioactive substances or capable of emitting ionizing radiation;b.events that may lead to an increase in environmental radioactivity.2 The term «handling» covers extraction, manufacturing, processing, distribution, installation, use, storage, transport, disposal, import, export and transit, and any other form of transfer to a third party.43 Articles 28–38 are not applicable to activities requiring a licence under the Nuclear Energy Act of 21 March 20035.64 The Federal Council may provide for exemptions from this Act in the case of substances with low levels of radioactivity.4 Amended by Annex No II 4 of the Nuclear Energy Act of 21 March 2003, in force since 1 Dec. 2005 (AS 2004 4719; BBl 2001 2665).5 SR 732.16 Amended by Annex No II 4 of the Nuclear Energy Act of 21 March 2003, in force since 1 Dec. 2005 (AS 2004 4719; BBl 2001 2665).Art. 3 Additional provisions  In addition to the provisions of this Act, the following provisions are applicable:a.7for nuclear facilities, nuclear goods and radioactive waste, the Nuclear Energy Act of 21 March 20038;b.for nuclear damage caused by nuclear facilities or the transport of nuclear materials, the Nuclear Energy Liability Act of 18 March 19839;c.for off-site transport of radioactive substances, the federal regulations on the transport of hazardous goods.7 Amended by Annex No II 4 of the Nuclear Energy Act of 21 March 2003, in force since 1 Dec. 2005 (AS 2004 4719; BBl 2001 2665).8 SR 732.19 SR 732.44Art. 4 Costs-by-cause principle  Anyone who causes measures to be taken under this Act shall bear the costs thereof.Art. 5 Research, development, training  1 The Confederation shall promote scientific research on the effects of radiation and radiological protection, as well as training in the area of radiological protection.2 It may:a.promote development activities in these areas;b.train specialists;c.participate in enterprises devoted to research or training.Art. 6 Qualifications  1 Only duly qualified persons shall be permitted to carry out activities that may involve an ionizing radiation hazard.2 The Federal Council shall specify the requirements for the qualifications of such persons.Art. 7 Commissions  1 The Federal Council shall establish the following advisory commissions:a.Commission for Radiological Protection10;b.Commission for ABC-Protection11.122 It shall define their responsibilities.10 The name of this administrative unit was amended by Art. 16 para. 3 of the Publications Ordinance of 17 Nov. 2004 (AS 2004 4937), in force since 1 Jan. 2015.11 The name of this administrative unit was amended by Art. 16 para. 3 of the Publications Ordinance of 17 Nov. 2004 (AS 2004 4937), in force since 1 Jan. 2015.12 Amended by Annex No II 9 of the Federal Act of 22 March 2002 on the Revision of Organisational Provisions of Federal Legislation, in force since 1 Feb. 2003 (AS 2003 187; BBl 2001 3845).Chapter 2 Protection of People and the Environment  Section 1 Principles of Radiological Protection  Art. 8 Justification of radiation exposure  An activity that involves the exposure of people or the environment to ionizing radiation (radiation exposure) may only be carried out if it can be justified in terms of the associated benefits and risks.Art. 9 Limitation of radiation exposure  All measures dictated by experience and the current state of science and technology must be adopted in order to limit the radiation exposure of each individual person and of all parties concerned.Art. 10 Dose limits  The Federal Council shall, in accordance with the current state of scientific knowledge, specify limits for radiation exposure (dose limits) for persons who may be exposed to an increased level of controllable radiation compared with the general population as a result of their work or other circumstances (exposed persons).Section 2 Protection of Exposed Persons  Art. 11 Compliance with dose limits  Anyone who handles or is responsible for a source must take all measures necessary to ensure compliance with the dose limits.Art. 12 Determination of the radiation dose  1 In exposed persons the radiation dose must be determined by appropriate methods.2 The Federal Council shall regulate determination of the radiation dose. It shall define, in particular:a.those cases where radiation exposure is to be measured individually (personal dosimetry);b.the intervals at which the radiation dose is to be determined;c.the requirements for approval of personal dosimetry laboratories;d.the required retention period for the results of personal dosimetry.3 Exposed persons are required to undergo any dosimetry prescribed. They shall be informed of the results.Art. 13 Medical measures for occupationally exposed persons  1 Occupationally exposed workers covered by compulsory insurance are subject to the medical measures for the prevention of occupational diseases specified in Articles 81–87 of the Accident Insurance Act of 20 March 198113.2 The Federal Council may also specify medical measures for other occupationally exposed persons.3 Occupationally exposed persons are required to undergo any medical examinations prescribed.13 SR 832.20Art. 14 Disclosure of medical data  1 The physician charged with the medical examination shall disclose to the supervisory authority any data necessary for medical surveillance and the compilation of statistics. The supervisory authority is not permitted either to use such data for other purposes or to pass it on to third parties.2 The Federal Council shall specify the data to be disclosed to the supervisory authority. It shall define the retention period.Art. 15 Medical applications  1 No dose limits are specified for patients exposed to radiation for diagnostic or therapeutic purposes.2 The radiation exposure of patients shall be at the discretion of the person responsible. However, such persons must comply with the principles of radiological protection specified in Articles 8 and 9.3 The Federal Council shall issue provisions for the protection of patients.Art. 16 Responsibility within enterprises  1 The licence holder or the persons in charge of an enterprise are responsible for ensuring compliance with the radiological protection regulations. For this purpose, they are required to appoint an appropriate number of experts and to provide them with the necessary powers and resources.2 All persons working in an enterprise are required to support the management and the experts with regard to radiological protection measures.Section 3 Monitoring of the Environment and Protection of the Public in the event of Increased Radioactivity Art. 17 Environmental monitoring  1 In the environment, there shall be regular monitoring of ionizing radiation and of levels of radioactivity, particularly in air, water, soil, foodstuffs and feedingstuffs.2 The Federal Council shall take the necessary measures; in particular, it shall designate the bodies and institutions responsible for monitoring.3 It shall ensure that the results of monitoring are published.Art. 1814 Off-site limits  1 For the purpose of environmental monitoring, the Federal Council shall specify off-site limits for radionuclides and for direct radiation.2 It shall specify the off-site limits so that, according to the standards of science and technology or based on experience, exposure to radiation below these limits does not endanger human beings, animals or plants, their communities or habitats.3 For radionuclides in foodstuffs, the maximum concentrations in terms of the foodstuffs legislation apply.14 Amended by Annex No II 5 of the Foodstuffs Act of 20 June 2014, in force since 1 May 2017 (AS 2017 249; BBl 2011 5571).Art. 19 Emergency response organization  1 The Federal Council shall establish an emergency response organization for incidents that could endanger the public as a result of increased radioactivity.2 The emergency response organization shall have, in particular, the following responsibilities:a.in the event of an incident, it shall forecast the dangers arising for the public;b.it shall monitor the extent and course of increased radioactivity and assess possible impacts on people and the environment;c.where there is an imminent danger, it shall order the necessary emergency measures and supervise their implementation.3 The details shall be elaborated by the Federal Council. It shall ensure that the emergency response organization:a.informs the competent federal and cantonal agencies of the extent of the danger and requests the necessary protective measures;b.informs the public.Art. 20 Measures in response to danger arising from increased radioactivity  1 In the event of danger arising from increased radioactivity, the Federal Council shall order the measures necessary:a.to protect the public;b.to secure supplies throughout the country;c.to maintain essential public services.2 It shall issue the regulations required in the event of danger arising from increased radioactivity. In particular, it shall specify:a.the radiation doses acceptable in exceptional situations;b.the duty of persons and undertakings to assume responsibility, within the scope of their usual occupational and entrepreneurial activities, for certain tasks that are indispensable for the protection of the public; the life and health of the persons deployed shall be protected;c.the equipment, training and insurance cover required for persons charged with special tasks.3 If the Federal Council and the emergency response organization are not in a position to order the necessary measures, the cantonal governments or, in urgent cases, the competent cantonal agencies or, if need be, the communal authorities shall take the necessary measures.Art. 21 Implementation of measures  1 Unless the Federal Council assigns responsibility for implementation to the federal authorities, the cantons and communes shall be responsible for the preparation and execution of measures in accordance with Article 20. The cantons shall collaborate with the emergency response organization.2 If the cantonal or communal bodies responsible for implementation are not in a position to fulfil their functions, the Federal Council may place them under the authority of the emergency response organization or instruct other cantons to put available resources at their disposal.3 The Confederation, cantons and communes may also engage private organizations for the implementation of certain measures.Art. 22 Emergency protection  1 In cases where the release of dangerous amounts of radioactive substances into the environment cannot be ruled out, the enterprises concerned shall be required, as part of the licensing procedure:a.to establish, at their own expense, an alarm system for the population at risk or to contribute proportionally to the costs of a general alarm system;b.to participate in the preparation and implementation of emergency protection measures.2 The Federal Council shall define the responsibilities of the competent federal, cantonal and communal agencies.Art. 23 International cooperation  The Federal Council may conclude international agreements concerning:a.the mutual exchange of information on environmental radioactivity;b.immediate notification in the event of danger arising from radioactivity that could cross international borders;c.the harmonization of plans for measures to be taken in the event of cross‑border radioactive contamination.Art. 24 Persistently increased environmental radioactivity  If increased levels of radioactivity from natural or other sources are detected in the environment over a prolonged period, the Federal Council may order special measures to limit radiation exposure. It may involve the cantons for purposes of implementation.Section 4 Radioactive Waste  Art. 25 Definition and principles  1 «Radioactive waste» means radioactive substances or radioactively contaminated materials which are not reused.2 Radioactive substances are to be handled in such a way that as little radioactive waste as possible is generated.3 Radioactive waste arising in Switzerland must, as a general rule, be disposed of in this country. By way of exception, an export licence may be granted for the disposal of radioactive waste if:a.the recipient country has consented to the import of the radioactive waste for disposal in an international agreement;b.an appropriate nuclear facility meeting international standards of science and technology is available in the recipient country;c.transit has been approved by the transit countries;d.the sender has entered into a binding agreement with the recipient of the radioactive waste, with the approval of the authority designated by the Federal Council, to the effect that the sender will take back the waste if necessary 154 By way of exception, an import licence may be granted for radioactive waste that does not originate in Switzerland but is to be disposed of in this country if:a.Switzerland has consented to the import of the radioactive waste for disposal in an international agreement;b.an appropriate nuclear facility meeting international standards of science and technology is available in Switzerland;c.transit has been approved by the transit countries;d.the recipient has entered into a binding agreement with the sender of the radioactive waste, with the approval of the country of origin, to the effect that the sender will take back the waste if necessary.1615 Amended by Annex No II 4 of the Nuclear Energy Act of 21 March 2003, in force since 1 Dec. 2005 (AS 2004 4719; BBl 2001 2665).16 Amended by Annex No II 4 of the Nuclear Energy Act of 21 March 2003, in force since 1 Dec. 2005 (AS 2004 4719; BBl 2001 2665).Art. 26 Handling of radioactive waste on-site and discharge to the environment  1 On-site, radioactive waste must be handled and stored in such a way as to minimize releases of radioactive substances to the environment.2 The Federal Council shall specify the conditions under which low-level radioactive waste may be discharged to the environment.3 Radioactive waste that is not to be discharged to the environment must be suitably retained or securely contained, possibly in solidified form, collected and stored at a site approved by the supervisory authority while awaiting surrender or export.1717 Amended by Annex No II 4 of the Nuclear Energy Act of 21 March 2003, in force since 1 Dec. 2005 (AS 2004 4719; BBl 2001 2665).Art. 27 Surrender18  1 Anyone who produces radioactive waste not arising as a result of the use of nuclear energy is required to surrender it to a centre designated by the competent authority.2 The waste producer must bear the costs of disposal.193 The Federal Council shall regulate the treatment of waste on-site and its surrender.204 If immediate surrender or disposal is not possible, or not appropriate for reasons of radiological protection, the waste must be placed in supervised interim storage.2118 Amended by Annex No II 4 of the Nuclear Energy Act of 21 March 2003, in force since 1 Dec. 2005 (AS 2004 4719; BBl 2001 2665).19 Amended by Annex No II 4 of the Nuclear Energy Act of 21 March 2003, in force since 1 Dec. 2005 (AS 2004 4719; BBl 2001 2665).20 Amended by Annex No II 4 of the Nuclear Energy Act of 21 March 2003, in force since 1 Dec. 2005 (AS 2004 4719; BBl 2001 2665).21 Amended by Annex No II 4 of the Nuclear Energy Act of 21 March 2003, in force since 1 Dec. 2005 (AS 2004 4719; BBl 2001 2665).Chapter 3 Licences and Supervision  Art. 28 Mandatory licensing  A licence is required by anyone who:a.handles radioactive substances or equipment and articles containing radioactive substances;b.manufactures, distributes, installs or uses installations and equipment capable of emitting ionizing radiation;c.administers ionizing radiation and radioactive substances to humans.Art. 29 Powers of the Federal Council  The Federal Council may:a.subject other activities that may involve an ionizing radiation hazard to mandatory licensing;b.exempt activities specified in Article 28 letters a or b from mandatory licensing if an ionizing radiation hazard can be ruled out;c.specify the conditions under which certain types of articles, installations and equipment containing radioactive substances or capable of emitting ionizing radiation may, after testing of the standard model, be granted general approval or approval restricted to certain applications.Art. 3022 Licensing authorities  The Federal Council shall designate the licensing authorities.22 Amended by Annex No II 4 of the Nuclear Energy Act of 21 March 2003, in force since 1 Dec. 2005 (AS 2004 4719; BBl 2001 2665).Art. 31 Conditions  A licence shall be granted if:a.the applicant or an expert appointed by the applicant (Art. 16) has the necessary qualifications;b.the enterprise has an appropriate number of experts at its disposal;c.the applicant and the experts ensure safe operation;d.the enterprise has adequate liability insurance;e.the installations and equipment are in accordance with the current state of science and technology with regard to radiological protection;f.radiological protection is assured in accordance with this Act and the implementing provisions.Art. 32 Licence holder and content  1 The licence shall only be valid for the designated enterprise or the designated person.2 It shall contain a description of the licensed activity, including any requirements and stipulations, and give the names of the experts responsible for radiological protection. It shall be granted for a limited period.3 The licensing authority may transfer the licence to a new holder, provided the latter meets the conditions specified in Article 31.Art. 33 Modification  The licence shall be modified:a.at the holder’s request, if the proposed modification meets the conditions for the granting of a licence;b.automatically, where this is necessitated by changes in the actual or legal conditions specified in Article 31.Art. 34 Revocation and expiry  1 The licence shall be revoked:a.if the conditions for granting it are not met or are no longer met;b.if a stipulation associated with the licence or a measure ordered has not been complied with despite notice being given.2 The licence shall expire:a.if it is duly relinquished by the holder;b.at the end of the specified term;c.if the holder dies or, in the case of legal persons and registered companies, the entry in the Commercial Register is deleted;d.if the enterprise is discontinued or ownership is transferred.3 The licensing authority shall issue a decree declaring the licence to have expired, subject to the possibility of renewal or a transfer in accordance with Article 32 paragraph 3.Art. 35 Duties of notification and provision of information  1 The licence holder must notify the supervisory authority:a.of any proposed modifications to the structure or operation of installations or equipment which could adversely affect operational safety;b.of any plans to use additional radioactive substances or to increase the activity of licensed radioactive substances.2 The licence holder and persons working for the enterprise must provide information to the supervisory authority and its agents, allow them to consult documents and grant access to the premises insofar as this is necessary for the fulfilment of supervisory responsibilities.3 If an inadmissible radiation exposure is suspected or known to have occurred, the licence holder or expert must notify the competent authorities immediately.Art. 36 Record-keeping requirements  1 Anyone who handles radioactive substances or equipment and articles containing radioactive substances is required to keep records thereof.2 Reports are to be submitted regularly to the supervisory authority.3 The Federal Council may waive the record-keeping requirements for low-level radioactive substances.Art. 37 Supervision  1 The Federal Council shall designate the supervisory authorities.2 The supervisory authority shall issue the necessary decrees. If necessary, it may take protective measures at the expense of the party responsible. In particular, it may order the discontinuation of operations or the seizure of dangerous substances, equipment or articles.3 It may engage third parties for the implementation of inspections. Their responsibilities under criminal and property law are defined by the Government Liability Act of 14 March 195823; with regard to duties of confidentiality and testimony, they are bound by the regulations applicable for federal officials.23 SR 170.32Art. 38 Removal of sources of risk  1 Once a licence is revoked or has expired, the sources of risk must be removed by the former licence holder or the party responsible for them. In particular:a.radioactive substances are to be transferred to another licence holder or disposed of as radioactive waste;b.installations and equipment capable of emitting ionizing radiation are to be transferred to another licence holder or placed in a condition rendering unauthorised operation impossible.2 If necessary, the federal authorities shall take over or seize substances, installations, equipment and articles and shall remove the sources of risk at the licence holder’s expense.3 The licensing authority shall determine whether premises with contaminated or activated areas and their surroundings may be used for other purposes.4 The licensing authority shall issue a decree declaring that the sources of risk have been duly removed.Chapter 4 Liability24 24 Revised by the Drafting Commission of the Federal Assembly (Art. 33 ParlPA;  AS 1974 1051). Art. 39 Liability  1 Anyone who operates equipment or carries out activities involving an ionizing radiation hazard shall be liable for any resultant damage unless it can be demonstrated that all due care was exercised to avoid the damage.2 Where two or more persons are liable under paragraph 1, they shall be jointly and severally liable.3 The above is without prejudice to the Nuclear Energy Liability Act of 18 March 198325 with regard to nuclear damage caused by nuclear facilities or the transport of nuclear materials.25 SR 732.44Art. 40 Limitation of liability claims  Claims for compensation or redress arising from damage caused by ionizing radiation and not covered by the Nuclear Energy Liability Act of 18 March 198326 shall be time-barred three years after the injured party has become aware of the damage and of the identity of the liable party, and in any event 30 years after the cessation of the detrimental effects.26 SR 732.44Chapter 5 Proceedings, Legal Recourse and Fees  Art. 41 Proceedings and legal recourse  Proceedings and legal recourse shall be governed by the Federal Act of 20 December 196827 on Administrative Procedure and the Federal Act of 16 December 194328 on the Organisation of Federal Justice.27 SR 172.02128 [BS 3 531; AS 1948 485 Art. 86, 1955 871 Art. 118, 1959 902, 1969 737 Art. 80 Let. b 767, 1977 237 No II 3 862 Art. 52 No 2 1323 No III, 1978 688 Art. 88 No 3 1450,  1979 42, 1980 31 No IV 1718 Art. 52 No 2 1819 Art. 12 Para. 1, 1982 1676 Annex No 13, 1983 1886 Art. 36 No 1, 1986 926 Art. 59 No 1, 1987 226 No II 1 1665 No II, 1988 1776 Annex No II 1, 1989 504 Art. 33 Let. a, 1990 938 No III Para. 5, 1992 288, 1993 274 Art. 75 No 1 1945 Annex No 1, 1995 1227 Annex No 3 4093 Annex No 4, 1996 508 Art. 36 750 Art. 17 1445 Annex No 2 1498 Annex No 2, 1997 1155 Annex No 6 2465 Annex No 5, 1998 2847 Annex No 3 3033 Annex No 2, 1999 1118 Annex No 1 3071 No I 2, 2000 273 Annex No 6 416 No I 2 505 No I 1 2355 Annex No 1 2719, 2001 114 No I 4 894 Art. 40 No 3 1029 Art. 11 Para. 2, 2002 863 Art. 35 1904 Art. 36 No 1 2767 No II 3988 Annex No 1, 2003 2133 Annex No 7 3543 Annex No II 4 Let. a 4557 Annex No II 1, 2004 1985 Annex No II 1 4719 Annex No II 1, 2005 5685 Annex No 7. AS 2006 1205 Art. 131 Para. 1]. See now: the Federal Supreme Court Act of 17 June 2005 (SR 173.110).Art. 42 Fees  The Federal Council shall set the fees for:a.the granting, transfer, modification and revocation of licences;b.the exercise of supervision and the performance of inspections;c.the collection, conditioning, storage and disposal of radioactive waste.Chapter 6 Criminal Provisions  Art. 4329 Unjustified radiation exposure of persons  1 Any person who wilfully subjects someone to manifestly unjustified radiation exposure shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.302 Any person who wilfully subjects another to manifestly unjustified radiation exposure with the intention of damaging that person’s health shall be liable to a custodial sentence or to a monetary penalty.313 Any person who negligently subjects another to manifestly unjustified radiation exposure shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.3229 Amended by Annex No II 4 of the Nuclear Energy Act of 21 March 2003, in force since 1 Dec. 2005 (AS 2004 4719; BBl 2001 2665).30 Amended by Art. 333 of the Criminal Code (SR 311.0) in the amended version of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459; BBl 1999 1979).31 Amended by Art. 333 of the Criminal Code (SR 311.0) in the amended version of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459; BBl 1999 1979).32 Amended by Art. 333 of the Criminal Code (SR 311.0) in the amended version of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459; BBl 1999 1979).Art. 43a33 Illegal handling of radioactive substances, unjustified radiation exposure of property  1 Any person who wilfully:34a.stores, disposes of or discharges radioactive substances to the environment in contravention of the regulations;b.subjects property of considerable value to manifestly unjustified radiation exposure with the intention of impairing its utilityshall be liable to a custodial sentence not exceeding three years or to a monetary penalty.2 If the offender acted negligently, the penalty shall be a monetary penalty not exceeding 180 daily penalty units.3533 Inserted by Annex No II 4 of the Nuclear Energy Act of 21 March 2003, in force since 1 Dec. 2005 (AS 2004 4719; BBl 2001 2665).34 Amended by Art. 333 of the Criminal Code (SR 311.0) in the amended version of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459; BBl 1999 1979).35 Amended by Art. 333 of the Criminal Code (SR 311.0) in the amended version of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459; BBl 1999 1979).Art. 44 Contraventions  1 Any person who wilfully or negligently:36a.37carries out acts requiring a licence without having a licence, obtains a licence illegally, or fails to comply with conditions or stipulations included in the licence;b.fails to take the measures required to comply with dose limits;c.fails to undergo prescribed dosimetry;d.fails to fulfil the duties of a licence holder or expert;e.fails to fulfil the duty to surrender radioactive waste or remove sources of risk;f.infringes an implementing regulation, infringement of which is declared to be punishable, or an order addressed to him or her with reference being made to the penalty provided for in this Article.shall be liable to a fine.2 The Federal Council may provide for fines not exceeding 20,000 Swiss francs for infringements of regulations issued to deal with danger arising from radioactivity.3836 Amended by Art. 333 of the Criminal Code (SR 311.0) in the amended version of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459; BBl 1999 1979).37 Amended by Annex No II 4 of the Nuclear Energy Act of 21 March 2003, in force since 1 Dec. 2005 (AS 2004 4719; BBl 2001 2665).38 Amended by Art. 333 of the Criminal Code (SR 311.0) in the amended version of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459; BBl 1999 1979).Art. 45 Applicability of administrative criminal law  1 The special provisions of the Federal Act of 22 March 197439 (Arts. 14–18) on Administrative Criminal Law are applicable.2 Articles 6 and 7 of the Federal Act on Administrative Criminal Law apply to the contraventions specified in Article 43.39 SR 313.0Art. 46 Proceedings and jurisdiction  1 The felonies and misdemeanours specified in Articles 43 and 43a shall be subject to federal criminal jurisdiction.402 Infringements under Article 44 and Article 45 paragraph 1 shall be prosecuted and adjudicated by the competent licensing or supervisory authority. Proceedings shall be governed by the Federal Act of 22 March 197441 on Administrative Criminal Law.40 Amended by Annex No II 4 of the Nuclear Energy Act of 21 March 2003, in force since 1 Dec. 2005 (AS 2004 4719; BBl 2001 2665).41 SR 313.0Chapter 7 Final Provisions  Art. 47 Enforcement  1 The Federal Council shall be responsible for enforcement and shall issue the implementing provisions.2 It may delegate to the competent Department or subordinate bodies the task of issuing radiological protection regulations for activities requiring a licence under the Nuclear Energy Act of 21 March 200342. It shall take account of the scope of such regulations.433 It may involve the cantons for purposes of enforcement.4442 SR 732.143 Inserted by Annex No II 4 of the Nuclear Energy Act of 21 March 2003, in force since 1 Dec. 2005 (AS 2004 4719; BBl 2001 2665).44 Originally para. 2.Art. 48 Amendment of current legislation  …4545 The amendment may be consulted under AS 1994 1933.Art. 49 Transitional provision  For liability claims that arose under current legislation but are not yet time-barred when this Act commences, the limitation periods specified in Article 40 apply.Art. 50 Referendum and commencement  1 This Act is subject to an optional referendum.2 The Federal Council shall determine the commencement date.Commencement date: 1 October 19944646 Federal Council Decree of 22 June 1994.