Environmental Protection Act (EPA)
Inserted by No I of the FA of 21 Dec. 1995, in force since 1 July 1997 (AS 1997 1155; BBl 1993 II 1445).
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Art. 59a General provisions
1 The operator of an establishment or an installation that represents a special threat to the environment is liable for the loss or damage arising from effects that occur when this threat becomes reality. In the case of loss or damage that arises from the handling of pathogenic organisms, Article 59abis applies. 2 As a rule, the following establishments and installations are regarded as representing a special threat to the environment: a. those that the Federal Council makes subject to the implementing provisions in terms of Article 10 on the basis of the substances or organisms used or the waste produced; b. those that are used for waste disposal; c. those in which liquids which may pollute water are handled; d. those in which substances are present for which the Federal Council has introduced an authorisation requirement or other special regulations to protect the environment. 3 Any person who proves that the loss or damage was caused by force majeure or by gross negligence on the pa
Art. 60 — 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. 1 — Wording of the second sentence according to 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. 2 let. d — 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. 4 — SR 220 Para. 4 — Amended by Annex No 4 of the
Art. 59abis Pathogenic organisms
1 Persons subject to an authorisation or notification requirement who handle pathogenic organisms in a contained system, release such organisms for experimental purposes or put them into circulation without authorisation shall be liable for any loss or damage that arises from such conduct. 2 The person required to obtain authorisation is exclusively liable for any loss or damage occasioned to an agricultural or forestry establishment or customers of products from such establishments by pathogenic organisms that are authorised to be put into circulation if the organisms: a. are contained in auxiliary agents used in agriculture or forestry; or b. originate from such auxiliary agents. 3 In the case of liability under paragraph 2, recourse is reserved against persons who have handled such organisms improperly or have otherwise contributed to causing or aggravating the loss or damage. 4 If loss or damage is caused by any other pathogenic organisms that are authorised to be put into circulat
Art. 61 — Inserted 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. 2 let. a — 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. Para. 11 — SR 220
Art. 59b Guarantee
For the protection of injured parties, the Federal Council may: a. require that the operators of certain establishments or installations as well as the persons subject to an authorisation or notification requirement that handle pathogenic organisms to provide a guarantee for their potential liability through insurance or in another manner; b. determine the extent and the duration of this guarantee or leave this to the authority to decide on a case-by-case basis; c. require those providing a guarantee for liability to notify the enforcement authority of the existence, suspension and termination of the guarantee; d. provide that the guarantee must not be suspended or terminated until 60 days after receipt of the notification; e. provide that land on which a waste disposal site is situated becomes the property of the canton when the site is closed, and enact regulations concerning any compensation.
let. a — 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. 59c Prescription
1 The right to damages prescribes in accordance with Article 60 of the Code of Obligations. 2 If the loss or damage occurs due to the handling of pathogenic organisms, the right to damages prescribes three years after the injured person obtains knowledge of the loss or damage and of the identity of the person liable, but at the latest 30 years after: a. the event that caused the loss or damage occurred in the establishment or in the installation or came to an end; or b. the pathogenic organisms were put into circulation.
Art. 61b — Inserted 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. 1 — SR 220
Art. 59d Prescription of the right of recourse
The right of recourse prescribes in accordance with Article 59c. The three-year period begins to run as soon as payment of the damages has been made in full and the identity of the person jointly liable is known.
Art. 62 — Inserted 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).