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. 30 Principles
1 Any person subject to the authorisation or notification requirement who handles genetically modified organisms in contained systems, releases such organisms for experimental purposes or puts them into circulation without permission is liable for any loss or damage that occurs during this handling that is due to the genetic modification. 2 The person subject to the authorisation requirement is solely liable for any loss or damage that occurs to agricultural or forestry enterprises or to consumers of products of these enterprises through the permitted putting into circulation of genetically modified organisms that is a result of the modification of genetic material if the organisms: a. are contained in agricultural or forestry inputs; or b. stem from such inputs. 3 In relation to liability under paragraph 2, recourse against persons who have handled such organisms inappropriately or have otherwise contributed to the occurrence or exacerbation of the loss or damage is reserved. 4 If any
Para. 2 let. a — Expression in accordance with No I 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 text. Para. 9 — SR 220
Art. 31 Damage to the environment
1 The person who is liable for handling genetically modified organisms must also reimburse the costs of necessary and appropriate measures that are taken to repair destroyed or damaged environmental components, or to replace them with components of equal value. 2 If the destroyed or damaged environmental components are not the object of a right in rem or if the eligible person does not take the measures that the situation calls for, the damages are awarded to the community responsible.
Art. 32 Limitation
1 The right to claim damages expires after three years from the time when the injured party becomes aware of the loss or damage and of the person liable, but at the latest after 30 years from: a. the time that the event that caused the loss or damage occurred in the company or installation, or ended; or b. the date on which the genetically modified organisms were put into circulation. 2 The right to recourse is also limited in accordance with paragraph 1. The three-year term begins as soon as damages have been paid in full and the person who shares liability is known.
Art. 33 Simplification of proof
1 It is the responsibility of the person claiming damages to prove a causal connection. 2 If this proof cannot be provided with certainty or if production of proof cannot be expected of the claimant, the court may satisfy itself on the balance of probabilities. The court may also have the facts determined ex officio.
Art. 34 Guarantee
The Federal Council may, to protect the injured party: a. require the person subject to the notification or authorisation requirement to provide a guarantee for their liability by taking out insurance or in some other way; b. set the scope and 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 the liability to notify the enforcement authority of the existence, suspension or cessation of the guarantee; d. require that the guarantee is not suspended or does not cease until 60 days after receipt of the notification.