Gene Technology Act (GTA)
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Art. 20 Enforcement powers
1 The Confederation enforces this Act. The Federal Council enacts implementing regulations. 2 The Federal Council may delegate certain enforcement tasks under this Act to the cantons insofar as these tasks have not already been allocated to them under other federal acts, relating in particular to the handling of articles and products. 3 The Federal Council may also pass on certain enforcement tasks to organisations and persons under public or private law. 4 The costs of measures that the authorities take to avert immediate hazards or harm, and the costs incurred in determining and remediating the same are passed on to the perpetrator.
Art. 21 Coordination of enforcement
1 The federal authority carrying out the enforcement of regulations on genetically modified organisms on the basis of another federal act or an international treaty, is also responsible in doing so for enforcing this Act. The federal authorities make their decisions with the agreement of the other federal agencies concerned and, where federal law provides, after consulting the cantons concerned. 2 If the handling of genetically modified organisms is subject, in addition to a federal notification or authorisation procedure, to a cantonal planning and authorisation procedure, the Federal Council designates a competent authority to coordinate these procedures.
Art. 22 Swiss Expert Committee for Biosafety
1 The Federal Council appoints a Swiss Expert Committee for Biosafety, comprising experts from the various interested sectors. The interests of protection and use must be appropriately represented. 2 The Expert Committee advises the Federal Council on issues of biosafety that arise in enacting regulations, and the authorities on their enforcement. It is consulted on authorisation applications. It may publish recommendations on these applications; in important and justified cases, it may commission expert opinions and inquiries. 3 It collaborates with other federal and cantonal committees concerned with issues of biotechnology. 4 It engages in public dialogue, and makes periodic reports to the Federal Council about its activities.
Art. 23 Federal Ethics Committee on Non-human Biotechnology
1 The Federal Council appoints a Federal Ethics Committee on Non-human Biotechnology. It comprises ethicists from outside the government and other persons from a range of subject areas who have scientific or practical knowledge of ethics. Different ethical approaches must be represented in the Committee. 2 The Committee pursues and evaluates from an ethical point of view the developments and applications of biotechnology and issues statements on associated scientific and social issues from an ethical point of view. 3 It advises: a. the Federal Council on enacting regulations; b. federal and cantonal authorities on enforcement. In particular, it issues statements on authorisation applications or planned research of fundamental or exemplary significance; for this purpose it may view documents, request information and consult further experts. 4 It collaborates with other federal and cantonal committees concerned with issues of biotechnology. 5 It engages in public dialogue on ethical issu
Art. 24 Duty to provide information; confidentiality
1 Every person is obliged to provide the information required for enforcement to the authorities and if necessary to carry out or permit inquiries. 2 The Federal Council may require registers with data about the type, quantity and evaluation of genetically modified organisms to be kept, stored and made available at the request of the authorities. 3 The Confederation carries out surveys of the handling of genetically modified organisms. The Federal Council determines which data about genetically modified organisms, recorded in pursuance of other federal acts, must be provided to the federal authority carrying out the survey. 4 Where there is a legitimate interest in keeping data secret, such as information about trade and manufacturing secrets, such data is treated as confidential.
Art. 24a Environmental monitoring
1 The Confederation shall organise the development and operation of a monitoring system that can detect the undesirable spread of genetically modified organisms and identify at an early stage potential effects on the environment and biological diversity of genetically modified organisms and their transgenic genetic material. 2 The cantons shall provide the Confederation with available information and data that is of significance to the environmental monitoring.
Art. 24a — Inserted by No I of the FA of 16 June 2017, in force since 1 Jan. 2018 (AS 2017 6667; BBl 2016 6521).
Art. 25 Fees
The Federal Council sets the fees for enforcement by the federal authorities and may determine the framework for cantonal fees. It may grant exemptions from fee payment.
Art. 26 Promotion of research, public dialogue and education
1 The Confederation may commission or support research and technology assessments. 2 It promotes public knowledge and public dialogue concerning the uses, opportunities and risks of biotechnology. 3 It may promote the basic and continuing education and training of persons entrusted with tasks under this Act.
Para. 3 — The amendment in accordance with the Federal Act of 20 June 2014 on Continuing Education and Training, in force since 1 Jan. 2017, relates only to the French and Italian texts (AS 2016 689; BBl 2013 3729).