CO<sub>2</sub> Ordinance

By Steph2
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In The Matter OfCO<sub>2</sub> Ordinance
Exhibit A
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Amended by No I of the O of 1 Nov. 2017, in force since 1 Jan. 2018 (AS 2017 6753). Amended by No I of the O of 2 April 2025, in force since 1 Jan. 2025 (AS 2025 248).

English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.

Section 1 General Provisions

Art. 17

Repealed by No I of the O of 2 April 2025, with effect from 1 Jan. 2025 (AS 2025 248).

Art. 17a Passenger cars

1 The provisions of this Chapter apply to passenger cars in accordance with Article 11 paragraph 2 letter a of the Ordinance of 19 June 1995 on the Technical Requirements for Road Vehicles (RVTRO). 2 They do not apply to: a. special-purpose vehicles in accordance with Annex I Part A number 5 of Regulation (EU) 2018/858; b. military vehicles as defined in Article 4 letter a of the Ordinance of 11 February 2004 on Military Road Traffic (MRTO) that are used for military purposes.

Art. 17a — Inserted by No I of the O of 4 May 2022, in force since 1 June 2022 (AS 2022 311). Para. 1 — SR 741.41 Para. 2 let. a — Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles, amending Regulations (EC) No 715/2007 and (EC) No 595/2009 and repealing Directive 2007/46/EC, OJ L 151 of 14.6.2018, p.1

Art. 17b Delivery vans

1 The provisions of this Chapter apply to the following types of delivery van: a. delivery vans in accordance with Article 11 paragraph 2 letter e RVTRO with a maximum permissible weight not exceeding 3.50t; b. vehicles with an emission-free drive system and a maximum permissible weight of between 3.50t and 4.25t that apart from their weight meet the definition of a delivery van and whose weight in excess of 3.50t is caused solely by the additional weight of the emission-free drive system. 2 They do not apply to: a. special-purpose vehicles in accordance with Annex I Part A number 5 of Regulation (EU) 2018/858; b. military vehicles as defined in Article 4 letter a of the Ordinance of 11 February 2004 on Military Road Traffic (MRTO) that are used for military purposes.

Art. 17b — Inserted by No I of the O of 4 May 2022 (AS 2022 311). Amended by No I of the O of 2 April 2025, in force since 1 Jan. 2025 (AS 2025 248). Para. 1 let. a — SR 741.41 Para. 2 let. a — See footnote to Art. 17a para. 2. Para. 2 let. b — SR 510.710

Art. 17c Light articulated vehicles

1 The provisions of this Chapter apply to articulated vehicles in accordance with Article 11 paragraph 2 letter i RVTRO with a gross vehicle weight not exceeding 3.50t. 2 They do not apply to: a. special-purpose vehicles in accordance with Annex I Part A number 5 of Regulation (EU) 2018/858; b. military vehicles as defined in Article 4 letter a MRTO that are used for military purposes.

Art. 17c — Inserted by No I of the O of 4 May 2022, in force since 1 June 2022 (AS 2022 311). Para. 2 let. a — See footnote to Art. 17a para. 2. Para. 2 let. b — SR 510.710 Para. 2 let. b — Amended by No I of the O of 2 April 2025, in force since 1 Jan. 2025 (AS 2025 248).

Art. 17cbis Heavy-duty vehicles

1 The provisions of this Chapter apply to the following heavy-duty vehicles: a. lorries in accordance with Article 11 paragraph 2 letter f RVTRO: 1. with an axle configuration of 4 × 2 and a maximum laden mass of more than 16t, or 2. with an axle configuration of 6 × 2; b. articulated vehicles in accordance with Article 11 paragraph 2 letter i RVTRO: 1. with an axle configuration of 4 × 2 and a maximum laden mass of more than 16t, or 2. with an axle configuration of 6 × 2. 2 In the case of vehicles with multi-stage type approval in accordance with Article 3 number 8 of Regulation (EU) 2018/858, the composition of the base vehicle is the determining factor. 3 The provisions of this Chapter do not apply to: a. refuse collection vehicles; b. vehicles exempted under Article 25 RVTRO; c. military vehicles as defined in Article 4 letter a MRTO that are used for military purposes; d. vehicles cleared through customs before July 2019.

Art. 17cbis — Inserted by No I of the O of 2 April 2025, in force since 1 Jan. 2025 (AS 2025 248). Para. 1 let. a — SR 741.41 Para. 1 let. a let. 1 — Amended by No I of the O of 19 Nov. 2025, in force since 1 Jan. 2026 (AS 2025 788). Para. 1 let. b let. 1 — Amended by No I of the O of 19 Nov. 2025, in force since 1 Jan. 2026 (AS 2025 788). Para. 2 — See footnote to Art. 17a para. 2. Para. 3 let. c — SR 510.710

Art. 17d Using vehicles on the road for the first time

1 Vehicles that are used on the road in Switzerland for the first time are those that are registered for use in Switzerland for the first time and whose use specified in their initial registration corresponds to their actual use by the end user. 2 First use on the road in a customs enclave in accordance with Article 3 paragraph 3 of the Customs Act of 18 March 2005 (CustA) and in Liechtenstein is deemed use on the road in Switzerland. Use on the road in a customs enclave in accordance with Article 3 paragraph 2 CustA, with the exception of Liechtenstein, is deemed use on the road abroad. 3 The following are not regarded used on the road for the first time: a. vehicles registered for use abroad more than twelve months before the customs declaration in Switzerland; or b. vehicles registered for use abroad more than six months but no more than 12 months before the customs declaration in Switzerland and which have covered 5000 km or more at the following times: 1. at the time of the custom

Art. 17d — Originally Art. 17a. Inserted by No I of the O of 24 Nov. 2021, in force since 1 Jan. 2022 (AS 2021 859). Para. 2 — SR 631.0 Para. 3 let. b let. 2 — Amended by No I of the O 29 Sept. 2023, in force since 1 Jan. 2024 (AS 2023 581). Para. 4 — Repealed by No I of the O of 29 Sept. 2023, with effect from 1 Jan. 2024 (AS 2023 581).

Art. 17e Reference year

The reference year is the calendar year in which achievement of the individual target is verified.

Art. 17e — Originally Art. 17a, then Art. 17abis. Inserted by No I of the O of 25 Nov. 2020 (AS 2020 6081) and amended by No I of the O of 29 Sept. 2023, in force since 1 Jan. 2024 (AS 2023 581).

Art. 17f

Originally Art. 17b. Inserted by No I of the O of 25 Nov. 2020 (AS 2020 6081). Repealed by No I of the O of 2 April 2025, with effect from 1 Jan. 2025 (AS 2025 248).

Section 2 Importers and Manufacturers

Art. 17g Importers

1 Any person who has a vehicle certified by the Swiss Federal Office of Energy (SFOE) in accordance with Article 23 paragraph 4 or who provides the SFOE with the data in accordance with Article 23a paragraph 1 letter b is deemed an importer in accordance with Article 11 paragraph 1 of the CO2 Act. 2 If the vehicle is not certified, the importer is the person or entity recorded as such in the Vehicle Admission Information System in accordance with Article 89a of the Road Traffic Act of 19 December 1958. 3 If the vehicle is not certified and the importer is not recorded in the Vehicle Admission Information System, the importer is the person or entity named as such in the customs declaration.

Art. 17g — Inserted by No I of the O of 2 April 2025, in force since 1 Jan. 2025 (AS 2025 248). Para. 2 — SR 741.01

Art. 18 Large importer

1 An importer is deemed to be a large importer in a reference year with respect to the vehicles in question if the new fleet comprises at least the following number of vehicles on 31 December of the reference year: a. 50 passenger cars; b. six vans or light articulated vehicles; or c. two heavy-duty vehicles. 2 If an importer’s fleet of new vehicles in the previous year comprised the number of vehicles specified in paragraph 1 or more, the importer shall be treated provisionally as a large importer in the reference year for the vehicles in question. 3 If an importer's fleet of new vehicles in the previous year comprised fewer vehicles than those specified in paragraph 1, the importer may apply to the SFOE to be treated provisionally as a large importer in the reference year in relation to the vehicles in question from the date of approval of the application. 4 If, on 31 December of the reference year, the fleet of new vehicles referred to in paragraph 2 or 3 comprises fewer vehicles th

Art. 18 — Amended by No I of the O of 4 May 2022, in force since 1 Jan. 2023 (AS 2022 311). Para. 1 let. c — Inserted by No I of the O of 2 April 2025, in force since 1 Jan. 2025 (AS 2025 248). Para. 3 — Amended by No I of the O of 29 Sept. 2023, in force since 1 Nov. 2023 (AS 2023 581).

Art. 19

Repealed by No I of the O of 4 May 2022, with effect from 1 Jan. 2023 (AS 2022 311).

Art. 20 Small importer

An importer is deemed to be a small importer in a reference year with respect to the vehicles in question if the new fleet comprises fewer than the number given in Article 18 paragraph 1 on 31 December of the reference year.

Art. 20 — Amended by No I of the O of 2 April 2025, in force since 1 Jan. 2025 (AS 2025 248).

Art. 21 Manufacturer

Depending on the number of vehicles first registered by a manufacturer in the year preceding the reference year, the provisions of this chapter applicable to either large importers or small importers shall apply mutatis mutandis to that manufacturer in the reference year.

Art. 22 Emission pools

1 Importers and manufacturers that wish to be treated as an emission pool must apply to the SFOE by 31 December of the year before the reference year to be treated as an emission pool for a duration of one to five years. 2 An emission pool must appoint a representative.

Para. 1 — Amended by No I of the O of 4 May 2022, in force since 1 June 2022 (AS 2022 311).

Art. 22a Agreement to take over vehicles

1 An importer may agree with a large importer that the latter will take over vehicles from the importer and thereby enter into all the obligations under this Chapter in respect of these vehicles. 2 The importer or large importer must notify the SFOE of this before the vehicles concerned are registered for use on the road for the first time. 3 Vehicles may only be assigned to another importer once. It is not possible to revoke an assignment.

Art. 22a — Inserted by No I of the O of 24 Nov. 2021, in force since 1 Jan. 2022 (AS 2021 859). Para. 2 — Amended by No I of the O 29 Sept. 2023, in force since 1 Jan. 2024 (AS 2023 581). Para. 3 — Inserted by No I of the O of 4 May 2022, in force since 1 June 2022 (AS 2022 311).

Section 3 Bases for Assessments

Art. 23 Obligations of importers of passenger cars, delivery vans and light articulated vehicles

1 Before a vehicle is registered for use on the road for the first time, importers of passenger cars, delivery vans and light articulated vehicles must provide the Federal Roads Office (FEDRO) with the data required for its allocation to the importer and for the calculation of any penalty. 2 If by 31 January of the year following the reference year large importers provide the SFOE with the data for the following vehicles based on the certificate of conformity (COC) in accordance with Article 36 or 37 of Regulation (EU) 2018/858, the SFOE shall use these data instead of the data in accordance with paragraph 1 to calculate any penalty due: a. vehicles with a type approval or a data sheet in accordance with Articles 3 and 3a of the Ordinance of 19 June 1995 on the Type Approval of Road Vehicles (RVTAO); b. vans and light articulated vehicles with a multi-stage type approval in accordance with Article 3 number 8 of Regulation (EU) 2018/858. 3 In order to check the data provided in accordan

Art. 23 — Amended by No I of the O 29 Sept. 2023, in force since 1 Jan. 2024 (AS 2023 581). Art. 23 — Amended by No I of the O of 2 April 2025, in force since 1 Jan. 2025 (AS 2025 248). Para. 1 — Amended by No I of the O of 2 April 2025, in force since 1 Jan. 2025 (AS 2025 248). Para. 2 — See footnote to Art. 17a para. 2. Para. 2 let. a — SR 741.511

Art. 23a Obligations of importers of heavy-duty vehicles

1 Before a vehicle is registered, importers of heavy-duty vehicles must provide the following authority with the data required to assign the vehicle to the importer: a. FEDRO: if the vehicle has a type approval or a data sheet in accordance with Article 23 paragraph 2 letter a or a COC in electronic form; b. SFOE: if the vehicle does not have any of the documents listed under letter a. 2 They must inform the SFOE by 31 March of the year following the reference year of the data required to calculate any penalty.

Art. 23a — Inserted by No I of the O of 2 April 2025, in force since 1 Jan. 2025 (AS 2025 248).

Art. 24 Sources of data used for the calculation of the target and the average carbon emissions of the new car fleet

The data used for the calculation of the individual target and for the calculation of the average carbon emissions of the new car fleet shall originate from a document issued by the vehicle manufacturer, by a governmental authority or by a RVTAO inspection centre or a foreign inspection centre listed in Annex 2, which is equivalent to the COC.

Art. 24 — Amended by No I of the O 24 Nov. 2021, in force since 1 Jan. 2022 (AS 2021 859). SR 741.511

Art. 25 Determining the carbon emissions of passenger cars, delivery vans and light articulated vehicles

1 To determine the carbon emissions of passenger cars, delivery vans and light articulated vehicles, the emissions according to the Worldwide Harmonised Light Vehicles Test Procedure (WLTP) in accordance with Annex XXI of Regulation (EU) 2017/1151 are used. 2 For vehicles for which no values determined in accordance with the WLTP are available, the carbon emissions are calculated in accordance with Annex 4. 3 If the carbon emissions cannot be calculated in accordance with Annex 4, passenger cars shall be assumed to produce emissions of 350g CO2/km and vans and light articulated vehicles 400g CO2/km.

Art. 25 — Amended by No I of the O 24 Nov. 2021, in force since 1 Jan. 2022 (AS 2021 859). Art. 25 — Amended by No I of the O of 2 April 2025, in force since 1 Jan. 2025 (AS 2025 248). Para. 1 — Commission Regulation (EU) 2017/1151 of 1 June 2017 supplementing Regulation (EC) No 715/2007 of the European Parliament and of the Council on type-approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and mai

Art. 25a Determining the carbon emissions of a heavy-duty vehicle

1 When determining the carbon emissions of a heavy-duty vehicle, the following applies: a. the vehicle is attributed to a vehicle sub-group in accordance with Annex I clause 1 of Regulation (EU) 2019/1242; b. the emission value in grams per tonne-kilometre, calculated in accordance with Annex I point 2.2 of Regulation (EU) 2019/1242. 2 If the carbon emissions cannot be determined in accordance with paragraph 1, the following emission values shall be assumed: a. for vehicles that are not purely electrically powered: 1.1 times the base value of the corresponding vehicle sub-group in accordance with Annex 4a number 3.3: b. for vehicles that are purely electrically powered: 0 grams per tonne-kilometre.

Art. 25a — Inserted by No I of the O of 2 April 2025, in force since 1 Jan. 2025 (AS 2025 248). Para. 1 let. a — Regulation (EU) 2019/1242 of the European Parliament and of the Council of 20 June 2019 setting CO2 emission performance standards for new heavy-duty vehicles and amending Regulations (EC) No 595/2009 and (EU) 2018/956 of the European Parliament and of the Council and Council Directive 96/53/EC, OJ L 198, 25.7.2019, p. 202.

Section 4 Taking Account of Carbon Emission Reduct

Originally before Art. 30. Amended by No I of the O of 2 April 2025, in force since 1 Jan. 2025 (AS 2025 248).

Art. 26 Reductions from eco-innovations

If the average carbon emissions of a new vehicle fleet of passenger vehicles, vans or light articulated vehicles of a large importer or the carbon emissions of any vehicle of a small importer are reduced by using eco-innovations, the reduction shall be taken into account up to a maximum of 7g CO2/km.

Art. 26a

Repealed by No III of the O of 21 May 2025, with effect from 1 Jan. 2026 (AS 2025 382).

Art. 26b Reduction by means of renewable synthetic fuels

1 The reduction in carbon emissions achieved through the use of renewable synthetic fuels and taken into account in the average carbon emissions of a new vehicle fleet of a large importer or any vehicle of a small importer shall be calculated in accordance with Annex 4b. 2 Renewable synthetic fuels pursuant to Article 11a of the CO2 Act are renewable fuels that: a. have been produced from renewable energy sources other than biomass; and b. are used to power vehicles. 3 Applications to take account of a reduction in carbon emissions must be submitted to the SFOE by the following dates: a. for large importers of passenger cars, vans and light articulated vehicles: by 31 January of the year following the reference year; b. for small importers of passenger cars, vans and light articulated vehicles: before registration for use; c. for importers of heavy-duty vehicles: by 31 March of the year following the reference year.

Art. 26c Exemptions for low-emission and zero-emission vehicles

1 If the proportion of low-emission and zero-emission passenger cars, vans and articulated vehicles in the new vehicle fleet of a large importer, calculated in accordance with Annex 4c number 1.1.3, exceeds the following percentages in the years 2025–2027 and 2030, a reduction shall be made in accordance with paragraph 3 when calculating the average carbon emissions of the new vehicle fleet in the relevant reference year: a. for passenger vehicles: 1. in the reference year 2025: 23 per cent, 2. in the reference year 2026: 24 per cent, 3. in the reference year 2027: 25 per cent; b. for vans and light articulated vehicles: 1. in the reference year 2025: 8 per cent, 2. in the reference year 2026: 9 per cent, 3. in the reference year 2027: 10 per cent, 4. in the reference year 2030: 30 per cent. 2 If the proportion of zero-emission heavy-duty vehicles in a new vehicle fleet of a large importer exceeds the following percentages in the years 2025–2027 and 2030, the calculation of the average

Section 5 Calculating Carbon Emissions and Individ

Originally before Art. 35. Amended by No I of the O of 2 April 2025, in force since 1 Jan. 2025 (AS 2025 248).

Art. 27 Calculating the average carbon emissions of the new fleet of a large importer

The average carbon emissions of a fleet of new vehicles of a large importer are calculated as follows: a. a new fleet of passenger vehicles, vans or light articulated vehicles: in accordance with Annex 4c number 1.1; b. a new fleet of heavy-duty vehicles: in accordance with Annex 4c number 1.2.

Art. 27 — Amended by No I of the O of 2 April 2025, in force since 1 Jan. 2025 (AS 2025 248).

Art. 27a Calculating the carbon emissions of a heavy-duty vehicle

The carbon emissions of a heavy-duty vehicle are calculated in accordance with Annex 4c number 2.

Art. 27a — Inserted by No I of the O of 2 April 2025, in force since 1 Jan. 2025 (AS 2025 248).

Art. 28 Individual target

The individual target for carbon emissions of the fleet of new vehicles of a large importer or of the individual vehicle of a small importer is calculated in accordance with Annex 4a.

Art. 28 — Amended by No I of the O 24 Nov. 2021, in force since 1 Jan. 2022 (AS 2021 859).

Art. 29 Penalty amounts

1 DETEC shall determine the amounts in accordance with Article 13 paragraph 1 of the CO2 Act each year for the following reference year in Annex 5. It shall use as a basis the following amounts applicable in the European Union: a. for passenger vehicles, vans and light articulated vehicles: amounts in accordance with Article 8 of Regulation (EU) 2019/631; b. for heavy-duty vehicles: amounts in accordance with Article 8 of Regulation (EU) 2019/1242. 2 For the conversion into Swiss francs, the average daily exchange rate for selling francs in the twelve months prior to 30 June in the year before the reference year applies.

Para. 1 let. a — Regulation (EU) 2019/631 of the European Parliament and of the Council of 17 April 2019 setting CO2 emission performance standards for new passenger cars and for new light commercial vehicles, and repealing Regulations (EC) No 443/2009 and (EU) No 510/2011 (recast), OJ L 111, 25.4.2019, p. 13. Para. 1 let. b — See footnote to Art. 25a para. 1 let. a. Para. 1 let. b — Amended by No I of the O of 2 April 2025, in force since 1 Jan. 2025 (AS 2025 248).

Art. 30 Penalty for large importers

1 If the average carbon emissions of the fleet of new vehicles of a large importer exceed the individual target, the SFOE shall impose a penalty. 2 Emissions exceeding the individual target are rounded down as follows to calculate the penalty: a. for passenger vehicles, vans and light articulated vehicles: to a hundredth of a gram CO2/km; b. for heavy-duty vehicles: to a hundredth of a gram CO2 /tkm. 3 If a large importer fails to pay the penalty on time, they shall owe default interest. The Federal Department of Finance (FDF) shall fix the interest rate. 4 …

Art. 30 — Amended by No I of the O of 2 April 2025, in force since 1 Jan. 2025 (AS 2025 248). Para. 1 — Amended by No I of the O 24 Nov. 2021, in force since 1 Jan. 2022 (AS 2021 859). Para. 2 let. b — Amended by No I of the O of 2 April 2025, in force since 1 Jan. 2025 (AS 2025 248). Para. 3 — Amended by No I of the O of 4 May 2022, in force since 1 June 2022 (AS 2022 311). Para. 4 — Repealed by No I of the O of 24 Nov. 2021, with effect from 1 Jan. 2022 (AS 2021 859).

Art. 31 Quarterly advance payments

1 The SFOE shall send each large importer a quarterly list of vehicles first placed on the market in the current reference year, and of the average carbon emissions and the individual target for its fleets of new vehicles. 2 It may invoice large importers for quarterly advance payments for any sanction in the reference year, in particular if: a. the average carbon emissions of a fleet of new vehicles exceed the individual target in the reference year by more than 5g CO2/km; b. the large importer is based abroad; c. the large importer is currently subject to debt enforcement proceedings or has existing certificates of loss. 3 The SFOE shall calculate the amount of the advance payments on the basis of the data in paragraph 1. Advance payments already made are taken into account in preparing the invoice. 4 If the payments made exceed the penalty owed for the entire year for the fleet of new vehicles, the SFOE shall refund the difference together with the reimbursement interest thereon. .

Para. 2 let. c — Amended by No I of the O of 4 May 2022, in force since 1 June 2022 (AS 2022 311). Para. 4 — Inserted by No I of the O of 24 Nov. 2021, in force since 1 Jan. 2022 (AS 2021 859).

Arts 32 and 33

Repealed by No I of the O of 24 Nov. 2021, with effect from 1 Jan. 2022 (AS 2021 859).

Art. 34 Security

1 If a large importer is in arrears with the payment of an invoice, the SFOE may order it to be treated as a small importer until the amount owed has been paid in full. 2 If the SFOE considers the payment of the penalty or interest on arrears to be at risk, it may order that it be secured in the form of a cash deposit or a bank guarantee.

Art. 35 Penalty for small importers

1 If the carbon emissions of a small importer's vehicle exceed the individual target, then SFOE shall impose a penalty. 1bis In the case of passenger cars, vans and light articulated vehicles, the penalty must be paid before the vehicle is first registered. 2 Article 30 paras 2 and 3 apply mutatis mutandis. 3 …

Art. 35 — Amended by No I of the O 24 Nov. 2021, in force since 1 Jan. 2022 (AS 2021 859). Art. 35 — Inserted by No I of the O of 2 April 2025, in force since 1 Jan. 2025 (AS 2025 248). Para. 1 — Amended by No I of the O of 29 Sept. 2023, in force since 1 Jan. 2024 (AS 2023 581). Para. 1bis — Inserted by No I of the O of 29 Sept. 2023 (AS 2023 581). Amended by No I of the O of 2 April 2025, in force since 1 Jan. 2025 (AS 2025 248). Para. 3 — Inserted by No I of the O of 4 May 2022 (AS 2022 311).

Section 6 …

Art. 36

Repealed by No I of the O of 2 April 2025, with effect from 1 Jan. 2025 (AS 2025 248).

Section 7 …

Art. 37

Repealed by No I of the O of 2 April 2025, with effect from 1 Jan. 2025 (AS 2025 248).

Arts 38 and 39

Repealed by No I of the O of 1 Nov. 2017, with effect from 1 Jan. 2018 (AS 2017 6753).