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Page 1: Swiss Environmental Law

> Swiss Environmental Law

A brief guide

Page 2: Swiss Environmental Law

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

[email protected]

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

Page 3: Swiss Environmental Law

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)

Page 4: Swiss Environmental Law

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

Page 5: Swiss Environmental Law

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 constructionof the Gotthard railway line

Page 6: Swiss Environmental Law

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

Page 7: Swiss Environmental Law

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

Page 8: Swiss Environmental Law

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.

Page 9: Swiss Environmental Law

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

Page 10: Swiss Environmental Law

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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Page 11: Swiss Environmental Law

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

Page 12: Swiss Environmental Law

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.

Page 13: Swiss Environmental Law

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

Page 14: Swiss Environmental Law

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.

Page 15: Swiss Environmental Law

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.

Page 16: Swiss Environmental Law

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

Page 17: Swiss Environmental Law

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

Page 18: Swiss Environmental Law

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

Page 19: Swiss Environmental Law

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

Page 20: Swiss Environmental Law

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

Page 21: Swiss Environmental Law

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

Page 22: Swiss Environmental Law

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

Page 23: Swiss Environmental Law

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

Page 24: Swiss Environmental Law

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

Page 25: Swiss Environmental Law

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

Page 26: Swiss Environmental Law

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

Page 27: Swiss Environmental Law

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

Page 28: Swiss Environmental Law

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

Page 29: Swiss Environmental Law

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

Page 30: Swiss Environmental Law

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

Page 31: Swiss Environmental Law

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

Page 32: Swiss Environmental Law

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

Page 33: Swiss Environmental Law

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

Page 34: Swiss Environmental Law

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

Page 35: Swiss Environmental Law

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

Page 36: Swiss Environmental Law

For links to further information relating to this brochure, see:

www.bafu.admin.ch/environmental-law-brief