CO<sub>2</sub> Act
Amended by No I of the FA of 17 Dec. 2021, in force since 1 Jan. 2022 (AS 2022 262; BBl 2021 2252, 2254).
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Art. 39 Enforcement
1 The Federal Council shall implement this Act and issue the implementing provisions. Before doing so, it shall consult the cantons and interested groups. 1bis In order to implement international agreements on the linking of emissions trading systems, the Federal Council may: a. issue regulations on how the tasks assigned to Switzerland are to be fulfilled; b. delegate certain tasks to foreign or international authorities. 2 For specific tasks, the Federal Council may call on the services of the cantons or private organisations. 3 It shall regulate the penalties procedure. 3bis It may provide for a system to record and track CO2 captured at source or extracted from the atmosphere. 4 The Federal Office for the Environment (FOEN) shall be responsible for the assessment of matters relating to climate protection. 4bis It may provide principles and standards for determining the climate impact of companies and products. 5 It shall issue regulations on the form of applications, notifications
Para. 1bis let. b — Inserted by the Annex to the FD of 22 March 2019 on the approval of the Agreement between the European Union and the Swiss Confederation on the linking of their greenhouse gas emissions trading systems, in force since 1 Jan. 2020 (AS 2019 4327; BBl 2018 411). Para. 3bis — Inserted by No I of the FA of 15 March 2024, in force since 1 Jan. 2025 (AS 2024 376; BBl 2022 2651). Para. 4 — Amended by No I of the FA of 17 Dec. 2021, in force since 1 Jan. 2022 (AS 2022 262; BBl 2021 22
Art. 40 Evaluation
1 The Federal Council shall regularly evaluate: a. the effectiveness and efficiency of the measures under this Act; b. the necessity of additional measures. 2 In doing so, it shall also consider climate-relevant factors such as demographic, economic and traffic growth. 3 It shall base its evaluation on statistical surveys. 4 It shall submit regular reports to the Federal Assembly.
Para. 1 — Amended by No I of the FA of 15 March 2024, in force since 1 Jan. 2025 (AS 2024 376; BBl 2022 2651). Para. 1 let. a — Amended by No I of the FA of 15 March 2024, in force since 1 Jan. 2025 (AS 2024 376; BBl 2022 2651).
Art. 40a Requirement to provide information
1 The federal authorities shall be provided with the information they require to implement this Act. 2 The following are required to provide information in particular: a. installation operators in accordance with Articles 15 and 16; b. aircraft operators in accordance with Article 16a; c. persons liable to pay the levy in accordance with Article 30; d. installation operators with a reduction obligation under Article 31 paragraph 1; e. CHP plant operators in accordance with Article 32a; f. persons applying for a refund of the CO2 levy under Article 32c. 3 The required documents must be made available to the federal authorities free of charge, and the authorities must be granted access to the relevant premises during normal working hours.
Art. 40a — Inserted by the Annex to the FD of 22 March 2019 on the approval of the Agreement between the European Union and the Swiss Confederation on the linking of their greenhouse gas emissions trading systems, in force since 1 Jan. 2020 (AS 2019 4327; BBl 2018 411).
Art. 40b Processing and disclosure of personal data and data relating to legal entities
1 For the purposes of this Act, the competent federal authorities may process and disclose personal data and data relating to legal entities, including sensitive personal data. 2 They may store this data electronically. 3 The Federal Council shall determine the categories of personal data and data relating to legal entities that may be processed and disclosed and the length of time they may be stored.
Art. 40b — Inserted by the Annex to the FD of 22 March 2019 on the approval of the Agreement between the European Union and the Swiss Confederation on the linking of their greenhouse gas emissions trading systems (AS 2019 4327; BBl 2018 411). Amended by No I of the FA of 15 March 2024, in force since 1 Jan. 2025 (AS 2024 376; BBl 2022 2651).
Art. 40c Information and documentation systems
1 The FOEN shall operate information and documentation systems in order to conduct procedures under this Act electronically. The Federal Council shall specify which procedures are to be conducted electronically. 2 The FOEN shall ensure the authenticity and integrity of the data in electronic procedures. 3 The competent federal authorities, when submitting documents electronically that must by law be signed, may recognise another electronic confirmation of the information by the person involved in the procedure concerned instead of a qualified electronic signature. 4 The FOEN may grant the following bodies and persons access to the information and documentation systems: a. the SFOE; b. the Federal Social Insurance Office; c. the Federal Office of Civil Aviation; d. the Federal Office for Customs and Border Security (FOCBS); dbis. the Federal Office of Topography; e. private organisations under Article 39 paragraph 2; f. applicants, persons required to report and operators under this Act
Art. 40c — Inserted by No I of the FA of 17 Dec. 2021, in force since 1 Jan. 2022 (AS 2022 262; BBl 2021 2252, 2254). Para. 4 let. a — Amended by No I of the FA of 15 March 2024, in force since 1 Jan. 2025 (AS 2024 376; BBl 2022 2651). Para. 4 let. dbis — Inserted by No I of the FA of 15 March 2024, in force since 1 Jan. 2025 (AS 2024 376; BBl 2022 2651).
Art. 40d Review of climate-related financial risks
1 The Swiss Financial Market Supervisory Authority (FINMA) shall regularly review the climate-related financial risks for supervised institutions in accordance with Article 3 letter a of the Financial Market Supervision Act of 22 June 2007. 2 The Swiss National Bank (SNB) shall regularly review the climate-related financial risks to the stability of the financial system. 3 FINMA and the SNB shall each regularly publish a report on the results and any measures taken.
Art. 40d — Inserted by No I of the FA of 15 March 2024, in force since 1 Jan. 2025 (AS 2024 376; BBl 2022 2651). Para. 1 — SR 956.1
Art. 41 Basic and continuing education and training and information
1 The Confederation may provide a maximum of CHF 5 million per year in support of basic and continuing education and training programmes that focus on climate protection in the workplace and in support of platforms and other public relations activities in the field of climate protection. The Federal Council shall govern the conditions for granting and calculating subsidies. 2 The competent authorities shall inform the general public and advise communes, companies and consumers on climate protection.
Art. 41 — Amended by No I of the FA of 15 March 2024, in force since 1 Jan. 2025 (AS 2024 376; BBl 2022 2651).
Art. 41a Promotion of electric drive technologies
1 In the licensed passenger transport sector, the Confederation shall provide financial assistance of up to CHF 47 million per year until 2030 for the procurement of electric drive vehicles and conversion of ships to electric drive systems. 2 The financial assistance shall cover the costs to the following extent: a. for road vehicles used in regional passenger transport services ordered jointly by the Confederation and the cantons: 75 per cent of the additional investment costs after deduction of all subsidies; b. for road vehicles used in local transport services and other licensed transport services: 30 per cent of the additional investment costs after deduction of all subsidies; c. in licensed shipping: 30 per cent of the additional investment costs or the costs incurred for converting ships to electric drive systems, after deduction of all subsidies. 3 The Federal Office of Transport (FOT) shall determine the additional investment costs per vehicle type once a year on a flat-rate b
Art. 41a — Inserted by No I of the FA of 15 March 2024, in force since 1 Jan. 2025 (AS 2024 376; BBl 2022 2651).