The Federal Council established the ECNH by decree of 27 April 1998, on the basis of Article 57 of the Government and Administration Organization Act and Article 11 of the Committees Ordinance.

The Gene Technology Act of 21 March 2003, which came into effect on 1 January 2004, created a new legals basis (in Article 23) for the mandate of the ECNH.

By decree of 14 December 2014 (in German) the Federal Council replaced the decree of April 1998.

• Ordinance on the Contained Use of Organisms (Containment Ordinance, ContainO) - Article 15
• Ordinance on the Release of Organisms into the Environment (Release Ordinance, RO) - Articles 18, 19 and 23
• Ordinance on patents for invention (in German, French, and Italian) - Article 83