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> Swiss Environmental Law
A brief guide
2 > Swiss Environmental Law
Publisher
Federal Office for the Environment (FOEN)
The FOEN is an office of the Federal Department of
Environment, Transport, Energy and Communications (DETEC).
Idea, concept, production
Urs Steiger, steiger texte konzepte beratung, Lucerne
In-house consultant
Marco Zaugg, Legal Affairs Division
Suggested form of citation
Swiss Environmental Law
A brief guide
Federal Office for the Environment, Bern: 36 pp.
Translation
Philippa Hurni and Kenneth MacKenzie
Design
Kurt Brunner, Martin Brunner Associés
Pictures
Cover, p. 7 right: Keystone/Lukas Lehmann
p. 3: BAFU
p. 4: AWEL, Zurich
p. 5: Sammlung Verkehrshaus Luzern
p. 6: Keystone/Michael Kupferschmidt
p. 7 left: CamCopter/Rolf Widmer
p. 8: Keystone/Francesca Agosta
p. 9 left, p. 13, p. 18 bottom, p. 20 top right:
BAFU/AURA/Emanuel Ammon
p. 9 right: Keystone/Sandro Campardo
p. 11: Jakob Studnar, Düsseldorf
p. 15: Keystone/Thedi Suter
p. 16, p. 24-25, p. 27 left: Priska Ketterer, Lucerne
p. 18 top: René Maier, Brienz
p. 20 left, p. 32 bottom right: Keystone/Martin Ruetschi
p. 20 bottom right: Stadtwerke Schweinfurt GmbH
p. 22: Roche/Christopher Gmuender, Muttenz
p. 27 right: BAFU/Markus Senn, Winterthur
p. 28: ALN, Fachstelle Naturschutz
p. 30: Albert Marty, Rothenthurm
p. 32 top: Keystone/Gaëtan Bally
p. 32 bottom left: Landbote/Marc Dahinden
p. 35 top: Keystone/Regina Kuehne
p. 35 bottom lef: Keystone/Craig Ruttle
p. 35 bottom right: Keystone/Jean-Christophe Bott
Ordering address for the print version and link to PDF file
FOBL, Distribution of Publications, CH-3003 Bern
Tel. +41 (0)31 325 50 50, fax +41 (0)31 325 50 58
verkauf.zivil@bbl.admin.ch
Order number: 810.400.082engl
www.bafu.admin.ch/ud-1072-e
This publication is also available in German, French and Italian.
© FOEN 2013
> Contents
Foreword 3
An Overview of Environmental Law
Refl ecting environmental awareness 4
Making and Enforcing Environmental Law
Fundamentals of environmental protection 8
Environmental protection – a shared task 10
No authorisation without considering
environmental impact 12
Various ways of protecting the environment 13
Aspects of Environmental Law
The Environmental Protection Act 15
Control of ambient pollution 17Waste and soil 19Handling chemicals with care 21The Forest Act 23
The Waters Protection Act 25
Protecting biodiversity and landscape 28
Controlled handling of organisms 31
Protection against natural hazards 33
The challenge of climate protection 34
3 > Swiss Environmental Law3
For links to further information relating to this brochure, see:
www.bafu.admin.ch/environmental-law-brief
> Foreword
The World Congress on Justice, Governance and Law for Environmental Sus-
tainability, which was held by the United Nations Environment Programme
(UNEP) from 17 to 20 June 2012 in Rio de Janeiro, calls on all countries to apply
environmental legislation effectively and efficiently in order to achieve sustain-
ability goals. Ecological sustainability can only be achieved if environmental
legislation is fair, clear, and implementable.
Swiss environmental law, which has reached a very high standard in recent decades,
strives to achieve this. Over the coming years Switzerland will develop and adapt
environmental legislation to new challenges, thereby fi lling in gaps in the law.
The present brochure gives you an overview of the wide range of Swiss environ-
mental legislation which has been developed over the decades. A comprehensive
view of national and relevant international legislation and the interdependencies
between the two is presented. Innovative graphics help to explain the abstract
world of the law in visual form.
Dr. iur. Florian Wild
Head of Legal Affairs
Member of the Executive Board
Federal Offi ce for the Environment (FOEN)
Even in the 1950s and 1960s, waste water from Switzerland’s
factories, businesses and households flowed practically un-
treated back into the country’s streams, lakes and rivers.
It was common for streams to be covered in scum or have a
strange colour. Stocks of fi sh regularly died. A construction
boom and a rapid increase in the number of cars and other
vehicles brought ever more noise, air pollution and the
progressive expansion of built-up areas at the expense of
the countryside.
An Overview of Environmental Law
> Refl ecting environmental awareness
The fi rst serious environmental problems came to light with the economic boom of the 1950s and 1960s
and the associated growing pressure on the environment. In reaction to this and as the understanding
of ecological questions grew, a steadily more sophisticated and comprehensive system of environmental
legislation was developed.
Clean lakes and rivers, respect for nature
Voters, Parliament and the Federal Council reacted to grow-
ing environmental problems by bringing in new legislation
that has gradually expanded environmental law since then and
adapted it to the latest requirements. In 1953, for example,
the duty to protect lakes and rivers was enshrined in the Con-
stitution and four years later a corresponding act of Parlia-
ment (the Waters Protection Act) came into force. Its main
goal was to expand the sewage disposal networks and improve
5 > Swiss Environmental Law
Forest protection
The Forests Inspectorate Act of 1876 placed Swiss forests under
strict protection and laid down the principles of sustainable mana-
gement for the first time. The Act was a reaction to various flooding
disasters in the 19th century, including probably the worst ever flood
in the Alps, which occurred in 1868. Its scale was in part due to
massive over-exploitation of the forests. A year after the Forests
Inspectorate Act, the Hydraulic Engineering Act was passed, which in
subsequent decades led to the widespread damming and channel-
ling of Swiss lakes and rivers.
connections to sewage treatment plants. Concerns about the
rapid changes to the landscape led to an article on the protec-
tion of nature and cultural heritage being added to the Federal
Constitution following a popular vote in 1962. This amend-
ment to the Constitution resulted in the enactment of the Na-
ture and Cultural Heritage Act (NCHA) in 1966, which for the
fi rst time regulated at federal level the protection of indige-
nous animal and plant life and the preservation of the land-
scape and monuments. This formed the basis for the Federal
Inventory of Landscapes of National Importance.
The battle over the Environmental Protection Act
In 1965, a parliamentary request called for statutory regula-
tions in the environment sector. The related article on environ-
mental protection in the Constitution was approved in a popu-
lar vote in 1970 with over 90 per cent of the Swiss electorate
in favour. The oil crisis of the 1970s, along with the Club of
Rome report on “The Limits to Growth”, the “Global 2000”
report and a report by the US government on the global envi-
ronmental situation, had in the meantime intensifi ed the pub-
lic debate on environmental problems. Nevertheless, it took
fi fteen years before the Environmental Protection Act (EPA)
fi nally came into force in 1985.
In 1983, the phenomenon of “dying forests” suddenly brought
air pollution into the public eye. It also helped to ensure
that the EPA was quickly implemented in specific terms
in this area, in the form of the Air Pollution Control Ordi-
nance (OAPC).
At an international level, the discovery of a massive hole in
the ozone layer over the Antarctic in 1985 brought an aston-
ishingly rapid reaction: in 1987 the Montreal Protocol, also
ratifi ed by Switzerland, introduced a global ban on the sub-
stances most harmful to the ozone layer.
Waste disposal without environmental damage
By the 1980s, it was clear that the dumping of waste was in
many places leading to pollution of water bodies and unpleas-
ant odours. A federal waste disposal strategy was developed
in response to this, and led to comprehensive waste regula-
tions in the revised EPA and in the Technical Ordinance on
Waste (TOW), according to which waste must be recycled
after treatment or deposited in suitable landfi ll sites in an
environmentally sound way. At the same time, sites contami-
nated by waste should be quickly remediated. By introducing
a landfi ll ban for combustible waste in the year 2000, Switzer-
land reached a further milestone in waste disposal. The ban
resulted in unexploited waste being thermally processed or
even recycled.
Chronology of the most important pieces of environmental legislation
1875 Hunting Act (completely revised 1904, 1925 and 1986, HuntA)
1875 Fishing Act (completely revised 1888, 1973 and 1991, FishA)
1876 Forests Inspectorate Act (completely revised 1991 Forest Act, ForA)
1877 Hydraulic Engineering Inspectorate Act (completely revised 1991 Hydraulic Engineering Act)
1955 Waters Protection Act (completely revised 1971 and 1991, WPA)
1966 Nature and Cultural Heritage Act (NCHA)
1983 Environmental Protection Act (EPA)
1999 CO2 Act (completely revised 2012)
2003 Gene Technology Act (GTA)
Forestation in the Reuss Valley, Canton Uri, during construction of the Gotthard railway line
6 > Swiss Environmental Law
Encouraging risk awareness
People have always been aware of substances that are poison-
ous – or at least of those that are poisonous to human beings.
The 1969 Toxic Substances Act (TSA) created a framework
for dealing with toxic substances in order to protect the health
of humans and animals. The Environmental Protection Act
expanded the statutory framework to include the protection of
the environment.
On 1 November 1986, a fi re at a chemicals warehouse at Schwei-
zerhalle near Basel resulted in pollutants entering the River
Rhine and causing serious damage. Suddenly everyone was
aware that storing and handling chemical substances carried
serious environmental risks. The Major Accident Ordinance
(MAO) introduced shortly thereafter helped to increase risk
awareness and substantially reduce the risks. The Chemicals
Act (ChemA) of 2000 introduced comprehensive new regula-
tions for the entire chemicals industry; 2005 saw further im-
portant environmental legislation in the form of the Chemicals
Risk Reduction Ordinance (ORRChem).
Tackling the risks of the chemicals industry in such detail led
to attention being focused on other technologies that carry en-
vironmental risks, such as biotechnology. This has been regu-
lated in the EPA and in the Gene Technology Act (GTA) as
well as in the related ordinances. The appearance of mobile
phones saw the rapid development of another technological
fi eld that not only brought advantages for society, but also
risks. As a precautionary measure, legislation reacted to this
by imposing clear technical requirements.
Space for animals, plants, rivers and lakes
In the 1970s and 1980s, the awareness grew that more compre-
hensive measures were required in order to counter an insidious
loss of animal and plant species. The approval of the Rothen-
thurm Initiative in 1987 marked a decisive step towards strict-
er protection of habitats. It led to the protection of mire bio-
topes and moorlands being enshrined in the Constitution.
Subsequently, protection for other threatened habitats such as
fl oodplains, amphibian spawning grounds or dry grasslands
and pastures was increased. Since 2007 legislation in this fi eld
has also taken account of demands for sustainable develop-
ment by making it possible to call for the creation of parks of
national importance in regions of especially high natural
and scenic value. Following a popular initiative, in 1991 regu-
lations on residual fl ow in rivers were incorporated in the
new Waters Protection Act, which constituted a further step
towards comprehensive nature conservation. This means that
the law no longer focuses simply on keeping water clean, but
recognises that rivers and lakes can only fulfi l their function as
a habitat for animals and plants if they receive suffi cient water
and have the space required for their natural development.
Clearing up operations after the chemical accident at Schweizerhalle, Muttenz BL
7 > Swiss Environmental Law
This was anchored in the law in 2011 in a further revision of
waters protection legislation. This also meets the demand for
improved fl ood protection, the basic concepts of which had
been reconsidered following the disastrous storms of 1987.
Protection against natural hazards should no longer be
achieved simply by means of bigger and stronger protective
structures. The new approach accepts that complete protec-
tion is not possible everywhere. It combines structural safety
measures with spatial planning and water retention measures.
In addition, a degree of controllable damage is tolerated.
Integrated environmental protection and sustainable
development
A clear breakthrough in the holistic approach to the environ-
ment was achieved at the fi rst World Environment Conference
in Rio de Janeiro in 1992, known as Rio 92. The concept
of sustainable development launched at the time demanded
not only that the world should adopt a holistic approach to
environmental issues, but also that economic and social con-
cerns be taken into account. At Rio, two crucial interna-
tional agreements were also adopted: the Biodiversity Conven-
tion and the Climate Change Convention. Building on the
Climate Change Convention, the Kyoto Protocol on reducing
greenhouse gases was approved in 1998. In order to imple-
ment this Protocol, Switzerland introduced the CO2 Act in
1999. Rio 92 also saw the start of international efforts to
reduce the effects of chemicals production and use; in 2002
the Stockholm Convention on Persistent Organic Pollutants
(POPs Convention) was adopted (on the global dimension of
environmental protection, see box p. 11).
Driven by extensive scientifi c advances on the one hand and
appalling real-life experiences and disasters on the other,
Swiss environmental legislation has developed in the past 50
years into a comprehensive and integrated legal system. New
technologies, fi ndings and developments will continue to re-
sult in amendments to this legal system. In the near future,
loopholes also have to be closed, such as those relating to bio-
diversity and – probably – nanotechnology. There is also a need
for action in relation to the effi cient use of natural resources.
The Häuli combined landfi ll site in Lufi ngen ZH during the construction phase
Assorted metal removed from the slag following waste incineration
The precautionary principle
The saying “prevention is better than cure” is not only conven-
tional wisdom, it is also the primary concept of Swiss environ-
mental law; forward-looking, environmentally sound planning
and action is more cost-effective in the long-term and impacts
the environment to a lesser extent than improvements carried
out at a later time or attempts to rectify environmental dam-
age. The precautionary principle can be effectively applied in
environmental impact assessments, in commitments to limit
emissions and in the general duty of care in water protection.
The polluter pays principle
Costs incurred in rectifying environmental pollution or dam-
age should not be borne by the general public but rather by
those who are directly responsible for them. Public acceptance
of charges for waste disposal and waste water disposal show
that the polluter pays principle is now part of everyday life.
But the principle also applies in other areas, for example when
landfi lls and other polluted sites require decontamination.
Making and Enforcing Environmental Law
> Fundamentals of environmental protection
Environmental law is based on a series of basic principles which, irrespective of particular statu-
tory provisions, infl uence the nature of legislative acts and ordinances. They also play a role in
the practical implementation of legal provisions.
9 > Swiss Environmental Law9
Addressing the root cause
If possible, our activities should not have any negative envi-
ronmental impact at all. The Environmental Protection Act
(EPA) and its Ordinances therefore establish emission limits
in order to restrict the amount of pollution that an installa-
tion produces. When environmental measures are applied,
attention should initially be paid to the source of pollution.
For example, in order to reduce noise emissions from rail-
ways, quieter carriages should fi rst be put into use before
noise barriers are erected to keep out already existing noise.
Holistic approach
The aim of environmental law is to reduce overall environ-
mental pollution. The various environmental aspects should
therefore always be given equal consideration. Measures
should not be unilaterally applied in one area, only for them to
lead to excessive negative effects in another. Noise protection
measures, for example, should not hinder nature and land-
scape protection to any signifi cant degree.
The cooperation principle
Swiss environmental law is not simply ordained; it is devel-
oped in a broad-based decision-making process involving
various partners. Political parties, cantons, the private sector,
environmental organisations and individual industries are all
involved in the drafting of ordinances and implementation
guides, and this ensures that practicable and effi cient solu-
tions are found. Cooperation with the private sector also
means that environmental measures can be introduced at an
early stage, and possibly on a voluntary basis. Individual en-
forcement duties such as inspections and monitoring can be
delegated to companies or organisations, as has happened in
the waste sector (recycling) or in the implementation of the
Air Pollution Control Ordinance.
Construction machinery with particle fi lter Empty PET bottles ready for recycling
10 > Swiss Environmental Law
Environmental groups serving the environment
The environment cannot defend its own rights. Environmental law passes
this duty on to environmental groups under an instrument known as the
organisations’ right of appeal, which gives national environmental groups
recognised by the Federal Council the right to object to or fi le appeals against
specifi c projects. In this way, the groups act as nature’s advocates and can
demand a court decision on whether such plans comply with the law.
In federally organised Switzerland, wherever possible state
tasks are carried out at one of the three levels of the state, i.e.
by the Confederation, or by the relevant canton or commune.
What is known as the “principle of subsidiarity” applies,
according to which these tasks should be carried out at the
lowest level of state possible.
Acts and ordinances
The legal principles of environmental protection are laid
down in acts of Parliament. In addition, the Federal Council
issues ordinances, which add detail to the provisions con-
tained in the acts. The preparatory work for acts and ordi-
nances is carried out by the Federal Administration. In this it
works closely with the cantons, political parties and business
and environmental groups. In Switzerland, a well established
system of consultation procedures and hearings allows the
knowledge and experience of experts and the views of the
implementing authorities and political decision-makers to be
exploited in the lawmaking process.
Key role of the cantons in implementation
Written law becomes effective when it is applied at a practical
level. The responsibility for this is fi rst and foremost that of
> Environmental protection – a shared task
In its various federal acts and their ordinances, the Confederation sets out both the goals of environ-
mental protection and the instruments and measures that are used to achieve these goals. The cantons
essentially have the task of making these goals reality. The Confederation is responsible for imple-
menting legislation in specialised sectors. In addition, it supervises whether the cantons are carrying
out their tasks in accordance with the law. Both at the lawmaking stage and during implementation,
the Confederation and the cantons work closely with the private sector.
Legislative process and implementing environmental law in Switzerland
Consultation CantonsPolitical partiesPrivate sectorEnvironmental Organisations
CantonsPolitical partiesPrivate sectorEnvironmental Organisations
Legislation Implementation
Act Ordinance
Parliament Federal Council
Federal Council
Administration
Administration Private sector CommunesPrivate sectorHouseholds
Confederation Cantons Federal Supervision
Preparation
Decision
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11 > Swiss Environmental Law
the cantons, which thus play a crucial role in environmental
protection. Individual cantons organise the implementation of
the law in different ways, in particular in the extent to which
they delegate tasks to the communes or take care of those
tasks themselves. Specifi c duties may also be entrusted to
private companies or business or – more rarely – environmen-
tal groups. In some clearly specified cases – for example
in the case of forest clearance projects involving more than
5000 m2, large installations for the thermal production of
energy and major hydro-electric power plants – the cantons
are required to canvass the opinions of the specialist federal
environment authority before reaching a decision. In certain
sectors, the Confederation itself is responsible for implement-
ing legislation, in particular concerning the import or export
of goods and waste and the issuing of certain licences, for ex-
ample for railways, motorways, cableways and other infra-
structure facilities.
Under the watchful eye of the Confederation
The Confederation supervises the cantons’ implementation of
environmental law and thus ensures that environmental legis-
lation is applied equitably throughout Switzerland. As far as
possible, this task is achieved in partnership with the cantons.
If, however, the Confederation is of the view that cantonal
authorities are not complying with environmental law, for ex-
ample by granting licences unlawfully, it may exercise its
right of appeal as a public authority so that the case in ques-
tion is then assessed by the competent court.
Environmental protection – a global task too
Many environmental problems, such as excessive noise
or damage to biotopes, are evident in the immediate vicinity of the
source of the problem. Others manifest themselves a long distance
away and thus occasionally take on a global dimension – whether as
a result of the underlying chemical and physical processes or eco-
nomic globalisation. The use of chlorofluorocarbons (CFCs) in
cooling systems and aerosol cans, for example, caused the hole
in the ozone layer far away over the Antarctic. A similar situation
is that of global climate change, caused by greenhouse gas emis-
sions all around the world. Hazardous waste, which can be very
expensive and difficult to dispose of in an environmentally accepta-
ble way, is moved around the world in the search for cheap dis-
posal opportunities.
Environmental problems with a global dimension cannot be overcome
solely by enacting environmental legislation in individual countries.
It requires joint and globally coordinated action by the entire inter-
national community. In view of the potentially disastrous effects of
these problems, international efforts to protect the environment
have become markedly more important in recent years. In framework
conventions – such as the Climate Change Convention or the
Biodiversity Convention – the international community has agreed
on general goals in these fields. Agreements known as “protocols”,
issued on the basis of the framework conventions, such as the Kyoto
Protocol in the climate sector, regulate how these goals are to
be achieved in practice. After acceding to (ratifying) an internatio-
nal environment convention, individual countries must normally
adapt their national legislation to the international requirements.
This happened in Switzerland in the climate sector with the
enactment of the CO2 Act.
International environment policy is one of the priorities of Swiss
foreign policy. In its efforts to achieve an effective system of
international environmental law, Switzerland is making a major
contribution to protecting the global environment. This also serves
to protect Switzerland itself, because in this way it can prevent
damage caused by cross-border environmental pollution. Improved
international environmental standards also protect Switzerland
from cheap imports from countries that have not introduced or fail
to enforce effective environmental regulations.
Ship breaking in Bangladesh
12 > Swiss Environmental Law
The authority that grants authorisation for a construction pro-
ject, whether it is the local council or a cantonal or federal
offi ce, checks whether the project meets the statutory require-
ments. In addition to planning law and building regulations,
consideration must be given to the environmental impact of
the project. However, the need for coordination not only aris-
es in relation to buildings and other structures, but also in rela-
tion to chemicals, where the protection of health, the environ-
ment and workers must often all be considered.
A single project generally requires several authorisations
from several authorities. To ensure that they do not reach con-
tradictory decisions, the authorities are required to coordinate
their decisions. At federal level, the lead authority issues
all the required authorisations. It takes an overall decision
based on reports from the other responsible offices. In can-
tons that do not organise their procedures in this way, the au-
thorities must ensure that decisions are coordinated in some
other way.
For the construction of a new gas pipeline, for example,
14,000 m2 of forest had to be cleared and vegetation removed
from the banks of a river. The authorisation for the new gas
pipeline was granted by the Swiss Federal Offi ce of Energy
(SFOE). At the same time, the SFOE also authorised the
forest clearance operation and the removal of the riverside
vegetation, having already obtained a report on this from
the FOEN.
Spatial planning prevents mistakes
Spatial planning also has an important – preliminary – coordi-
nating function: it regulates how specifi c zones, in particular
building zones, can be used. Here it must ensure that when
land is used for shopping centres or sports and event centres,
for example, which are associated with increased traffi c and
therefore with noise and air pollution, the quality of the envi-
ronment in residential and recreational areas does not suffer.
> No authorisation without considering
environmental impact
An authority that is called upon to authorise a project that could have environmental repercussions must
assess the likely environmental impact in addition to all the other legal aspects. In major projects that could
have a considerable impact on the environment, this assessment is based on an environmental impact report.
Spatial planning also takes account of environmental aspects in order to avoid subsequent disputes.
Assessing environmental impact
Large projects such as power plants, motorways and railways,
industrial plants or shopping centres can have a considerable effect
on the environment. A list has been drawn up of specific types of
structures for which a planning permission applicant is legally re-
quired to investigate the environmental impact of the project before
a decision is reached, and to present the results in an environmental
impact report. This must also indicate what measures are planned
to reduce the effects on the environment. On the basis of this report,
and as part of its environmental impact assessment, the lead author-
ity considers whether the planned project complies with environ-
mental regulations.
An environmental impact assessment was also required for the
depot built by a construction waste company in the Canton of Zurich.
The company planned to make regular use of what was formerly
an open yard and to cover the area over for this purpose. The pro-
perty was adjacent to a protected raised bog of national importance
and served as a buffer zone. The bog was also bordered by the
motorway and the main road. As the main road had recently been
equipped with a drainage system, the bog was suffering from a
shortage of water. The environmental impact report indicated that
the bog could benefit from the construction of the new depot:
clean rainwater would be collected on the roof and channelled onto
the bog. In addition, the ground connecting the new building with
the bog could be planted with suitable vegetation.
13 > Swiss Environmental Law13
The provisions of environmental legislation fi nd specifi c ex-
pression in different forms. Broad indications of desired be-
haviour are formulated in general regulations; for example,
bodies of water may not be polluted, and waste should be
separated before collection and recycled as far as possible.
There are also very specific provisions expressing exact re-
quirements, often in fi gures; for example, upper limits for air
pollutants or noise pollution.
Clear terms of reference, tough consequences
Rules and prohibitions are no doubt the most well known type
of law. An infringement of the most important prohibitive
laws results in prosecution. Environmental law clearly estab-
lishes what kind of behaviour is prohibited by setting, for ex-
ample, upper limits to be respected. It clearly states the maxi-
mum volume of pollutants that a car exhaust may emit and
how much noise a vehicle may produce. Pollutant emissions
must be measured every two years to show that the permit-
ted limit is not exceeded. Heating systems in buildings must
also meet set pollutant levels. The use of certain heating fuels,
in particular high-polluting fuel oil or heating oil with high
sulphur content is also prohibited. Nature reserves are pro-
tected by regulations on use. For example, in areas where
agricultural use is still permitted, there are clear regulations
regarding the time of year at which grass may be mown.
Rules and prohibitions have led to a considerable improve-
ment in the quality of the environment. Regulations prohibit-
ing forest clearance has meant that the area under forest has
been maintained and may even increase in the long-term.
Upper pollutant limits for heating systems and vehicles have
led to technological developments such as new furnaces, cata-
lytic converters and particle fi lters. There has been an improve-
ment in the ozone layer thanks to the ban on chlorofl uorocar-
bons (CFCs).
> Various ways of protecting the environment
Legal systems contain various instruments designed to protect the environment, from imposing bans
to introducing rules and incentives. The wide range of instruments makes it possible to implement statu-
tory regulations effectively, with as little administrative involvement as possible and at minimum eco-
nomic cost.
Using recycled concrete
14 > Swiss Environmental Law
Affecting people’s wallets
The idea of market-based instruments is to apply the mecha-
nisms of the free market economy to create fi nancial incen-
tives which encourage environmentally friendly behaviour.
People who do not consider the environment in their actions
should be required to pay more than those who do. This can
be achieved by means of incentive taxes or levies. The incen-
tive tax on solvents, for example, was designed in such a way
so as to increase step by step over its introductory phase.
This created an incentive for the industries affected to reduce
their use of solvents to an ever greater extent. The incentive
tax has also meant that in some production processes in the
chemical industry, solvents are now completely recycled or
are no longer required at all.
Environment management systems should encourage busi-
nesses to protect the environment not only in specifi c areas,
but also to consider environmental issues in everything they
do and to make constant improvements. Businesses which in-
troduce an environment management system use this to their
competitive advantage. Their environmental performance is
regularly monitored.
Market-based instruments are considered when it is not nec-
essary to prescribe certain practices but incentives alone
should be suffi cient to encourage people to act in a particular
way. The aim of these incentives is to increase self-interest
in protecting the environment. This may take the form of
charges or levies to pay for necessary measures such as waste
recycling, or schemes whereby the money is returned to
the public and businesses via the state pension system (OASI)
or medical insurers, as is to some extent the case with the
CO2 levy.
Commitment from individual industries
In order to take account of the special conditions in individual
sectors of the economy, environmental law allows industries
to defi ne their own environmental measures in agreements.
The industries undertake to introduce improvements accord-
ing to a particular time schedule and to a specifi ed extent.
In return, they are not subjected to other regulations. For ex-
ample, agreements of this kind have been made with owners
of fi lling stations to improve air quality on their premises.
The energy-intensive cement industry, where the nature of
production processes means that the scope for saving ener-
gy is limited, can also enter into agreements of this kind.
The CO2 Act also allows for specifi c solutions to be drawn up
for individual plants. Some businesses are exempt from the
CO2 levy if they agree to introduce measures to limit their
carbon emissions.
Environmental agreements mean that special requirements
can be taken into account . They open up opportunities for
businesses to introduce improvements, yet at the same time
require from them greater independent responsibility.
Clear-sighted environmental planning
The diverse nature of most environmental problems requires
that the state is not solely reactive. A key role is also assigned
to proactive environmental design and thus to environmental
planning. The term “planning” involves a variety of instru-
ments which can be categorised according to their effect as
informative, infl uential and mandatory planning measures.
The latter are usually of a protective nature. They allow us to
determine which activities can be pursued in a particular area
or to what degree an area may be affected, for example by
noise or air pollutants. For protection against noise, building
areas are allocated so-called “sensitivity levels” within the
communal land use plans. These set out how much noise may
affect these areas. The purpose of water protection areas is to
protect groundwater wells from fertilisers, pesticides, etc.
Nature conservation areas are designed to protect vulnerable
habitats such as bogs, dry meadows or fl oodplains.
Action based on information
Information plays a crucial role in environmental protection:
for example, access to information on the state of the environ-
ment must be guaranteed.
At the same time, the active dissemination of information on
how the environment can be protected and depolluted helps
the authorities to implement environmental measures. It also
allows companies and individuals to be aware of the impact of
their actions on the environment and to act responsibly both at
work and at home. In large and small campaigns, the federal
government has increased environmental awareness and indi-
cated ways in which each of us can be environmentally friend-
ly, in particular in terms of waste, air and noise. This active
spread of information has thus helped towards the level of
environmental progress attained so far.
The EPA regulates several environmental sectors in general
terms. It also sets out the basic instruments used in environ-
mental protection and lays down the fundamental legal princi-
ples that bring about a comprehensive awareness of environ-
mental protection.
Ordinances and other environmental legislation
The EPA deals with a key area of environmental protection,
the issues of protection against emissions, substances hazard-
Aspects of Environmental Law
> The Environmental Protection Act
The Environmental Protection Act (EPA) is the cornerstone of Swiss environmental law. It regulates
several key areas of environmental protection and contains general provisions that apply to all
aspects of environmental protection. The detailed provisions are contained in the various ordinances
to the EPA.
ous to the environment, organisms, waste (including the
remediation of contaminated sites) and the soil. The EPA con-
tains general regulations on all of these areas, such as
provisions on what instruments may be used. The detailed
provisions, for example limit values, are set out in the relevant
ordinances. Other areas of environmental protection, such as
waters protection, climate protection, forests, nature and land-
scape protection, etc. are dealt with in their own specifi c acts
of Parliament.
16 > Swiss Environmental Law16
General provisions and instruments
In addition, the EPA lays down the basic legal principles of
Swiss environmental law (cf. p. 8) and sets out the general in-
struments of environmental law such as environmental impact
assessments, environmental information, incentive taxes and
the organisations’ right of appeal. But it does not confi ne itself
solely to precautionary protective measures. In its provisions
on remediation and improvements, the EPA also stipulates
what is to be done if the regulations are not complied with.
Environmental Protection Act
(EPA)
Ambient pollution control
Ch
em
ica
ls
Organisms
Wa
ste/Polluted sites
Soil
– Implementing pow
ers
Organisation
– Supervision
– Delegation
– Specialist agencies
ev
alua
tion
– R
epor
ting
and
Info
rmat
ion
– P
ublic
rel
atio
ns
– Inspections
– Environmental managem
ent
assessment– Environmental impac
t
Guaranteed enforcem
ent
Fina
nces
– Fe
es–
Fina
ncia
l aid
and
su
bsid
ies
Disaster protection
Remediation/Improvement
– Polluter pays principleBasic principles
– Precautionary principle
– Holistic approach
Rig
ht o
f app
eal f
or o
rgan
isatio
ns an
d authorities
Civil liability
Expr
opria
tionCrim
inal provisions
Checking the water quality in streams and rivers
Regulatory fi elds covered by the EPA
Superordinate regulations
Implementation guarantees
17 > Swiss Environmental Law17
Limiting impact
As a preventive measure, the EPA requires that the spread of
air pollutants, noise, non-ionising radiation and vibrations
should be prevented as far as possible – and prevented where
they occur. This can take the form of precautionary emission
limits and planning measures which ensure that buildings are
not constructed in places where levels of pollution are already
high. These are measures that reduce emissions directly at
their source or prevent them from spreading. Heating systems
and engines, for example, should be designed to release as
few noxious exhaust fumes as possible into the air and to be
as quiet as possible. The ordinances establish the maximum
permitted emissions for a range of installations and devices.
Technology provides many opportunities for reducing emis-
sions, such as very effi cient engines or fuels with low levels of
pollutants. Well insulated houses require less fuel for heating
Preventing environmental impact (control of ambient pollution)
Under the Environmental Protection Act (EPA), the aim of ambient pollution control is to protect the environment from harmful effects or nuisances. Whilst the EPA establishes gen-eral conditions, the various ordinances specify targets in de-tail, in particular by setting limit values.
There is a two-sided approach to protecting against harmful
effects: on the one hand air pollutants, noise, non-ionising ra-
diation and vibrations (emissions) are kept to a minimum at
their source, and on the other, pollution (the ambient load) is
contained at the place where its effects are felt.
pollution contro
l
Ambient
pollution
Air
OVO
C 3ELHOO 2
PDSO 1
OAPC 4
Precautionary emission limitsoperationally
feasible, economi-
cally sustainable
–Maximum
emission
values
–TeTT chnically &
Stricter emission limits
–For harmful effects or
nuisances in excess of the
ambient limit value
–Contingency plans
Further regulations
–Incentive
taxes
–Improvement
–Inspection
–Requirements for placing furnaces,
machines and devices on the market
NIR*
NIRO5
– TeTT chnically &operationallyfeasible, economi-cally sustainable– Maximum installationvalues
– For harmful effects ornuisances in excess of theambient limit value
– Inspection– Improvement– Requirements for definingbuilding zones
Noise
SLO7
MaNO9
NAO6
RNAO8
– TeTT chnically &
operationally
feasible, economi-
cally sustainable
– Planning values
– Maximum emission values
– For harmful effects or
nuisances in excess of the
ambient limit value
– Inspection
– Improvement
– Sound-proofing measures in
the case of buildings
– Requirements for building zones and
planning permissions in areas affected
by noise
Vibra
-
tions
–TeTT
chni
cally
&
oper
atio
nally
fe
asib
le, e
cono
mi-
ca
llysu
stai
nabl
e
– For ha
rmfu
l effe
cts
or
nuisa
nces
inex
cess
of
the
ambi
ent l
imit
valu
e
– Inspe
ction
– Impr
ovem
ent
1) PDSO: Ordinance on the Incentive Tax on Petrol and Diesel with a Sulphur Content of more than 0.001 per cent2) ELHOO: Ordinance on the Incentive Tax on Extra-Light Heating Oil with a Sulphur Content of more than 0.1 per cent
3) OVOC: Ordinance on the Incentive Tax on Volatile Organic Compounds 4) OAPC: Air Pollution Control Ordinance
5) NIRO: Ordinance on Protection against Non-Ionising Radiation6) NAO: Noise Abatement Ordinance7) SLO: Sound Levels and Laser Ordinance
8) RNAO: Railway Noise Abatement Ordinance 9) MaNO: Machine Noise Ordinance
* NIR: non-ionising radiation
18 > Swiss Environmental Law
and sound absorbers reduce noise from machines. The estab-
lishment of limit values has driven technological progress to a
large degree, with the introduction of innovations such as the
catalytic converter in petrol engines, the particle fi lter in die-
sel engines and the development of quieter railway carriages
and wagons. Furthermore, when land is designated for build-
ing and development, the communes must take account of
noise pollution and non-ionising radiation levels.
Stricter regulations
Even if precautionary emission limits are set, this is not always
a guarantee that the impact on people and the environment will
remain at an acceptable level. For example, noise pollution
along roads and rail lines with high traffi c levels is consider-
able. The ambient limit values set by the ordinances therefore
specify the degree of pollution which is permitted in a particu-
lar place. If a set ambient limit value is exceeded, further
measures must be applied. These may involve additional pre-
cautions such as noise barriers. In areas with excessive air
pollution, it is the cantons’ task to implement contingency
plans to coordinate these additional measures.
Areas affected by control
Air Pollution
The Air Pollution Control Ordinance (OAPC) regulates in particular
the precautionary emission limits of installations and the procedure
in the case of excessive ambient air pollution. The Ordinances on
the Incentive Tax on Volatile Organic Compounds (OVOC), on Extra
Light Fuel Oil (ELHOO) and on Petrol and Diesel with high sulphur
content (PDSO) create economic incentives to reduce volatile
organic compounds and sulphur.
Noise
The Noise Abatement Ordinance (NAO) regulates limits on outdoor
noise emissions from installations and sets requirements for the
zoning and development of building land and for the granting of
planning permission in areas with high levels of noise pollution.
The Ordinance on Railway Noise Abatement Measures (RNAO) con-
tains specific requirements for improving existing railway infra-
structure. The Sound Levels and Laser Ordinance (SLO) regulates
the use of laser devices and indoor noise levels, for example at
concerts. The Machine Noise Ordinance (MaNO) regulates precau-
tionary noise emission limits for new machines and equipment.
Vibrations
In the case of vibrations, the EPA is applied directly. A more detailed
ordinance has not yet been issued by the Federal Council.
Non-ionising radiation (NIR)
The Ordinance on Protection against Non-Ionising Radiation (NIRO)
contains provisions on the impact of electrical and magnetic fields,
such as those emitted by mobile telephony antennae and electric-
ity works.
Antennae transmitting mobile telephone signals
Basel’s industrial district
19 > Swiss Environmental Law
Waste and soil
Mishandling waste can seriously damage the environment in various ways. This is why waste disposal is one of the key is-sues in the Environmental Protection Act (EPA). Two closely related issues are polluted sites and soil protection.
Avoiding waste and recycling
The EPA lays down principles on how to handle waste.
We should avoid creating waste if at all possible. If we do
produce waste, then if possible it should be reused to produce
new materials, i.e. recycled. Recyclable waste – which accounts
for around half of all domestic waste – should therefore be
collected separately from other forms of waste. The Ordi-
nance on Beverage Containers (BCO) lays down recycling
levels for drinks packaging. Consumers are required to return
electrical and electronic waste and used batteries, while retail-
ers are obliged to accept them.
Strict requirements for landfill sites
Waste that cannot be recycled and therefore has to be depos-
ited in landfills must not pose a risk to the environment.
In practice this means that waste should no longer be able to
react harmfully with the environment and must be as insolu-
ble in water as possible. Depending on its properties, waste
must therefore be physically or chemically treated before be-
ing deposited in a landfill. Domestic waste for example is
burned in waste incineration plants before its residues may
be deposited. These may only be placed in licensed landfi lls.
Depending on the condition of the waste that they store, land-
fi lls must meet predetermined requirements relating to techni-
cal equipment and after-care.
Remediation of polluted sites
Places where waste has not been treated properly in environ-
mental terms, such as old landfi lls, former industrial estates or
sites of environmental accidents, are designated polluted sites.
Waste
Waste/Pollutedsites/Soil
TOW 5
OM
W1
BCO 4
ORDEE 3
ORRChem 2
– Waste disposal planning – Information/Advice
– Polluter pays financing – Obligation to sort waste at source
– Environmentally sound disposal (recycling, landfilling)
General regulations
– Avoiding waste
– Authorisation requirement
for export/im
port
– Movem
ent document
Special regulations
– Environmentally
sound disposal
– Separation of
waste
– Prepaid disposal fee
– Recycling quotas
– Obligation to dispose
– Obligation to take back
– Obligation to return– Mandatory deposit
– Supervision of waste disposal facilities
– Incineration obligation
– Mixing ban– Recycling obligation
treatment facilities– Requirements for the disposal of waste
– Requirements for waste
Treatment
(recycling, landfill)
– Environmentally
sound disposal
Polluted
sites
OCRCS7CSO6
obligation toring and remediation
– Obligation to pay the charge
– Subsidies
– Investigation, moni-
sites– Register of polluted
– Procedure– Requirements for subsidies
– Concentration values
Soil
OIS8
– Mea
sure
s for
pol
lute
d so
il
and e
rosio
n
– Preven
tio
n of
com
pact
ion
– Long
-te
rm p
rese
rvat
ion
of so
il fer
tility
– Remed
iation
– Observ
ation
, mon
itorin
g,
evalua
tion– Han
dling
exca
vate
d so
il
– Limits
on us
e
– Guide, tri
gger
and
remed
iation
va
lues
1) OMW: Ordinance on Movements of Waste2) ORRChem: Chemical Risk Reduction Ordinance
3) ORDEE: Ordinance on the Return, the Taking Back and Disposal of Electrical and Electronic Equipment 4) BCO: Ordinance on Beverage Containers
5) TOW: Technical Ordinance on Waste 6) CSO: Contaminated Sites Ordinance
7) OCRCS: Ordinance on the Charge for the Remedia-tion of Contaminated Sites 8) OIS: Ordinance relating to impacts on the soil
20 > Swiss Environmental Law
Where there is a specifi c risk to the environment, for example
to groundwater, the cantons must arrange for the site to be
remediated or at least to be monitored. The investigation,
monitoring and remediation of polluted sites can be very ex-
pensive. In some cases, the Confederation will also make a
contribution, for example if it is not possible to identify the
person responsible or the polluter does not have enough mon-
ey to pay the costs. The Confederation fi nances its share of the
costs from the Contaminated Sites Fund. This is fi nanced by
means of a levy charged for depositing waste and exporting
waste to be deposited abroad.
Ensuring the soil remains fertile
The aim of soil protection is to maintain the long-term fertil-
ity of the soil. Soil fertility can be adversely affected by not
inherent degradable or persistent chemical substances, by ge-
netically modifi ed or pathogenic organisms, or by physical
changes such as soil erosion and soil compaction. Measures to
protect the soil from chemical and biological pollution are
largely regulated by various acts and ordinances such as the
Waters Protection Act and the Air Pollution Control Ordi-
nance. Standard, trigger and remediation values have been
laid down for assessing soil pollution and deciding whether
and if so which measures are required.
International control of the trade in waste –
the Basel Convention
In 1976, during clear-up operations following a chemical
accident at a subsidiary of Hoffmann-La Roche in Seveso in Italy,
41 barrels containing waste contaminated with dioxins vanished
without trace. Months later they were discovered in Northern France.
Two and a half years passed before the hazardous waste was finally
incinerated in Basel in a high-temperature furnace. The events sur-
rounding the Seve so waste made it perfectly clear that international
regulations on dealing with waste were essential. Regulations were
finally enacted in 1989 in the Basel Convention, which aims to create
a global system for environmentally sound waste management and
control the transborder transport of hazardous waste.
Recycling electronic equipment Excavating ground material at a polluted site
Loading the furnace at a waste incineration plant
21 > Swiss Environmental Law
Handling chemicals with care
Chemicals are used day-in, day-out all around the world – in industry, in agriculture and in the household. There are im-mense numbers of them; around 100,000 chemical substances are manufactured industrially, and while we currently know of more than 40 million chemical compounds, every year we discover 400,000 new ones. Self-regulation by manufacturers and importers should prevent chemicals from causing environ-mental problems and problems on public health. The Con-federation also has the power to prohibit especially problem-atic chemicals.
The Environmental Protection Act (EPA) requires us to han-
dle chemical substances in an environmentally sound manner.
Substances can be hazardous to people and the environment
in a variety of ways: some pose a health risk because they are
poisonous, corrosive or carcinogenic, while others jeopardise
the ecological balance. Substances that are not readily biode-
gradable can accumulate in the environment and thus cause spe-
cial problems. Handling chemicals is not only regulated in the
EPA, but in a range of environmental legislation, in particular
the Chemicals Act (ChemA) and the Agriculture Act (AgricA).
Self-regulation and duty to provide information
The principle of self-regulation requires chemical manufac-
turers and importers to assess whether the substances they
manufacture or import may endanger the environment or pub-
lic health. To make this assessment, they must obtain as much
information as is available. If they are dealing with a new sub-
stance, it must be tested and registered. A technical dossier
must provide information on the properties of the substance.
In certain cases, a chemical safety report must be prepared.
This procedure largely corresponds to that in the EU Chemi-
cals Regulation (REACH).
Manufacturers and importers of chemicals must also in-
form their customers – people using chemicals in industry,
Chemicals
EPA/Chemicals Act (ChemA)Agriculture Act (AgricA)– Categorisation/
labelling
– Information/
reporting obligations
– Supervision
– Duty of care
– Self-regulation– Specialist knowledge
– Supply restrictions
– Registration requirement
Chem
O1
– Special licence
exceptional licences
– Restrictions/bans/
ORRChem 2
– Supervision/
inspection
– Special labelling
– Reporting obligations
– Authorisation for use
General regulations
Special regulations
OBP3
– Duty to provide information– Supervision/ inspections
– Duty of care
– Labelling
recognition– Obligation to return and take back
– Authorisation, registration,
– Bans
GLPO4
practice”
– Inspections/audits “good laboratory
– Principles of
OPPP5
– Sup
ervis
ion/
ins
pect
ions
inf
orm
atio
n
– Dut
y of c
are
– Dut
y to
prov
ide
take
back
– Labe
lling
– Obli
gatio
n to
retu
rn a
nd
reco
gnitio
n
– Ban
s
– Aut
horis
atio
n, re
gist
ratio
n,
1) ChemO: Chemicals Ordinance 2) ORRChem: Chemical Risk Reduction Ordinance
3) OBP: Ordinance on Biocidal Products 4) OGLP: Ordinance on Good Laboratory Practice 5) OPPP: Plant Protection Products Ordinance
22 > Swiss Environmental Law
commerce, agriculture and households – about the environ-
mental relevance of their products and the correct way to han-
dle them. For this purpose, they must issue safety data sheets
and use labels with danger symbols, danger warnings and
safety advice.
Environmentally sound handling as a guideline
Anyone who uses chemicals must follow these instructions
and generally act to ensure that neither people nor the envi-
ronment are put at risk. Certain substances require special
authorisation before they can be used. Examples include
plant protection products that are to be sprayed in forests or
from the air. Persons who use certain substances at work,
such as wood preservatives, disinfectants in swimming pools
or refrigerants, must also obtain a special licence and pass a
professional examination beforehand.
Bans on special substances
The Federal Council may however issue even stricter regula-
tions on substances that are hazardous to the environment or
human beings. In particular it can ban the use of specifi c sub-
stances. This type of ban applies for example to non-degrada-
ble brominated fl ame retardants that accumulate in the envi-
ronment. Highly durable chlorofl uorocarbons (CFCs) were
widely used until the mid-1980s as refrigerants and as propel-
lants in aerosol cans. As CFCs and a range of other substances
played a crucial role in depleting the ozone layer, most of
these were banned in 1989, and a blanket ban on all such sub-
stances has been in force since 2005.
Environmental protection in the home and garden
Professional users in industry and agriculture are now well
aware that the use of certain substances is restricted or even
prohibited on environmental grounds. In the home or in private
gardens this is not always the case. For example, it is prohib-
ited to use herbicides on roofs, patios, roads and paths.
In practice, though, amateur gardeners and caretakers can often
be seen spraying these substances around. Here there is still a
need to improve the way in which regulations are enforced.
Healthy lakes thanks to a ban on phosphates
Phosphates are salts from phosphoric acid which occur in many
parts of the world as a natural product, albeit in limited quantities.
Phosphates are important nutrients, especially for plants. They there-
fore play an important role in agriculture as fertilisers. Phosphates
also help to soften water by removing lime. Because of this, phos-
phates were widely used until the mid-1980s as additives to laundry
detergents. However, phosphate residues in waste water, thanks to
their excellent fertilising effect, caused the growth of algae in rivers,
lakes and seas. Switzerland’s lakes, particularly those in the Central
Plateau, were badly affected by over-fertilisation, with farmers also
making a contribution. The use of phosphates as an additive in
laundry detergents has therefore been banned since 1986 and has
been limited in dishwasher detergents. Since then the condition
of Switzerland’s lakes, thanks to this and other measures, has im-
proved considerably.
A packaging plant in the pharmaceutical industry
23 > Swiss Environmental Law
The Forest Act (ForA) accords forest a unique position in land
use: it protects it both in terms of its spread and its spatial
distribution. The main instrument is the general prohibition of
deforestation. Only in exceptional cases is it permitted to re-
move areas of forest permanently. Forest in particular may
only be cleared if a particular project cannot be realised in a
different location and there is an interest which outweighs that
of preserving the forest. This may, for example, be a drinking
water reservoir which is of considerable public benefi t and
for technical reasons cannot be placed simply anywhere. If a
> The Forest Act
In the 19th century, the decision to introduce sustainable management practices to protect forests was
a milestone in the use of natural resources. Today, Swiss forest legislation is internationally recognised
and also regulates in a comprehensive manner the various functions of the forest both for people and
as a habitat for animals and plants. By encouraging natural and sustainable forest management, it also
ensures that wood, a local natural resource, can be used on a permanent basis. Furthermore, the Forest
Act addresses the key role of forests in protecting against natural hazards. (see p. 33).
Forest conservation
of h
ab
ita
ts
Prot
ec
tio
n
Accessibility
Sust
ain
able
man
agem
ent
Organisation
– Responsibility for enforcement
– Forest organisation
– Supervision
– Forest plan
ning– Financial aid
– T
rain
ing
and
qual
ifica
tion
– Information, advice,
research and acquisition
of fundam
ental data
– Protect
ion of forested areas
– Declaration as forest
– Deforesta
tion permit
– Authorisation of detrimental uses
– Distance from the forest edge
– Coordination with spatial planning
– Re
med
iatio
n of
for
est
dam
age
– Fo
rest
res
erve
s
– Re
gula
tions
on
repr
oduc
tive
mat
eria
l and
pla
nts
– Authorisation for events
– Ban on vehicular access for public– Access requirement
– Pr
ohib
ition
of c
lear
cutt
ing
– Si
lvicu
ltura
l mea
sure
s
– Fo
rest
pla
nnin
g
– P
reve
ntio
n of
dam
age
by w
ild a
nim
als
– A
utho
risat
ion
for w
ood
harv
estin
g
Forest Act (ForA)1
Right of appeal for organisations and authorities
Public l
iab
ility
Crim
inal p
rovisio
ns
Expropriation
1) without natural hazards (see p. 33)
Regulatory fi elds covered by the ForA
Superordinate regulations
Implementation guarantees
Curved lines:Non-fi eld-dependent regulations
Straight lines:Field-dependent regulations
24 > Swiss Environmental Law
special permit is issued for deforestation, trees must be re-
planted as a substitute in the same region and cover the same
area. In special cases, other measures to benefi t nature and the
landscape may be taken as a substitute.
The forest as a living community
The forest consists of more than just trees. Animals, other
plants and fungi live in and on the forest floor, in the un-
dergrowth and in the treetops. Depending on the subsoil,
climate and type of use communities of all kinds can develop.
The protection of these natural communities is a second im-
portant goal of the ForA. The use of forests, which is regu-
lated by cantonal planning and management regulations,
has to take the biodiversity of the forests into account.
Forested areas may therefore be used only in part or not at
all. The cantons may designate some areas as forest reserves.
In this way natural processes can develop undisturbed and
ecologically valuable structures, such as underbrush and dead
trees, or “deadwood”, are left untouched. Woodpeckers, for
example, fi nd shelter in deadwood and feed on the insects liv-
ing in it.
…and for recreation
Whether hiking, biking or mushroom picking in the Alps or
walking, jogging or riding in urban areas – many people spend
their recreation time in the forest. This is made possible in
part by the Forest Act, which assigns the cantons the task of
making the forest accessible to the general public – an achieve-
ment of a type seldom seen in other countries. However,
access to the forest can also be restricted if important public
interests require it, such as when the conservation of the forest
is at risk or to protect plants and animals. Moreover, the forest
is only accessible to those who are travelling on foot. Only the
Forest Service and forest managers are permitted to drive a car
or other motorised vehicles in the forests. Riding and cycling
is only permitted on forest roads, surfaced forest paths or spe-
cially marked trails. Mountain bike trails along unsurfaced
tracks through the forest can be damaging and require special
authorisation from the respective canton. This is only issued
subject to certain strict conditions.
Sustainable use of forests
Besides protecting the forest and the various functions of the
forest, the ForA also has the goal of managing the forest with
respect to nature and of encouraging the sustainable use of
wood as a natural resource. A signifi cant amount of timber is
available for sustainable use: not only is wood a renewable re-
source, the forest already contains a signifi cant supply of tim-
ber which has not been exploited in recent decades. The Con-
federation and the cantons are responsible for training the
necessary personnel and advising forest owners. In addition,
the Confederation supports measures that increase economic
viability. These include issuing planning requirements that
apply to all companies or the improvement of management
practices in the form of management communities.
For the good of humankind
Forests are of enormous importance not just in Switzer-
land but also throughout the world. The world’s forests are a haven
for biodiversity and fulfil an important function in the CO2 balance
and in terms of climate change by absorbing CO2, capturing carbon
and thus removing it from the atmosphere. Widespread deforestation
around the world accounts for about one sixth of global CO2 emis-
sions. Forests also play a vital role in local and regional economic
and social development – for example as a source of raw materials
and energy, or in conserving water. So far, however, no international
agreement exists on the protection of forests. Indirectly, they are
covered by the Convention on Biological Diversity and the Convention
on Climate Change. Both of these international agreements assign an
important role to forests.
In a forest of beech trees near St. Aubin NE
25 > Swiss Environmental Law
Keeping water clean
Clean uncontaminated water is vital for people, animals and
plants. But we should not take access to clean water for
granted. As recently as the 1960s, Swiss streams, rivers and
lakes were polluted, sometimes drastically. The WPA re-
quires everyone to take the care needed to avoid harming our
water bodies. In particular it prohibits the introduction of po-
tential pollutants into water bodies. Polluted waste water pro-
duced by households, businesses or industry must therefore
be treated before it can enter a water body. Waste water
should be discharged into the public sewers if this is possible
at reasonable expense. Waste water from businesses or indus-
try – such as from car garages, fruit processing and the chem-
icals industry – must in some cases be specially treated be-
fore it is discharged into the sewer system.
Farms may not spread more fertiliser (nitrogen, phosphorus)
on their land than is required by the crops. Farmers must
therefore ensure there is a balance between their livestock,
the additional fertilisers used and the land under cultivation.
They also need to have large enough areas for storing liquid
and solid manure so that they do not have to spread manure
on the fi elds during the dormant season in winter.
Switzerland gets 80 per cent of its drinking water from ground-
water (wells and springs). To ensure that this groundwater
does not become contaminated, the cantons have to designate
groundwater protection zones. In these zones there are re-
strictions on constructing buildings and other installations as
well as on commercial, industrial and agricultural activities.
Construction, for example, is prohibited in the groundwater
wellhead protection zone and in the inner protection zone.
In the outer protection zone, only installations that cannot
affect the groundwater may be erected.
> The Waters Protection Act
The Waters Protection Act (WPA) protects water and our lakes and rivers against harmful effects. It ensures,
among other things, that good quality drinking and process water is available to households, industry,
commerce and agriculture. It also ensures that the natural habitats of animals and plants in and around
water bodies are preserved. Rivers and lakes should also provide recreation opportunities and continue
to be part of a diverse landscape.
A rehabilitated section of the River Reppisch ZH
26 > Swiss Environmental Law
Sufficient water in rivers and streams
The availability of clean, uncontaminated water is not enough
for animals and plants to be able to live in and around water.
Animals and plants require their habitats to be intact, both in
terms of water fl ow, the “water regime”, as well as the struc-
ture of the water body. Due to damming at hydroelectric
power plants, earlier fl ood protection measures and the chan-
nelling of rivers, water habitats in many places are severely
affected. In some places, too little or no water fl ows, and there
are no natural streambeds, riverbeds and banks.
A suffi cient level of water needs to fl ow if fi sh and small
organisms are to survive in it. So if any more than negligible
amounts of water are used from a water body – for instance
for a hydroelectric power plant or for agriculture – authorisa-
tion is required. Authorisation can be given if it can be guar-
anteed that there will always be suffi cient residual fl ow in the
stream or river. Hydroelectric power plant operations lead to
a rapid rise and fall in the water level, a phenomenon known
as “hydropeaking”, caused by switching installations on and
off. Plant operators are therefore required to minimise harm-
ful effects on water habitats by taking structural measures.
1) also regulated by the Fishing act (FishA)
Waters Protection Act
(WPA)
– Pr
otec
tion o
f waters against
ha
rm
ful ef
fects
Ba
sic
prin
ciples
– Du
ty of
care
– Po
lluter
pays
pr
inciple
– Charges– Financial assistance
Financing
and compensatory
payments
Remediation
gen
eral public
– P
rovision of fundamentals
– Inform
ation for the
In
form
ation
– De
lega
tion
– Su
perv
isio
n
– Re
spon
sibi
lity
for
en
forc
emen
t
O
rgan
isa
tio
n
– Sp
ecia
list
agen
cies
Wa
ter
qu
alit
y
Water b
ody
stru
ctur
es1
Wa
ter reg
ime
– D
uty
to d
ispo
se o
f was
te w
ater
– B
an o
n po
llutio
n
– Handling of liq
uids which may pollute water
– Protect
ion of waters (ground water) by area planning
– Securin
g a
bala
nced
bed
load
bud
get
– Duty to
re
habi
litat
ion
of w
ater
s–
Pro
tect
ing
the
habi
tats
of a
quat
ic s
pecie
s
– S
ecur
ing
and
exte
nsiv
e us
e of
the
spac
e pr
ovid
ed fo
r wate
rs
– S
ecuring appropriate residual flow
– Maintaining the groundwater resources
– N
o serious harm caused by hydropeaking
– D
uty
to c
onne
ct to
sew
ers
– Drainage planning
– A
rran
gem
ent o
f was
te w
ater
dis
char
ge/in
filtra
tion
– W
ater
pro
tect
ion
area
s, g
roun
dwat
er p
rote
ction
zone
s and –areas
– Authorisation for installations and activities
– Plannin
g an
d pr
iorit
isat
ion
of r
ehab
ilita
tion
mea
sure
s
– Defining
th
e sp
ace
prov
ided
for
wat
ers
– G
uara
ntee
ing
the
pass
age
of fi
sh
– A
utho
risa
tion
for
tech
nica
l int
erve
ntio
ns
– A
uthorisation in the case of withdrawal of water
– R
emediation planning for hydropeaking
Criminal provisions
Expropriation and land consolidationRigh
t of a
ppea
l for
org
anis
atio
ns a
nd a
utho
ritie
s
Curved lines:Non-fi eld-dependent regulations
Straight lines:Field-dependent regulations
Regulatory fi elds covered by the WPA
Superordinate regulations
Implementation guarantees
27 > Swiss Environmental Law
Living watercourses
The former practice of reinforcing and correcting the course
of streams and rivers is now only allowed in exceptional
cases. Covering or culverting watercourses is prohibited.
The WPA in fact requires that reinforced, corrected, covered
and culverted waters should be rehabilitated. When this hap-
pens, the landscape and recreational aspects of the body of
water must be taken into account, but the costs and benefi ts
are also to be weighed up against each other. The cantons are
obliged to plan for the rehabilitation of water bodies.
In many places, there is too little space available for bodies of
water because of existing buildings and facilities, or due to
intensived farming. Since 2011, the WPA therefore requires
the cantons to defi ne the amount of space needed by surface
waters so that they once again have enough room to fulfi l
their natural functions, while at the same time ensuring fl ood
protection and the use of water.
Rhine again home to salmon
In the Convention on the Protection of the Rhine, the five
adjoining states of Switzerland, France, Germany, Luxembourg and
the Netherlands along with the European Community undertake to
protect the Rhine as a habitat. It is thus a thematic extension of
previous conventions dealing with the improvement of water quality.
The Treaty aims to protect the individual character of the Rhine,
its banks and flood plains. To protect the animals and plants that live
in the river and on the banks, the natural habitats and the original
river course should be maintained and restored as far as possible.
The Rhine Protection Convention also envisages ecologically sus-
tainable flood prevention. A secondary but very attractive aim of
the Convention is to reintroduce salmon into the Rhine.
A barrage on the Limmat by the power station at Dietikon ZH In the fl oodplain forest of the Old Aare river
28 > Swiss Environmental Law
> Protecting biodiversity and landscape
The Swiss landscape has changed radically over the past hundred years due to the spread of residential
housing and to the construction of infrastructure, in particular for transport and energy production
and transmission, and as a result of developments in agriculture – including the intensifi cation and
abandonment of cultivation. Not only has the appearance of the landscape changed, there are now
fewer habitats for plants and animals and those remaining are reduced in quality. Both in the Federal
Act on the Protection of Nature and Cultural Heritage (NCHA) and in the Federal Acts on Hunting
(HuntA) and on Fishing (FishA), the protection and preservation of these habitats are central issues.
Over the past century, numerous animal and plant species
have become extinct or much rarer, and this is also the case in
Switzerland. Experience has shown that we can only protect
and preserve species if the habitats which provide their food
and reproduction sites continue to exist. The NCHA therefore
requires that we try to prevent the extinction of indigenous
animal and plant species by maintaining adequately large and
connected habitats (biotopes). Riversides, reedbeds and marsh-
lands, hedges, copses, rare forest communities and dried
grasslands which provide particularly favourable conditions
for animal and plant communities are of particular interest.
No-hunting zones, water and migratory bird reservations, wa-
terside vegetation and forest reserves are further habitats
which enjoy special conservation status, as do the so-called
“Emerald sites” (cf. box on right).
International responsibility for biological diversity
The term “biodiversity” relates to all aspects of diversity
in the living world and includes the diversity of ecosystems, the diver-
sity of species and genetic diversity, as well as their interaction.
The use of biodiversity must be sustainable so that ecosystems are
preserved and they can continue to provide services, and so that
species and genetic diversity are maintained. Local, regional and
global dimensions play a role in this. What we do in Switzerland has
an effect not only on indigenous biodiversity, but also on global
biodiversity – whether it is the consumption of commodities or
the consumption of agricultural goods such as meat, exotic fruits,
cut flowers or above all feedstuffs for farm animals. Preserving bio-
diversity therefore requires us to act on an international level.
This is the goal of the Biodiversity Convention, approved in 1992 at
the World Summit for Environment and Development in Rio de Janeiro.
More than 190 countries have ratified the Convention in the meantime.
Nature conservation – Europe-wide
With the “Convention on the Conservation of European Wildlife and
Natural Habitats”, the countries in Europe hope to protect valuable
habitats and endangered animal and plant species throughout the
continent. In 1979 the Bern Convention was signed in Bern City Hall
and it has been ratified by 44 countries, as well as the EU. It protects
around 600 plant species, 111 mammals, 363 birds and numerous
other animal species. The aim of “Emerald sites” is to provide a
network of valuable habitats for endangered species in Europe.
In Switzerland 37 such sites have been proposed. At a regional
level, the Bern Convention implements many of the goals which
were adopted at a global level in the Biodiversity Convention of 1992.
The Common Blue butterfl y, an inhabitant of low-nutrient meadows
29 > Swiss Environmental Law
Habitats of national importance
The Confederation has the task of designating habitats of na-
tional importance. Sites such as raised bogs and fenland,
fl oodplains, amphibian breeding grounds and dry grasslands
and meadows are listed in federal inventories. The cantons are
responsible for protecting and maintaining these inventoried
sites. They are also responsible for protecting and maintaining
biotopes of regional and local importance. Furthermore they
must ensure that an ecological balance is maintained both in-
side and outside of residential areas, for example by establish-
ing copses, hedges and other forms of natural vegetation.
Valuable dry grasslands
The Federal Inventory of Dry Grasslands and Meadows of
National Importance aims to protect nutrient-poor habitats in
which, for example, rare orchids thrive and a wide range of
insects such as butterfl ies and grasshoppers live. The inven-
tory lists around 3000 sites with a total area of around 21,400
hectares. There are wide swathes of dry grasslands near Sent
in the Lower Engadin, for example, where valuable habitats
stretch over hundreds of hectares along the southern side of
the valley.
Protecting ibex, lynx, wolf & co.
Wild animals and plants are best protected by protecting their
habitats. However, the NCHA, Hunting Act (HuntA) and
Fishing Act (FishA) also include specifi c regulations for pro-
tecting individual animal and plant species, such as the
possibility of introducing bans on picking rare plants or catch-
ing certain species of fi sh. The HuntA places under general
Nat
ure
and Cultural Heritage Act
(NCH
A)
(HuntA)
Hunting Act
(Fis
hA
)
Fis
hin
g A
ct
Species/Ecosystems/Landschaften
Land
scap
e
Species and ecosystems
– Ad
visor
y com
mitte
es
– Re
spon
sibilit
y for
enfor
cement
Or
gani
satio
n–
Spec
ialist
agen
cies
– Su
perv
ision
– Financial a
ssist
ance
and
compensa
tory p
aym
ents
– Information, advice and training
Basic principles– Requirement of preservation and care
– Special consideration in the fulfilment
of federal tasks
– Fe
dera
l inve
ntor
y of la
ndsca
pes of
na
tiona
l impo
rtanc
e
– Pa
rks o
f nati
onal
im
porta
nce
– Mire landscapes
– Mires and riparian vegetation
– Biotopes of national importance
– Biotopes of regional and local importance
– Auth
orisa
tion
for e
stab
lishi
ng p
lant
s an
d an
imal
s
– Mea
sure
s to
prot
ect r
are
plan
ts a
nd a
nim
als
– No-hunting zones
– Hunting licence– Water and migratory bird reservations
– Protected mammals and birds
– Huntable species and close seasons
– Protection for habitats of fish and crustaceans
fish and crustaceans
– Provision on the protection and use of
Crim
inal p
rovis
ions
Right of appeal for organisations and authorities
Expropriation
Regulatory fi elds covered by the FishA, the HuntA and the NCHA
Superordinate regulations
Implementation guarantees
Curved lines:Non-fi eld-dependent regulations
Straight lines:Field-dependent regulations
30 > Swiss Environmental Law
protection all birds, predators and some other animal groups
which may not explicitly be hunted, in particular larger preda-
tors such as the lynx, bear and wolf.
Protecting Swiss landscapes
Landscapes are of immense value in many respects – ecologi-
cally as a place where natural resources and habitats can re-
generate, economically for tourism and in attracting business,
and geographically as an expression of our versatile cultural
heritage or as an important element in our identity. Care of the
landscape is a key objective of the Spatial Planning Act (SPA).
The NCHA requires the Confederation to take account of the
specifi c nature of different landscapes in fulfi lling its duties.
Landscapes of national importance – such as the Lavaux vine-
yards on Lake Geneva – are listed in a federal inventory.
The landscapes listed in this inventory are to be kept intact or
conserved as far as possible. Almost absolute protection is en-
joyed by 89 wetlands of outstanding beauty and national im-
portance.
Finally, the Parks of National Importance also serve to pre-
serve areas and landscapes of particular natural value. Where-
as the main aim of a national park is to provide unspoiled
habitats for fl ora and fauna, regional nature parks also serve to
strengthen a sustainable regional economy whilst nature dis-
covery parks - near to urban areas - provide an opportunity for
people to experience nature and learn about the environment.
Landscape is all
The Council of Europe’s Landscape Convention aims to
encourage authorities to actively and consciously manage the land-
scape, from conservation through protection and improvement to
sustainable use. The Convention understands landscape to be our
spatial environment as perceived by residents and visitors. It is
the result of the effects of nature and humans and changes over
time. The Convention therefore applies not only to exceptional,
wild or unspoiled landscapes, but also to those which are everyday,
urban or spoilt. The Convention came into force on 1 March 2004.
Switzerland is the thirtieth state to ratify the Convention, it having
been approved by the Swiss Parliament in autumn 2012.
The mire landscape at Rothenturm SZ
31 > Swiss Environmental Law
Safety in contained systems
Organisms are characterised by the fact that they are able to
reproduce and pass on genetic material. This is true both of
naturally occurring organisms and genetically modifi ed ones.
When dealing with organisms, the principle applies that peo-
ple and the environment may not be endangered and biodiver-
sity may not be compromised. People who work with patho-
genic or genetically modifi ed organisms must therefore work
in enclosed spaces or laboratories. A licence from the federal
government must be obtained before fi eld trials with such or-
ganisms can take place or before such organisms can be
placed on the market for the fi rst time. It must be demon-
strated that no harm will be done to humans or the environ-
ment before a licence can be granted. Since 2005 there has
been a moratorium on the cultivation of genetically modifi ed
plants in agriculture.
> Controlled handling of organisms
Biotechnology is increasingly being employed worldwide in areas such as agriculture, medicine or
the food industry. However, if genetically modifi ed, pathogenic or alien organisms enter the envi-
ronment unchecked, they may endanger people, animals, plants or other organisms. The Environ-
mental Protection Act (EPA) and the Gene Technology Act (GTA) provide for the safe handling of
these organisms.
Gene Technology Act (
GTA)
Envi
ronm
ental Protection Act (EPA)
Organisms1
Organisation– Responsibility for enforcem
ent
– Expert committees 2
– Supervision and monitoring
B
asic
prin
cipl
es
– S
elf-
regu
lat
ion
– D
uty
of c
ar
e
– P
ollu
ter p
ays p
rinciple
P
recautions
– S
tep-by-step procedure
– R
isk determination and assessment
– R
eporting and licensing requirements
Ethics
– Respect fo
r the
dig
nity
of living bein
gs
Handling in contained systems
Handling in the environment (Experimental releases and placing on
the
mar
ket)
– Protection of OGM-free production and freedom of choice for consu
mer
s– Requirements for handling genetically modified organisms
– Re
quire
ments
for handling organisms, in particular pathogenic and alien organisms
Criminal provisions
Publ
ic li
abili
ty
Right of appeal for organisations and authorities 1) Not including forests and protected species
(cf. p. 23 and 28)
2) Federal Ethics Committee on Non-Human
Biotechnology (ECNH),
Swiss Expert Committee for Biosafety (SECB)
Regulatory fi elds covered by the EPA and the GTA
Superordinate regulations
Implementation guarantees
Curved lines:Non-fi eld-dependent regulations
Straight lines:Field-dependent regulations
32 > Swiss Environmental Law
Measures against harmful organisms
Damage to the environment, particularly to biodiversity,
can also be caused by alien plant and animal species that are
either brought in or legally imported and do not come into
contact with natural enemies in their host country. The Hima-
layan Balsam, for example, was originally imported as an or-
namental and fodder plant. It is now increasingly suppressing
native species and increasing erosion, especially on the banks
of rivers. Environmental and genetic engineering legislation
gives the federal and cantonal authorities the opportunity to
take special action against harmful organisms that spread in
the environment.
Safe use worldwide
The Cartagena Protocol is designed to ensure the safe
transport and use of living organisms modified with the aid of
modern biotechnology.
The Asian Long-horned Beetle – a threat to Swiss forests Genetically engineered wheat in a greenhouse
Research laboratory in the pharmaceutical industry
33 > Swiss Environmental Law
Recognising hazards
If we want to protect ourselves from natural hazards or prevent
them completely, we need to identify them early on. It is there-
fore the task of the cantons to draw up natural hazard maps
which show the areas most at threat from certain natural haz-
ards. The information in the natural hazard maps is used in fur-
ther planning instruments, in the cantons’ structure plans and in
the communes’ land use planning. Early warning systems de-
veloped and operated by the cantons alert the public to the
threat of natural hazards such as avalanches, landslides and
fl ooding. The public can then be evacuated from the hazard area
in time and if necessary precautionary measures can be taken.
Preventing disaster
Protecting against natural hazards is the task of the cantons.
In constructing protective structures and drawing up natural
hazard maps, they can call on expert and fi nancial support
from the Confederation. The various measures are designed to
protect people and valuable property. The best way to do this
is to use space appropriately. Spatial planning has therefore to
ensure that no buildings or infrastructure are constructed in
areas which are prone to natural hazards. However, in Swit-
zerland a large number of such areas are already built over, so
constructions such as embankments, levees and watercourse
corrections are necessary. These must meet certain ecological
requirements and any negative effects on the environment
must be kept to a minimum. Protective forests are also a
means of protection against avalanches, rockfalls and land-
slides. Protective structures and protective forests must be
well maintained at all times so that they can fulfi l their protec-
tive function.
> Protection against natural hazards
Floods, avalanches, landslides and rockfalls frequently occur in Switzerland, and they are often of con-
siderable magnitude. The Hydraulic Engineering Act (HEA) and the Forest Act (ForA) regulate how
to organise protection against these natural hazards.
Protection against
natural hazards
Forest Act (ForA)
Hydraulic Engineering Act (HEA)
Prot
ectio
n of p
eople
and
valua
ble property
Com
pensatory payments
Spatial planning measures
Structural m
easu
res:
Protective st
ruct
ures
Principles, including:
– Natural hazard maps
– Early warning services
Organisation– Enforcement powers– Supervision
Cons
erva
tio
n of w
ater-c
arrying capacity and of the natural course of bodies of w
ater
Maintenance of protective forests
Expropriation
Expropriation
Regulatory fi elds covered by the HEA and the ForA
Superordinate regulations
Implementation guarantees
Curved lines:Non-fi eld-dependent regulations
Straight lines:Field-dependent regulations
34 > Swiss Environmental Law
Man-made climate change is due to various greenhouse gases
which intensify the atmosphere’s natural greenhouse effect.
Under the revised CO2 Act, which was passed by the Swiss
parliament in December 2011, Switzerland’s domestic CO2
emissions must be at least 20 per cent lower than 1990 levels
by 2020. They can be reduced mainly in the areas of traffi c,
buildings and industry, for which specific reduction targets
are set out in the implementing provisions.
CO2 incentive levy on fossil fuels
One of the most important measures is the CO2 levy charged
on fossil fuels. This amounts to CHF 36 per tonne of CO2 and
will be increased incrementally up to CHF 120, in as far as
this is necessary in order to reach the targets set. Most of the
revenue from this levy is redistributed to the public and indus-
try. Some of the revenue is used to renovate buildings to meet
new energy standards and some feeds a technology fund.
> The challenge of climate protection
Over the past 100 years the average global surface air temperature has increased by 0.74 ºC. By joining
forces we can successfully limit a further rise in temperature. In Switzerland the CO2 Act is a key instru-
ment in a sustainable climate policy.
Climate(CO
2 Act)
Reduction targetEmis
sion
targ
et
for
cars–
Tar
get:
130g
CO 2
/km
by 2015
lic
ense
d ca
rs
on
ave
rage
for a
ll n
ewly
Com
pensation
for motor fuels
– O
bligation to compensate for
part of the C
O2 em
issions
Compensation
power plants
for fossil-thermal
– Compensation agreement
between state and power plant
operator
sate for all CO2 emissions
– Obligation to compen-
from other sec
-
Measures
measurestors and voluntary
and financial policy– Energy, tra
nsport, envir
onm
ent
Emis
sion
s tr
adin
g–
Cap-
and-
trad
e-sy
stem
w
ith li
mite
d am
ount
of
tra
dabl
e em
issi
ons
allo
wan
ces
vo
lunt
ary
for
mod
erat
e em
itter
s
– M
anda
tory
for
maj
or e
mitt
ers,
Tax exemption
– Exemption for companies that
greenhouse gas emissions
undertake to reduce
CO2 levy
– Incentive levy on fossil combust. fuels
programmes, technology fund, distribution to the public and industry
– Use of revenue: building renovation
Contractual penalties
Administrative sanctions and criminal law
Regulatory fi elds covered by the CO
2 Act
Superordinate regulations
Implementation guarantees
35 > Swiss Environmental Law
Measures of the industry
Companies whose industrial processes require large amounts
of energy can gain exemption from the CO2 levy by committing
to reduce their emissions or by taking part in the emissions
trading scheme. Companies which produce large amounts of
greenhouse gases must trade in emissions allowances. In re-
turn, they are automatically exempt from the CO2 levy.
Each year, companies which engage in emissions trading
must submit emissions allowances according to the amount of
greenhouse gases they produce. They receive some of these
allowances free of charge; if a company does not have enough
allowances to cover its emissions, it must buy more at auction
or acquire them from other companies.
Operators of oil- or gas-fi red power plants are also automati-
cally exempt from the CO2 levy. They are required by law to
offset in full the greenhouse gas emissions they generate.
At least fifty per cent must be compensated in schemes in
Switzerland.
Target values for cars
In the transport sector, the car industry is required to reduce
the CO2 emissions of newly licensed cars to an average of
130 g CO2 per kilometre by 2015. In addition, importers
of fossil motor fuels must offset a part of the CO2 emissions
generated.
International challenge
The Climate Convention was approved in 1992 at the
Earth Summit in Rio de Janeiro. Since then it has been ratified by
165 states. The Convention aims to prevent dangerous disruption
to the climate system and to stabilise at a safe level greenhouse
gases emissions produced by human activity. The 1997 Kyoto Proto-
col delineated global climate policy and set reduction targets for
industrial countries for the period 2008–2012. The global community
is currently negotiating over a second commitment period.
Monitoring fi re sources in a forest fi re area near Visp in 2011Damage caused by Hurricane Sandy in November 2012
Low water levels on Lake Constance during the 2003 summer drought
For links to further information relating to this brochure, see:
www.bafu.admin.ch/environmental-law-brief