Waters Protection Ordinance (WPO) (WPO)
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 Measures
Amended by No I 13 of the O of 7 Nov. 2007 on the New System of Fiscal Equalisation and the Division of Tasks between the Confederation and Cantons, in force since 1 Jan. 2008 (AS 2007 5823).
Art. 52 Nitrogen removal at wastewater treatment plants
1 The amount of the global compensatory payments made for installations and equipment for nitrogen removal (Art. 61 para. 1 WPA) is governed by the number of tonnes of nitrogen removed each year. 2 Insofar as it is necessary to comply with international agreements or decisions of international organisations, the extent and complexity of the measures may also be taken into account. 3 The amount of the global compensatory payments shall be agreed between the FOEN and the canton concerned.
Art. 52 — Amended by No I of the O of 4 Nov. 2015, in force since 1 Jan. 2016 (AS 2015 4791).
Art. 52a Elimination of organic trace substances at wastewater plants
1 Compensatory payments in respect of measures to eliminate organic trace substances under Article 61a paragraph 1 WPA shall be made to the cantons on a case-by-case basis. 2 If the measure giving rise to the compensatory payment is not implemented within five years of payment being assured, the assurance is no longer valid. 3 If sewers are constructed instead of installations and equipment to eliminate organic trace substances, the maximum costs allowable are those that could have arisen in the event of measures being taken at the wastewater treatment plant itself. 4 Before the authority decides on the measure, it shall consult the FOEN.
Art. 52a — Inserted by No I of the O of 4 Nov. 2015, in force since 1 Jan. 2016 (AS 2015 4791).
Art. 53 Waste disposal installations
Compensatory payments made in respect of waste disposal installations eligible for financial contributions (Art. 62 paras 1 and 2 WPA) shall be made on a case-by-case basis for planning, initial establishment and extension.
Art. 54 Measures in agriculture
1 The amount of the global compensatory payments made in respect of measures in agriculture (Art. 62a WPA) is governed by the properties and the number of kilograms of the substances that are prevented from washing away or leaching each year. 2 For measures that result in changes in farm structures, the level is also governed by the allowable costs. 3 The amount of the global compensatory payments shall be agreed between the Federal Office for Agriculture (FOAG) and the canton concerned.
Art. 54a Planning of rehabilitation measures
1 The amount of the global compensatory payments made for planning measures to rehabilitate waters (Art. 62b para. 1 WPA) is governed by the length the bodies of water to which the plan relates. 2 The amount of the global compensatory payments shall be agreed between the FOEN and the canton concerned.
Art. 54a — Inserted by No I of the O of 4 May 2011, in force since 1 June 2011 (AS 2011 1955).
Art. 54b Implementation of rehabilitation measures
1 The amount of the global compensatory payments for measures to rehabilitate waters (Art. 62b para. 1 WPA) is governed by: a. the length of the stretch of water that is to be rehabilitated or is opened by the removal of obstructions; b. the width of the channel bed of the watercourse; c. the width of the space provided for the waters that are to be rehabilitated; d. the benefits of rehabilitation for nature and the landscape in comparison with the probable costs; e. the benefits of rehabilitation for recreation; f. the quality of the measures. 2 The amount of the global compensatory payments shall be agreed between the FOEN and the canton concerned. 3 Compensatory payments may be made individually if the measures: a. cost more than five million francs; b. have a supracantonal impact or concern border waters; c. affect protected zones or properties listed in national inventories; d. require a complex or special expert assessment due to the possible alternatives or for other reasons; or
Art. 54b — Inserted by No I of the O of 4 May 2011, in force since 1 June 2011 (AS 2011 1955). See also the Transitional Provision to this amendment at the end of the text. Para. 6 — SR 721.100
Art. 55 Initial procurement studies
1 Compensatory payments for ascertaining the causes of inadequate water quality in an important body of water with a view to carrying out remediation measures (Art. 64 para. 1 WPA) will be paid on a case-by-case basis insofar as the projects concern the state of the body of water and its tributaries. 2 The compensatory payments for the provision of fundamentals amount to 30 per cent of the allowable costs and those for the inventories on water supply installations and groundwater resources (Art. 64 para. 3 WPA) 40 per cent of the allowable costs.
Art. 56 Training of specialists and provision of information to the public
1 Financial assistance for the training of specialists (Art. 64 para. 2 WPA) amounts to: a. a maximum of 25 per cent of the costs; b. a maximum of 40 per cent of the costs in the case of projects that are particularly expensive given the number of probable participants. 2 Financial assistance for the provision of information to the public (Art. 64 para. 2 WPA) may be granted to projects if: a. they are of significance for Switzerland as a whole; and b. provided the information documents are made available for distribution throughout Switzerland. 3 The financial assistance for the provision of information to the public amounts to: a. a maximum of 40 per cent the costs for the preparation of documents; b. a maximum of 20 per cent the costs for the conduct of information campaigns. 4 The FOEN shall grant financial assistance for the training of specialists and for the provision of information to the public on a case-by-case basis.
Art. 57 Risk guarantee
1 A risk guarantee for promising new forms of installations and equipment (Art. 64a WPA), that perform a public service may be granted provided company guarantees are not available. 2 The risk guarantee applies to the costs incurred in rectifying defects or if necessary for the reconstruction of the installations and equipment in the first five years after beginning operations must, provided they are not made necessary through the fault of the person responsible for the installation or equipment. 3 The risk guarantee amounts to at least 20 but no more than 60 per cent of the costs in accordance with paragraph 2. 4 For the procedure, Articles 61c and 61d apply by analogy.
Art. 58 Allowable costs
1 Allowable costs are those costs that are genuinely incurred and are directly connected with implementing projects giving rise to entitlement to financial contributions. 2 The costs of the following are allowable for compensatory payments pursuant to Articles 52 and 52a: a. the construction of installations and equipment for nitrogen removal; b. the measures to eliminate organic trace substances; c. the construction and operations of pilot project installations to implement measures to remove nitrogen and eliminate organic trace substances; d. the construction of sewers instead of installations and equipment to remove nitrogen and eliminate organic trace substances. 3 Costs that are not allowable under Articles 52 and 52a are in particular fees and taxes and the cost of acquiring land. 4 The costs of the following are allowable for compensatory payments pursuant to Article 54b: a. compiling the basic data and planning measures; b. implementing measures; c. acquiring land, easements an
Art. 58 — Amended by Annex No 3 of the Hydraulic Engineering O of 25 June 2025, in force since 1 Aug. 2025 (AS 2025 450).
Section 2 Procedure for Making Global Compensatory
Amended by No I 13 of the O of 7 Nov. 2007 on the New System of Fiscal Equalisation and the Division of Tasks between the Confederation and Cantons, in force since 1 Jan. 2008 (AS 2007 5823).
Art. 59 Application
1 The canton shall submit the application for global compensatory payments to the competent federal office (Art. 60 para. 1). 2 The application must include information on: a. the programme goals to be achieved and in the case of compensatory payments for measures in agriculture information on the goals to be achieved in the canton as a whole; b. the measures probably required to achieve the goals and how they are to be implemented; c. the effectiveness of the measures.
Art. 60 Programme agreement
1 The following authorities are responsible for concluding the programme agreement: a. the FOEN for compensatory payments to wastewater treatment plants and for the planning and conduct of measures to rehabilitate waters; b. the FOAG for compensatory payments for measures in agriculture. 2 The programme agreement shall be concluded for a specific territory. The subject matter of the programme agreement shall in particular be: a. the strategic programme goals that must be jointly achieved; b. the obligations of the Canton; c. the federal subsidy to be provided; d. controlling. 3 The duration of the programme agreement amounts in the case of compensatory payments to: a. measures in agriculture: normally 6 years; b. other measures: 4 years. 4 The competent Federal Office shall issue guidelines on the procedure in the case of programme agreements and on the information and documents on the subject matter of the programme agreement.
Para. 1 let. a — Amended by No I of the O of 4 May 2011, in force since 1 June 2011 (AS 2011 1955). Para. 3 let. b — Amended by No I of the O of 4 May 2011, in force since 1 June 2011 (AS 2011 1955).
Art. 61 Payment
Global compensatory payments are paid out in instalments.
Art. 61a Reporting and controls
1 The canton shall report annually to the competent Federal Office on the use of the global compensatory payments. 2 The competent Federal Office shall verify by random sample: a. the implementation of individual measures in accordance with the programme goals; b. the use of the contributions paid out.
Art. 61b Inadequate fulfilment and misuse
1 The competent Federal Office shall withhold all or part of the instalment payments during the programme if the canton: a. fails to fulfil its reporting duty (Art. 61a para. 1); b. fails to meet its obligations to a substantial extent through its own fault. 2 If on conclusion of the programme it emerges that the canton has failed to meet its obligations, the competent Federal Office shall require the canton to rectify the situation; it shall set the Canton an appropriate deadline for doing so. 3 If installations or equipment for which compensatory payments have been made are used for a purpose other than that intended, the competent Federal Office may require the canton to stop or remedy the misuse within a reasonable period. 4 If the defects are not rectified or if the misuse does not stop or is not remedied, the payments may be reclaimed in accordance with Articles 28 and 29 of the Subsidies Act of 5 October 1990.
Para. 4 — SR 616.1
Section 3 Procedure for Making Compensatory Paymen
Inserted by No I 13 of the O of 7 Nov. 2007 on the New System of Fiscal Equalisation and the Division of Tasks between the Confederation and Cantons, in force since 1 Jan. 2008 (AS 2007 5823).
Art. 61c Application
1 The application for financial assistance or compensatory payments in specific cases is submitted to the FOEN. 2 It shall issue guidelines on the information and documents to be included in the application.
Art. 61d Granting and payment of contributions
1 The FOEN shall specify the contributions in a ruling or enter into an agreement with the recipient of the contributions for this purpose. 2 It shall pay out the contributions according to how the project is progressing.
Art. 61e Inadequate fulfilment and misuse
1 If the recipient of a promised compensatory payment or financial assistance despite being warned fails to carry out a measure not or does so inadequately, the compensatory payment or financial assistance shall not be paid out or shall be reduced. 2 If compensatory payments or financial assistance have been paid out and the recipient despite being warned fails to carry out a measure not or does so inadequately, the payments may be reclaimed in accordance with Articles 28 and 29 of the Subsidies Act. 3 If installations or equipment for which compensatory payments or financial assistance have been paid out are used for a purpose other than that intended, the FOEN may require the canton to stop or remedy the misuse within a reasonable period. 4 If the misuse is not stopped or remedied, the payments may be reclaimed in accordance with Article 29 of the Subsidies Act.
Para. 2 — SR 616.1
Art. 61f Reporting and controls
Reporting and controls in relation to compensatory payments and financial assistance in specific cases are governed by analogy by Article 61a.
