Timber Trade Ordinance (TTO)
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Art. 12 Entry of data in the information system and access
1 The FOEN shall operate an information system in which it enters the following data: a. data on the activity of initial operators, traders and inspection bodies; b. results of checks; c. data on the investigation, opening, status and outcome of criminal proceedings; d. data on the imposition, status and outcome of administrative measures. 2 The cantons shall have access to the information system and shall enter data in it insofar as this is necessary for enforcement under Article 15 paragraph 3.
Art. 13 FA-CITES information system
In cases referred to in the final clause of Article 5 paragraph 1 letter g, the FOEN may, as part of the checks that it performs in accordance with Article 15 paragraph 2, request the Federal Food Safety and Veterinary Office to provide it with information from the FA-CITES information system pursuant to Article 21 of the Federal Act of 16 March 2012 on the Trade in Protected Animal and Plant Species.
SR 453
Art. 14 Disclosure of data to foreign authorities and international institutions
1 The FOEN is the competent authority for disclosing data to foreign authorities and international institutions. 2 It may disclose to the competent administrative authorities of the European Union and of the member states of the European Economic Area personal data concerning initial operators, traders and inspection bodies, including sensitive personal data on administrative or criminal sanctions that are required to enforce the European Union provisions on placing timber and wood products on the market.
Chapter 5 Enforcement
Art. 15 Enforcement by the FOEN and the cantons
1 The FOEN shall enforce this Ordinance. 2 It shall check whether initial operators and traders as well as recognised inspection bodies are complying with their obligations under this Ordinance; in the case of initial operators and traders, the checks shall be risk-based. 3 The cantons are responsible for checks on initial operators of timber that is harvested in Switzerland.
Art. 16 Involvement of the Federal Office for Customs and Border Security
1 At the FOEN’s request, the Federal Office for Customs and Border Security (FOCBS) shall check whether the obligations under Articles 5–7 are being met in respect of the import of timber and wood products. 2 If there is any suspicion of any violation, the FOCBS has the right to detain the goods. In this case, it shall call in the FOEN. The FOEN shall carry out further investigations and take the necessary action. 3 The FOEN may request the FOCBS to provide the details needed to enforce this Ordinance contained in customs declarations.
Art. 17 Duties of disclosure and tolerance
1 On request, initial operators, traders and inspection bodies must provide the competent authorities with the information required for enforcement and grant them access to their facilities and premises. 2 The initial operators, traders and inspection bodies must enter the required documents in the information system mentioned in Article 12 paragraph 1 if so requested by the FOEN.
Art. 18 Seizure and forfeiture
1 The FOEN and the cantons may seize timber or wood products from initial operators if there are reasonable grounds for suspecting that the timber has been illegally harvested or illegally traded or that the wood products are derived from such timber. 2 They shall set a deadline by which the initial operator must dispel this suspicion. 3 If the suspicion is not dispelled within the deadline, the seized timber or wood products shall be forfeited.
Art. 19 Seized and forfeited products
1 Seized products shall be temporarily stored in a suitable place at the expense of the initial operator. 2 Forfeited products shall be: a. taken to an institution determined by the FOEN or to another suitable place; b. sold; or c. destroyed, for example by means of energy recovery.
Art. 20 Fees
FOEN rulings, checks and services are subject to the fees laid down in the FOEN Fees Ordinance of 3 June 2005.
SR 814.014
Art. 21 Adaptation of the Annexes
The Federal Department of the Environment, Transport, Energy and Communications shall update Annexes 1 and 2 in line with the EU provisions.