Beverage Container Ordinance (BCO)
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Art. 9 Obligation to pay a fee
1 Manufacturers who supply empty glass beverage containers for use within Switzerland and importers who import such containers must pay in respect of these a disposal fee (the «fee») to an organisation (the «Fee Organisation») appointed by the Federal Office for the Environment (the FOEN). 2 The obligation to pay a fee also applies to importers who import filled glass beverage containers. 3 No fee is payable by: a. manufacturers and importers who supply or import beverage containers with a capacity of less than 0.09 litres; b. manufacturers and importers who supply or import fewer than 1,000 beverage containers per half calendar year.
Para. 1 — The name of this administrative unit was changed in application of Art. 16 para. 3 of the Publications Ordinance of 17 Nov. 2004 (SR 170.512.1). This change has been made throughout the text.
Art. 10 Level of fee
1 The fee per beverage container shall be not less than CHF 0.01 and not more than CHF 0.10. 2 DETEC shall set the fee rate based on the anticipated costs of the activities set out in Article 12, having first consulted the interested parties. 3 The Fee Organisation must inform consumers about the rate of fee in an appropriate way.
Art. 11 Duty to report and date due
1 Those required to pay the fee shall, no later than 30 days after the end of each calendar half year, inform the Fee Organisation of the number of beverage containers liable to the fee supplied or imported by them during this period. Figures shall be indicated separately in accordance with the requirements of the Fee Organisation and with the level of fee. 2 The fee for the containers supplied or imported during a calendar half year shall be due for payment 60 days after the end of the period in question. In the event of late payment, default interest is payable; if payment is made in advance, the Fee Organisation may grant credit interest. 3 If the Fee Organisation transfers the collection of the fee to the Federal Office for Customs and Border Security (FOCBS), then the collection, due date and interest payments are governed by the customs legislation.
Para. 3 — The name of this administrative unit was changed on 1 Jan. 2022 in application of Art. 20 para. 2 of the Publications Ordinance of 7 Oct. 2015 (SR 170.512.1) (AS 2021 589). This change has been made throughout the text.
Art. 12 Use of the fee
The Fee Organisation must use the fee for the following activities: a. the collection and transport of used glass; b. the cleaning and sorting of intact glass containers; c. the cleaning and preparation of cullet for the manufacture of containers and other products; d. information, particularly to promote the reuse and the recycling of glass beverage containers; no more than 10 per cent of the annual income from the fee may be used for information activities; e. refunding the fee (Art. 14); f. its own activities in accordance with the mandate of the FOEN; g. to cover the FOEN’s expenses in fulfilling its tasks under this Ordinance.
let. g — Inserted by Annex No II 1 of the O of 20 Oct. 2021 on the Return, Taking Back and Disposal of Electrical and Electronic Equipment, in force since 1 Jan. 2022 (AS 2021 633).
Art. 13 Payments to third parties
1 Anyone who claims payment from the Fee Organisation for activities under Article 12 must submit an application to the Fee Organisation with supporting documentation no later than 31 March of the following year. The Fee Organisation may determine the information that applications must contain. 2 The Fee Organisation shall make payments to third parties only insofar as these undertake their activities economically and professionally. To this end, it may make enquiries. 3 The Fee Organisation shall make payments in respect of activities set out in Article 12 letters a–d based on the funds available. In so doing, it shall take account in particular of the amount and quality of the used glass and the environmental impact of these activities.
Art. 14 Refund
1 Anyone who exports beverage containers for which a fee has been paid may claim the refund of the fee in an application with supporting documentation. 2 If the amount due for refund is less than CHF 25.00, it shall not be refunded. 3 Applications for a refund of the fee may be submitted to the Fee Organisation for each calendar year, but must be submitted no later than 31 March of the following year.
Art. 15 Organisation
1 The FOEN shall delegate the levying, administration and use of the fee to a suitable private organisation. The Fee Organisation may not have any commercial interest related to the manufacture, import or export, supply or disposal of beverage containers. 2 The FOEN shall enter into a contract with the Fee Organisation for a period of up to five years. The contract shall regulate in particular the proportion of the fee which the Fee Organisation may use for its own activities, and the conditions and consequences of premature termination of the contract. 3 The Fee Organisation must carry out internal controls of management and appoint independent third parties approved by the FOEN to examine the internal control results and audit its accounts. It must supply them with all the necessary information and permit access to files. 4 It may reach agreement with the FOCBS on levying the fee on imports. The FOCBS may undertake to inform the organisation about the data in the customs declarations
Para. 3 — Amended by Annex No II 1 of the O of 20 Oct. 2021 on the Return, Taking Back and Disposal of Electrical and Electronic Equipment, in force since 1 Jan. 2022 (AS 2021 633).
Art. 16 Supervision of the Fee Organisation
1 The FOEN shall supervise the Fee Organisation. It can issue directives to it, in particular about use of the fee. 2 The Fee Organisation must provide the FOEN with all the necessary information and allow it access to its files. 3 It must submit to the FOEN each year no later than 31 May a report on its activities in the previous year. This report must contain in particular: a. the annual accounts; b. the auditor’s report; c. the number of beverage containers subject to a fee notified, itemised according to the level of the fee; d. a breakdown showing how the fee was used by amount, purpose and recipient. 4 The FOEN shall publish the report, excluding any information that is subject to commercial or manufacturing confidentiality or which permits deductions of this nature to be drawn.
Art. 17 Procedure
1 The Fee Organisation shall decide on applications for fee refunds (Art. 14) and payments to third parties (Art. 13) by issuing rulings. 2 ...
Art. 17 — Amended by No II 80 of the Ordinance of 8 Nov. 2006 on the Amendment of Federal Council Ordinances in accordance with the Total Revision of the Administration of Federal Justice, in force since 1 Jan. 2007 (AS 2006 4705). Para. 2 — Repealed by No II 80 of the Ordinance of 8 Nov. 2006 on the Amendment of Federal Council Ordinances in accordance with the Total Revision of the Administration of Federal Justice, with effect from 1 Jan. 2007 (AS 2006 4705).