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 Enforcement
Section 1 Enforcement by the Cantons
Art. 36 Enforcement powers of the cantons
Subject to the reservation of Article 41, the enforcement of this Act is the responsibility of the cantons.
Art. 37 Cantonal implementing provisions
Cantonal implementing provisions on disaster prevention (Art. 10), the environmental impact assessment (Art. 10a–10d), improvement (Art. 16–18), soundproofing of buildings (Art. 20 and 21) and waste (Art. 30–32 and 32abis–32e) require the approval of the Confederation to be valid.
Art. 37 — Amended by No I of the FA of 20 March 2006, in force since 1 July 2007 (AS 2007 2701, 2012 2389; BBl 2005 5351, 5391).
Section 2 Enforcement by the Confederation
Art. 38 Supervision and coordination
1 The Confederation supervises the enforcement of this Act. 2 It coordinates the enforcement measures of the cantons and of its own institutions and establishments. 3 The Federal Council decides on the methods of testing, measurement and calculation to be applied.
Art. 39 Implementing provisions and international law agreements
1 The Federal Council enacts the implementing provisions. 1bis In doing so, it may declare internationally harmonised technical regulations and standards to be applicable and: a. authorise the Federal Office responsible to declare subordinate amendments to these regulations and standards to be applicable; b. provide that the regulations and standards declared to be applicable are published in a specific manner and that translation into the official languages is dispensed with. 2 It may conclude international agreements on: a. technical regulations; abis. environmentally hazardous substances (Art. 26–29); b. waste avoidance and disposal; c. cooperation in frontier zones by the establishment of international commissions with advisory status; d. data collections and surveys; e. research and training. 3 …
Para. 1bis let. b — Inserted by Annex No II 2 of the Chemicals Act of 15 Dec. 2000, in force since 1 Jan. 2005 (AS 2004 4763, 2005 2293; BBl 2000 687). 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). Para. 2 let. abis — Inserted 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). Para. 2 let. b — Amended by No I of the FA of 21 Dec. 1
Art. 40 Placing series-produced installations on the market
1 The Federal Council may make placing series-produced installations on the market dependent on conformity assessments, labelling, registration or licensing according to the environmental pollution they produce. 2 It may recognise foreign tests, conformity assessments, labelling, registrations and authorisations.
Art. 40 — Amended by Annex No 2 of the FA of 6 Oct. 1995 on Technical Barriers to Trade, in force since 1 July 1996 (AS 1996 1725; BBl 1995 II 521).
Art. 41 Enforcement powers of the Confederation
1 The Confederation enforces Article 12 paragraph 1 letter e (Regulations on thermal and motor fuels), 26 (self-regulation), 27 (Information for recipients), 29 (Regulations on substances), 29a–29h (Environmentally hazardous organisms), 30b paragraph 3 (Deposit compensation fund), 30f and 30g (Import and export of waste), 31a paragraph 2 and 31c paragraph 3 (Federal waste disposal measures), 32abis–32asepties (Pre-paid disposal fee and recycling contributions), 32e paragraphs 1–4 (Charge to finance remediation), 35a–35c (Incentive taxes), 35d (Requirements for motor and thermal fuels), 35e–35h (Timber or wood products or other raw materials and products), 35i (Resource-conserving design of products and packaging), 39 (Implementing provisions and international law agreements), 40 (Placing series-produced installations on the market) and 46 paragraph 3 (Information on substances and organisms); it may require the cantons to carry out certain duties. 2 Any federal authority that enforces
Para. 1 — Amended by No III of the FA of 15 March 2024, in force since 1 Jan. 2025 (AS 2024 648; BBl 2023 13, 437). Para. 2 — SR 172.010 Para. 2 — Amended by No I 14 of the FA of 18 June 1999 on the Coordination and Simplification of Decision-making Procedures, in force since 1 Jan. 2000 (AS 1999 3071; BBl 1998 2591). Para. 3 — Amended by No I 14 of the FA of 18 June 1999 on the Coordination and Simplification of Decision-making Procedures, in force since 1 Jan. 2000 (AS 1999 3071; BBl 1998 2591
Section 2a Cooperation with the Private Sector
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. 41a
1 The Confederation and, within the scope of their responsibilities, the cantons shall cooperate with private sector organisations in enforcing this Act. 2 They may promote sectoral agreements by setting quantitative targets and deadlines for meeting them. 3 Before enacting implementing regulations, they must examine voluntary private sector measures. Wherever possible and necessary, they shall incorporate sectoral agreements into the implementing regulations in whole or in part. 4 When enacting the implementing provisions, they shall take account of voluntary measures already taken by companies, provided these have at least the same effect on environmental protection as the implementing legislation.
Para. 4 — Inserted by No I of the FA of 15 Sept. 2024, in force since 1 Jan. 2025 (AS 2024 648; BBl 2023 13, 437).
Section 3 Special Enforcement Provisions
Art. 42 Environmental protection agencies
1 The cantons shall set up a specialist agency to consider environmental questions or designate existing public agencies to carry out this task. 2 The Federal Office is the specialist agency for the Confederation.
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).
Art. 43 Delegation of enforcement duties
The enforcement authorities may entrust public corporations or private entities with enforcement duties, and in particular with control and monitoring.
Art. 43 — 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. 43a Eco-labelling and environmental management
1 The Federal Council may issue regulations on the introduction of: a. a voluntary system for an environmental label (‘eco-label’); b. a voluntary system for the evaluation and improvement of environmental protection in establishments (environmental management and auditing). 2 In so doing, it must take account of international law and internationally recognised technical standards.
Art. 43a — 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. 44 Environmental pollution surveys
1 The Confederation and the cantons conduct surveys on environmental pollution and check the effectiveness of measures taken in terms of this Act. 2 The Federal Council coordinates the federal and cantonal surveys and data collections. 3 It decides what information on substances and organisms collected in terms of the legislation on gene technology, foodstuffs, therapeutic products, chemicals, agriculture, epidemics and epizootic diseases is made available to the Federal Office.
Para. 3 — 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. 44a Action plans for air pollution
1 If several sources of air pollution cause or are expected to cause harmful effects or nuisances, the authority concerned must draw up a plan of the measures that will contribute to reducing or eliminating these effects within a set time (action plan). 2 Action plans are binding for the authorities that are entrusted with enforcement by the cantons. They must make a distinction between measures which may be ordered immediately and measures for which the legal framework still has to be enacted. 3 If a plan provides for measures which come within the area of responsibility of the Confederation, the cantons must make the necessary applications to the Federal Council.
Art. 44a — 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. 45 Regular inspections
The Federal Council may require the regular inspection of installations such as oil-fired furnaces, waste disposal facilities and construction machinery.
Art. 45 — 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. 46 Obligation to provide information
1 Everyone is obliged to provide the authorities with the information required to enforce this Act and, if necessary, to conduct or acquiesce in the conduct of enquiries. 2 The Federal Council or the cantons may order that registers be kept on air pollution, noise and vibrations, waste and its disposal, and the types, amounts and assessment of substances and organisms, and that such registers be stored and made available to the authorities on request. 3 The Federal Council may order that information be provided on substances and organisms that may present a threat to the environment or which are being put into circulation for the first time.
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). 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. 47 Information and professional secrecy
1 and 2 ... 3 All those responsible for enforcing this Act as well as experts and members of commissions and technical committees are bound by official secrecy. 4 Confidential information obtained in the implementation of this Act may be disclosed to foreign authorities and international organisations only if this is provided for in an international agreement, decisions of international organisations, or a federal act. The Federal Council regulates responsibilities and the procedure.
Art. 47 — Amended by Art. 2 No I of the FD of 27 Sept. 2013 (Aarhus Convention), in force since 1 June 2014 (AS 2014 1021; BBl 2012 4323). Para. 12 — 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). Para. 4 — 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). Para. 4 — Inserted by No I of the FA of 21 Dec. 1995, in force since 1 July 1
Art. 48 Fees
1 A fee is charged for licences, inspections and special services under this Act. 2 The rates are set by the Federal Council at federal level and by the competent authority under cantonal law at cantonal level.
Art. 48a Pilot projects
The Federal Council may issue provisions for the implementation of innovative pilot projects that derogate from this Act, provided that these provisions are limited in terms of time, place and subject matter and serve to gather experience for the further development of this Act and its enforcement.
Art. 48a — Inserted by No I of the FA of 15 Sept. 2024, in force since 1 Jan. 2025 (AS 2024 648; BBl 2023 13, 437).
Chapter 2 Promotional Measures
Art. 49 Training and research
1 The Confederation may promote the basic and continuing education and training of specialists who carry out activities related to environmental protection. 1bis In order to ensure a high-quality range of courses, it may make contributions to private organisations that offer basic and continuing education and training courses on the handling of plant protection products containing substances in accordance with Article 29. The contributions shall be based on the Confederation's interest in the fulfilment of the task and the funding options for the beneficiary organisation and amount to a maximum of 50 per cent of the eligible course costs. Financial assistance may also be paid as a lump sum based on the estimated costs of an efficiently provided service. 2 It may commission or support research studies and technology assessments. 3 It may promote the development, certification, verification and market introduction of installations and processes that can reduce pollution in the public int
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. 1 — Inserted by No I of the FA of 27 Sept. 2024, in force since 1 April 2025 (AS 2025 178; BBl 2023 239). Para. 2 — 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). Para. 3 — Inserted by No I of the FA of 21 Dec. 1995 (AS 1997 1155; BBl 1993 II 1445). Amended by No I of the FA of 15 June 2024, in force s
Art. 49a Information, advice and platforms
1 The Confederation may grant financial aid for: a. information and advisory projects related to environmental protection; b. platforms for conserving resources and improving the circular economy. 2 Financial aid may not exceed 50 per cent of the costs.
Art. 49a — 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. 50 Contributions towards environmental protection measures along roads
1 As part of the use of the net revenue from the mineral oil tax and the national highways charge, the Confederation shall contribute to the cost: a. of environmental protection measures along national roads and main roads to be upgraded with federal aid according to the provisions of the Federal Act of 22 March 1985 on the Application of the Earmarked Mineral Oil Tax (MinOA); in the case of main roads, these contributions are part of the global contributions under the MinOA; b. of noise abatement and soundproofing measures as part of the upgrading of the remainder of the road network on the basis of programme agreements with the cantons; the level of the contributions is based on the effectiveness of the measures. 2 The cantons shall report to the Confederation on the use of the contributions towards environmental protection measures along main roads that are to be upgraded with federal aid, and along other roads.
Art. 50 — Amended by No II 22 of the FA of 6 Oct. 2006 on the New System of Fiscal Equalisation and Division of Tasks between the Confederation and the Cantons (NFE), in force since 1 Jan. 2008 (AS 2007 5779; BBl 2005 6029). Para. 1 let. a — SR 725.116.2
Art. 51 Control and monitoring installations
The Confederation may contribute towards the cost of building and equipping the measuring, control and monitoring installations required to enforce this Act, provided these installations are used by two or more cantons.
Art. 52
Repealed by No I 10 of the FA of 19 March 2021 on Administrative Simplifications and Federal Budget Relief, with effect from 1 Jan. 2022 (AS 2021 654; BBl 2020 6985).
Art. 53 International cooperation on the protection of the environment
1 The Confederation may make contributions: a. to international organisations or programmes in the field of international environmental protection; b. for the implementation of international agreements on the environment; c. for the financing of the secretariats for international agreements on the environment that are permanently based in Switzerland; d. to funds that support developing and transition countries in the implementation of international agreements on the environment. 2 Contributions under paragraph 1 letter d are authorised as guarantee credits for two or more years in each case. 3 The Federal Council monitors the effective use of the funds authorised under this Act and reports to the Federal Assembly thereon.
Art. 53 — Amended by No I of the FA of 20 June 2003, in force since 1 Jan. 2004 (AS 2003 4061, 4062; BBl 2002 7911). Para. 2 — Amended by No I of the FA of 27 Sept. 2024, in force since 1 April 2025 (AS 2025 178; BBl 2023 239).
Chapter 3 Procedures
Section 1 Electronic Communication in Administrati
Inserted by No I of the FA of 27 Sept. 2024, in force since 1 April 2025 (AS 2025 178; BBl 2023 239).
Art. 53a
1 The Federal Council may stipulate that parties must file documents with the federal enforcement authority electronically if they regularly: a. file submissions in proceedings under this Act; or b. have to fulfil a notification requirement based on regulations on the protection of the environment. 2 It may recognise a different method from a qualified electronic signature for a party to confirm information when electronically filing submissions whose signature is required by law.
Section 1a Appeals
Originally Section 1. Inserted by No I of the FA of 20 Dec. 2006, in force since 1 July 2007 (AS 2007 2701; BBl 2005 5351, 5391).
Art. 54 ...
Appeal proceedings are governed by the general provisions on the administration of federal justice.
Art. 54 — Amended by Annex No 91 of the Administrative Court Act of 17 June 2005, in force since 1 Jan. 2007 (AS 2006 2197; BBl 2001 4202). Art. 54 — Repealed by No I of the FA of 20 Dec. 2006, with effect from 1 July 2007 (AS 2007 2701; BBl 2005 5351, 5391).
Section 2 Organisations’ Right of Appeal against R
Inserted by No I of the FA of 20 Dec. 2006, in force since 1 July 2007 (AS 2007 2701; BBl 2005 5351, 5391).
Art. 55 Organisations with the right to appeal
1 Environmental protection organisations have the right of appeal against rulings of the cantonal or federal authorities on the planning, construction or modification of installations for which an environmental impact assessment in terms of Article 10a is required, subject to the following requirements: a. the organisation is active in Switzerland on a national basis; b. it pursues non-profit making objects; any commercial activities must serve to achieve the non-profit making objects. 2 The right of appeal is available to organisations only for complaints in legal fields that have formed their objects in terms of their articles for a minimum of ten years. 3 The Federal Council designates the organisations that have the right to appeal. 4 The supreme executive body of the organisation is responsible for filing the appeal. 5 The organisations may authorise their legally independent cantonal and supra-cantonal subsidiary organisations to file objections and on a case-by-case basis to fil
Art. 55 — Amended by No I of the FA of 20 Dec. 2006, in force since 1 July 2007 (AS 2007 2701; BBl 2005 5351, 5391). The provision on economic activity in para. 1 let. b comes into force on 1 July 2010 (see No III para. 3 of the said amendment).
Art. 55a Notification of the ruling
1 The authority notifies the organisations of its ruling under Article 55 paragraph 1 by written notice or by publication in the Official Federal Gazette or in the cantonal organ of publication. 2 If federal or cantonal law provides for an objection procedure, applications must also be published in accordance with paragraph 1.
Art. 55a — Inserted by No I of the FA of 20 Dec. 2006, in force since 1 July 2007 (AS 2007 2701; BBl 2005 5351, 5391).
Art. 55b Loss of the right to appeal
1 Organisations that have not sought legal recourse may only participate in subsequent proceedings as a party if they are prejudiced by a change in the ruling. For compulsory purchases, the Federal Act of 20 June 1930 on Compulsory Purchase applies. 2 If an organisation has not participated in objection proceedings under federal or cantonal law, it may no longer file an appeal. 3 If an organisation has not filed a permitted complaint against a land use plan that has the character of a ruling or if the complaint has been rejected with full legal effect, the organisation may no longer file the same complaints in subsequent proceedings. 4 Paragraphs 2 and 3 also apply to objections and appeals under cantonal law against land use plans.
Art. 55b — Inserted by No I of the FA of 20 Dec. 2006, in force since 1 July 2007 (AS 2007 2701; BBl 2005 5351, 5391). Para. 1 — SR 711
Art. 55c Agreements between applicants and organisations
1 If an applicant and organisation enter into an agreement on obligations that relate to public law matters, these agreements are deemed exclusively to be joint applications to the authority. The authority takes account of the result in its ruling or in its decision. It does not take account of the result if it is defective in terms of Article 49 of the Federal Act of 20 December 1968 on Administrative Procedure. 2 Agreements between applicants and organisations on financial or other benefits are not permitted if they are intended for: a. the enforcement of public law obligations, and in particular requirements imposed by authorities; b. measures that are not provided for under public law or which have no connection with the project; c. compensation for a waiver of legal action or for any other procedural conduct. 3 The appeal authority does not consider an appeal if it constitutes an abuse of the law or if the organisation has demanded unlawful benefits in terms of paragraph 2.
Art. 55c — Inserted by No I of the FA of 20 Dec. 2006, in force since 1 July 2007 (AS 2007 2701; BBl 2005 5351, 5391). Para. 1 — SR 172.021
Art. 55d Early start to construction work
Construction work may begin before conclusion of the proceedings provided the outcome of the proceedings cannot have any influence on the work.
Art. 55d — Inserted by No I of the FA of 20 Dec. 2006, in force since 1 July 2007 (AS 2007 2701; BBl 2005 5351, 5391).
Art. 55e Procedural costs
If the organisation loses the proceedings, it is liable for the costs of conducting the appeal before the federal authorities.
Art. 55e — Inserted by No I of the FA of 20 Dec. 2006, in force since 1 July 2007 (AS 2007 2701; BBl 2005 5351, 5391).
Section 3 Organisations’ Right of Appeal against t
Inserted by No I of the FA of 20 Dec. 2006, in force since 1 July 2007 (AS 2007 2701; BBl 2005 5351, 5391).
Art. 55f
1 Environmental protection organisations have a right of appeal against any authorisation for putting pathogenic organisms in circulation for lawful use in the environment, subject to the following requirements: a. The organisation is active in Switzerland on a national basis. b. It was established at least ten years prior to the filing of the appeal. 2 The Federal Council designates the organisations that have the right to appeal. 3 The Articles 55a and 55b paragraphs 1 and 2 apply.
Section 4 Public Authority Appeals and Appeals by
Inserted by No I of the FA of 20 Dec. 2006, in force since 1 July 2007 (AS 2007 2701; BBl 2005 5351, 5391).
Art. 56 Public authority appeal
1 The Federal Office has the right of appeal under federal and cantonal law against rulings by the cantonal authorities made on the basis of this Act and its implementing provisions. 2 The cantons also have this right in cases where effects from neighbouring cantons on their territory are a matter of contention. 3 …
Para. 1 — Amended by No I 14 of the FA of 18 June 1999 on the Coordination and Simplification of Decision-making Procedures, in force since 1 Jan. 2000 (AS 1999 3071; BBl 1998 2591). Para. 3 — Repealed by Annex No 91 of the Administrative Court Act of 17 June 2005, with effect from 1 Jan. 2007 (AS 2006 2197, 1069; BBl 2001 4202).
Art. 57 Appeal by communal authorities
Communes have the right of appeal under federal and cantonal law against rulings by the cantonal and federal authorities made on the basis of this Act if they are affected by such rulings and have a legitimate interest in having them reversed or amended.
Art. 58 Compulsory purchase
1 Where enforcement of this law so requires, the Confederation and the cantons have a right of compulsory purchase or may assign this right to third parties. 2 The cantons may declare the Federal Act of 20 June 1930 on Compulsory Purchase Act to be applicable in their implementing provisions. They shall provide that the cantonal government decide on objections that remain in dispute. 3 Federal legislation on compulsory purchase applies to projects located on the territory of more than one canton. The Federal Department of the Environment, Transport, Energy and Communications decides on the compulsory purchase in such cases.
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. 2 — SR 711 Para. 2 — Amended by Annex No 17 of the FA of 19 June 2020, in force since 1 Jan. 2021 (AS 2020 4085; BBl 2018 4713). 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. 58a Cost of safety and remedial measures
The cost of measures taken by the authorities to prevent imminent pollution of the environment, to establish its existence, or to remedy it are charged to the person responsible for the pollution.
Art. 58a — Originally Art. 59. Amended by No I of the FA of 21 Dec. 1995, in force since 1 July 1997 (AS 1997 1155; BBl 1993 II 1445).