Art. 90

1. Any person who wilfully:
   1. constructs or operates a nuclear installation without a licence;
   2. fails to fulfil the obligations arising from an operating licence for a nuclear installation (Articles 22 and 38), decommissioning obligations (Article 26) or the obligations associated with the disposal of radioactive waste and the sealing of a deep geological repository (Article 31 and Article 39, paragraphs 1 and 2);
   3. carries out operations that affect the protection zone of a deep geological repository without holding the necessary licence;
   4. carries out an activity that requires a permit without first obtaining the necessary permit.

shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.¹ 2. If the offender acts through negligence, he shall be liable to a monetary penalty.² 3. Any person who wilfully carries out other activities that are subject to the granting of a licence in accordance with the provisions of this Act or an implementing ordinance, but who does not hold the requisite licence, shall be liable to a monetary penalty.³ 4. If the offender acts through negligence, the penalty shall be a fine not exceeding 100,000 francs.⁴