Environmental Protection Act (EPA)
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Chapter 1 Air Pollution, Noise, Vibrations and Rad
Section 1 Emissions
Art. 11 Principles
1 Air pollution, noise, vibrations and radiation are limited by measures taken at their source (limitation of emissions). 2 Irrespective of the existing environmental pollution, as a precautionary measure emissions are limited as much as technology and operating conditions allow, provided that this is economically acceptable. 3 Emissions are limited more strictly if the effects are found or expected to be harmful or a nuisance, taking account of the existing level of environmental pollution.
Art. 12 Limitation of emissions
1 Emissions are limited by issuing: a. emission limit values; b. regulations on construction and equipment; c. traffic or operating regulations; d. regulations on the heat insulation of buildings; e. regulations on thermal and motor fuels. 2 Limits are prescribed by ordinance or, in cases where an ordinance makes no such provision, by rulings based directly on this Act.
Section 2 Ambient Pollution Levels
Art. 13 Ambient limit values
1 The Federal Council stipulates by ordinance the ambient limit values for assessing harmful effects or nuisances. 2 In doing so, it also takes account of the effects of pollution levels on particularly sensitive groups such as children, the sick, the elderly and pregnant women.
Art. 14 Ambient limit values for air pollution
The ambient limit values for air pollution must be set so that, in the light of current scientific knowledge and experience, ambient air pollution below these levels: a. does not endanger people, animals or plants, their biological communities and habitats; b. does not seriously affect the well-being of the population; c. does not damage buildings; d. does not harm soil fertility, vegetation or waters.
Art. 15 Ambient limit values for noise and vibrations
Ambient limit values for noise and vibrations must be set so that, in the light of current scientific knowledge and experience, ambient noise below these levels will not seriously disturb the well-being of the population.
Section 3 Improvements
Art. 16 Obligation to make improvements
1 Installations which do not comply with the provisions of this Act or with the environmental provisions of other federal acts must be improved. 2 The Federal Council enacts provisions on installations, the extent of the measures to be taken, the time limits and procedures. 3 Before ordering major improvement works, the authorities must request the operator of the installation to submit improvement proposals. 4 In urgent cases, the authorities must order improvements as a precautionary measure. In an emergency, they may order the shutdown of the installation.
Art. 17 Concessions in individual cases
1 The authorities must grant concessions if any improvement under Article 16, paragraph 2 is disproportionate in a particular case. 2 The ambient limit values for air pollutants and the alarm values for ambient noise levels must not, however, be exceeded.
Para. 2 — Amended by No I 10 of the FA of 17 March 2017 on the Stabilisation Programme 2017–2019, in force since 1 Jan. 2018 (AS 2017 5205; BBl 2016 4691).
Art. 18 Structural alteration or extension of installations requiring improvement
1 Installations requiring improvement may be altered or extended only if they are improved at the same time. 2 Concessions granted under Article 17 may be qualified or revoked.
Section 4 Additional Regulations for Protection ag
Art. 19 Alarm values
In order to assess the urgency of improvements (Art. 16 para. 2, and Art. 20), the Federal Council may set alarm values for ambient noise levels that are higher than the ambient limit values (Art. 15).
Art. 20 Soundproofing of existing buildings
1 If ambient noise levels in existing buildings near existing roads, airports, railway installations or other public or licensed fixed installations cannot be reduced to below the alarm values by measures taken at their source, the owners of the buildings concerned are required to protect areas used for long-stay accommodation by providing soundproof windows or by other similar building measures. 2 The owners of fixed installations emitting noise bear the cost of the required soundproofing measures unless they can prove that when the planning application was made for the building in question: a. the ambient limit values were already being exceeded; or b. the installation plans had already been made public.
Art. 21 Soundproofing of new buildings
1 Any person who wishes to construct a building for use as long-stay accommodation must take adequate soundproofing measures to protect it against internal and external noise and against vibration. 2 The Federal Council determines the minimum protection required by ordinance.
Art. 22 Building permits in areas affected by noise
1 Subject to paragraph 2, building permits for the construction or substantial alteration of buildings intended for use as long-stay accommodation shall be issued, only if the ambient limit values can be complied with, insofar as this is proportionate. 2 If the ambient limit values cannot be met, a building permit may only be issued if: a. for each residential unit: 1. a controlled ventilation system is installed to ventilate and extract air from noise-sensitive rooms, and – a cooling system is installed, or – at least one noise-sensitive room has a window that complies with the ambient limit values, 2. at least half of the noise-sensitive rooms have a window that complies with the ambient limit values, or 3. at least one noise-sensitive room has a window that complies with the ambient limit values, and there is an outdoor area available for private use in which the ambient limit values are complied with; and b. the minimum soundproofing measures to protect against external and interna
Art. 22 — Amended by No I of the FA of 27 Sept. 2024, in force since 1 April 2026 (AS 2025 178; 2026 113; BBl 2023 239).
Art. 23 Planning values
The Federal Council lays down maximum planning values for the planning of new building zones and for protection against noise from new fixed installations. These planning values are lower than the ambient limit values.
Art. 24 Standards for building zones
1 Building zones intended for residential buildings or for other buildings intended as long-stay accommodation may only be designated if the planning values can be met. 2 In building zones, amendments to land-use plans intended to create additional housing may only be approved if the ambient limit values are complied with. 3 Notwithstanding paragraphs 1 and 2, building zones may be designated or amendments made to land-use plans within building zones if: a. there is an overriding interest in development within the building zone; b. within the building zone or in its vicinity, there is an open space suitable for recreational use that is accessible to the local population and commensurate with the density and type of use of the zone; and c. measures are planned, particularly in relation to road infrastructure, buildings and their surroundings, to ensure an appropriate quality of life in terms of noise levels.
Art. 24 — Amended by No I of the FA of 27 Sept. 2024, in Force since 1 April 2026 (AS 2025 178; 2026 113; BBl 2023 239).
Art. 25 Construction of fixed installations
1 New fixed installations may be constructed only if the ambient noise levels emitted from these installations alone do not exceed the planning values in the surrounding area; the planning authority may request a forecast of noise levels. 2 Concessions may be granted if the installation is of overriding public benefit, in particular in relation to spatial planning, and compliance with the planning values would place a disproportionate burden on the project. However, subject to paragraph 3, the ambient limit values must not be exceeded in this case. 3 If ambient limit values cannot be met during the construction of new roads, airports, railway installations or other public or licensed fixed installations by measures taken at source, buildings affected by the noise must be protected by soundproof windows or other similar building measures and the owner of the installation must bear the costs.
Para. 2 — Amended by No I of the FA of 21 Dec. 1995, in force since 1 July 1997 (AS 1997 1155; BBl 1993 II 1445).
Chapter 2 Environmentally Hazardous Substances
Art. 26 Self-regulation
1 Putting substances into circulation for uses where, when handled correctly, they, their derivatives or waste may present a danger to the environment or indirectly endanger people is prohibited. 2 To this end, the manufacturer or importer is responsible for their own self-regulation. 3 The Federal Council issues regulations on the nature, extent and supervision of the self-regulation.
Para. 1 — Amended by No I of the FA of 21 Dec. 1995, in force since 1 July 1997 (AS 1997 1155; BBl 1993 II 1445). Para. 3 — Amended by No I of the FA of 21 Dec. 1995, in force since 1 July 1997 (AS 1997 1155; BBl 1993 II 1445).
Art. 27 Information for recipients
1 Any person who puts substances into circulation must: a. inform recipients about their environment-related properties; b. provide recipients with instructions so that, when the substances are handled correctly, they do not present a danger to the environment or indirectly endanger people. 2 The Federal Council issues regulations on the nature, content and extent of the information given to recipients.
Art. 27 — Amended by No I of the FA of 21 Dec. 1995, in force since 1 July 1997 (AS 1997 1155; BBl 1993 II 1445). Para. 2 — Amended by Annex No II 2 of the Chemicals Act of 15 Dec. 2000, in force since 1 Aug. 2005 (AS 2004 4763, 2005 2293; BBl 2000 687).
Art. 28 Environmentally safe handling
1 Substances may only be handled in such a way that they, their derivatives or their waste cannot present a danger to the environment or indirectly endanger people. 2 Instructions from manufacturers or importers must be complied with.
Art. 28 — Amended by No I of the FA of 21 Dec. 1995, in force since 1 July 1997 (AS 1997 1155; BBl 1993 II 1445).
Art. 29 Federal Council regulations
1 The Federal Council may enact regulations on substances which, due to their properties, method of use or the quantities used, may present a danger to the environment or indirectly endanger people. 2 These regulations relate in particular to: a. substances that enter the environment due to their intended purpose, such as herbicides and pesticides, including wood preservatives and stock preservatives, fertilisers, growth regulators, road salts and propellants; b. substances or their derivatives that can accumulate in the environment, such as chlorinated organic compounds and heavy metals.
Chapter 3 Handling Organisms
Inserted by No I of the FA of 21 Dec. 1995 (AS 1997 1155; BBl 1993 II 1445). Amended by Annex No 4 of the Gene Technology Act of 21 March 2003, in force since 1 Jan. 2004 (AS 2003 4803; BBl 2000 2391).
Art. 29a Principles
1 Organisms must be handled in such a way that they, their metabolic products or wastes: a. cannot endanger the environment or people; b. do not harm biological diversity or its sustainable use. 2 The handling of genetically modified organisms is governed by the Gene Technology Act of 21 March 2003. 3 Regulations in other federal acts that serve to protect people’s health against immediate danger from organisms are reserved.
Para. 2 — SR 814.91
Art. 29b Activities in contained systems
1 Any person who handles pathogenic organisms that he may not release for experimental purposes (Art. 29c) or put into circulation for uses in the environment (Art. 29d) must take all the containment measures required, in particular due to the risk that the organisms represent to the environment and to people. 2 The Federal Council shall introduce a notification or authorisation requirement for handling of pathogenic organisms. 3 For certain pathogenic organisms and activities, the Federal Council may provide for a simplification of the notification or authorisation requirement or for exemptions if, in the light of current scientific knowledge or experience, an infringement of the principles contained in Article 29a is excluded.
Art. 29c Experimental releases
1 Any person who wishes for experimental purposes to release pathogenic organisms that may not be put into circulation for uses in the environment (Art. 29d) requires the authorisation of the Confederation. 2 The Federal Council determines the requirements and the procedure. It regulates in particular: a. the consultation with specialists; b. the financial guarantee for measures by which any effects causing damage or nuisance may be detected, averted or eliminated; c. the information provided to the general public. 3 For certain pathogenic organisms, it may provide for a simplification of the authorisation requirement or for exemptions if, in the light of current scientific knowledge or experience, an infringement of the principles contained in Article 29a is excluded.
Art. 29d Putting into circulation
1 Organisms may not be put into circulation for uses in which the principles contained in Article 29a are infringed despite their being handled in accordance with the relevant provisions. 2 The manufacturer or importer carries out its own self-regulation for this purpose. The Federal Council enacts regulations on the nature, extent and supervision of the self-regulation. 3 Pathogenic organisms may be put into circulation for uses in the environment only with the authorisation of the Confederation. 4 The Federal Council determines the requirements and the procedure and regulates the information provided to the general public. For certain pathogenic organisms, it may provide for a simplification of the authorisation requirement or for exemptions if, in the light of current scientific knowledge or experience, an infringement of principles contained in Article 29a is excluded.
Art. 29dbis Objection procedure
1 Applications for authorisations under Articles 29c paragraph 1, 29d paragraph 3 and 29f paragraph 2 letter b shall be published by the issuing authority in the Federal Gazette and made available for public inspection for 30 days. 2 Any person who is a party in accordance with the Federal Act of 20 December 1968 on Administrative Procedure may file an objection with the issuing authority during the public inspection period. Persons who fail to file an objection are excluded from any further proceedings.
Art. 29dbis — Inserted by No II 1 of the FA of 19 March 2010, in force since 1 Aug. 2010 (AS 2010 3233; BBl 2009 5435). Para. 2 — SR 172.021
Art. 29e Information to recipients
1 Any person who puts organisms into circulation must: a. inform recipients of properties of the organisms that are of significance to the application of principles contained in Article 29a; b. provide recipients with instructions so that handling according to the provisions will not result in any breach of the principles contained in Article 29a. 2 Instructions from manufacturers and importers must be complied with.
Art. 29f Further Federal Council regulations
1 The Federal Council shall issue further regulations on handling of organisms, their metabolic products and wastes if, due to their properties, the form of their use or the quantity used, the principles contained in Article 29a may be breached. 2 It may in particular: a. regulate the transport and the import, export and transit of the organisms; b. declare handling certain organisms to be subject to authorisation, or restrict or prohibit such handling; c. stipulate measures to combat certain organisms or to prevent their occurrence; d. stipulate measures to prevent any harm to biological diversity and its sustainable use; e. require long-term studies into the handling of certain organisms; f. require public hearings in connection with licensing procedures.
Art. 29g Advisory committees
The Swiss Expert Committee for Biosafety and the Federal Ethics Committee on Non-human Biotechnology (Art. 22 and 23 of the Gene Technology Act of 21 March 2003) advise the Federal Council on the issue of regulations and on the enforcement of provisions on organisms.
SR 814.91
Art. 29h
Repealed by Art. 2 No I of the FD of 27 Sept. 2013 (Aarhus Convention), with effect from 1 June 2014 (AS 2014 1021; BBl 2012 4323).
Chapter 4 Waste
Originally Chapter 3. Amended by No I of the FA of 21 Dec. 1995, in force since 1 July 1997 (AS 1997 1155; BBl 1993 II 1445).
Section 1 Avoidance and Disposal of Waste
Art. 30 Principles
1 The production of waste should be avoided wherever possible. 2 Waste must be recovered wherever possible. 3 Waste must be disposed of in an environmentally compatible way and, insofar as this is possible and reasonable, within Switzerland.
Art. 30a Avoidance
The Federal Council may: a. prohibit putting products intended for once-only, short-term use into circulation if the benefits of such use do not justify the harm to the environment that they cause; b. prohibit the use of substances and organisms that considerably hamper disposal or the disposal of which may represent a danger to the environment; c. require manufacturers to avoid production waste where there is no known environmentally compatible process for its disposal.
Art. 30b Collection
1 The Federal Council may require certain types of waste that are suitable for recovery or that need special treatment to be handed over separately for disposal. 2 It may require those who put products into circulation that are suitable for recovery or need special treatment: a. to accept the return such products back after use; b. to charge a minimum deposit and to refund this when the product is returned. 3 It may arrange for the establishment of a deposit compensation fund and specifically require: a. those who put products into circulation on which deposits are paid to pay any surplus from the deposit charges into the compensation fund; b. the surplus to be used to cover losses from refunding deposits and to encourage the return of products on which deposits are paid.
Art. 30c Treatment
1 Waste intended for deposit in a landfill must be treated so that it contains as little organic bound carbon as possible and is as insoluble as possible in water. 2 Waste must not be burned other than in incineration plants; the foregoing does not apply to the burning of natural forest, field and garden waste provided that this causes no excessive ambient pollution levels. 3 The Federal Council may issue further regulations on treatment for specific types of waste.
Art. 30d Recovery
1 Waste must be reused or materially recovered if this is technically possible and economically viable and has less impact on the environment than an alternative form of disposal or the manufacture of new products. 2 In accordance with the principles set out in paragraph 1, the following in particular must be recovered: a. recoverable metals from waste, wastewater and exhaust air treatment residues; b. recoverable parts from uncontaminated excavated material destined for landfill; c. phosphorus from sewage sludge and from animal and bone meal and food waste; d. waste suitable for composting or fermentation; e. nitrogen from wastewater treatment plants. 3 If material recovery is not possible in accordance with the conditions in paragraph 1, the waste must be prioritised first for material/energy recovery, and secondly for energy recovery only. 4 The Federal Council shall determine the quantity of phosphorus to be returned to the economic circuit from municipal wastewater or from sewage
Art. 30d — Amended by No I of the FA of 15 June 2024, in force since 1 Jan. 2025 (AS 2024 648; BBl 2023 13, 437).
Art. 30e Depositing in landfills
1 Waste may be deposited only in landfills. 2 Any person wishing to set up or operate a landfill requires authorisation from the relevant canton; this will be issued only if he furnishes proof that the site is necessary. The types of waste that may be deposited on the site are specified in the authorisation.
Art. 30f Handling of special waste
1 The Federal Council enacts regulations on handling of waste whose environmentally compatible disposal requires special measures (special waste). It also regulates the import, export and transit of such waste, paying special attention to the interests of regional cross-border cooperation as well as to the environmental impact of disposal facilities in Switzerland and abroad. It may also enact regulations for companies which from within Switzerland organise or are involved in handling of special waste. 2 It requires, in particular, that special waste: a. must be marked as such for transfer within Switzerland as well as for import, export and transit; b. may be handed over in Switzerland only to companies with authorisation in terms of letter d; c. may be exported only with authorisation from the Federal Office; d. may be accepted or imported only by companies with authorisation from the canton. 3 These authorisations are granted if environmentally compatible disposal is guaranteed. 4 …
Para. 4 — Repealed by No I 2 of the FA of 21 Dec. 2007 on the Abolition and Simplification of Licensing Procedures, with effect from 1 June 2008 (AS 2008 2265; BBl 2007 315).
Art. 30g Handling of other forms of waste
1 The Federal Council may enact regulations in accordance with Article 30f paragraphs 1 and 2 on handling of other forms of waste, if environmentally compatible disposal is not guaranteed. 2 …
Para. 2 — Repealed by No I 2 of the FA of 21 Dec. 2007 on the Abolition and Simplification of Licensing Procedures, with effect from 1 June 2008 (AS 2008 2265; BBl 2007 315).
Art. 30h Waste disposal facilities
1 The Federal Council enacts technical and organisational regulations on waste disposal facilities. 2 The authority may set a time limit for the operation of waste disposal facilities.
Section 2 Waste Management and the Disposal Obliga
Art. 31 Waste management
1 The cantons draw up a waste management plan. In particular, they establish their requirements for waste disposal facilities, avoid over-capacity, and decide on the sites for the waste disposal facilities. 2 They notify the Confederation of their waste management plan.
Art. 31a Cooperation
1 The cantons cooperate on waste management and disposal. They avoid over-capacity in waste disposal facilities. 2 If they cannot agree, they must submit proposed solutions to the Confederation. If mediation by the Confederation does not lead to agreement, the Federal Council may order the cantons: a. to determine the areas from which waste must be delivered to the installations for treatment, recovery or deposit in landfills (catchment areas); b. to determine sites for waste disposal facilities; c. to make suitable waste disposal facilities available to other cantons; where necessary, it determines how costs are to be shared.
Art. 31b Disposal of municipal waste
1 Municipal waste, waste from the maintenance of public roads and from public waste water treatment as well as waste generated by persons unknown or unable to pay is disposed of by the cantons. For waste that must be recovered by the holder or the return of which must be accepted by third parties in accordance with special federal regulations, the duty of disposal is governed by Article 31c. 2 The cantons determine the catchment areas for these forms of waste and ensure that the waste disposal facilities are operated economically. 3 The holder must hand over the waste for collection by the services organised by the cantons or deliver it to the collection points determined by the cantons. 4–6 … 7 Even small amounts of waste, such as packaging or cigarette ends, must not be discarded or left lying around outside the designated collection points. The cantons may grant exemptions from this ban for events requiring a licence.
Para. 2 — Amended by No II of the FA of 20 June 1997, in force since 1 Nov. 1997 (AS 1997 2243; BBl 1996 IV 1217). Para. 46 — Will come into force at a later date. Para. 7 — Inserted by No I of the FA of 15 March 2024, in force since 1 Aug. 2026 (AS 2024 648; 2026 356; BBl 2023 13, 437).
Art. 31c Disposal of other waste
1 Any other form of waste must be disposed of by its holder. He may instruct third parties to dispose of it. 2 Where necessary, the cantons may facilitate disposal of this waste by appropriate means. They may, in particular, determine catchment areas. 3 If the disposal of this waste requires only a few catchment areas in the whole of Switzerland, the Federal Council may determine them.
Section 3 Financing of Disposal
Art. 32 Principles
1 The holder of the waste bears the cost of its disposal, except for waste for which the Federal Council regulates the bearing of the cost in some other way. 2 If the holder cannot be identified or if he cannot fulfil his obligation under paragraph 1 because he is unable to pay, the cantons bear the cost of disposal.
Art. 32a Financing for municipal waste
1 The cantons ensure that the cost of disposing of municipal waste, insofar as it is their responsibility, is passed on to those responsible for producing the waste through fees or other charges. In organising the charges, the following factors in particular are taken into account: a. the nature and the quantity of the waste handed over; b. the costs of the construction, operation and maintenance of the waste disposal facilities; c. the depreciation required to preserve the value of such installations; d. the interest; e. the planned investment requirements for maintenance, improvements and replacements, for adaptation to statutory requirements and operational optimisation. 2 If imposing cost-covering charges on those responsible for the waste jeopardises the environmentally sustainable disposal of municipal waste, disposal may be financed differently to the extent required. 3 The operators of the waste disposal facilities must form the required financial reserves. 4 The principles for
Art. 32a — Inserted by No II of the FA of 20 June 1997, in force since 1 Nov. 1997 (AS 1997 2243; BBl 1996 IV 1217).
Art. 32abis Financing via organisations commissioned by the Confederation
1 The Federal Council may require manufacturers, importers and foreign online retail companies which put products into circulation in Switzerland which, after use by a large number of holders, become waste and have to be given special treatment or are suitable for recovery to pay a prepaid disposal fee to a private organisation appointed and supervised by the Confederation. This fee shall be used to finance the disposal of the waste by private individuals or public corporations. 1bis A foreign online retail company is a company that offers products for sale online on a professional or commercial basis, delivers these products or has them delivered to consumers in Switzerland, and has neither a registered office, domicile nor a permanent establishment in Switzerland. 2 The Federal Council shall set the minimum and maximum amount of the fee on the basis of the cost of disposal. Within this framework, the Federal Department of the Environment, Transport, Energy and Communications shall de
Art. 32abis — Originally Art. 32a. Art. 32abis — Amended by No I of the FA of 15 June 2024, in force since 1 Jan. 2025 (AS 2024 648; BBl 2023 13, 437). Para. 1 — Amended by No I of the FA of 15 June 2024, in force since 1 Jan. 2025 (AS 2024 648; BBl 2023 13, 437). Para. 1bis — Inserted by No I of the FA of 15 Sept. 2024, in force since 1 Jan. 2025 (AS 2024 648; BBl 2023 13, 437). Para. 2 — The designation of the administrative entity was amended according to Art. 16 para. 3 of the Publication O
Art. 32ater
Comes into force at a later date ((AS 2024 648; BBl 2023 13, 437).
Art. 32aquater Ensuring payment of statutory charges
The Federal Council shall take measures, in particular by imposing an obligation to designate a representative in Switzerland, to ensure that foreign online retail companies fulfil their obligations to pay charges. In doing so, it shall take Switzerland’s international obligations into account.
Art. 32aquater — Inserted by No I of the FA of 15 Sept. 2024, in force since 1 Jan. 2025 (AS 2024 648; BBl 2023 13, 437).
Art. 32aquinquies Joint and several liability of the representative
If the obligation to designate a representative in Switzerland is determined as a measure under Article 32aquater, this representative shall be jointly and severally liable for the fee under Article 32abis and for the contribution under Article 32ater.
Art. 32aquinquies — Inserted by No I of the FA of 15 Sept. 2024, in force since 1 Jan. 2025 (AS 2024 648; BBl 2023 13, 437).
Art. 32asexies Electronic platform operators
1 If an electronic platform operator enables products to be put into circulation in accordance with Article 32abis or Article 32ater by bringing foreign online retail companies into contact with consumers in order to conclude a contract on the platform, the operator shall be responsible for providing the private organisation or private sector organisation with information and details on the fee and contribution obligations. 2 The operator is obliged to inform users of its electronic platform of their fee and contribution obligations in accordance with Articles 32abis and 32ater. 3 An electronic platform operator is anyone who operates a platform in accordance with Article 20a of the Value Added Tax Act of 12 June 2009.
Art. 32asexies — Inserted by No I of the FA of 15 Sept. 2024, in force since 1 Jan. 2025 (AS 2024 648; BBl 2023 13, 437). Para. 3 — SR 641.20
Art. 32asepties Administrative measures
1 The Federal Office may take administrative measures against persons liable to pay fees or contributions if they fail to fulfil their obligations under Articles 32abis–32aquinquies. 2 It may impose the following administrative measures: a. publication of the names of persons or entities liable to pay fees or contributions; b. an import ban on their products; c. temporary seizure of the products at the border and auctioning of these products; d. temporary seizure of the products at the border and handover of these products free of charge to a charitable organisation; e. temporary seizure of the products at the border and destruction of these products if they are damaged, pose a safety or environmental risk or have been imported illegally. 3 After expenses have been deducted, the proceeds from the auction in accordance with paragraph 2 letter c shall be allocated to the private organisation in accordance with Article 32abis or the private sector organisation in accordance with Article 3
Art. 32asepties — Inserted by No I of the FA of 15 Sept. 2024, in force since 1 Jan. 2025 (AS 2024 648; BBl 2023 13, 437).
Art. 32aocties Consideration of regulations of Switzerland’s main trading partners
When implementing Articles 32abis–32asepties, the Federal Council shall take into account the regulations of Switzerland’s main trading partners.
Art. 32aocties — Inserted by No I of the FA of 15 Sept. 2024, in force since 1 Jan. 2025 (AS 2024 648; BBl 2023 13, 437).
Art. 32b Financial guarantee for landfills
1 Any person who operates or wishes to operate a landfill must guarantee that the costs of closure, after-care and remediation are covered by making reserves, by taking out insurance or in some other way. 2 If the operator of the landfill is himself the guarantor, he must notify the authority annually of the amount of the guarantee. 3 If a third party acts as guarantor, he must notify the authority of the existence, suspension and termination of the guarantee. The Federal Council may provide that the guarantee must not be suspended or terminated until 60 days after receipt of the notification. 4 The Federal Council may enact regulations on the guarantee. In particular, it may: a. determine its scope and duration or leave this to the authority to decide on a case-to-case basis; b. make provision for the land on which the landfill is situated to become the property of the canton when the site is closed, and enact regulations concerning any compensation.
Art. 32bbis Financing in the case of excavation material from polluted sites
1 If the proprietor of land removes material from a polluted site that does not require to be disposed of in terms of remediation under Article 32c, he may normally claim reimbursement of two thirds of additional costs of the investigation and disposal of the material from the persons responsible for the pollution and the previous proprietors of the site if: a. the persons responsible have not paid any compensation for the pollution or the previous proprietors did not grant any reduction of the price on the sale of the land due to the pollution; b. the removal of the material is required for the construction or alteration of buildings; and c. the proprietor acquired the property between 1 July 1972 and 1 July 1997. 2 The claim may be filed in the civil court at the location of the property. The relevant civil procedure code applies. 3 Claims under paragraph 1 may be filed at the latest by 1 November 2021.
Art. 32bbis — Inserted by No I of the FA of 16 Dec. 2005, in force since 1 Nov. 2006 (AS 2006 2677; BBl 2003 5008, 5043).
Section 4 Remediation of Polluted Sites
Amended by No I of the FA of 16 Dec. 2005, in force since 1 Nov. 2006 (AS 2006 2677; BBl 2003 5008, 5043).
Art. 32c Obligation to remediate
1 The cantons shall ensure that the following sites are remediated if such sites lead to harmful effects or nuisances or if there is a clear risk that such effects may arise: a. landfills and other sites polluted by waste (polluted sites); b. public children's playgrounds and public green spaces where the soil is contaminated with environmentally hazardous substances and where small children regularly play. 1bis The cantons may provide financial support for remediating private children's playgrounds and private gardens if: a. the soils of these sites are contaminated with environmentally hazardous substances and young children regularly play on them; and b. these locations lead to harmful effects or nuisances or there is a clear risk that such effects will arise. 2 The cantons shall draw up a register of polluted sites that is accessible to the public. 3 They may investigate, monitor and remediate polluted sites themselves or instruct third parties to do so if: a. this is required to a
Para. 1 let. b — Amended by No I of the FA of 27 Sept. 2024, in force since 1 April 2025 (AS 2025 178; BBl 2023 239). Para. 1bis let. b — Inserted by No I of the FA of 27 Sept. 2024, in force since 1 April 2025 (AS 2025 178; BBl 2023 239). Para. 4 — Inserted by No I of the FA of 27 Sept. 2024, in force since 1 April 2025 (AS 2025 178; BBl 2023 239).
Art. 32d Responsibility for costs
1 The person responsible bears the costs of the measures required to investigate, monitor and remediate polluted sites. 2 If two or more persons are responsible, they bear the costs according to their shares of the responsibility. The first to bear the costs is the person who caused the measures to be needed through his conduct. Any person who is responsible simply as the proprietor of the site does not bear any costs if, by exercising the required care, he could not have had any knowledge of the pollution. 3 The public authority concerned bears the share of the costs of any person responsible who cannot be identified or is unable to pay. 4 The authority issues a ruling on the allocation of costs if any person responsible so requests or if the authority is carrying out the measures itself. 5 If an investigation of a site entered in the register (Art. 32c para. 2) or for which an entry is planned reveals that the site is not polluted, the public authority concerned bears the costs of th
Art. 32dbis Security for costs
1 The authority may request the person responsible to provide appropriate security to cover his probable share of the costs of investigation, monitoring and remediation where a polluted site is expected to cause harmful effects or nuisances. 2 The amount of the security is fixed in particular on the basis of the extent, nature and intensity of the pollution. It is adjusted if justified on the basis of improved knowledge of the situation. 3 The sale or division of immovable property on which a site is located that is entered in the register of polluted sites requires the authority's authorisation. Authorisation is granted if: a. no harmful effects or nuisances are expected from the site; b. security is provided for the costs of the expected measures; or c. there is an overriding public interest in the sale or in the division. 4 The cantonal authority may have the entry in the register of polluted sites noted in the land register entry for the property in question.
Art. 32dbis — Inserted by No I of the FA of 22 March 2013, in force since 1 Nov. 2013, para. 3 and 4 in force since 1 July 2014 (AS 2013 3241; BBl 2012 9391, 9403).
Art. 32e Charge to finance measures
1 The Federal Council may require that a charge be paid to the Confederation: a. by the operator of a landfill on the deposit of waste in the landfill; b. by any person who exports waste for deposit in a landfill, on the export of waste. 1bis In the case of landfills in which only non-contaminated waste is deposited, a charge may only be required if it is necessary in order to fund the recovery of such waste. 2 The Federal Council determines the rates of the charge, taking special account of the expected costs and the various types of landfill. The maximum rates of the charge are as follows: a. for waste deposited in Switzerland: 1. in the case of landfills for non-contaminated or lightly contaminated waste: CHF 8/t, 2. in the case of other landfills: CHF 25/t; b. for waste deposited abroad: 1. in the case of underground landfills: CHF 30/t, 2. in the case of other landfills: as much as it would cost to deposit the waste in a landfill in Switzerland. 2bis The Federal Council may adjust
Para. 1bis — Inserted by No I of the FA of 26 Sept. 2014, in force since 1 April 2015 (AS 2015 865; BBl 2014 3673, 3685). Para. 2 let. b let. 2 — Amended by No I of the FA of 26 Sept. 2014, in force since 1 April 2015 (AS 2015 865; BBl 2014 3673, 3685). Para. 2bis — Inserted by No I of the FA of 26 Sept. 2014, in force since 1 April 2015 (AS 2015 865; BBl 2014 3673, 3685). Para. 36… — Repealed by No I of the FA of 27 Sept. 2024, with effect from 1 April 2025 (AS 2025 178; BBl 2023 239).
Art. 32ebis Federal payments
1 The Confederation shall use the income from the charges collected in accordance with Article 32e to pay the costs of investigating sites that prove not to be contaminated (Art. 32d para. 5) if the investigations are completed by 31 December 2045. 2 The Confederation shall use the income from the charges collected in accordance with Article 32e to pay the costs of investigating polluted sites on which no waste has been deposited since 31 January 2001, provided the need for monitoring and remediation has been assessed by 31 December 2032 and: a. the person responsible cannot be identified or is insolvent; the foregoing does not apply to the sites referred to in paragraphs 6–8; or b. a significant proportion of the waste deposited on the site is municipal waste. 3 The Confederation shall use the income from the charges collected in accordance with Article 32e to pay the costs of investigating sites polluted by a waste incineration plant and on which no waste has been deposited since 1 S
Art. 32ebis — Inserted by No I of the FA of 27 Sept. 2024, in force since 1 April 2025 (AS 2025 178; BBl 2023 239).
Art. 32eter Amount of payments and collecting the charge
1 The payments in accordance with Article 32ebis shall only be made if the measures taken are environmentally compatible and cost-effective and correspond to the state of the art. They are paid to the cantons in accordance with the expenditure incurred and amount to: a. for payments in accordance with Article 32ebis paragraph 1: 40 per cent of the chargeable costs; b. for payments in accordance with Article 32ebis paragraphs 2 and 4 letter b: 1. 40 per cent of the chargeable costs for sites where no waste has been deposited since 31 January 1996, 2. 30 per cent of the chargeable costs for sites on which waste was deposited after 31 January 1996, but has not been since 31 January 2001; c. for payments in accordance with Article 32ebis paragraphs 3 and 5: 40 per cent of the chargeable costs; d. for payments in accordance with Article 4ebis paragraph 4: 1. 60 per cent of the chargeable costs for sites where no waste has been deposited since 31 January 1996, 2. 30 per cent of the chargeabl
Art. 32eter — Inserted by No I of the FA of 27 Sept. 2024, in force since 1 April 2025 (AS 2025 178; BBl 2023 239).
Chapter 5 Soil Pollution
Originally Chapter 4. Amended by No I of the FA of 21 Dec. 1995, in force since 1 July 1997 (AS 1997 1155; BBl 1993 II 1445).
Art. 33 Measures against soil pollution
1 For the long-term preservation of soil fertility, measures against chemical and biological soil pollution must be laid down in the implementing regulations to the Federal Act on the Protection of Water of 24 January 1991, on disaster management, on air pollution control, on environmentally hazardous substances and organisms, on waste and on incentive taxes. 2 The soil may be physically affected only to the extent that its fertility is not durably degraded; this does not apply to land used for building. The Federal Council may issue regulations or recommendations on measures against physical impacts such as erosion or compaction.
Para. 1 — SR 814.20 Para. 1 — Amended by Annex No 4 of the Gene Technology Act of 21 March 2003, in force since 1 Jan. 2004 (AS 2003 4803; BBl 2000 2391).
Art. 34 Stricter measures against soil pollution
1 If soil fertility in certain areas is no longer guaranteed in the long term, the cantons must, in agreement with the Confederation, introduce to the required extent stricter regulations on requirements for sewage infiltration, limitation of emissions for installations, the use of substances and organisms or physical impacts on soil. 2 If the soil pollution endangers humans, animals or plants, the cantons must restrict the use of the soil to the required extent. 3 If the soil is intended for horticultural, agricultural or forestry use and it is impossible to cultivate it in a normal way in that location without endangering humans, animals or plants, the cantons must enact measures to reduce the soil pollution at least to such an extent that non-hazardous cultivation is possible.
Para. 3 — Expression in German version in accordance with No II 1 of the FA of 19 March 2010, in force since 1 Aug. 2010 (AS 2010 3233; BBl 2009 5435). This amendment has been made throughout the Act.
Art. 35 Guide values and soil remediation values
1 The Federal Council may set guide values and soil remediation values for assessing pollution of the soil. 2 The guide values indicate the pollution level above which, in the light of current scientific knowledge or experience, soil fertility is no longer guaranteed in the long term. 3 The soil remediation values indicate the pollution level above which, in the light of current scientific knowledge or experience, certain uses are not possible without endangering humans, animals or plants.
Chapter 6 Incentive Taxes
Inserted by No I of the FA of 21 Dec. 1995, in force since 1 July 1997 (AS 1997 1155; BBl 1993 II 1445).
Art. 35a Volatile organic compounds
1 Any person who imports volatile organic compounds or any person who, as a manufacturer, puts such compounds into circulation or uses them himself must pay an incentive tax to the Confederation. 2 The import of such compounds in paints and varnishes is also subject to the tax. The Federal Council may make the import of such compounds in other mixtures or articles subject to the tax if the quantities of these compounds are such as to pollute the environment to a considerable extent or if these compounds account for a significant proportion of the cost of the product. 3 Volatile organic compounds are exempt from the tax if: a. they are used as motor or thermal fuels; b. they are in transit or being exported; c. they are used or treated in such a way that they are not released into the environment. 4 The Federal Council may grant tax relief to the extent of the additional costs incurred for volatile organic compounds which are so used or treated that their emissions are reduced to substa
Art. 35b
Repealed by No I of the FA of 27 Sept. 2024, with effect from 1 April 2025 (AS 2025 178; BBl 2023 239).
Art. 35bbis
Inserted by No I of the FA of 20 June 2003 (AS 2003 4215; BBl 2002 6464). Repealed by No I of the FA of 27 Sept. 2024, with effect from 1 April 2025 (AS 2025 178; BBl 2023 239).
Art. 35c Tax liability and procedure
1 The persons liable for the tax on volatile organic compounds are those liable to pay tax on imports under the Customs Act of 18 March 2005 as well as manufacturers and producers in Switzerland. 2 If the conditions for exemption cannot be proved until after the tax has been collected, the taxes are refunded. The Federal Council may stipulate the requirements of proof and refuse a refund if this would cause disproportionate costs. 3 The Federal Council stipulates the procedure for the collection and refund of the tax on volatile organic compounds. In the case of import or export, the relevant procedural provisions of the customs legislation apply. 4 Any person who in Switzerland produces substances or organisms that are subject to the tax must declare them.
Para. 1 — SR 631.0 Para. 1 — Amended by No I of the FA of 27 Sept. 2024, in force since 1 April 2025 (AS 2025 178; BBl 2023 239). Para. 3 — Amended by Annex 2 No 6 of the Mineral Oil Tax Act of 21 June 1996, in force since 1 Jan. 1997 (AS 1996 3371; BBl 1995 III 137). Para. 3bis… — Inserted by Annex 2 No 6 of the Mineral Oil Tax Act of 21 June 1996 (AS 1996 3371; BBl 1995 III 137). Repealed by No I of the FA of 27 Sept. 2024, with effect from 1 April 2025 (AS 2025 178; BBl 2023 239).
Chapter 7 Reduction of the Environmental Impact ca
Inserted by the Annex to the FA of 21 March 2014, in force since 1 Aug. 2016 (AS 2016 2661; BBl 2013 5737, 5783). Amended by No I of the FA of 15 June 2024, in force since 1 Jan. 2025 (AS 2024 648; BBl 2023 13, 437).
Section 1 Biogenic Motor and Thermal Fuels
Inserted by No II of the Federal Act of 20 Dec. 2019 on the extension of the time limit for tax relief for natural gas, liquefied petroleum gas and biogenic fuels and on the amendment of the Federal Act on the Reduction of CO2 Emissions (RO 2020 1269; 2022 262; BBl 2019 5679, 5813; 2021 2252, 2254). Amended by Annex No 4 of the FA of 15 March 2024, in force since 1 Jan. 2025 (AS 2024 376; BBl 2022 2651). Amended by No I of the FA of 15 June 2024, in force since 1 Jan. 2025 (AS 2024 648; BBl 2023
Art. 35d
1 Renewable thermal and motor fuels may only be put into circulation if they meet certain ecological requirements. 2 Renewable thermal and motor fuels that are produced from foodstuffs or animal feed or that directly compete with the production of foodstuffs may not be put into circulation. This does not apply to mass-balanced renewable thermal and motor fuels that meet the ecological requirements. 3 The Federal Council shall stipulate the ecological requirements. In doing so, it shall take account of comparable international regulations and standards. 4 It may stipulate ecological requirements for putting into circulation other thermal and motor fuels that generate significantly lower greenhouse gas emissions than conventional fossil thermal and motor fuels. 5 It may provide that the requirements under this Article do not apply to: a. ethanol used for thermal purposes; b. renewable thermal and motor fuels that are only put into circulation in small quantities. 6 It may provide for fur
Section 2 Cultivation, Extraction and Production o
Inserted by No I of the FA of 27 Sept. 2019, in force since 1 Jan. 2022 (AS 2021 614; BBl 2019 1251). Amended by No I of the FA of 15 June 2024, in force since 1 Jan. 2025 (AS 2024 648; BBl 2023 13, 437).
Art. 35e Requirements for putting into circulation
1 Putting timber and wood products into circulation for the first time where such products have not been harvested or traded in accordance with the regulations of the country of origin is prohibited. 2 The Federal Council shall lay down the requirements for putting timber and wood products into circulation in line with the rules of the European Union. 3 In line with international standards, it may impose requirements for putting other raw materials and products into circulation or prohibit their being put into circulation if their cultivation, extraction or production significantly pollutes the environment or significantly jeopardises the sustainable use of natural resources.
Art. 35f Duty of care
1 Any person who puts timber or wood products or other raw materials and products specified by the Federal Council pursuant to Article 35e paragraph 3 into circulation for the first time must exercise the required care to ensure that the goods meet the requirements under Article 35e. 2 The Federal Council regulates: a. the nature, content and scope of the duty of care; b. the monitoring of compliance with the duty of care; c. the recognition of organisations that support and verify compliance with the duty of care, and the monitoring of their activities. 3 It may impose a notification requirement on those who put timber or wood products into circulation for the first time. 4 It may provide for the return, seizure or forfeiture of timber or wood products and other raw materials and products that it specifies pursuant to Article 35e paragraph 3 in cases of infringement of paragraphs 1 and 2 and of Article 35e. It may also provide for a ban on the marketing of timber and wood products in
Art. 35g Traceability and declaration
1 Traders must document the supplier from which they have obtained timber or wood products and the purchaser to which they have supplied them; the Federal Council may impose a documentation requirement for timber or wood products and other raw materials and products that it specifies pursuant to Article 35e paragraph 3. 2 Any person who supplies timber or wood products to consumers must declare the type of timber and its origin. The Federal Council shall determine the timber and wood products to which this declaration obligation applies.
Art. 35h Data processing
1 The authorities or third parties entrusted with the implementation of this Act or with the control or supervision of its implementation may process personal data, including sensitive personal data relating to administrative or criminal sanctions, in so far as is necessary to implement this section. 2 The domestic authorities may disclose personal data, including sensitive personal data relating to administrative or criminal sanctions, to foreign authorities and international institutions for the purpose of implementing the provisions of the European Union concerning the putting into circulation of timber and wood products.
Section 3 Resource-conserving Design of Products a
Inserted by No I of the FA of 15 Sept. 2024, in force since 1 Jan. 2025 (AS 2024 648; BBl 2023 13, 437).
Art. 35i
1 Depending on the environmental impact caused by products and packaging, the Federal Council may lay down requirements for putting them into circulation, in particular with regard to: a. usability and service life, availability of spare parts and reparability of products; b. avoiding harmful effects and increasing resource efficiency during their life cycle; c. uniform, comparable, visible and comprehensible labelling and information; d. introduction of a repair index. 2 When implementing paragraph 1, the Federal Council shall take account of the regulations of Switzerland’s main trading partners.
Section 4 Resource-conserving Construction
Inserted by No I of the FA of 15 Sept. 2024, in force since 1 Jan. 2025 (AS 2024 648; BBl 2023 13, 437).
Art. 35j
1 As part of a comprehensive, building- and life cycle-based sustainability assessment in accordance with the environmental impact caused by buildings and taking account of Switzerland’s international obligations, the Federal Council may set requirements for: a. the use of environmentally friendly building materials and components; b. the use of building materials that originate from the material recovery of construction waste; c. the removability of buildings; and d. the reuse of components in buildings. 2 The Confederation shall act as a role model in the planning, construction, operation, renovation and removal of its own buildings. It shall take account of increased requirements for resource-saving construction and innovative solutions.