CO<sub>2</sub> Ordinance
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 Installation Operators
Amended by No I of the O of 13 Nov. 2019, in force since 1 Jan. 2020 (AS 2019 4335).
Art. 40 Installation operators required to participate
1 An installation operator is required to participate in the ETS if it is engaged in an activity listed in Annex 6. 2 An installation operator that wishes to engage in an activity listed in Annex 6 for the first time must notify the FOEN no later than three months before the planned start to the activity. 3 The notification must contain details of the activities in accordance with Annex 6 and the greenhouse gas emissions. 4 The FOEN may request further details if these are necessary in order to assess the notification.
Art. 40 — Term in accordance with No I of the O of 13 Nov. 2019, in force since 1 Jan. 2020 (AS 2019 4335). This amendment has been made throughout the text. The correction of 4 March 2022 concerns the French text only (AS 2022 150). Para. 1 — Amended by No I of the O of 8 Oct. 2014, in force since 1 Dec. 2014 (AS 2014 3293). Para. 2 — Amended by No I of the O of 25 Nov. 2020, in force since 1 Jan. 2021 (AS 2020 6081). Para. 3 — Inserted by No I of the O of 4 May 2022, in force since 1 June 2022
Art. 41 Exemption from the requirement to participate
1 An installation operator may apply each year by 1 June in accordance with Article 40 paragraph 1 to be exempted from the obligation to participate in the ETS with effect from the beginning of the following year if the greenhouse gas emissions of the installations in the preceding three years were less than 25,000 tonnes CO2eq per year. 1bis An installation operator under Article 40 paragraph 2 that credibly reports that the greenhouse gas emissions of the installations are permanently less than 25,000 tonnes CO2eq per year may apply for the exemption to the obligation to participate in the ETS with immediate effect. 1ter An operator of reserve power plants run on gas or other energy sources that produces electricity and feeds it into the grid when the reserve is called up in accordance with the Winter Reserve Ordinance of 25 January 2023 may not apply for exemptions in accordance with paragraphs 1 and 1bis. 2 The installation operator in accordance with paragraphs 1 and 1bis must con
Art. 41 — Amended by No I of the O of 13 Nov. 2019, in force since 1 Jan. 2020 (AS 2019 4335). Para. 1ter — SR 734.722 Para. 1ter — Inserted by Annex No II 1 of the Winter Reserve Ordinance of 25 Jan. 2023, in force from 15 Feb. 2023 to 31 Dec. 2026 (AS 2023 43). Para. 3 — Amended by No II 1 of the Winter Reserve Ordinance of 25 Jan. 2023, in force from 15 Feb. 2023 to 31 Dec. 2026 (AS 2023 43).
Art. 42 Participation by application
1 An installation operator may participate in the ETS by application if the total rated thermal input of the installations is at least 10MW. 2 If an operator anticipates that it will fulfil the participation conditions listed in paragraph 1 for the first time, it must submit the application no later than three months before the date of fulfilment. 2bis … 3 The application must contain information about: a. … b. the installed rated thermal inputs of the installations; c. the greenhouse gases emitted from the installations in the preceding three years. 4 The FOEN may request additional information if required for assessing the application.
Para. 1 — Amended by No I of the O of 2 April 2025, in force since 1 Jan. 2025 (AS 2025 248). Para. 2 — Amended by No I of the O of 25 Nov. 2020, in force since 1 Jan. 2021 (AS 2020 6081). Para. 2bis — Inserted by No I of the O of 8 Oct. 2014 (AS 2014 3293). Repealed by No I of the O of 25 Nov. 2020, with effect from 1 Jan. 2021 (AS 2020 6081). Para. 3 let. a — Repealed by No I of the O of 2 April 2025, with effect from 1 Jan. 2025 (AS 2025 248). Para. 3 let. b — Amended by No I of the O of 13 N
Art. 43 Installations not taken into account
1 In determining whether the conditions of Article 40 paragraph 1 or Article 42 paragraph 1 are met, and in calculating the extent to which the operator must surrender emission allowances annually to the Confederation, installations in hospitals are not taken into account. 2 The installation operator may request that the following installations are not taken into account: a. installations used exclusively for the research, development and testing of new products and processes; b. installations used primarily for the disposal of special waste in accordance with Article 3 letter c of the Waste Management Ordinance of 4 December 2015 (ADWO). 3 The CO2 levy is not refunded for thermal fuels used in installations that are not taken into account.
Art. 43 — Amended by No I of the O of 13 Nov. 2019, in force since 1 Jan. 2020 (AS 2019 4335). Para. 1 — Amended by No I of the O of 25 Nov. 2020, in force since 1 Jan. 2021 (AS 2020 6081). Para. 2 — Amended by No I of the O of 13 Nov. 2019, in force since 1 Jan. 2020 (AS 2019 4335). Para. 2 let. b — Amended by Annex 6 No 2 of the Waste Ordinance of 4 Dec. 2015, in force since 1 Jan. 2016 (AS 2015 5699). Para. 2 let. b — SR 814.600 Para. 3 — Amended by No I of the O of 13 Nov. 2019, in force sin
Art. 43a Withdrawal
An installation operator may, no later than 1 June, apply to withdraw from the ETS with effect from the beginning of the following year if it permanently ceases to meet the conditions of Article 40 paragraph 1 or 42 paragraph 1.
Art. 43a — Inserted by No I of the O of 8 Oct. 2014 (AS 2014 3293). Amended by No I of the O of 13 Nov. 2019, in force since 1 Jan. 2020 (AS 2019 4335).
Art. 44 Ruling
The FOEN decides by issuing a ruling on the participation of installation operators in the ETS and regarding installations not taken into account in accordance with Article 43.
Art. 44 — Amended by No I of the O of 13 Nov. 2019, in force since 1 Jan. 2020 (AS 2019 4335).
Art. 45 Maximum available quantity of emission allowances
1 The FOEN shall calculate the available quantity of emission allowances each year for all installation operators in the ETS as a whole. The calculation is made in accordance with Annex 8. 2 It shall each year retain a portion of the quantity calculated pursuant to paragraph 1 in order to make it accessible to the following installation operators: a. installation operators that are entitled to the allocation of emission allowances free of charge pursuant to Article 46a paragraph 1; and b. installation operators that are already participating in the ETS, provided: 1. they bring additional sub-installations under Article 46a paragraph 2 into operation, or 2. the quantity of emission allowances to be allocated to them free of charge on the basis of Article 46b is increased. 3 The portion under paragraph 2 is the sum of: a. at least 5 per cent of the emission allowances under paragraph 1; and b. all the emission allowances that are no longer allocated free of charge based on: 1. the exempt
Art. 45 — Amended by No I of the O of 25 Nov. 2020, in force since 1 Jan. 2021 (AS 2020 6081). Para. 2 let. a — Amended by No I of the O of 4 May 2022, in force since 1 June 2022 (AS 2022 311). Para. 3 let. a — Amended by No I of the O of 4 May 2022, in force since 1 June 2022 (AS 2022 311). Para. 3 let. b let. 1bis — Inserted by No I of the O of 19 Nov. 2025, in force since 1 Jan. 2026 (AS 2025 788). Para. 4 let. d — Amended by No I of the O of 4 May 2022, in force since 1 June 2022 (AS 2022 31
Art. 46 Allocating emission allowances free of charge
1 The FOEN calculates the quantity of emission allowances to be allocated free of charge annually to installation operators, based on the benchmarks and adjustment factors described in Annex 9 and taking account of European Union regulations. 1bis If the target agreement under Article 46 EnA is not met, the calculated amount shall be reduced by 20 per cent. This does not apply to operators of installations that have a roadmap in accordance with Article 5 of the Federal Act of 30 September 2022 on Climate Protection Goals, Innovation and Strengthening Energy Security (CIA) and have implemented the measures set out therein in the preceding years. 2 The proportionate reduction under Article 19 paragraph 7 of the CO2 Act is calculated in advance for the allocation periods in accordance with Annex 9 number 2.3. The proportionate reduction is limited to up to 5 per cent annually.
Art. 46 — Amended by No I of the O of 13 Nov. 2019, in force since 1 Jan. 2020 (AS 2019 4335). Para. 1bis — SR 730.0 Para. 1bis — SR 814.310 Para. 1bis — Inserted by No I of the O of 19 Nov. 2025, in force since 1 Jan. 2026 (AS 2025 788). Para. 2 — Amended by No I of the O of 2 April 2025, in force since 1 Jan. 2025 (AS 2025 248).
Art. 46a Emission allowances allocated free of charge to installation operators participating in the ETS for the first time and to installation operators with new sub-installations
1 An installation operator that participates for the first time in the ETS from 2 January 2026 shall be allocated emission allowances free of charge from the reserve in accordance with Article 45 paragraph 2 from the start of its participation in the ETS. 2 If an operator already participating in the ETS brings into operation an additional unit affecting the emission allowances to be allocated free of charge (a sub-installation), it shall be allocated emission allowances free of charge from the portion mentioned in Article 45 paragraph 2 from the start of operations. 3 Emission allowances are allocated free of charge in accordance with Article 46 and 46b.
Art. 46a — Inserted by No I of the O of 8 Oct. 2014 (AS 2014 3293). Amended by No I of the O of 25 Nov. 2020, in force since 1 Jan. 2021 (AS 2020 6081). Para. 1 — Amended by No I of the O of 19 Nov. 2025, in force since 1 Jan. 2026 (AS 2025 788).
Art. 46b Adjustment of the quantity of emission allowances to be allocated free of charge
1 The quantity of emission allowances allocated free of charge annually to an installation operator is adjusted if the activity rate of a sub-installation is changed to the extent specified in Annex 9 number 5.1.1. The adjustment is made in accordance with the requirements in Annex 9 number 5.1. 2 If the quantity of emission allowances allocated free of charge is calculated on the basis of the heat benchmark (Annex 9 No 1.2) or fuel benchmark (Annex 9 No 1.3), the quantity shall only be adjusted if, in addition to any change under paragraph 1, the expected activity rate of a sub-installation is changed within the scope of Annex 9 number 5.1a.1. The adjustment is made in accordance with the requirements in Annex 9 number 5.1a. 3 … 4 The quantity of emission allowances allocated free of charge annually to an operator shall also be adjusted if any parameter under Annex 9 number 5.2.3 changes to the extent specified in Annex 9 number 5.2.1. The adjustment is made in accordance with the req
Art. 46b — Inserted by No I of the O of 8 Oct. 2014 (AS 2014 3293). Amended by No I of the O of 25 Nov. 2020, in force since 1 Jan. 2021 (AS 2020 6081). Para. 2 — Amended by No I of the O of 19 Nov. 2025, in force since 1 Jan. 2026 (AS 2025 788). Para. 3 — Repealed by No I of the O of 19 Nov. 2025, with effect from 1 Jan. 2026 (AS 2025 788). Para. 6 — Inserted by No I of the O of 29 Sept. 2023 (AS 2023 581). Repealed by No I of the O of 19 Nov. 2025, with effect from 1 Jan. 2026 (AS 2025 788).
Art. 46c
Inserted by No I of the O of 8 Oct. 2014 (AS 2014 3293). Repealed by No I of the O of 25 Nov. 2020, with effect from 1 Jan. 2021 (AS 2020 6081).
Section 1a Aircraft Operators
Inserted by No I of the O of 13 Nov. 2019, in force since 1 Jan. 2020 (AS 2019 4335).
Art. 46d Aircraft operators with the obligation to participate
1 An aircraft operator is obliged to participate in the ETS in accordance with the Annex of the Ordinance on Air Navigation of 14 November 1973 (aircraft operators) if it operates flights in accordance with Annex 13. 2 An aircraft operator required to participate in the ETS must register immediately with the competent authority in accordance with Annex 14. 3 If the operator cannot be determined, the keeper and, at a subsidiary level, the owner of the aircraft is deemed the aircraft operator. 4 The FOEN may request an aircraft operator to designate an address for service in Switzerland.
Para. 1 — SR 748.01
Art. 46e Maximum quantity of emission allowances available
1 The FOEN shall calculate the maximum quantity of emission allowances to be made available each year to all aircraft operators. The calculation is made in accordance with Annex 15 number 1. 2 If the geographical scope of the ETS changes, the FOEN may adjust the maximum quantity of emission allowances for aviation available annually and the quantity of emission allowances allocated to aircraft operators free of charge. In doing so, it shall take account of the corresponding EU rules. 3 and 4 …
Art. 46e — Amended by No I of the O of 25 Nov. 2020, in force since 1 Jan. 2021 (AS 2020 6081). Para. 1 — Amended by No I of the O 29 Sept. 2023, in force since 1 Jan. 2024 (AS 2023 581). Para. 34 — Repealed by No I of the O of 2 April 2025, with effect from 1 Jan. 2025 (AS 2025 248).
Art. 46f
Repealed by No I of the O of 19 Nov. 2025, with effect from 1 Jan. 2026 (AS 2025 788).
Art. 46g
Inserted by No I of the O of 29 Sept. 2023 (AS 2023 581). Repealed by No I of the O of 19 Nov. 2025, with effect from 1 Jan. 2026 (AS 2025 788).
Art. 46h Emission allowances to be allocated free of charge for the use of renewable and low-emission aviation fuels
1 For the period 2026–2030, 550,000 emission allowances are available for free allocation for the use of renewable or low-emission aviation fuels as defined in Annex 15 number 5.1 on flights covered by the ETS. 2 Commercial aircraft operators may apply by 31 March of each year for the free allocation of emission allowances for flights undertaken in the previous year. 3 The FOEN shall calculate the quantity of emission allowances available for allocation free of charge to aircraft operators in accordance with Annex 15 numbers 5.2–5.5. 4 If the total quantity of emission allowances applied for under the free allocation scheme exceeds the available quantity, the FOEN shall reduce the quantity to be allocated to individual operators on a pro rata basis. 5 The FOEN shall publish the quantities of emission allowances allocated free of charge to individual aircraft operators each year.
Art. 46h — Inserted by No I of the O of 19 Nov. 2025, in force since 1 Jan. 2026 (AS 2025 788).
Section 2 Auction of Emission Allowances
Amended by No I of the O of 13 Nov. 2019, in force since 1 Jan. 2020 (AS 2019 4335).
Art. 47 Eligibility for admission
Installation and aircraft operators participating in the Swiss and the EU emissions trading systems and companies from the European Economic Area (EEA) admitted to bid in auctions in the European Union are eligible for admission to the auction of emission allowances provided they have an account in accordance with Article 57.
Art. 48 Conducting the auction
1 The FOEN shall regularly auction the emission allowances for installations and aircraft for the corresponding year that are not allocated free of charge. 1bis The quantity of emission allowances for installations to be auctioned shall be reduced by fifty per cent if the difference between the supply of emission allowances for installations and the demand for emission allowances for installations (quantity in circulation) is more than fifty percent of the maximum quantity of emission allowances for installations available in the previous year in accordance with Article 45 paragraph 1. The calculation of the quantity in circulation shall be carried out in accordance with the provisions of Annex 8 number 2. 2 The FOEN may cancel the auction without accepting a bid if: a. it suspects agreements affecting competition or unlawful practices by dominant participants in the auction; b. the clearing price in the auction period differs significantly from the relevant price on the secondary mark
Para. 1 — Amended by No I of the O 29 Sept. 2023, in force since 1 Jan. 2024 (AS 2023 581). Para. 1bis — Inserted by No I of the O of 24 Nov. 2021 (AS 2021 859). Amended by No I of the O 29 Sept. 2023, in force since 1 Jan. 2024 (AS 2023 581).
Art. 49 Information to be submitted for admission
1 Installation and aircraft operators participating in the Swiss and the European Union emissions trading systems and the other companies from the EEA admitted to bid in auctions in the European Union which are participating in the auction of emission allowances must submit the following information to the FOEN beforehand: a. first names, surnames, postal address, personal email address, mobile telephone number, proof of identity and criminal record certificate of at least one, but no more than four, authorised auction agents; b. first names, surnames, postal address, personal email address, mobile telephone number, proof of identity and criminal record certificate of at least one, but no more than four, bid validators; c. declaration that they and the authorised auction agents and bid validators accept the general conditions of the auction. 2 Persons under paragraph 1 are not required to submit a Swiss criminal record certificate if they provide proof by means of notarial certificate
Art. 49a Binding nature of the auction bids
1 Bids for the auction of emission allowances are made in euro and are binding after a bid validator gives consent. 2 The invoice for the auctioned emission allowances must be settled in euro and via a bank account in Switzerland or in the EEA. The FOEN may exclude participants from future auctions if they fail to settle the invoice.
Section 3 Data Collection and Monitoring
Art. 50 Data collection
1 The FOEN or an FOEN-authorised entity shall collect the data concerning installation operators required for: a. calculating the maximum quantity of emission allowances available each year to all installation operators in the ETS; b. the initial calculation of the quantity of emission allowances to be allocated free of charge. 1bis The operator shall collect the data required to adjust the quantity of emission allowances allocated free of charge under Article 46b. 2 The installation operator is required to cooperate. If it violates its obligation to cooperate, then it shall be denied free emission allowances. 3 Aircraft operators are responsible for collecting the data relating to their activities under this Ordinance.
Art. 50 — Amended by No I of the O of 13 Nov. 2019, in force since 1 Jan. 2020 (AS 2019 4335). Para. 1 let. b — Amended by No I of the O of 25 Nov. 2020, in force since 1 Jan. 2021 (AS 2020 6081). Para. 1bis — Inserted by No I of the O of 25 Nov. 2020, in force since 1 Jan. 2021 (AS 2020 6081).
Art. 51 Monitoring plan
1 Installation operators participating shall submit a monitoring plan to the competent authority for approval in accordance with Annex 14 no later than three months after the deadline for notification under Article 40 paragraph 2 or after the submission of an application to participate under Article 42. They shall use the template provided or approved by the FOEN. 2 Aircraft operators participating in the Swiss ETS shall submit a monitoring plan to the competent authority for approval in accordance with Annex 14 no later than three months after notification of the obligation to participate in accordance with Article 46d paragraph 2 for the first time. If the monitoring plan must be submitted to the FOEN, they use the template provided or approved by the FOEN. 3 The monitoring plan must meet the requirements set out in Annex 16. 4 The monitoring plan must be amended if it no longer meets the requirements of Annex 16. The amended monitoring plan must be submitted to the competent authori
Art. 51 — Amended by No I of the O of 13 Nov. 2019, in force since 1 Jan. 2020 (AS 2019 4335). Para. 1 — Amended by No I of the O of 4 May 2022, in force since 1 June 2022 (AS 2022 311). Para. 2 — Amended by No I of the O of 25 Nov. 2020, in force since 1 Jan. 2021 (AS 2020 6081). Para. 4 — Amended by No I of the O of 4 May 2022, in force since 1 June 2022 (AS 2022 311). Para. 5 — [AS 2017 3477; 2019 1477]
Art. 52 Monitoring report
1 Installation operators and aircraft operators must submit a monitoring report to the competent authority in accordance with Annex 14 for each year by 31 March of the following year. If the monitoring report must be submitted to the FOEN, the template provided or approved by the FOEN must be used. 2 The monitoring report must contain the relevant information in accordance with Annex 17. The FOEN may request additional information if required for monitoring. 3 The FOEN may require at any time that the monitoring report of installation operators be verified by an FOEN-approved verification body. 4 Aircraft operators must have their monitoring report verified by a verification body in accordance with Annex 18. 5 The monitoring report of aircraft operators with carbon emissions that fall below the thresholds set out in Article 28a paragraph 4 of Directive 2003/87/EC is deemed to be verified if the carbon emissions were measured using the instrument for small emitters in accordance with Re
Art. 52 — Amended by No I of the O of 13 Nov. 2019, in force since 1 Jan. 2020 (AS 2019 4335). Para. 1 — Amended by No I of the O of 2 April 2025, in force since 1 Jan. 2025 (AS 2025 248). Para. 5 — Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a system for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC, OJ L 275 of 25.10.2003, p. 32; last amended by Regulation (EU) 2024/795, 29.2.2024. P
Art. 53 Obligation to report changes
1 ETS participants shall inform the competent authority without delay in accordance with Annex 14 about: a. changes that could affect the emission allowances to be allocated free of charge; b. changes in contact information. 2 Aircraft operators which no longer perform flights in accordance with Annex 13 must report this to the competent authority under Annex 14 no later than three months after cessation of the relevant flight activities. 3 Installation operators that carry on an activity in accordance with Annex 6 and that are exempt from the requirement to participate in the ETS shall notify the FOEN immediately: a. if the annual greenhouse gas emissions from the installations amount to 25 000 tonnes of CO2eq or more; b. of any changes to their contact details.
Art. 53 — Amended by No I of the O of 13 Nov. 2019, in force since 1 Jan. 2020 (AS 2019 4335). Para. 3 let. b — Inserted by No I of the O of 4 May 2022, in force since 1 June 2022 (AS 2022 311).
Art. 54 Tasks of the cantons
1 The cantons shall verify whether installation operators have met their information obligations under Article 40 paragraph 2 and Article 53 paragraph 1 and 3 and whether the information provided is complete and traceable. 2 The FOEN makes the required information available to the cantons. 3 If a canton determines that the requirements of this Ordinance have not been met, it informs the FOEN without delay. 4 The FOEN may consult the cantons in order to answer questions if this is necessary in order to implement the provisions on the ETS.
Para. 1 — 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 4 May 2022, in force since 1 June 2022 (AS 2022 311).
Section 4 Obligation to Surrender Emission Allowan
Amended by No I of the O of 25 Nov. 2020, in force since 1 Jan. 2021 (AS 2020 6081).
Art. 55 Obligation
1 Each year installation operators shall surrender to the FOEN emission allowances based on the relevant greenhouse gas emissions of the installations that have been taken into account. 1bis CO2 shall not be considered a relevant greenhouse gas emission if it: a. is emitted and permanently stored geologically in Switzerland or that is chemically bonded with mineral carbonates used in construction products in accordance with the requirements of Annex 19; b. is emitted and permanently stored in a contracting party to the EEA at a geological storage site within the meaning of Chapter 3 of Directive 2009/31/EC or chemically bonded with mineral carbonates used in construction products. 2 Each year aircraft operators shall surrender emission allowances to the competent authority under Annex 14 based on the aircraft operator’s carbon emissions as recorded in accordance with Article 52. 2bis If an aircraft operator has to fulfil obligations under both the Swiss ETS and the EU ETS, the FOEN sha
Art. 55 — Amended by No I of the O of 13 Nov. 2019, in force since 1 Jan. 2020 (AS 2019 4335). Para. 1 — Amended by No I of the O of 25 Nov. 2020, in force since 1 Jan. 2021 (AS 2020 6081). Para. 1bis let. b — Directive 2009/31/EC of the European Parliament and of the Council of 23 April 2009 on the geological storage of carbon dioxide and amending Council Directive 85/337/EEC and European Parliament and Council Directives 2000/60/EC, 2001/80/EC, 2004/35/EC, 2006/12/EC and 2008/1/EC and Regulati
Art. 55a Case of hardship
1 On application, the FOEN may, in cases where European emission allowances are not recognised in the Swiss ETS in accordance with Article 4 paragraph 1 of the ETS Agreement, count European emission allowances towards meeting the obligation of an ETS participant in accordance with Article 55 if the ETS participant proves that: a. it cannot meet its surrender obligation in accordance with Article 55 unless these allowances are credited; b. it has participated in an auction of emission allowances in accordance with Article 48 and thus has made offers for the required quantity of emission allowances at market prices; c. procuring the lacking emission allowances issued by the Confederation in accordance with Article 45 paragraph 1 or Article 46e paragraph 1 outside auctions would significantly impair the ETS participant's competitiveness. 2 To assess significant impairment to competitiveness, the FOEN shall also takes account in particular of the ETS participant's receipts from the sale of
Art. 55a — Inserted by No I of the O of 8 Oct. 2014 (AS 2014 3293). Amended by No I of the O of 13 Nov. 2019, in force since 1 Jan. 2020 (AS 2019 4335). Para. 1 — SR 0.814.011.268
Art. 55b–55d
Inserted by No I of the O of 13 Nov. 2019 (AS 2019 4335). Repealed by No I of the O of 25 Nov. 2020, with effect from 1 Jan. 2021 (AS 2020 6081).
Art. 56 Non-compliance with obligations
1 If an ETS participant does not meet its obligations to surrender emission allowances by the deadline, then the FOEN shall impose a penalty in accordance with Article 21 of the CO2 Act. 2 The payment deadline is 30 days from the issue of the ruling. If a payment is late, default interest is charged. The FDF shall fix the rate of interest. 3 If an ETS participant does not surrender emission allowances by 31 January of the following year, then they shall be offset against the emission allowances allocated to the installation operator free of charge for that year.
Para. 1 — Amended by No I of the O of 25 Nov. 2020, in force since 1 Jan. 2021 (AS 2020 6081). Para. 2 — Amended by No I of the O of 4 May 2022, in force since 1 June 2022 (AS 2022 311). Para. 3 — Amended by No I of the O of 25 Nov. 2020, in force since 1 Jan. 2021 (AS 2020 6081).
Section 5 Emissions Trading Registry
Amended by No I of the O of 8 Oct. 2014, in force since 1 Dec. 2014 (AS 2014 3293).
Art. 57 Principles
1 ETS participants must have an operator account in the Emissions Trading Registry; aircraft operators under the administration of a foreign authority in accordance with Annex 14 are exempted. 2 Installation and aircraft operators participating in the European Union ETS and the other companies from the EEA admitted to bid in auctions in the European Union that wish to take part in the auction must have a personal account. 3 Importers and manufacturers of fossil motor fuels in accordance with Chapter 7 that hold emission allowances, emission-reduction certifications or attestations in the Emissions Trading Registry, or that want to trade them, must have an operator or a personal account. 4 All other companies and persons that hold emission allowances, emission-reduction certificates or attestations in the Emissions Trading Registry, or that want to trade them, must have a personal account. 5 Companies, operators and persons that receive attestations for a project or a programme in accor
Art. 57 — Amended by No I of the O of 13 Nov. 2019, in force since 1 Jan. 2020 (AS 2019 4335). Para. 3 — Amended by No I of the O of 4 May 2022, in force since 1 June 2022 (AS 2022 311).
Art. 58 Opening an account
1 An application must be made to the FOEN to open an account in accordance with Article 57. 2 The application must include: a. for installation or aircraft operators and other companies: an extract from the commercial register and a copy of the proof of identity of the person authorised to represent the operator or company; b. for natural persons: proof of identity; bbis. for competent authorities of a partner state: official confirmation from the government and a copy of the proof of identity of the person authorised to represent the operator or company; c. first names, surnames, postal and email addresses and proof of identity of the applicant; d. first names, surnames, postal address, personal email address, mobile phone number, proof of identity and criminal record certificate of at least one and no more than four authorised representatives for the account; e. first names, surnames, postal address, personal email address, mobile phone number, proof of identity and criminal record c
Art. 58 — Amended by No I of the O of 13 Nov. 2019, in force since 1 Jan. 2020 (AS 2019 4335). Para. 2 let. bbis — Inserted by No I of the O of 4 May 2022, in force since 1 June 2022 (AS 2022 311).
Art. 59 Address for service and registered office or domicile
1 Any company or person with a personal account under Article 57 must designate an address for service in Switzerland for the following persons: a. for companies, the person entitled to represent the company, or for natural persons, the account holder; b. the authorised representatives for the account; and c. the transaction validators. 2 Any operator or person with an operator or personal account under Article 57 must designate an address for service in Switzerland or in the EEA for the following persons: a. the auction agents; and b. the bid validators. 2bis Any person or company resident or based in the United Kingdom may designate an address for service in the United Kingdom for persons under paragraph 2 instead of an address for service in Switzerland or in the EEA. 3 A company that has an operator account or personal account in accordance with Article 57 must designate a registered office in Switzerland or in the EEA and hold a bank account in Switzerland or in the EEA. 4 For an
Art. 59 — Amended by No I of the O of 13 Nov. 2019, in force since 1 Jan. 2020 (AS 2019 4335). Para. 2bis — Inserted by No I of the O of 25 Nov. 2020, in force since 1 Jan. 2021 (AS 2020 6081). Para. 5 let. c — Inserted by No I of the O of 4 May 2022, in force since 1 June 2022 (AS 2022 311). Para. 5 let. c — Amended by No I of the O of 25 Nov. 2020, in force since 1 Jan. 2021 (AS 2020 6081).
Art. 59a Refusal to open an account
1 The FOEN shall refuse to open an account or record authorised representatives for the account, authorised auction agents, transaction validators and bid validators if: a. the transmitted information or documents are incomplete, incorrect or not traceable; b. the company, the managing director or one of the persons mentioned in the introductory sentence has been convicted in the previous ten years of money laundering or criminal offences against property or of other criminal offences in connection with emissions trading or the legislation on financial market infrastructures, the financing of terrorism or other serious offences where the account was misused. 2 It shall suspend the account opening or entry if an investigation is pending against the company or a person mentioned in paragraph 1 letter b due to any of the criminal offences mentioned in paragraph 1 letter b. 3 If the FOEN refuses to open an account for an installation or aircraft operator that is obliged to participate in t
Art. 59a — Inserted by No I of the O of 8 Oct. 2014 (AS 2014 3293). Amended by No I of the O of 13 Nov. 2019, in force since 1 Jan. 2020 (AS 2019 4335). Para. 3 — Amended by No I of the O of 4 May 2022, in force since 1 June 2022 (AS 2022 311).
Art. 60 Entry in the Emissions Trading Registry
1 All emission allowances, emission-reduction certificates, attestations and auction bids must be recorded in the Emissions Trading Registry. 2 Changes in the holding of emission allowances, emission-reduction certificates and attestations are valid only if they are recorded in the Emissions Trading Registry. 3 Emission-reduction certificates for the following emission reductions may not be recorded in the Emissions Trading Registry: a. long-term certified emission reductions (lCER); b. temporary certified emission reductions (tCER); c. certified emission reductions from projects for carbon capture and geological carbon sequestration (CCS). 4 The FOEN maintains a record of issuing attestations and emission allowances in the form of an electronic database.
Art. 60 — Amended by No I of the O of 8 Oct. 2014, in force since 1 Dec. 2014 (AS 2014 3293). Para. 4 — Amended by No I of the O of 25 Nov. 2020, in force since 1 Jan. 2021 (AS 2020 6081).
Art. 61 Transactions
1 Emission allowances, emission-reduction certificates and attestations are freely tradable. 2 The authorised representatives for the account, authorised auction agents and the transaction validators and bid validators have the right to secure access to the Emissions Trading Registry. 3 When ordering a transaction involving emission allowances, emission-reduction certificates or attestations, authorised representatives for the account must give details of: a. the source and destination accounts; and b. type and quantity of emission allowances, emission-reduction certificates or attestations to be transferred. 4 The emission allowances, emission-reduction certificates or attestations are transferred when the transaction validator consents to the transfer. 5 The transaction is carried out according to a standardised procedure.
Art. 61 — Amended by No I of the O of 8 Oct. 2014, in force since 1 Dec. 2014 (AS 2014 3293).
Art. 62 Registry management
1 The FOEN manages the Emissions Trading Registry electronically and records all transactions and auction bids. 2 It ensures that it is possible to reproduce all the data relevant to transactions and auction bids at any time. 3 In addition to the information submitted when an account is opened, it may also require further information at any time if necessary for the secure operation of the Registry. 4 The FOEN shall review whether the information transmitted for the account opening is still complete, current and correct at least once every three years and requires the account holder to report any changes if applicable.
Art. 62 — Amended by No I of the O of 8 Oct. 2014, in force since 1 Dec. 2014 (AS 2014 3293). Para. 4 — Inserted by No I of the O of 13 Nov. 2019, in force since 1 Jan. 2020 (AS 2019 4335).
Art. 63 Exclusion of liability
The Confederation accepts no liability for any losses incurred due to: a. errors in transactions involving emission allowances, emission-reduction certificates, attestations and auction bids; b. restricted access to the Emissions Trading Registry; c. misuse of the Emissions Trading Registry by third parties.
let. a — Amended by No I of the O of 8 Oct. 2014, in force since 1 Dec. 2014 (AS 2014 3293).
Art. 64 Account freezing and closure
1 If the Emissions Trading Registry regulations are contravened or if an investigation is pending due to an offence under Article 59a paragraph 1 letter b, then the FOEN freezes the user access or accounts concerned. The freeze lasts until such time as the regulations are adhered to or the investigation is concluded. 2 The FOEN may close accounts: a. that do not contain any emission allowances, emission-reduction certificates or attestations and that have not been used for at least a year; b. whose holder or registered user has contravened the Emissions Trading Registry regulations for at least a year; c. if the annual account management fees have not been paid for over a year. 2bis The FOEN shall from 1 January 2026 close the operator accounts of operators with a reduction obligation in accordance with Article 31 of the CO2 Act. The operators concerned may open a personal account in accordance with Article 57 paragraph 4. 3 If an account to be closed has a positive balance, the FOEN s
Art. 64 — Amended by No I of the O of 8 Oct. 2014, in force since 1 Dec. 2014 (AS 2014 3293). Para. 2 let. c — Amended by No I of the O of 13 Nov. 2019, in force since 1 Jan. 2020 (AS 2019 4335). Para. 2bis — Inserted by No I of the O of 4 May 2022, in force since 1 June 2022 (AS 2022 311). Para. 3 — Inserted by No I of the O of 13 Nov. 2019, in force since 1 Jan. 2020 (AS 2019 4335).
Art. 65 Publication of information and data protection
The FOEN may, subject to preservation of manufacturing and trade secrecy, electronically publish the following data held in the Emissions Trading Registry: a. account number; b. for the following persons, contact details and data in accordance with proof of identity: 1. persons in accordance with Article 57 paragraphs 1–4, 2. bid validators, 3. authorised auction agents, 4. authorised representatives for the account, 5. transaction validators; c. emission allowances, emission-reduction certificates and attestations per account; cbis. transactions; d. for ETS participants: installation, aircraft and emissions data, the quantity of emission allowances allocated free of charge, the quantity of emission allowances and emission-reduction certificates delivered to meet their obligation; dbis. for aircraft operators that were administered by a foreign authority before the ETS Agreement came into force: aircraft and emissions data, the quantity of emission allowances allocated free of charge,
Art. 65 — Amended by No I of the O of 13 Nov. 2019, in force since 1 Jan. 2020 (AS 2019 4335). let. d — Amended by No I of the O of 4 May 2022, in force since 1 June 2022 (AS 2022 311). let. dbis — Amended by No I of the O of 4 May 2022, in force since 1 June 2022 (AS 2022 311). let. dbis — SR 0.814.011.268 let. dter — Amended by No I of the O of 4 May 2022, in force since 1 June 2022 (AS 2022 311). let. e — Amended by No I of the O of 19 Nov. 2025, in force since 1 Jan. 2026 (AS 2025 788). let.
