Ordinance on Air Pollution Control (OAPC) (OAPC)
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Section 1 Enforcement
Art. 35 Enforcement by the cantons
Subject to the provisions of Article 36, the cantons shall be responsible for enforcement of this Ordinance.
Art. 36 Enforcement by the Confederation
1 The Confederation shall enforce the provisions concerning: a. market surveillance for construction machines and particle filter systems, and machines and equipment with internal combustion engines (Article 37); b. control of thermal and motor fuels on import and on placing on the market (Article 38). 2 When applying other federal acts or international agreements or resolutions relating to matters regulated by this Ordinance, federal authorities shall also enforce this Ordinance. Cooperation of the FOEN and the cantons is governed by Article 41 paragraphs 2 and 4 of the Act; these provisions are subject to legal requirements concerning secrecy. 3 The Federal Department of the Environment, Transport, Energy and Communications may order implementing and supplementary provisions, particularly concerning: a. methods of testing, measurement and calculation; b. type-approval; c. stacks. 4 The Confederation shall carry out surveys of the air pollution situation and trends in Switzerland as a
Para. 1 let. a — Amended by No I of the O of 20 Oct. 2021, in force since 1 Jan. 2022 (AS 2021 632). Para. 1 let. b — Amended by No I of the O of 14 Oct. 2015, in force since 16 Nov. 2015 (AS 2015 4171). Para. 1 let. b — Amended by No I of the O of 18. June 2010, in force since 15 July 2010 (AS 2010 2965). Para. 2 — Amended by No II 13 of the O of 2 Feb. 2000 to the Federal Act on the Coordination and Simplification of Decision-Making Procedures, in force since 1 March 2000 (AS 2000 703). Para.
Art. 37 Market surveillance for construction machines and their particle filter systems, and machines and equipment with internal combustion engines
1 The FOEN shall monitor compliance with the regulations concerning placing construction machines, particle filter systems, and machines and equipment with internal combustion engines on the market. It shall monitor in particular: a. whether the information given in the declaration of conformity is correct; or b. whether the internal combustion engines of the machines and equipment which bear an approval mark conform to the type-approved engine or to the type-approved engine family. 2 It may entrust control tasks to public entities and private specialist organisations. 3 If the installations controlled do not meet the requirements, the FOEN shall order the necessary measures. In serious cases, it may prohibit further offering or marketing, or request the modification of installations already marketed.
Art. 37 — Amended by No I of the O of 18 June 2010, in force since 15 July 2010 (AS 2010 2965). Art. 37 — Amended by No I of the O of 20 Oct. 2021, in force since 1 Jan. 2022 (AS 2021 632). Para. 1 — Amended by No I of the O of 20 Oct. 2021, in force since 1 Jan. 2022 (AS 2021 632). Para. 1 let. b — Amended by No I of the O of 11 April 2018, in force since 1 June 2018 (AS 2018 1687).
Art. 38 Thermal and motor fuels
1 The customs authorities shall take samples of thermal and motor fuels which are imported or supplied by domestic refineries. They shall either submit the samples to a laboratory designated by the FOEN or analyse them themselves. 2 The customs authorities or the laboratory shall report the results of the tests to the FOEN. 3 The FOEN shall verify compliance with the regulations on placing thermal and motor fuels on the market by testing samples. 4 If the FOEN establishes that an importer or dealer is repeatedly importing or placing on the market thermal or motor fuels which fail to meet the quality requirements in Annex 5, it shall inform the competent cantonal prosecution authorities and, if applicable, the customs authorities.
Para. 1 — Amended by No I of the O of 23 June 2004, in force since 1 Jan. 2005 (AS 2004 3561). Para. 2 — Amended by No I of the O of 23 June 2004, in force since 1 Jan. 2005 (AS 2004 3561). Para. 3 — Amended by No I of the O of 14 Oct. 2015, in force since 16 Nov. 2015 (AS 2015 4171). Para. 4 — Inserted by No I of the O of 14 Oct. 2015, in force since 16 Nov. 2015 (AS 2015 4171).
Art. 39 Air pollution surveys
1 The surveys of the air pollution situation and trends in Switzerland as a whole shall be carried out by the FOEN. 2 The Swiss Federal Institute for Materials Testing and Research (EMPA) in Dübendorf shall operate the National Air Pollution Monitoring Network (NABEL) on behalf of the FOEN.
Art. 39a Geoinformation
The FOEN shall specify the minimal geodata models and presentation models for official geodata in accordance with this Ordinance for which it is designated as the competent federal authority in Annex 1 of the Ordinance of 21 May 2008 on Geoinformation.
Art. 39a — Inserted by Annex 2 No 8 of the O of 21 May 2008 on Geoinformation, in force since 1 July 2008 (AS 2008 2809). SR 510.620
Section 2 Amendment and Repeal of Existing Legisla
Art. 40
Repealed by No IV 30 of the O of 22 Aug. 2007 on the Formal Revision of Federal Legislation, with effect from 1 Jan. 2008 (AS 2007 4477).
Art. 41 Repeal of existing legislation
The Ordinance of 10 December 1984 on Air Pollution Control Measures for Combustion Installations is repealed.
[AS 1984 1516]
Section 3 Transitional Provisions
Art. 42
1 Installations which require a construction permit or planning permission shall be regarded as new installations if no binding decision has been taken regarding the construction permit or planning permission at the time this Ordinance enters into force. 2 Within two years after the commencement of this Ordinance, the authorities shall issue the retrofitting ruling in accordance with Articles 8 and 9, if possible for all cases, but at least for the most urgent cases where retrofitting is required. 3 In cases of existing excessive ambient air pollution levels, action plans shall be prepared in accordance with Article 31 within three years after the commencement of this Ordinance.
Section 3a …
Art. 42a
Inserted by No I of the O of 11 April 2018 (AS 2018 1687). Repealed by No I of the O of 20 Oct. 2021, with effect from 1 Jan. 2022 (AS 2021 632).
Section 4 Commencement
Art. 43
This Ordinance comes into force on 1 March 1986.
