Federal Council Defines Precise Requirements for Independence of ENSI Board Members

The Federal Council announced today (Wednesday) that it has amended the Ordinance concerning ENSI. This involves a more precise definition of the implementation provisions regarding the independence of members of the ENSI Board. The amendment that has now been adopted means that the Federal Council provides a more precise definition than hitherto of the types of commercial activities and relationships, official functions and scientific activities which are not compatible with membership of the ENSI Board. The new implementation provisions on independence come into force on 1 November 2011.

Here is the text of the Federal Council’s media release:

In view of the forthcoming election of the new ENSI Board, due by the end of this year, the Federal Council has amended the Ordinance concerning the Federal Nuclear Safety Inspectorate. The amendment introduces a more precise definition of the implementation provisions regarding the independence of members of the ENSI Board.

The ENSI Board is the strategic and internal supervisory body of the Swiss Federal Nuclear Safety Inspectorate. It comprises five to seven members who are elected by the Federal Council every four years. The current ENSI Board was elected in November 2007 and took office on 1 January 2008, when ENSI was established. The election for new members of the Board for the 2012-2015 term is due by the end of this year.

ENSI is a Federal institution which is independent of the administration, and it carries out its supervisory activities autonomously and without external influence. The legislator attaches corresponding importance to the independence of members of the ENSI Board. According to the ENSI Act, they are not permitted to engage in any commercial activities, nor may they hold any office at Federal or cantonal level which could detract from their independence.

In the light of the circumstances which led to the resignation of Peter Hufschmied as Chairman of the ENSI Board on 24 June 2011, the Federal Council identified a requirement for a more precise definition of the implementation provisions regarding independence. The amendment to the ENSI Ordinance that has now been adopted means that the Federal Council provides a more precise definition than hitherto of the types of commercial activities and relationships, official functions and scientific activities which are not compatible with membership of the ENSI Board.

The new implementation provisions on independence come into force on 1 November 2011. This step ensures that candidacies for the new ENSI Board that is to be elected will be examined as regards independence in accordance with the new and more precisely defined requirements.