Basic information
Outline of the system
The purpose of the regime is to verify the source, nature and destination of the radioactive materials subject to authorization. The authorizations are issued by the Federal Office for Public Health (OFSP, https://www.bag.admin.ch/bag/fr/home.html).
Product coverage
An import authorization is necessary for radioactive materials subject to authorization under the Ordinance of 26 April 2017 on radiation protection (ORaP; RS 814.501, https://www.admin.ch/opc/fr/classified compilation/20163016/index.html). These goods are classified under the following Swiss customs tariff numbers:
2844.10; 2844.20; 2844.30; 2844.40; 2844.50.
For small quantities, authorization holders in Switzerland often have a standing import authorization. For high activity sources, a single authorization is required.
Nature of licensing
Automatic
If Automatic, administrative purpose
Non-Automatic
If Non-Automatic, description of the notified Non-Automatic Licensing regime
Protect human, animal or plant life or health
Products under restriction as to the quantity or value of imports
No restrictions on quantity or value. The import authorization procedure is needed to guarantee public health and safety in Switzerland in the area in question.
Questions for products under restriction as to the quantity or value of imports
Not applicable (no restrictions).
The system applies to products originating from which country?
The regulations apply to imports of all goods, irrespective of where they come from.
Expected duration of licensing procedure
Indefinite
Legal requirements
Is the licensing statutorily required?
The importation of radioactive materials other than nuclear fuel, debris and waste from nuclear facilities is subject to the authorization regime set forth in the Law on Radiation Protection of 22 March 1991 (LRaP; RS 814.50, https://www.admin.ch/opc/fr/classified compilation/19910045/index.html) and the Ordinance on radiation protection of 26 April 2017 (ORaP; RS 814.501, https://www.admin.ch/opc/fr/classified compilation/20163016/index.html).
Does the legislation leave designation of products to be subject to licensing to administrative discretion?
The Government may, however, change certain details of the regime, i.e. the above mentioned Ordinances.
Is it possible for the government to abolish the system without legislative approval?
The licensing regime is governed by federal laws, which the Government does not have the authority to repeal.
Eligibility of applicants
Is there a system of registration of persons or firms permitted to engage in importation?
What persons or firms are eligible to apply for a licence?
In principle, all persons, firms and institutions are eligible to apply for an import authorization.
Is there a registration fee?
Is there a published list of authorized importers?
Contact point for information on eligibility
Ministry/Authority
Federal Office of Public Health (OFSP)
Address
Telephone
Fax
E-mail address
Contact officer
Submission of an application
Administrative body(ies) for submission of an application
Federal Office of Public Health (OFSP)
Documentation requirements
What information is required in applications?
Information is requested about the destination of the radioactive materials and about the materials themselves. Additional information and the application forms are available on the OFSP website: https://www.bag.admin.ch/bag/fr/home/gesetze und bewilligungen/gesuche bewilligungen/bewilligungen aufsicht im strahlenschutz/bewilligungsverfahren gesuchsformulare umgang mit ionisierender strahlung.html
What documents is the importer required to supply with the application?
Window of submission of an application
How far in advance of importation must application for a licence be made?
Applications for import authorization must be submitted to the OFSP at least three weeks prior to importation.
Are there any limitations as to the period of the year during which application for licence can be made? If so, explain
No.
Issuing the license
Can a licence be granted immediately on request?
No.
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
In exceptional cases, the time limit may be shortened.
Which administrative body is responsible for approving application of licences?
The OFSP issues authorizations and provides oversight in the areas of medicine, research and industry. With respect to industry, the Swiss National Accident Insurance Fund (Suva) is consulted before an authorization is issued and provides the oversight.
Must the applications be passed on to other organs for visa, note or approval?
Are there any other conditions attached to the issue of a licence?
No.
Fees and other administrative charges
Is there any licensing fee or administrative charge?
Yes.
What is the amount of the fee or charge?
The charge for a single import authorization is 350 under the Ordinance of 26 April 2017 on fees charged in the area of radiation protection (OE RaP; RS 814.56, https://www.admin.ch/opc/fr/classified compilation/20163017/index.html).
Is there any deposit or advance payment required associated with the issue of licences?
No.
Amount or rate?
Is it refundable?
What is the period of retention?
What is the purpose of this requirement?
Refusal of an application
Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria?
There are no reasons to refuse a licence application other than failure to meet the specific criteria and requirements mentioned in the laws.
Are the reasons for any refusal given to applicants?
The reasons for any refusal are communicated to the applicant, who has a right to appeal the decision to the Federal Administrative Court and, at second instance, to the Federal Supreme Court.
Have applicants a right of appeal in the event of refusal to issue a licence?
The reasons for any refusal are communicated to the applicant, who has a right to appeal the decision to the Federal Administrative Court and, at second instance, to the Federal Supreme Court.
If so, to what bodies and under what procedures?
The reasons for any refusal are communicated to the applicant, who has a right to appeal the decision to the Federal Administrative Court and, at second instance, to the Federal Supreme Court.
Importation
Are there any limitations as to the period of year during which importation may be made?
No.
What documents are required upon actual importation?
The OFSP import authorization must be submitted to Customs upon importation. A customs declaration containing the following information is also requested:
a precise description of the good;
the radionuclides;
the total activity per radionuclide (Bq);
the authorization number of the consignee.
Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
For high activity sources, a request for consent under the Guidance on the Import and Export of Radioactive Sources (IAEA, Vienna 2012) must be submitted to the OFSP at least two weeks in advance. In addition, a notification indicating the exact date of importation must be submitted seven days prior to importation. There are no additional formalities for the other materials.
Conditions of licensing
What is the period of validity of a licence? Can the validity be extended? How?
Single import authorizations are, in principle, valid for six months. For small quantities, a standing authorization, valid for ten years, may be issued. Authorizations may be extended upon request if the reasons for the request are provided.
Is there any penalty for the non-utilization of a licence or a portion of a licence?
No.
Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
No.
Foreign Exchange
Is foreign exchange automatically provided by the banking authorities for goods to be imported?
There are no restrictions on foreign exchange in force.
Is a licence required as a condition to obtaining foreign exchange?
There are no restrictions on foreign exchange in force.
Is foreign exchange always available to cover licences issued?
There are no restrictions on foreign exchange in force.
What formalities must be fulfilled for obtaining the foreign exchange?
There are no restrictions on foreign exchange in force.