text: 814.680 English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.Ordinanceon the Remediation of Polluted Sites(Contaminated Sites Ordinance, CSO)of 26 August 1998 (Status as of 1 May 2017)The Swiss Federal Council,based on Article 32c paragraph 1 second sentence and Article 39 paragraph 1 of the Environmental Protection Act of 7 October 19831 (EPA),ordains:1 SR 814.01Section 1 General Provisions  Art. 1 Aim and subject matter  1 This Ordinance is intended to ensure that polluted sites are remediated if they cause harmful effects or nuisances, or if there is a real danger that such effects may arise.2 It regulates the following procedures for treating polluted sites:a.their recording in a register;b.the assessment of the need for monitoring and remediation;c.the assessment of the objectives and urgency of remediation;d.the specification of the measures for investigation, monitoring and remediation.Art. 2 Definitions  1 Polluted sites means sites whose pollution originates from waste, and that are restricted in area. They comprise:a.waste disposal sites, i.e. inoperative or operative landfills and other sites where waste has been deposited, except for sites at which only unpolluted excavation material, quarried material or spoil have been deposited;b.industrial sites, i.e. sites whose pollution originates from inoperative or operative installations or industrial operations in which environmentally hazardous substances have been used;c.accident sites, i.e. sites polluted as a result of extraordinary events, including industrial accidents.2 Sites in need of remediation are polluted sites that cause harmful effects or nuisances or where there is a real danger that such effects may arise.3 Contaminated sites are polluted sites in need of remediation.Art. 3 Construction and alteration of buildings and installations  Polluted sites may be modified by the construction or alteration of buildings and installations only if:a.they are not in need of remediation and the project does not make their remediation necessary; orb.their later remediation is not seriously hampered, or, insofar as they are modified by the project, they are remediated at the same time.Art. 4 General requirements for measures  Investigation, monitoring and remediation measures under this Ordinance must correspond to the state of the art and be documented by those responsible.Section 2 Register of Polluted Sites  Art. 5 Creation of the Register  1 The authorities shall identify the polluted sites by evaluating existing information such as maps, registers and reports. They may obtain information from the holders of the sites or from third parties.2 They shall give notice of the content of the proposed register entry to the holders and provide them with the opportunity to state their opinion and to provide clarification. At the request of the holders, the authorities shall issue a declaratory ruling.3 They shall enter in the Register those sites that are established as polluted in accordance with paragraphs 1 and 2 or where there is a high probability that they are polluted. Where possible, the entries shall contain the following information:a.location;b.type and quantity of waste delivered to the site;c.period of disposal of waste, period of operation, or time of accident;d.investigations and measures already taken for the protection of the environment;e.effects that have already been ascertained;f.endangered environmental areas;g.particular events such as waste incineration, landslides, floods, fires or major accidents.4 The authorities shall divide the polluted sites into the following categories based on the information contained in the Register, particularly with regard to type and quantity of waste delivered to the site:a.sites from which no harmful effects or nuisances are to be expected; andb.sites requiring an investigation as to whether they are in need of monitoring or remediation.5 The authorities shall prepare a list of priorities for performing the investigations. In doing so, they shall pay due regard to the information contained in the Register concerning the type and quantity of waste delivered to the polluted site, the likelihood of substances being released and the importance of the environmental areas affected.Art. 6 Keeping the Register  1 The authorities shall add information on the following to the entry in the Register:a.the need for monitoring and remediation; b.the objectives and urgency of remediation;c.the measures taken or ordered by them for the protection of the environment.2 They shall delete the site entry in the Register if: a.the investigations show that the site is not polluted with environmentally hazardous substances; or b.the environmentally hazardous substances have been eliminated.Art. 6a2 Coordination with the structure and land use planning  The authorities shall take account of the Register in their structure and land use planning.2  Inserted by Annex 6 No 9 of the Waste Management Ordinance of 4 Dec. 2015, in force since 1 Jan 2016 (AS 2015 5699).Section 3 Need for Monitoring and Remediation  Art. 7 Preliminary investigation  1 Based on the list of priorities, the authorities shall require a preliminary investigation to be carried out within a reasonable period for sites in need of investigation. This shall normally consist of a historical and a technical investigation, so that the need for monitoring and remediation can be assessed (Art. 8), and the environmental hazard evaluated (risk assessment).2 The historical investigation shall establish the possible causes of the pollution of the site, in particular:a.the events and the temporal and spatial history of developments at the site;b.the procedures used for handling environmentally hazardous substances at the site. 3 Based on the historical investigation, a performance specification shall be prepared on the aim, extent and methods of the technical investigation. The performance specification shall be submitted to the authorities for comment.4 The technical investigation shall establish the type and quantity of substances at the site, the likelihood of their release and the importance of the environmental areas affected.Art. 8 Assessment of the need for monitoring and remediation  1 Based on the preliminary investigation, the authorities shall assess whether the polluted site is in need of monitoring or remediation in accordance with Articles 9 - 12. In doing so, they shall pay due regard to effects caused by other polluted sites or by third parties.2 They shall state in the Register whether a polluted site is:a.in need of monitoring;b.in need of remediation (contaminated site);c.in need of neither monitoring nor remediation.Art. 9 Protection of groundwater  1 Subject to paragraph 1bis, a polluted site is deemed to be in need of monitoring to protect the groundwater, if:a.any of the concentration values specified in Annex 1 is exceeded in the eluate of the material at the site; orb.for groundwater water protection areas Au, the concentration of substances originating from the site immediately downstream of the site exceeds 10% of one of the concentration values specified in Annex 1; orc.for groundwater outside water protection areas Au, the concentration of substances originating from the site immediately downstream of the site exceeds 40% of one of the concentration values specified in Annex 1.31bis If after several years of monitoring a site, it is established that, considering the evolution of pollutant concentrations and the characteristics of the site, it is highly probable that the site will not need remediation under paragraph 2, the site is deemed no longer to be in need of monitoring.42 A polluted site is deemed to be in need of remediation to protect the groundwater, if:a.5potential water pollutants originating from the site are detected in groundwater catchments of public interest in concentrations that exceed the detection threshold;b.6for groundwater in water protection areas Au7: the concentration of substances originating from the site immediately downstream of the site exceeds one-half the concentration value specified in Annex 1;c.8for groundwater outside water protection area Au s: the concentration of substances originating from the site immediately downstream of the site exceeds double the concentration value specified in Annex 1; ord.it is in need of monitoring in accordance with paragraph 1 letter a, and, owing to insufficient retention capacity, or degradation of substances originating from the site, there is a real danger of groundwater pollution.3 Amended by No I of the O of 9 May 2012, in force since 1 Aug. 2012  (AS 2012 2905).4 Inserted by No I of the O of 9 May 2012, in force since 1 Aug. 2012  (AS 2012 2905).5 Amended by No I of the O of 22 March 2017, in force since 1 May 2017 (AS 2017 2589).6 Amended by Annex 5 No. 5 of the O on the Protection of Waters of 28 Oct. 1998, in force since 1 Jan. 1999 (AS 1998 2863).7 Amended by Article 29 para. 1 let. A of the O on the Protection of Waters of 28 Oct. 1998 (SR 814.201).8 Amended by Annex 5 No. 5 of the O on the Protection of Waters of 28 Oct. 1998, in force since 1 Jan. 1999 (AS 1998 2863).Art. 10 Protection of surface waters  1 Subject to paragraph 1bis, a polluted site is deemed to be in need of monitoring to protect the surface waters, if:9a.any of the concentration values specified in Annex 1 is exceeded in the eluate of the material at the site which is susceptible of affecting surface waters; or b.in water that flows into surface waters, a concentration value specified in Annex 1 is exceeded for substances originating from the site.1bis If after several years of monitoring a site, it is established that, considering the evolution of pollutant concentrations and the characteristics of the site, it is highly probable that the site will not need remediation under paragraph 2, the site is deemed no longer to be in need of monitoring.102 For the protection of surface waters, a polluted site is deemed to be in need of remediation if: a.in water that flows into surface waters, the concentration of substances originating from the site exceeds by tenfold a concentration value specified in Annex 1; orb.it is in need of monitoring in accordance with paragraph 1 letter a, and owing to insufficient retention capacity, or degradation of substances originating at the site, there is a real danger of pollution of surface waters.9 Amended by No I of the O of 9 May 2012, in force since 1 Aug. 2012  (AS 2012 2905).10 Inserted by No I of the O of 9 May 2012, in force since 1 Aug. 2012  (AS 2012 2905).Art. 1111 Prevention of air pollution  1 For the protection of persons from air pollution, a polluted site is deemed to be in need of monitoring if its interstitial air exceeds a concentration value specified in Annex 2, and the emission originating from the site reaches places that may regularly be frequented by persons for longer periods.2 For the protection of persons from air pollution, a polluted site is deemed to be in need of remediation if its interstitial air exceeds a concentration value specified in Annex 2, and the emission originating from the site reaches places that may regularly be frequented by persons for longer periods.11 Amended by No I of the O of 22 March 2017, in force since 1 May 2017 (AS 2017 2589).Art. 1212 Prevention of pollution of the soil  1 Soil that is a polluted site or part thereof is deemed to be in need of remediation if a substance in the soil exceeds a concentration value specified in Annex 3. The foregoing also applies to soil that is already subject to a restriction of use.2 Soil that is not in need of remediation in accordance with paragraph 1 despite being polluted sites or parts thereof, and the impacts of polluted sites on soil are assessed in accordance with the Ordinance of 1 July 199813 on the Pollution of Soil.12 Amended by Annex No. II 2 of the O of 26 Sept. 2008 on the Charge for the Remediation of Contaminated Sites, in force since 1 Jan. 2009 (AS 2008 4771).13 SR 814.12Art. 13 Action of the authorities  1 For polluted sites in need of monitoring, the authorities shall require a monitoring plan to be drawn up and suitable measures to be taken to detect a real danger of harmful effects or nuisances before these become manifest. The monitoring measures shall be applied until there is no longer any need for monitoring in accordance with Articles 9–12.142 For sites that are in need of remediation (contaminated sites), the authorities shall require that: a.a detailed investigation be carried out within a reasonable period;b.the site be monitored until completion of remediation.14 Amended by No I of the O of 9 May 2012, in force since 1 Aug. 2012  (AS 2012 2905).Section 4 Objectives and Urgency of Remediation  Art. 14 Detailed investigation  1 To specify the objectives and assess the urgency of remediation, the following detailed information shall be obtained and evaluated in a risk assessment:a.type, location, quantity and concentration of the environmentally hazardous substances at the polluted site;b.type, load and temporal development of the existing and possible impacts on the environment; c.location and importance of the environmental areas at risk.2 If the results of the detailed investigation deviate substantially from those of the preliminary investigation, the authorities shall reassess whether the site is in need of remediation in accordance with Articles 9–12.Art. 15 Objectives and urgency of remediation  1 The objective of remediation is the elimination of impacts that led to the need for remediation in accordance with Articles 9 - 12, or of the real danger of such effects.2 As regards remediation for the purpose of groundwater protection, deviation from the objective is made if:a.by this means the total environmental impact can be lessened;b.disproportionate costs would otherwise result; and c.15the exploitability of groundwater in water protection areas Au is guaranteed, or if surface waters connected to groundwater outside water protection areas Au fulfil the requirements of the waters protection legislation regarding water quality.3 As regards remediation for the purpose of surface waters protection, deviation from the objectives is made if:a.by this means the total environmental impact can be lessened;b.disproportionate costs would otherwise result; andc.the waters complies with the requirements of the waters protection legislation regarding water quality.4 Remediation is deemed to be of particular urgency if an existing use is impaired or immediately endangered. 5 The authorities shall assess the objectives and the urgency of remediation on the basis of the detailed investigation.15 Amended by Annex 5 No. 5 of the O on the Protection of Waters  of 28 Oct. 1998, in force since 1 Jan. 1999 (AS 1998 2863).Section 5 Remediation  Art. 1616 Remediation measures  1 The objective of remediation must be achieved by measures that:a.enable environmentally hazardous substances to be eliminated (decontamination); orb.enable the diffusion of environmentally hazardous substances to be prevented in the long term and monitored (securing).2 …1716 Amended by Annex No. II 2 of the O of 26. Sept. 2008 on the Charge for the Remediation of Contaminated Sites, in force since 1 Jan. 2009 (AS 2008 4771).17 Repealed by No I of the O of 22 March 2017, with effect from 1 May 2017 (AS 2017 2589).Art. 17 Remediation project  The authorities shall require that for contaminated sites a remediation project be prepared within a time frame appropriate to the urgency of remediation. This shall describe in particular the following:a.the remediation measures including those for monitoring and for waste disposal, the effectiveness of the measures, the assessment of their results and the time expenditure;b.the impact of the proposed measures on the environment;c.the residual danger to the environment following remediation;d.the shares of the responsibility for the contaminated site in cases where the person required to carry out remediation measures demands a ruling on the allocation of costs (Art. 32d para. 318 EPA).18 Now: para. 4.Art. 18 Specification of essential measures  1 The authorities shall assess the remediation project. In doing so, they shall pay particular regard to the following:a.the environmental impact of the measures;b.their long-term effectiveness;c.the danger to the environment caused by the contaminated site before and after remediation;d.in cases of incomplete decontamination, the extent to which the measures may be monitored, avenues for remedying the deficiencies and securing the necessary funding for the proposed measures;e.whether the requirements for deviation from the remediation objective in accordance with Article 15 paragraphs 2 and 3 are satisfied.2 On the basis of this assessment, they shall issue a ruling containing in particular:a.the final objectives of the remediation;b.the remediation measures, the assessment of results and the time frame to be adhered to;c.further charges and conditions for the protection of the environment.Art. 1919 Evaluation of results  Persons required to carry out remediation measures must notify the authorities of the remediation measures carried out and demonstrate that the remediation objectives have been achieved. The authorities shall express an expert opinion in this regard.19 Amended by Annex No. II 2 of the O of 26. Sept. 2008 on the Charge for the Remediation of Contaminated Sites, in force since 1 Jan. 2009 (AS 2008 4771).Section 6  Obligation to carry out Investigation, Monitoring and Remediation Measures Art. 20 1 The investigation, monitoring and remediation measures shall be carried out by the holder of the polluted site.2 If the authorities have reason to believe that the pollution of the site was caused by the action of third parties, the authorities may require them to carry out the preliminary investigation, the monitoring measures or the detailed investigation.3 If the pollution of the site was caused by the action of third parties, the authorities may require these with the approval of the holder to prepare the remediation project and perform the remediation measures.Section 7 Final Provisions  Art. 2120  Enforcement  1 The cantons shall enforce this Ordinance unless it delegates enforcement to the Confederation.21 The cantons shall submit the information required in Article 5 paragraphs 3 and 5 and Article 6 as well as the information on remediated sites required by Article 17 to the FOEN by the end of each calendar year.221bis The FOEN shall evaluate the information and inform the public regularly on the progress with the remediation of contaminated sites.232 If federal authorities apply other federal acts or agreements or decisions under international law that relate to the subject matter of this Ordinance, they shall also enforce this Ordinance. The cooperation of the FOEN and of the cantons is governed by Article 41 paragraphs 2 and 4 EPA; statutory duties of secrecy are reserved. If the federal authorities dispense with issuing a ruling when specifying remediation measures (Art. 23 para. 3), they shall consult the cantons concerned about the intended measures.243 The federal authorities shall determine the procedures for categorising polluted sites (Art. 5 para. 4), preparing the list of priorities (Art. 5 para. 5) and deleting entries in the Register (Art. 6 para. 2) after consultation with the FOEN.254 They shall inform the cantons concerned of the content of the Register (Art. 5 and 6) at regular intervals. These shall include a reference to the relevant polluted sites in their own register.20 Amended by No. II 16 of the O of 2 Feb. 2000 relating to the Federal Act on the Coordination and Simplification of Decision-Making Procedures, in force since 1 March 2000 (AS 2000 703).21 Amended by Annex No II 2 of the O of 26 Sept. 2008 on the Charge for the Remediation of Contaminated Sites, in force since 1 Jan. 2009 (AS 2008 4771).22 Second sentence amended by No I of the O of 22 March 2017, in force since 1 May 2017 (AS 2017 2589).23 Inserted by Annex No. II 2 of the O of 26. Sept. 2008 on the Charge for the Remediation of Contaminated Sites, in force since 1 Jan. 2009 (AS 2008 4771).24 Amended by No. I 2 of the O of 29 June 2011 on amendments of ordinances in the field of environment, in force since 1 Aug. 2011 (AS 2011 3379).25 Amended by No. I 2 of the O of 29 June 2011 on amendments of ordinances in the field of environment, in force since 1 Aug. 2011 (AS 2011 3379).Art. 2226 26 Repealed by No. II 16 of the O of 2 Feb. 2000 to the Federal Act on the Coordination and Simplification of Decision-Making Procedures, with effect from 1 March 2000 (AS 2000 703).Art. 23 Collaboration with those concerned  1 In enforcing this Ordinance, the authorities shall collaborate with those directly concerned. In particular, they shall examine whether voluntary measures provided for in sectoral agreements of the private sector are suitable for the enforcement of this Ordinance.2 They shall endeavour to reach agreement with those directly concerned on the necessary assessments and measures in accordance with the requirements of this Ordinance. To this end, they shall consult those directly concerned at the earliest possible time. 3 They may dispense with issuing rulings if carrying out the required investigation, monitoring and remediation measures is guaranteed by other means. Art. 24 Deviation from procedural regulations  Deviation from the procedures specified in this Ordinance shall be permitted if:a.immediate measures for the protection of the environment are necessary;b.the need for monitoring or remediation can be assessed, or the required measures determined, on the basis of existing information;c.a polluted site is modified by the construction or alteration of a building or installation;d.voluntary measures by those directly concerned have an equivalent effect to those specified in the Ordinance.Art. 25 Guidelines  In preparing guidelines for implementing this Ordinance, the Federal Agency shall collaborate with the cantons and the industrial organisations concerned.Art. 25a27 Geoinformation  The Federal Office shall specify the minimum geodata models and representation models for geographical base data in accordance with this Ordinance for which the Federal Office is designated as the specialist authority at federal level in Annex 1 to the Geoinformation Ordinance of 21 May 200828.27 Inserted by Annex 2 No. 11 of the O of 21 May 2008 on Geoinformation, in force since 1 July 2008 (AS 2008 2809).28 SR 510.620Art. 26 Amendment of current legislation  …2929 The amendment may be inspected in AS 1998 2261.Art. 27 Transitional provision  The Register (Art. 5) shall be prepared by 31 December 2003.Art. 28 Commencement  This Ordinance comes into force on 1 October 1998.Annex 130 30 Revised by Annex No. II 2 of the O of 26 Sept. 2008 on the Charge for the Remediation of Contaminated Sites (AS 2008 4771), No II of the O of 9 May 2012 (AS 2012 2905) and of 22 March 2017, in force since 1 May 2017  (AS 2017 2589).(Art. 9 and 10)Concentration values for assessing the impact of polluted sites on ground and surface waters 1 In assessing the impact of polluted sites on waters, the concentration values in the following table apply. Where no concentration values are given in the table for potential water pollutants which are polluting a site, the authority shall specify a value on a case by case basis with the consent of the FOEN and according to the provisions of the legislation on waters protection.2 Where the assessment is based on the eluate of the material of the site, the following requirements apply to sampling, preparation of the eluates and their analysis:a.The number of samples and sampling points shall be chosen such that the samples are representative of the pollution of the site.b.The eluate shall be prepared on the basis of a test column. The elution liquid used shall be oxygen-free deionised water. This must normally flow upwards through the column at a defined rate. Prior to analysis, the eluate may normally neither be centrifuged nor filtered in a microfilter.c.The eluate need only be analysed in respect of those substances that are expected to occur at the site based on the historical investigation. In cases where lumped parameters only are analysed, the lowest concentration value of the individual substances shall be taken as the assessment criterion.3 For sites with particularly heterogeneous pollution (e.g. waste disposal sites), if samples can be obtained from the seepage water, these may be regarded as equivalent to an eluate.4 In assessing the impact of volatile substances31, the seepage water shall be regarded as equivalent to an eluate. If it is not possible to take samples of the seepage water, pollutant concentrations shall be calculated based on measurements of interstitial air concentration.5 An eluate test in accordance with paragraph 2 may be dispensed with if the pollutant concentration in the eluate of the material is assessable (i.e. to be above or below the concentration values) on the basis of other information, for example composition and origin of the material at the site, lumped parameters or ecotoxicological investigations, or can be calculated from total content.6 The Federal Office shall issue guidelines on sampling, preparation of eluates and their analysis, and on assessment of the impact of volatile substances.SubstanceConcentration valueInorganic substancesAntimony  0.01 mg Sb/lArsenic  0.05 mg As/lLead   0.05 mg Pb/lCadmium0.005 mg Cd/lChromium (VI)  0.02 mg CrVI/lCobalt       2 mg Co/lCopper    1.5 mg Cu/lNickel    0.7 mg Ni/lMercury0.001 mg Hg/lSilver    0.1 mg Ag/lZinc       5 mg Zn/lTin     20 mg Sn/lAmmonium**    0.5 mg NH4+/lCyanide (free)  0.05 mg CN-/lFluoride    1.5 mg F-/lNitrite**    0.1 mg NO2–/lOrganic substancesAliphatic hydrocarbons:–Total (C5–C10)       2 mg/l–Methyl tert-butyl ether (MTBE)    0.2 mg/lAmines–Aniline  0.05 mg/l–4-aniline chloride    0.1 mg/lHalogenated hydrocarbons–1,2-Dibromoethane (EDB)  0.05 g/la–1,1-Dichloroethane*       3 mg/l–1,2-Dichloroethane (EDC)*0.003 mg/l–1,1-Dichloroethene*  0.03 mg/l–1,2-Dichloroethene (cis and trans)*  0.05 mg/l–Dichloromethane (methylene chloride, DCM)*  0.02 mg/l–1,2-Dichloropropane*0.005 mg/l–1,1,2,2-Tetrachloroethane0.001 mg/l–Tetrachloroethene (PERC)  0.04 mg/l–Tetrachloromethane (carbon tetrachloride)*0.002 mg/l–1,1,1-Trichloroethane*       2 mg/l–Trichloroethene (TCE)*  0.07 mg/l–Trichloromethane (chloroform)*  0.04 mg/l–Vinyl chloride*    0.5 g/l–Chlorobenzene    0.7 mg/l–1,2-Dichlorobenzene       3 mg/l–1,3-Dichlorobenzene       3 mg/l–1,4-Dichlorobenzene  0.01 mg/l–1,2,4-Trichlorobenzene    0.4 mg/l–Polychlorinated biphenyls (PCBs)b    0.1 g/lMonocyclic aromatic hydrocarbons (BTEX)–Benzene*  0.01 mg/l–Toluene       7 mg/l–Ethylbenzene       3 mg/l–Xylenes     10 mg/lNitro compounds–2,4-Dinitrophenol  0.05 mg/l–Dinitrotoluene    0.5 g/l–Nitrobenzene  0.01 mg/l–4-Nitrophenol       2 mg/lPhenols–2-Chlorophenol    0.2 mg/l–2,4-Dichlorophenol    0.1 mg/l–2-Methylphenol (o-cresol)       2 mg/l–3-Methylphenol (m-cresol)       2 mg/l–4-Methylphenol (p-cresol)    0.2 mg/l–Pentachlorophenol (PCP)0.001 mg/l–Phenol (C6H6O)     10 mg/lPolycyclic aromatic hydrocarbons (PAK)–Acenaphthene       2 mg/l–Anthracene     10 mg/lc–Benz[a]anthracene    0.5 g/l–Benzo[b]fluoranthene    0.5 g/l–Benzo[k]fluoranthene0.005 mg/l–Benzo[a]pyrene  0.05 g/l–Chrysene  0.05 mg/l–Dibenz[a,h]anthracene  0.05 g/l–Fluoranthene       1 mg/l3–Fluorene       1 mg/l–Indeno[1,2,3-cd]pyrene    0.5 g/l3–Naphthalene       1 mg/l–Pyrene       1 mg/l3aDetection thresholdbPCB: the sum of the 6 congeners 28, 52, 101, 138, 153 and 180 multiplied by the factor 4.3 must not exceed the concentration value.cNot normally detectable in the eluate at these concentrations.*To be assessed according to Paragraph 4.**Applies to surface waters only31 Indicated in the table by *.Annex 2 (Art. 11)Concentration values for the assessment of interstitial air at polluted sites 1 In assessing the interstitial air of polluted sites, the concentration values in the following table apply. Where no concentration values are given in the table for emissions occurring at the site, e.g. odours or particles, the site is deemed to be in need of remediation if the emissions may lead to excessive ambient concentrations in accordance with the Ordinance of 16 December 198532 on Air Pollution Control.2 For sampling and the performance of interstitial air analyses, the following apply:a.Samples must be taken using ground gas detectors at a number of points representative of the pollution of the site. It shall be ensured that no extraneous air is included in the samples.b.The interstitial air need only be analysed in respect of those constituents that are expected to occur at the site based on the historical investigation. If the analysis is confined to lumped parameters, the lowest concentration value of the individual substances shall be taken as the assessment criterion.3 Interstitial air samples may be dispensed with if it can be demonstrated by other means that the concentration values in the interstitial air cannot be exceeded, i.e. based on precise information concerning the composition and origin of the material at the site.4 The Federal Agency shall issue guidelines on sampling and on procedures for interstitial air analyses.SubstanceConcentration valueInorganic substancesMercury  0.005  ml/m3Carbon dioxide   5000  ml/m3Hydrogen sulphide       10  ml/m3Organic substancesPetrol (free of aromatics)     500  ml/m3Light petrol (aromatic content 0–10 by vol.-%)     500  ml/m3Methane10 000  ml/m3Halogenated hydrocarbons–Chlorobenzene       10  ml/m3–1,1-Dichloroethane     100  ml/m3–1,2-Dichloroethane (EDC)         5  ml/m3–1,1-Dichloroethene         2  ml/m3–1,2-Dichloroethene (cis and trans)     200  ml/m3–Dichloromethane     100  ml/m3–1,2-Dichloropropane       75  ml/m3–1,1,2,2-Tetrachloroethane         1  ml/m3–Tetrachloroethene (PERC)       50  ml/m3–Tetrachloromethane (Carbon tetrachloride)         5  ml/m3–1,1,1-Trichloroethane     200  ml/m3–Trichloroethene (TCE)       50  ml/m3–Trichloromethane       10  ml/m3–Vinyl chloride         2  ml/m3Monocyclic aromatic hydrocarbons (BTEX)–Benzene         1  ml/m3–Toluene       50  ml/m3–Ethylbenzene     100  ml/m3–Xylenes     100  ml/m3Polycyclic aromatic hydrocarbons (PAK)–Benzo[a]pyrene0.0002  ml/m3–Naphthalene       10  ml/m332 SR 814.318.142.1Annex 333 33 Inserted by Annex No. II 2 of the O of 26 Sept. 2008 on the Charge for the Remediation of Contaminated Sites, in force since 1 Jan. 2009 (AS 2008 4771). Revised by No II of the O of 9 May 2012 (AS 2012 2905) and No I of the O of 14 Jan. 2015, in force since 1 March 2015 (AS 2015 317).(Art. 12 para. 1)Concentration values for the assessment of the need for remediation of soil The concentration values in the table below apply in the assessment of the need for remediation of soil. Where no concentration values are given in the table for potential soil pollutants which are polluting a site, the authority shall specify a value on a case by case basis with the consent of the FOEN and according to the provisions of the legislation on the protection of the environment.1 Sites used for agricultural or horticultural purposes  SubstanceConcentration valueInorganic substancesLead2000 mg Pb/kgCadmium    30 mg Cd/kgCopper1000 mg Cu/kgZinc2000 mg Zn/kgOrganic substancesPolychlorinated biphenyls (PCBs)      3 mg/kgPolycyclic aromatic hydrocarbons (PAHs)*  100 mg/kgBenzo-a-pyrene    10 mg/kg*16 EPA PAHs: napthalene, acenaphthylene, acenaphthene, fluorene, phenanthrene, anthracene, fluoranthene, pyrene, benz[a]anthracene, chrysene, benzo[a]pyrene, benzo[b]fluoranthene, benzo[k]fluoranthene, dibenz[a,h]anthracene, benzo[g,h,i]perylene, indeno[1,2,3-c,d]pyrene2 Sites in private gardens and allotments, children’s playgrounds and other facilities where children play regularly  SubstanceConcentration valueInorganic substancesAntimony    50 mg Sb/kgArsenic    50 mg As/kgLead1000 mg Pb/kgCadmium    20 mg Cd/kgChromium (VI)  100 mg CrVI/kgCopper1000 mg Cu/kgNickel1000 mg Ni/kgMercury      2 mg Hg/kgSilver  500 mg Ag/kgZinc2000 mg Zn/kgInorganic substancesVolatile chlorinated hydrocarbons*      1 mg/kgPolychlorinated biphenyls (PCBs)**      1 mg/kgAliphatic hydrocarbons C5–C10***      5 mg/kgAliphatic hydrocarbons C11–C40  500 mg/kgMonocyclic aromatic hydrocarbons (BTEX)****  500 mg/kgBenzene      1 mg/kgPolycyclic aromatic hydrocarbons (PAHs)*****  100 mg/kgBenzo[a]pyrene    10 mg/kg*7 volatile chlorinated hydrocarbons: dichloromethane, trichloromethane, tetrachloromethane, cis-1,2-dichloroethylene, 1,1,1-trichloroethane, trichloroethylene (TCE), tetrachlorethylene (PERC)**6 PCB congeners × 4.3: no. 28, 52, 101, 138, 153, 180***C5- to C10 hydrocarbons: area of the FID-chromatogram between n-pentane and n‑decane, multiplied by the response factor of n-hexane, minus BTEX****6 BTEX: benzene, toluene, ethylbenzene, o-xylene, m-xylene, p-xylene*****16 EPA PAHs: napthalene, acenaphthylene, acenaphthene, fluorene, phenanthrene, anthracene, fluoranthene, pyrene, benz-a-anthracene, chrysene, benzo[a]pyrene, benzo[b]fluoranthene, benzo[k]fluoranthene, dibenz[a,h]anthracene, benzo[g,h,i]perylene, indeno[1,2,3-c,d]pyrene


type: legislation

jurisdiction: Switzerland

text: 814.681 English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.Ordinance on the Charge for the Remediation of Contaminated Sites(OCRCS)of 26 September 2008 (Status as of 1 January 2016) The Swiss Federal Council,on the basis of Article 32e paragraphs 1, 2 and 5 of the Environmental Protection Act of 7 October 19831 (EPA), and of Article 57 paragraph 2 of the Government and Administration Organisation Act of 21 March 19972,ordains:1 SR 814.012 SR 172.010Chapter 1 Subject Matter  Art. 1 This Ordinance regulates:a.the levying of a charge for the deposit of waste in a landfill in Switzerland and on the export of waste for deposit in a landfill abroad;b.the use of the income from the charge to provide payments for:1.the investigation, monitoring and remediation of polluted sites,2.the investigation of sites that are not found to be polluted.Chapter 2 Charge  Art. 2 Obligation to pay the charge  1 The holders of landfills must pay a charge on the deposit of waste in a landfill in Switzerland.2 Any person who exports waste for deposit in a landfill must pay a charge. The obligation to pay the charge also applies to waste that is deposited in a landfill abroad following its export for recovery or treatment. The charge is not due if the waste deposited in the landfill is less than 15 per cent of the quantity of waste exported.3 …33 Repealed by Annex 6 No 10 of the Waste Management Ordinance of 4 Dec. 2015, with effect from 1 Jan. 2016 (AS 2015 5699).Art. 3 Charge rates  1 The charge rate for waste deposited in a landfill in Switzerland is:a.in the case of Type B landfills: CHF 5 per tonne;b.in the case of Type C, D and E landfills: CHF 16 per tonne.42 The charge rate for waste deposited in a landfill abroad is:a.in the case of underground landfills: CHF 22 per tonne;b.in the case of other landfills: as much as would be charged for the deposit of waste in a landfill in Switzerland.3 …54 Amended by Annex 6 No 10 of the Waste Management Ordinance of 4 Dec. 2015, in force since 1 Jan. 2016 (AS 2015 5699).5 Repealed by Annex 6 No 10 of the Waste Management Ordinance of 4 Dec. 2015, with effect from 1 Jan. 2016 (AS 2015 5699).Art. 4 Origin of the right to claim the charge  The charge shall become due at the time of deposit in a landfill in Switzerland or at the time of export.Art. 5 Charge declaration  1 Persons required to pay the charge must by the 28 February of each year submit a charge declaration to the Federal Office for the Environment (FOEN) in respect of the charge due for the previous calendar year.2 The declaration must contain all the information required to determine the amount of the charge due. It shall be made on an official form; the FOEN may permit other forms. Holders of landfills must send the canton a copy of the declaration.3 The declaration serves as the basis for determining the charge due; the right to conduct an official assessment is reserved.4 The persons liable to pay the charge must retain the documents relating to the declaration for a minimum of ten years.5 In the case of a delayed or incomplete declaration, default interest of 3.5 per cent per annum is payable on the amount of the charge due.Art. 6 Charge assessment6  1 The FOEN shall determine the amount of the charge in a ruling.2 If the person required to pay the charge, despite being sent a reminder, fails to submit their charge declaration to the FOEN or if the information required to determine the amount of the charge cannot be ascertained due to a lack of reliable documentation, the FOEN shall make the charge assessment according to its own best judgement.73 In doing so, the FOEN may base its assessment on the results of its own checks, information from the canton and historical figures.86 Amended by Annex 6 No 10 of the Waste Management Ordinance of 4 Dec. 2015, in force since 1 Jan. 2016 (AS 2015 5699).7 Amended by Annex 6 No 10 of the Waste Management Ordinance of 4 Dec. 2015, in force since 1 Jan. 2016 (AS 2015 5699).8 Amended by Annex 6 No 10 of the Waste Management Ordinance of 4 Dec. 2015, in force since 1 Jan. 2016 (AS 2015 5699).Art. 6a9 Period allowed for payment  1 The period allowed for payment amounts to 30 days.2 If payment is not made within the period allowed, default interest of 3.5 per cent per annum becomes due.9 Inserted by Annex 6 No 10 of the Waste Management Ordinance of 4 Dec. 2015, in force since 1 Jan. 2016 (AS 2015 5699).Art. 7 Additional claim  If the FOEN has erroneously assessed the charge at an amount that is too low, it shall claim the shortfall within two years of issuing its ruling.Art. 8 Limitation period  1 The right to claim the charge is limited to ten years from the end of the calendar year in which it arises.2 The limitation period shall be interrupted and begin to run again:a.if the person required to pay the charge acknowledges the right to claim the charge;b.following any official act by which the right to claim the charge is asserted against the person required to pay the charge.3 The right to claim the charge is in every case limited to 15 years from the end of the calendar year in which it arises.Chapter 3 Subsidies  Section 1 Subsidy Requirements  Art. 9 Principle  1 The Confederation shall pay subsidies to the cantons under Article 32e paragraphs 3 and 4 EPA for:a.the investigation, monitoring and remediation of polluted sites;b.the investigation, monitoring and remediation of polluted sites at shooting ranges; andc.the investigation of sites that are not found to be polluted.2 It shall also pay subsidies for a clearly defined area of a polluted site if that area fulfils the requirements for a subsidy and further measures are not made more difficult or impossible.Art. 10 Special subsidy requirements for investigation and monitoring measures   1 For measures for the investigation and monitoring of polluted sites, subsidies shall be paid only if:a.the measures were begun after 1 July 1997;b.an application for a subsidy for a measure carried out before 1 November 2006 is submitted to the FOEN by 31 December 2010.2 If the person responsible for causing a polluted site cannot be identified or if he is unable to pay (Art. 32e para. 3 let. b no 1 EPA), subsidies shall be paid for investigation and monitoring measures:a.if the allowable investigation or monitoring costs amount to over 250 000 francs, provided a legally-binding ruling on the allocation of the costs is submitted;b.if the allowable investigation or monitoring costs amount to 250 000 francs or less, provided proper legal justification for the allocation of the costs is provided.3 For measures for the investigation of sites that are not found to be polluted, subsidies shall be paid only if the investigations were begun after 1 November 2006.Art. 11 Special subsidy requirements for remediation measures  1 The Confederation shall pay subsidies for remediation measures only if:a.the measures were begun after 1 July 1997;b.an application for a subsidy for a measure carried out before 1 November 2006 is submitted to the FOEN by 31 December 2010.2 If the person responsible for causing a polluted site cannot be identified or if he is unable to pay (Art. 32e para. 3 let. b no 1 EPA), subsidies shall be paid for remediation measures:a.if the allowable remediation costs amount to over 250 000 francs, provided a legally-binding ruling on the allocation of the costs is submitted;b. if the allowable remediation costs amount to 250 000 francs or less, provided proper legal justification for the allocation of the costs is provided.Section 2 Chargeable Costs  Art. 12 Chargeable costs in the case of sites not in need of remediation  1 In the case of sites not in need of remediation, the costs of the following measures are deemed to be chargeable investigation costs:a.establishing that a site is not polluted where that site is already entered in the Register or its entry in the Register is planned;b.the preliminary investigation of a site requiring investigation under Article 7 the Contaminated Sites Ordinance of 26 August 199810 (CSO).2 In the case of sites not in need of remediation, the costs of the following measures under Article 13 paragraph 1 CSO are deemed to be chargeable monitoring costs:a.planning the monitoring measures;b.construction, operation, maintenance and dismantling of the monitoring equipment;c.sampling and analysis.10 SR 814.680Art. 13 Chargeable costs in the case of sites in need of remediation  In the case of sites in need of remediation, the costs of the following measures are deemed to be chargeable remediation costs:a.a preliminary investigation (Art. 7 CSO11) and detailed investigation (Art. 14 CSO) as well as monitoring (Art. 13 para. 2 let. b CSO) in accordance with Article 12 paragraph 2;b.preparation of a remediation project (Art. 17 CSO);c.decontamination including disposal of waste (Art. 16 let. a CSO);d.construction, operation, maintenance and dismantling of installations and equipment for the long-term prevention and monitoring of the diffusion of environmentally hazardous substances (Art. 16 let. b CSO); e.proof that the remediation objectives have been achieved (Art. 19 para. 1 CSO).11 SR 814.680Section 3 Procedure  Art. 14 Consultation of the FOEN  1 The canton shall consult the FOEN before it orders an investigation, monitoring or remediation measure.2 The FOEN need not be consulted in accordance with paragraph 1 if any one of the requirements of Article 16 paragraph 3 is fulfilled.Art. 15 Application for a subsidy  The canton shall submit any application for a subsidy to the FOEN. This must contain:a.proof that the measures fulfil the requirements of Articles 9–11;b.the main principles and elements of the project;c.the official assessment of whether the measures are environmentally compatible and cost-effective and correspond to the state of the art;d.the probable costs of the measures and the probable chargeable costs;e.a copy of the ruling on the allocation of the costs or if applicable proper legal justification for the allocation of the costs if the person responsible cannot be identified or is unable to payArt. 16 Confirmation and payment of subsidy  1 If the requirements for the subsidy are fulfilled, the FOEN shall confirm that the subsidy will be paid within the scope of the available resources and shall indicate the probable amount of the subsidy.2 It shall order that the subsidies be paid if:a.it has received a summary audited by the canton of the total of the chargeable costs of the measures actually incurred; b.the income from the charge covers the resources required.3 If the implementation of the measures has begun before confirmation is issued, the FOEN may in application of Article 26 paragraph 3 second sentence of the Subsidies Act of 5 October 199012 grant a subsidy in particular if:a.the investigation, monitoring or remediation measure costs less than 250 000 francs; orb.new information comes to light during the implementation of structural measures or other measures under the CSO13 about the level of pollution at the site or about the costs of the measures required.4 If the income from the charge does not cover all the resources required, the FOEN shall when paying subsidies consider as a priority projects that were urgently required for reasons of environmental protection or in which a substantial ecological benefit was achieved when compared to the cost. Projects that have been postponed shall be given first priority in the following years.12 SR 616.113 SR 814.680Chapter 4 Enforcement  Art. 17 Responsibilities  1 The FOEN shall enforce this Ordinance and shall provide information each year on the charges levied and the subsidies.2 It may delegate the official assessment of the charge declaration (Art. 5 para. 3) wholly or in part to suitable public corporations or private entities. This assessment shall be funded from the income from the charge.3 The cantons shall support the FOEN in the enforcement of this Ordinance. In particular, they shall notify the FOEN without delay if they establish that persons obliged to pay the charge have provided incomplete or false information.Art. 1814 14 Repealed by No. I 7.3 of the Ordinance of 9 Nov. 2011, with effect from 1 January 2012 (AS 2011 5227).Chapter 5 Final Provisions  Art. 19 Repeal and amendment of current legislation  The repeal and amendment of the current legislation is regulated in the Annex.Art. 2015 Transitional provision  The charge rate under Article 3 paragraph 1 applies from 1 January 2017. Until 1 January 2017, the charge rate for waste deposited in a landfill in Switzerland is:a.in the case of Type B landfills: CHF 3 per tonne;b.in the case of Type C landfills: CHF 17 per tonne;c.in the case of Type D and E landfills: CHF 15 per tonne.15 Amended by Annex 6 No 10 of the Waste Management Ordinance of 4 Dec. 2015, in force since 1 Jan. 2016 (AS 2015 5699).Art. 21 Commencement  This Ordinance comes into force on 1 January 2009.Annex (Art. 19)Repeal and Amendment of Current Legislation IThe Ordinance of 5 April 200016 on the Charge for the Remediation of Contaminated Sites is repealed.IIThe following Ordinances are amended as follows:…17168 [AS 2000 1398, 2007 4525 No. II 6]17 The amendments may be consulted under AS 2008 4771.


text: 814.91 English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.Federal Acton Non-Human Gene Technology(Gene Technology Act, GTA)of 21 March 2003 (Status as of 1 January 2018)The Federal Assembly of the Swiss Confederation,based on Articles 74 paragraph 1, 104 paragraphs 2 and 3 letter b, 118 paragraph 2 letter a and 120 paragraph 2 of the Federal Constitution1,2in implementation of the Convention of 5 June 19923 on Biological Diversity and the Cartagena Protocol of 29 January 20004 on Biosafety to the Convention on Biodiversity,and having considered the Dispatch of the Federal Council dated 1 March 20005and the Report of the Council of States’ Committee for Science, Education and Culture dated 30 April 20016 7decrees:1 SR 1012 Amended by No I of the FA of 16 June 2017, in force since 1 Jan. 2018  (AS 2017 6667; BBl 2016 6521).3 SR 0.451.434 SR 0.451.4315 BBl 2000 23916  Official Bulletin of the Federal Assembly (AB), enclosures, Council of States Summer Session 2001, p. 22.7 Amended by No I of the FA of 19 March 2010, in force since 1 Aug. 2010  (AS 2010 3233; BBl 2009 5435).Chapter 1 General Provisions  Art. 1 Purpose  1 The purpose of this Act is:a.to protect human beings, animals and the environment from abuses of gene technology;b.to serve the welfare of human beings, animals and the environment in the application of gene technology.2 In particular, it shall:a.protect the health and safety of human beings, animals and the environment;b.conserve biological diversity and the fertility of the soil permanently;c.ensure respect for the dignity of living beings;d.enable freedom of choice for consumers; e.prevent product fraud;f.promote public information;g.take account of the significance of scientific research on gene technology for human beings, animals and the environment.Art. 2 Precautionary and polluter-pays principles  1 Early precautions shall be taken to prevent hazards or harm that may be caused by genetically modified organisms.2 Any person who causes measures to be taken under the provisions of this Act shall bear the costs. Art. 3 Area of validity   1 This Act applies to the handling of genetically modified animals, plants and other organisms, as well as their metabolic products and wastes.2 For products obtained from genetically modified organisms, only the regulations on labelling and provision of public information (Art. 17 and 18) apply.Art. 4 Reservation of other laws  More detailed provisions in other federal laws concerning the protection of human beings, animals and the environment from hazards or harm caused by genetically modified organisms are reserved.Art. 5 Definitions  1 Organisms means cellular or non-cellular biological entities capable of replication or of transferring genetic material. Mixtures, articles and products that contain such entities are also regarded as organisms.2 Genetically modified organism means organisms in which the genetic material has been altered in a way that does not occur under natural conditions by crossing or natural recombination.3 Harm means any harmful effect or nuisance caused by genetically modified organisms to human beings, animals or the environment.4 Handling means any activity undertaken in connection with organisms, in particular their production, experimental release, putting into circulation, import, export, keeping, use, storage, transport or disposal.5 Putting into circulation means any supply of organisms to third parties in Switzerland, in particular by sale, exchange, giving as a gift, renting, lending or sending on approval, as well as their import; supply for activities in contained systems or experimental release does not count as putting into circulation.6 Installations means buildings, traffic routes and other fixed installations, as well as modifications to the land. Appliances, machines, vehicles, ships and aircraft are also regarded as installations.Chapter 2 Handling Genetically Modified Organisms  Section 1 General Principles  Art. 6 Protection of human beings, animals, environment and biological diversity   1 Genetically modified organisms may only be handled in such a way that they, their metabolic products or wastes: a.cannot endanger human beings, animals or the environment;b.do not harm biological diversity or the sustainable use thereof.2 Genetically modified organisms may be released for experimental purposes if:a.the information sought cannot be obtained through experiments in contained systems;b.the experiment also contributes to research on the biosafety of genetically modified organisms;c.they do not contain genes inserted by gene technology which cause resistance to antibiotics used in human or veterinary medicine; and d.according to the current state of knowledge, the dispersal of these organisms and their new traits can be excluded and the principles of paragraph 1 cannot otherwise be contravened.3 Genetically modified organisms lawfully intended for use in the environment may only be put into circulation if they do not contain gene technologically inserted resistance genes to antibiotics used in human or veterinary medicine, and if experiments in contained systems and field trials have shown that they:a.do not harm the population of protected organisms or organisms that are important for the ecosystem in question;b.do not lead to the unintended extinction of a species of organism;c.do not severely or permanently harm the material balance of the environment;d.do not severely or permanently harm any important functions of the ecosystem in question, and in particular the fertility of the soil;e.do not disperse or spread their traits in an undesired way; and f.do not otherwise contravene the principles of paragraph 1.4 Hazards and harm must be evaluated both individually and as a whole and in terms of their interaction; connections to other hazards and harm from causes other than genetically modified organisms should also be considered.Art. 7 Protection of production without genetically modified organisms and freedom of choice  Genetically modified organisms may be handled only in such a way that they, their metabolic products or wastes do not impair production that does not involve genetically modified organisms, or limit consumers’ freedom of choice.Art. 8 Respect for the dignity of living beings  1 In animals and plants, modification of the genetic material by gene technology must not violate the dignity of living beings. In particular, violation is deemed to have occurred if such modification substantially harms species-specific properties, functions or habits, unless this is justified by overriding legitimate interests. In evaluating the harm, the difference between animals and plants must be taken into consideration. 2 Whether the dignity of living beings has been respected is determined on a case-by-case basis, by evaluating the severity of the harm suffered by animals or plants against the significance of the legitimate interests. Legitimate interests are, in particular: a.human and animal health;b.guaranteeing food security;c.the reduction of harm caused to the environment;d. the preservation and improvement of environmental conditions;e.securing a substantial economic, social or environmental benefit for society;f.increasing knowledge.3 The Federal Council determines the conditions under which genetic modifications to the genetic material are exceptionally permissible without a weighing of interests.Art. 9 Genetic modification of vertebrates   Genetically modified vertebrates may only be produced and put into circulation for purposes of research, therapy, or diagnostics in human or veterinary medicine. Art. 10 Activities in contained systems  1 Any person who handles genetically modified organisms which may not be released for experimental purposes (Art. 11) nor put into circulation (Art. 12) is required to take all containment measures necessary in particular due to the hazards for human beings, animals or the environment that these organisms represent.2 The Federal Council shall introduce a notification or authorisation procedure for activities in contained systems.Art. 11 Experimental releases  1 Any person who intends to release for experimental purposes genetically modified organisms which may not be put into circulation for use in the environment (Art. 12) requires federal authorisation.2 The Federal Council determines the requirements and the procedure. In particular, it regulates:a.the consultation of experts;b.the guarantee of funding for measures with which any hazards or harm can be identified, averted or eliminated;c.the provision of information for the public.Art. 12 Putting into circulation  1 Genetically modified organisms may be put into circulation only if the Confederation has granted authorisation.2 The Federal Council determines the requirements and the procedure, and regulates the provision of information to the public. Art. 12a8 Opposition procedure  1 Applications for authorisations for experimental releases of genetically modified organisms and for putting into circulation genetically modified organisms for lawful use in the environment are published by the authorising authority in the Official Federal Gazette and made available for public inspection for 30 days.2 Any person who is a party in accordance with the Federal Act of 20 December 19689 on Administrative Procedure may file opposition with the authorising authority during the inspection period. A party who fails to file opposition is excluded from subsequent proceedings.8 Inserted by No I of the FA of 19 March 2010, in force since 1 Aug. 2010  (AS 2010 3233; BBl 2009 5435).9 SR 172.021Art. 13 Inspection of authorisations  1 Authorisations are regularly inspected to determine whether they may continue to apply.2 Authorised persons must voluntarily inform the authorising authority of new findings that could lead to a re-evaluation of hazards or harm as soon as they become aware of these findings.Art. 14 Exceptions to the notification or authorisation requirement;  self-supervision  1 The Federal Council may simplify the requirement to notify or obtain authorisation or may grant exemptions if, according to the current state of knowledge or experience, a violation of the principles of Articles 6–9 can be excluded.2 If there is no authorisation requirement for an activity in contained systems or for putting into circulation certain genetically modified organisms, the person or company responsible shall monitor compliance with the principles of Articles 6–9 themselves. The Federal Council enacts regulations covering the form, extent and monitoring of the self-supervision.Section 2 Special Provisions  Art. 15 Informing the recipients  1 Any person putting organisms into circulation must:a.inform the recipient of the properties that are significant for the implementation of Articles 6–9;b. instruct the recipient in such a way that the principles of Articles 6–9 are not violated if the organisms are handled appropriately.2 Instructions from producers and importers must be followed.3 The supply to agricultural or forestry enterprises10 of genetically modified organisms that are subject to a labelling requirement requires the written permission of the enterprise owner.10 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.Art. 16 Product flow segregation  1 Any person handling genetically modified organisms must take appropriate care to avoid undesired mixing with non-genetically modified organisms.2 The Federal Council enacts regulations on product flow segregation and on measures to prevent contamination, taking account of international recommendations and foreign trade relations.Art. 17 Labelling  1 Any person putting genetically modified organisms into circulation must label them as such for the benefit of the recipient, in order to ensure freedom of choice for the consumer under Article 7 and to prevent product fraud. The labelling must contain the words “genetically modified”. The Federal Council determines the details.2 The Federal Council lays down threshold values below which labelling is unnecessary for mixtures, articles and products that unintentionally contain traces of genetically modified organisms.3 Traces of genetically modified organisms are considered to be unintentional if the person responsible for providing labelling proves that the product flows have been carefully monitored and recorded.4 The Federal Council regulates the labelling of products, in particular of foodstuffs and additives obtained from genetically modified organisms.5 It regulates how organisms that are not genetically modified may be labelled as such when they are put into circulation. It also enacts regulations concerning protection from any misuse of such labelling.6 In enacting the provisions of this Article, the Federal Council takes account of international recommendations and foreign trade relations.Art. 18 Access to files and public information  1 The right to access information in official documents relating to the handling of genetically modified organisms or products obtained from them is governed by Article 10g of the Environmental Protection Act of 7 October 198311.122 After consulting the affected party, the authorities may publish information gathered during enforcement (Art. 24 para. 1) and results from surveys or monitoring, insofar as these are of general interest. They may pass on this information in accordance with a federal act or international agreement to a foreign authority or international organisation. Manufacturing and trade secrecy are reserved. 11 SR 814.0112 Amended by Art. 2 No 3 of the Federal Decree of 27 Sept. 2013 (Aarhus Convention), in force since 1 June 2014 (AS 2014 1021; BBl 2012 4323).Art. 19 Further Federal Council regulations  1 The Federal Council enacts further regulations governing the handling of genetically modified organisms, their metabolic products and wastes if, due to their properties, methods of use or quantities used, the principles of Articles 6–9 could be contravened.2 In particular, it may:a.regulate their transport, import, export and transit;b.ban or restrict the handling of certain organisms or establish an authorisation procedure for handling them;c.prescribe measures to combat certain organisms or to prevent their occurrence;d.prescribe measures to prevent any harm to biological diversity and to its sustainable use;e.prescribe long-term studies of the handling of certain organisms;f.hold public consultations in connection with authorisation procedures.Chapter 3 Enforcement  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 issues of biotechnology, and makes periodic reports to the Federal Council about its activities. 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. 24a13 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.13 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.1414 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).Chapter 4 Legal Procedures  Art. 2715 Appeal procedure  The appeal procedure is governed by the general provisions on the administration of federal justice. 15 Amended by Annex No. 93 of the Administrative Court Act of 17 June 2005, in force since 1 Jan. 2007 (AS 2006 2197; BBl 2001 4202).Art. 28 Appeal by organisations  1 National environmental protection organisations have a right of appeal against authorisations for putting into circulation genetically modified organisms intended for lawful use in the environment, provided that the organisations were set up at least 10 years before the appeal is filed.2 The Federal Council designates the organisations with right of appeal.Art. 29 Appeal by the authorities  1 The Federal Office for the Environment16 has the right to avail itself of cantonal and federal law in contesting decisions by cantonal authorities in application of this Act and its implementing regulations.2 The same right of appeal is also accorded to the cantons, insofar as harm to their territory from neighbouring cantons is disputed. 16 The title of this administrative unit was modified by Art. 16 para. 3 of the Publications Ordinance of 17 Nov. 2004 (17Nov.2004(AS20044937).Chapter 5 Liability  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 inputs17; orb.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 loss or damage is caused by any other permitted putting into circulation of genetically modified organisms as a result of the modification of the genetic material, the person subject to the authorisation requirement is liable if the organisms are defective. He or she is also liable for a defect which, according to the state of knowledge and technology at the time when the organism was put into circulation, could not have been recognised.5 Genetically modified organisms are defective if they do not provide the safety that is to be expected taking all circumstances into account; in particular:a.the way in which they are presented to the public;b.the use that can reasonably be expected;c.the time at which they were put into circulation.6 A product made from genetically modified organisms is not considered defective for the sole reason that an improved product has later been put into circulation.7 The loss or damage must have been caused as a result of:a.the new properties of the organisms;b.the reproduction or modification of the organisms; orc.the transmission of the modified genetic material of the organisms.8 A person is exempt from liability if he or she can prove that the loss or damage was caused by an Act of God or through gross misconduct by the injured party or a third party.9 Articles 42–47 and 49–53 of the Swiss Code of Obligations18 apply.10 The Confederation, cantons and communes are also liable in accordance with paragraphs 1–9.17 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.18 SR 220Art. 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; orb.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.Chapter 6 Criminal Provisions and Administrative Measures19 19 Amended by No I of the FA of 16 June 2017, in force since 1 Jan. 2018  (AS 2017 6667; BBl 2016 6521). Art. 35 Criminal provisions20  1 Any person who wilfully:a.handles genetically modified organisms in such a way that the principles of Articles 6–9 are violated;b.in handling genetically modified or pathogenic organisms fails to take all necessary containment measures or carries out activities in contained systems without notification or authorisation (Art. 10);c.releases genetically modified organisms for experimental purposes or puts them into circulation without permission (Art. 11 para. 1 and 12 para. 1);d.21puts genetically modified organisms into circulation without informing and instructing the recipient appropriately (Art. 15 para. 1);e.handles genetically modified organisms contrary to instructions (Art. 15 para. 2);f.violates provisions on product flow segregation and on the precautions to prevent contamination (Art. 16);g.22puts genetically modified organisms into circulation without labelling them as such for the recipient (Art. 17 para. 1);h.violates the provisions on the labelling of products obtained from genetically modified organisms (Art. 17 para. 4);i.puts genetically modified organisms into circulation and labels them as «not genetically modified» (Art. 17 para. 5);j.violates special provisions on the handling of genetically modified organisms (Art. 19).is liable to a custodial sentence not exceeding three years or to a monetary penalty.232 …243 If the offender acts through negligence, he or she is liable to a monetary penalty not exceeding 180 daily penalty units.2520 Inserted by No I of the FA of 16 June 2017, in force since 1 Jan. 2018  (AS 2017 6667; BBl 2016 6521).21 Amended by No I of the FA of 19 March 2010, in force since 1 Aug. 2010  (AS 2010 3233; BBl 2009 5435).22 Amended by No I of the FA of 19 March 2010, in force since 1 Aug. 2010  (AS 2010 3233; BBl 2009 5435).23 Amended by No I of the FA of 19 March 2010, in force since 1 Aug. 2010  (AS 2010 3233; BBl 2009 5435).24 Repealed by No I of the FA of 19 March 2010, with effect from 1 Aug. 2010  (AS 2010 3233; BBl 2009 5435).25 Amended by No I of the FA of 19 March 2010, in force since 1 Aug. 2010  (AS 2010 3233; BBl 2009 5435).Art. 35a26 Administrative measures  The following administrative measures may be taken in respect of infringements of this Act, its implementing provisions or decisions issued on the basis thereof:a.prohibition of activities;b.withdrawal of authorisations;c.substitute performance against reimbursement of costs;d.confiscation;e.forfeiture and destruction;f.a charge of up to CHF 10,000 or the value of the gross receipts from products put unlawfully into circulation.26 Inserted by No I of the FA of 16 June 2017, in force since 1 Jan. 2018  (AS 2017 6667; BBl 2016 6521).Chapter 7 Final Provisions  Art. 36 Amendment of current legislation  The amendment of current legislation is regulated in the Annex.Art. 37 Transitional period for the use of antibiotic resistance genes   Resistance genes to antibiotics used in human and veterinary medicine may be used in field trials until 31 December 2008.Art. 37a27 Transitional period for putting genetically modified organisms into circulation  No authorisations may be granted until 31 December 2021 for putting into circulation genetically modified plants and parts of plants, genetically modified seeds and other plant propagation material and genetically modified animals for agricultural, horticultural or silvicultural purposes. 27 Inserted by No I of the FA of 19 March 2010 AS 2010 3233; BBl 2009 5435). Amended by No I of the FA of 16 June 2017, in force since 1 Jan. 2018  (AS 2017 6667; BBl 2016 6521).Art. 38 Referendum and commencement  1 This Act is subject to optional referendum.2 The Federal Council determines the commencement date.Commencement date: 1 January 200428 Annex No. 4 Art. 54 para. 2 second sentence: 1 August 200529Annex No. 3 Art. 7a, 7c and 29 No. 1 let. abis and aquater: 2 May 200630the other articles in Annex No. 3: at a later date28 Federal Council Decree of 19 Nov. 2003.29 AS 2005 2601 229330 AS 2006 1425Annex (Art. 36)Amendment of current legislation …3131 The amendments may be consulted under AS 2003 4803.