Lexipedia

814.81

Ordinance on the Reduction of Risks relating to the Use of Certain Particularly Dangerous Substances, Preparations and Articles (ORRChem)

(Chemical Risk Reduction Ordinance, ORRChem)

Preamble

The Swiss Federal Council,

on the basis of Articles 2 paragraph 4, 19, 22 paragraph 2, 24, 38, 39 paragraph 2,
44 paragraph 2, 45 paragraphs 2 and 5 and 46 paragraph 1 of the Chemicals Act of 15 December 20001 (ChemA),
on the basis of Articles 27 paragraph 2, 29, 30a, 30b, 30c paragraph 3, 30d, 32abis,
38 paragraph 3, 39 paragraphs 1 and 1bis, 41 paragraph 3, 44 paragraphs 2 and 3,
46 paragraphs 2 and 3, 48 paragraph 2 and 63 paragraph 2 of the Environmental Protection Act of 7 October 19832 (EPA),
on the basis of Articles 9 paragraph 2 letter c, 27 paragraph 2 and 48 paragraph 2 of the Federal Act of 24 January 19913 on the Protection of Waters,
on the basis of Article 15 paragraphs 4 and 5 of the Foodstuffs Act of 20 June 20144,
and of Article 56 paragraph 2 of the Energy Act of 30 September 20165 (EnA), and in implementation of the Federal Act of 6 October 19956 on Technical Barriers to Trade,7

ordains:

Chapter 1 General Provisions

Art. 1 Purpose and scope

This Ordinance:a. prohibits or restricts the use of the particularly dangerous substances, preparations and articles covered by the Annexes;b. specifies the personal and professional qualifications required for the use of certain particularly dangerous substances, preparations and articles.

Without prejudice to specific disposal requirements laid down in this Ordinance, substances, preparations and articles which are waste, as defined in Article 7 paragraph 6 EPA, are subject to:a.8 the Waste Management Ordinance of 4 December 20159;b.10 the Ordinance of 22 June 200511 on Movements of Waste; andc. the Ordinance of 14 January 199812 on the Return, Take-Back and Disposal of Electrical and Electronic Equipment.

This Ordinance does not apply to:a. the transport of substances, preparations and articles by road, rail, water, air or pipelines;b.13 the transit of substances, preparations and articles under customs supervision, provided that they do not undergo any processing or transformation.

Art. 2 Definitions

In this Ordinance, without prejudice to specific definitions given in the Annexes:14a. manufacturer means any natural or legal person who manufactures, extracts or imports substances, preparations or articles on a professional or commercial basis; also deemed to be a manufacturer is any person who obtains substances, preparations or articles in Switzerland and supplies them on a professional or commercial basis, without altering their composition, under his own trade name or for some other purpose; if a person arranges for the manufacture of a substance, preparation or article in Switzerland by a third party, this person is deemed to be the sole manufacturer if he is domiciled or has a registered office in Switzerland;b. trader means any natural or legal person who obtains substances, preparations or articles in Switzerland and supplies them on a commercial basis without altering their composition.

Chapter 2 Use of Substances, Preparations and Articles

Section 1 Restrictions, Prohibitions and Exemptions

Art. 3

The restrictions and prohibitions on the use of specific substances, preparations and articles, together with exemptions, are regulated in the Annexes.

Exemptions under the Annexes are only granted to persons who are domiciled or have a registered office in Switzerland.

Section 1a Special Labelling

Art. 3a

Special labelling must be clearly legible and indelible. It must be in at least one official language of the place where the substance, preparation, appliance or article is supplied to users or the where the system is installed.

The following may be labelled in different official language or in English with the agreement of the individual professional users:a. a substance or preparation for supply to professional users;b. appliances and systems for professional users.

The official languages are German, French and Italian.

Section 2 Authorisations

Art. 415 Applications requiring authorisation

The following applications require an authorisation granted by the authorities mentioned below: Application Authority granting authorisation a. application, on a professional or commercial basis, of products intended to protect plants against rodents (rodenticides), if applied on more than one farm or by machine cantonal authority; with the agreement of the Federal Food Safety and Veterinary Office (FSVO), the Federal Office for Agriculture (FOAG) and the Federal Office for the Environment (FOEN) in the case of regional or supra-regional applications b.16 aerial spraying and spreading of plant protection products, basic substances, biocidal products and fertilisers Federal Office of Civil Aviation, with the agreement of the Federal Office of Public Health (FOPH), the FSVO, the FOAG, the State Secretariat for Economic Affairs (SECO) and the FOEN c.17 application of biocidal products, plant protection products, basic substances and fertilisers in forests, unless covered by an authorisation under letter a or b cantonal authority

Art. 4a18 Applications that do not require authorisation

The granting of authorisation in accordance with Article 4 letter b is not required for the application of organisms using an unmanned aircraft.

Art. 5 Requirements for authorisation

Authorisation shall be granted in accordance with Article 4 letter a or c if the planned application is not expected to endanger the environment. This authorisation is for a limited period and for a specific geographical area.19

Authorisation granted in accordance with Article 4 letter b shall be limited in time and geographical scope and only granted if, in the case of the planned application:a. application from the ground is not feasible or application from the air is associated with advantages for the protection of human health or the environment;b. the aviation company uses aircraft and equipment with state-of-the-art technology for the protection of human health and the environment; andc. there is no reason to fear any risk to human health and the environment.20

Authorisations shall only be granted to persons who are domiciled or have a registered office in Switzerland or in a member state of the European Union (EU) or the European Free Trade Association (EFTA).

Art. 621 Coordination

If a federal authority is responsible for the authorisation, it shall consult the relevant cantonal authority before making a decision, in particular in relation to whether the cantonal authority takes the view that the conditions for authorisation have been fulfilled and regarding the ancillary requirements to be stipulated in any authorisation that may be granted. The federal authority shall notify the cantonal authority of its decision.

Section 3 Certificates

Art. 7 Use of substances and preparations requiring a certificate

The following activities may only be carried out on a professional or commercial basis by natural persons with an appropriate certificate or with a qualification regarded as equivalent, or acting under the supervision of such persons:a. the use of:1. plant protection products,2. pesticides on behalf of third parties,3. disinfectants for use in public swimming pools,4. wood preservatives;b.22 the handling of refrigerants during:1. the manufacture, installation, maintenance or disposal of refrigeration, air conditioning or heat recovery appliances or systems,2. the disposal of refrigerants.

Pest control with fumigants may only be carried out by natural persons with an appropriate certificate or with a qualification regarded as equivalent.

The competent Federal Department shall specify detailed requirements for certificates. It may provide for exemptions to authorisation requirements. It shall take account of the protection goals.23

Art. 8 Proof of specialist knowledge

A certificate shall be issued to a person who, in an examination, has demonstrated the knowledge required for the activity concerned with regard to:a. fundamentals of ecology and toxicology;b. legislation on the protection of the environment, health and workers;c. measures for the protection of the environment and health;d. environmental impacts and the appropriate use and disposal of substances, preparations and articles;e. appliances and their appropriate handling.

Certificates from member states of the EU and EFTA are regarded as equivalent to Swiss certificates; the provisions on certificates for the use of plant protection products are reserved.24

The competent Federal Department or its designated agency shall decide, if requested by a college or vocational training establishment, whether a specific qualification must be regarded as equivalent to a certificate. Such equivalence does not apply to the use of plant protection products.25

The competent Federal Department shall determine which agency may recognise occupational experience as equivalent to a certificate and under what conditions. Such equivalence does not apply to the use of plant protection products.26

Articles 9–11 apply mutatis mutandis to:a. certificates from member states of the EU and EFTA (para. 2);b. qualifications regarded as equivalent to a certificate (para. 3);c. occupational experience recognised as equivalent to a certificate (para. 4).

Art. 8a27 Certificates for the use of plant protection products issued by member states of the EU and EFTA

Equivalence in accordance with Article 8 paragraph 2 does not apply to certificates for the use of plant protection products whose holder is established in Switzerland within the meaning of the Agreement of 21 June 199928 between the Swiss Confederation, of the one part, and the European Community and its Member States, of the other, on the free movement of persons or Annex K of the Convention of 4 January 196029 establishing the European Free Trade Association.

At the request of the holder of a relevant certificate from a member state of the EU or EFTA, the competent Federal Department shall decide on the recognition of the requesting person’s professional qualifications. Recognition shall make it possible for a Swiss certificate to be granted.

If the competent Federal Department finds significant differences between the foreign and the related Swiss qualification, it shall offer measures to compensate for these differences (compensation measures), in particular in the form of an examination or an adaptation course.

Recognition is not required for service providers. However, they must comply with the Swiss law on reporting requirement and the review of professional qualifications.

Art. 930 Geographical scope and period of validity

Certificates are valid throughout Switzerland.

The certificate permitting the professional or commercial use of plant protection products in accordance with Article 7 paragraph 1 letter a is valid for five years. It shall be extended for a further five years, provided that the holder has completed the continuing education and training in accordance with Article 10 before the expiry of the certificate's period of validity.

The competent Federal Department may restrict the period of validity of certificates.

Art. 1031 Mandatory continuing education and training

Any person who holds a certificate and carries out the relevant activities must keep abreast of best practices and undergo continuing education and training.

If necessary, the competent Federal Department may regulate the details of the mandatory continuing education and training, in particular with regard to its scope, content and conditions, as well as the recognition and monitoring of institutions for continuing education and training.

In the case of certificates permitting the professional or commercial use of plant protection products, the continuing education and training must be completed at an institution for continuing education and training recognised by the FOEN.

Art. 11 Sanctions

If the holder of a certificate wilfully infringes the relevant provisions of environmental, health and worker protection legislation, or repeatedly infringes such provisions through negligence, the cantonal authority may, by means of a ruling:32a. require the person concerned to attend a course or take an examination; orb. temporarily or permanently revoke the certificate.

The cantonal authority shall inform the competent Federal Office of such rulings.

Art. 12 Responsibilities

The Federal Department of the Environment, Transport, Energy and Communications (DETEC) is responsible for certificates as specified in Article 7 paragraph 1 letter a numbers 1 and 4, and letter b.

The Federal Department of Home Affairs (FDHA) is responsible for certificates as specified in Article 7 paragraph 1 letter a numbers 2 and 3, and paragraph 2.

The Department shall define:a. the content, scope and procedure for examinations;b. the documentation requirements for examining bodies.

The Department or its designated agency shall specify the examining bodies that conduct examinations and issue certificates. The certificates permitting the professional and commercial use of plant protection products shall be issued by the FOEN.33

DETEC shall provide opportunities for preparation for examinations within its sphere of responsibility.

In the case of certificates permitting the professional and commercial use of plant protection products:a. the FOEN shall decide in response to a written request whether an institution for continuing education and training may be recognised for offering a continuing education and training course within the meaning of Article 10;b. the FOEN shall monitor the institutions for continuing education and training;c. the FOEN shall revoke its recognition of an institution for continuing education and training if it fails to implement any corrective measures ordered despite being warned beforehand.34

Art. 12a35 Funding of examining bodies and institutions for continuing education and training

Based on Article 49 paragraph 1 EPA and in response to an application made to the FOEN, the Confederation may grant financial assistance for basic and continuing education and training. The bodies and institutions may claim financial assistance for education and training in the following fields:a. agriculture;b. horticulture;c. specialist fields, in particular the use of herbicides in agriculture and in the maintenance of railway and military installations and the maintenance of the grounds of residential, service, commercial, industrial and public buildings;d. forestry.

Financial assistance shall be provided in the form of flat-rate payments amounting to a maximum of 50 per cent of the costs of efficient education and training. This includes the planning, organisation, preparation and conduct of examinations and basic and continuing education and training courses.

DETEC shall decide on the content and objectives of the basic and continuing education and training and shall stipulate the criteria for granting financial assistance in an ordinance. The content, objectives and criteria shall in principle apply for the period to which the funding decision relates.

Chapter 3 Enforcement

Art. 13 Cantons

In the absence of regulations to the contrary, the cantons are responsible for monitoring compliance with the provisions of this Ordinance.

Art. 14 Confederation

The Confederation is responsible for:a.36 the tasks assigned to it in Articles 4, 7–12 (certificates) and 19;b. the granting of authorisations in accordance with the Annexes;c. enforcement of the provisions concerning imports and exports;d. enforcement with regard to substances, preparations and articles serving the interests of national defence.

Art. 15 Delegation of tasks and powers to third parties

The competent federal agencies may delegate to appropriate public bodies or private individuals some or all of the tasks and powers assigned to them by this Ordinance.

Insofar as the enforcement of health protection is concerned, delegation is limited to Articles 7–12 (certificates) and the provision of information under Article 28 of the Chemicals Act.

Art. 16 Special provisions concerning enforcement

With regard to medical devices, enforcement is based on the Medical Devices Ordinance of 17 October 200137.

With regard to substances, preparations and articles relating to systems and activities serving the interests of national defence, Article 82 of the Chemicals Ordinance of 5 June 201538 (ChemO) applies.39

With regard to fertilisers, the enforcement provisions of the Fertiliser Ordinance of 1 November 202340 also apply.41

Art. 17 Monitoring of imports and exports

At the request of the FOPH, FOAG or FOEN, customs offices shall check whether substances, preparations and articles comply with the provisions of this Ordinance.42

In cases of suspected infringement, they are authorised to detain goods at the border and call in the other enforcement authorities in accordance with this Ordinance. These authorities shall carry out further investigations and take the necessary measures.

Art. 18 Inspections

On a spot-check basis or at the request of the FOPH, FOAG, FOEN or SECO, the cantonal enforcement authorities shall inspect substances, preparations and articles placed on the market at the premises of manufacturers, traders and professional or commercial users. They shall check whether the substances, preparations and articles comply with the provisions of the Annexes, in particular with regard to composition, labelling and information for purchasers.43

They shall also check whether the use of these substances, preparations and articles complies with the requirements of this Ordinance.

If the substances, preparations or articles inspected or the use thereof give cause for complaint, the inspection authority shall inform the authorities responsible for rulings under Article 19. If the latter are cantonal authorities, it shall additionally inform the FOPH, FOEN and SECO and also, in cases of complaints concerning plant protection products, the FSVO and the FOAG, and in cases of complaints concerning fertilisers, the FOAG.44

Art. 19 Rulings arising from inspections

If an inspection reveals that provisions of this Ordinance have been violated, the federal authority or the authority of the canton in which the manufacturer, trader or user is domiciled or has a registered office shall, by means of a ruling, order the necessary measures.

Art. 2045 Specialist advice on the use of fertilisers, plant protection products and basic substances

The cantons shall ensure that specialist advice is offered on the use of fertilisers, plant protection products and basic substances, and that funding is available for these services.

They may require persons who use fertilisers, plant protection products and basic substances on a professional or commercial basis in polluted areas:a. to avail themselves of the specialist advice offered for this purpose;b. to make available the operational data required for such advice.

Art. 2146 Data confidentiality and data exchange

Data confidentiality and the exchange of data among enforcement authorities and with other countries are governed by Articles 73–76 of the ChemO47.

Art. 22 Fees

The obligation to pay fees and the calculation of fees for administrative acts performed by the federal enforcement authorities in accordance with this Ordinance are based on the Chemicals Fees Ordinance of 18 May 200548.

Chapter 4 Final Provisions

Art. 23 Transitional provisions

The transitional provisions on certificates in accordance with Articles 7–12 shall be enacted by the competent Federal Department.

Exemptions granted under the Substances Ordinance of 9 June 198649 remain valid for the period originally specified.

Applications for exemptions which are pending when this Ordinance comes into force shall be assessed according to this Ordinance.

Art. 23a50 Transitional provisions to the Amendment of 16 November 2022

Holders of a licence to use plant protection products that was granted in accordance with the provisions of the former Article 8 paragraphs 1, 3 or 4 that were valid until 31 December 2025 may apply to the FOEN by 30 June 2026 for the licence to be replaced.

Where an application has been submitted in respect of licences granted under the previous law by 30 June 2026, the licences shall be replaced by a certificate valid for five years, which shall be recorded in the Register of PPP Certificates in accordance with Article 1 of the Ordinance of 16 November 202251 on the Register of Certificates for the Use of Plant Protection Products.

Holders of a licence acquired before 1 January 2000 must successfully complete all the continuing education and training courses required in accordance with Article 9 paragraph 3 by 31 December 2029.

Licences granted under the previous law expire on 1 January 2027.

Art. 24 Commencement

This Ordinance comes into force on 1 August 2005.

1 Provisions relating to specific substances

  1. Persistent organic pollutants

  2. Halogenated organic substances

  3. Chlorinated aliphatic hydrocarbons

  4. Substances that deplete the ozone layer

  5. Substances stable in the atmosphere

  6. Asbestos

  7. Mercury

  8. Octylphenol, nonylphenol and their ethoxylates

  9. Flame retardants

  10. Substances classified as carcinogenic, mutagenic or toxic to reproduction

  11. Dangerous liquid substances

  12. Benzene and related compounds

  13. Nitroaromatics, aromatic amines and azo dyes

  14. Organotin compounds

  15. Tars

  16. Per- and polyfluoroalkyl substances

  17. Substances listed in Annex XIV to Regulation (EC) No 1907/2006

  18. Phthalates

  19. Cyclic siloxanes

2 Provisions relating to groups of preparations and articles

  1. Laundry detergents

  2. Cleaning and deodorising products

  3. Solvents

  4. Biocidal products

  5. Plant protection products and basic substances

  6. Fertilisers

  7. De-icing products

  8. Paints and varnishes

  9. Plastics and additives

  10. Refrigerants

  11. Extinguishing agents

  12. Aerosol dispensers52

  13. Thermal fuel additives

  14. Capacitors and transformers

  15. Batteries

  16. Special provisions relating to metals

  17. Wood-based articles and other articles containing resin

  18. Electrical and electronic equipment

  19. Insulating gases in electrical systems and electrical devices

Provisions relating to specific substances

(Art. 3)

Persistent organic pollutants

1 Prohibitions

1 It is prohibited to manufacture, place on the market, import on a private basis or use:

  1. persistent organic substances as specified in Number 3;

  2. substances and preparations containing persistent organic substances as specified in Number 3 which are not merely unavoidable impurities.

2 New articles may not be placed on the market if they or their components contain persistent organic substances as specified in Number 3 which are not merely unavoidable impurities.

3 Annex 1.16 applies to the following substances:

  1. perfluorooctane sulfonic acid and its derivatives (PFOS);

  2. perfluorohexane sulfonic acid (PFHxS) and its precursor compounds;

  3. perfluorooctanoic acid (PFOA) and its precursor compounds.

4 For electrical and electronic equipment that contains hexabromobiphenyl or brominated diphenyl ethers, Annex 2.18 applies.

5 For decabromodiphenyl ether, Annex 1.9 numbers 2 and 4 apply.

2 Exceptions

1 The prohibitions specified in Number 1 paragraph 1 do not apply to:

  1. manufacture, placing on the market and use for analysis and research purposes;

  2. lubricating oils and greases manufactured from waste oils if the content of persistent organic substances does not exceed 0.0001 % by mass (1mg/kg).

1bis The prohibitions specified in Number 1 paragraph 1 letter b do not apply to substances and preparations, provided that:

  1. their content of alkanes C10–C13, chloro- does not exceed 1 % by mass;

  2. their content of brominated diphenyl ethers as specified in Number 3 letter d does not exceed 0.001 % by mass (10 mg/kg).

2 The prohibitions specified in Number 1 paragraph 1 letter b and paragraph 2 do not apply to articles and their components, provided that:

  1. their content of alkanes C10–C13, chloro does not exceed 0.15 % by mass;

  2. their content of tetra-, penta-, hexa- and heptabromodiphenyl ether as specified in Number 3 letter d does not exceed 0.001% by mass (10mg/kg).

3 In addition, the prohibitions specified in Number 1 paragraph 1 letter b and paragraph 2 do not apply to preparations and articles manufactured partially or fully from recycled materials or materials from waste prepared for re-use, provided that their content of tetra-, penta-, hexa- and heptabromodiphenyl ether as specified in Number 3 letter d does not exceed 0.1 % by mass.

3 List of prohibited persistent organic pollutants

  1. Halogenated aliphates

    1. Hexachlorobutadine (CAS no 87-68-3);

    2. Alkanes C10–C13, chloro (CAS no 85535-84-8);

    3. Perfluorooctane sulfonic acid and its derivatives (PFOS);

    4. Hexachlorocyclohexane (HCH, all isomers);

    5. Hexabromocyclododecane (HBCDD, isomers of CAS no 25637-99-4, CAS no 3194-55-6, CAS no 134237-50-6, CAS no 134237-51-7 and CAS no 134237-52-8);

    6. Aldrin (CAS no 309-00-2);

    7. Chlordane (CAS no 57-74-9);

    8. Chlordecone (Kepone, CAS no 143-50-0);

    9. Dieldrin (CAS no 60-57-1);

    10. Endosulfan (CAS no 115-29-7) and its isomers (CAS no 959‑98‑8 and CAS no 33213-65-9);

    11. Endrin (CAS no 72-20-8);

    12. Heptachlor (CAS no 76-44-8) and Heptachlor epoxide (CAS no 1024‑57-3);

    13. Mirex (CAS no 2385-85-5);

    14. Toxaphene (CAS no 8001-35-2).

    15. Perfluorooctanoic acid (PFOA) and its precursor compounds.

    16. Perfluorohexane sulfonic acid (PFHxS) and its precursor compounds;

    17. 1,6,7,8,9,14,15,16,17,17,18,18-Dodecachloropenta-

      cyclo[12.2.1.16,9.02,13.05,10]octadeca-7,15-diene (Dechlorane Plus, CAS No. 13560-89-9) including its anti- and syn-isomers (CAS No. 135821-74-8 and CAS No. 135821-03-3).

  2. Halogenated Monoaromaten

    1. Pentachlorobenzene (CAS no 608-93-5);

    2. Hexachlorobenzene (CAS no 118-74-1).

    3. Pentachlorphenol (PCP, CAS no 87-86-5), its salts and esters.

  3. Halogenated biphenyls and naphthalenes

    1. Polychlorinated biphenyls (CAS no 1336-36-3 and others);

    2. Hexabrombifenyl (CAS no 36355-01-8);

    3. Polychlorinated naphthalenes with the formula C10HnCl8–n where 0 ≤ n ≤ 7.

  4. Brominated diphenyl ethers

    1. Tetrabromodiphenyl ether with the formula C12H6Br4O;

    2. Pentabromodiphenyl ether with the formula C12H5Br5O;

    3. Hexabromodiphenyl ether with the formula C12H4Br6O;

    4. Heptabromodiphenyl ether with the formula C12H3Br7O;

    5. Decabromdiphenyl ether with the formula C12Br10O.

  5. DDT and DDT-like compounds

    1. Dichlorodiphenyltrichloroethane (DDT);

    2. Dicofol (CAS no 115-32-2).

    3. Methoxychlor (CAS No 72-43-5).

  6. Benzotriazoles

    1. 2-(2H-benzotriazol-2-yl)-4,6-di-tert-pentylphenol(UV-328, CAS No 25973-55-1).

4 Transitional provisions

1 The prohibitions specified in Number 1 paragraphs 1 and 2 do not apply to:

  1. the placing on the market of the following articles containing Dechlorane Plus that were first placed on the market before 26 February 2030:

    1. articles with applications in the aerospace and defence industry,

    2. devices for medical imaging,

    3. devices and equipment for radiotherapy,

    4. components for the manufacture of articles, equipment and installations in accordance with items 1-3;

  2. the placing on the market of spare parts containing Dechlorane Plus for the repair of the following articles until 31 December 2043, if Dechlorane Plus was used in the manufacture of these articles:

    1. motor vehicles that were first placed on the market before 1 January 2026,

    2. stationary machinery for agriculture, forestry and construction that was first placed on the market before 1 January 2026,

    3. devices with applications in shipping, forestry and gardening that were first placed on the market before 1 January 2026,

    4. analysis, measuring, control, monitoring, testing, production and inspection equipment, including in vitro diagnostic medical devices, which were first placed on the market before 1 January 2026,

    5. articles with applications in the aerospace and defence industry that were first placed on the market before 26 February 2030,

    6. medical imaging devices that were first placed on the market before 26 February 2030,

    7. devices and systems for radiotherapy that were placed on the market for the first time before 26 February 2030;

  3. the placing on the market of all other articles containing Dechlorane Plus that were first placed on the market in Switzerland or an EU or EFTA Member State before 1 January 2026;

  4. the placing on the market and use of Dechlorane Plus and preparations containing Dechlorane Plus for:

    1. the manufacture of articles, devices, systems and components in accordance with letter a until 25 February 2030,

    2. the manufacture of spare parts that may be placed on the market in accordance with letter b.

2 The prohibition specified in Number 1 paragraph 2 does not apply to:

  1. the placing on the market of the following articles containing UV-328 that were first placed on the market before 26 February 2030:

    1. motor vehicles and their components,

    2. aircraft and their spare parts, each containing UV-328 in tapes, adhesives or coatings,

    3. railway vehicles, production machinery and large steel structures that each contain UV-328 in coatings,

    4. mechanical separators in blood collection tubes,

    5. triacetylcellulose film in polarisers and articles containing such polarisers,

    6. photo paper;

  2. the placing on the market of spare parts containing UV-328 for the repair of the following articles until 31 December 2043 if UV-328 was used in the manufacture of these articles:

    1. stationary machinery for agriculture, forestry and construction that was first placed on the market before 1 January 2026,

    2. motor vehicles that were first placed on the market before 26 February 2030;

    3. liquid crystal displays in analysis, measurement, control, monitoring, testing, production and inspection equipment placed on the market for the first time before 26 February 2030,

    4. liquid crystal displays in medical devices that were first placed on the market before 26 February 2030;

  3. the placing on the market of all other articles containing UV-328 that were first placed on the market in Switzerland or an EU or EFTA Member State before 1 January 2026.

3 The FOEN may, in response to a justified application, grant temporary exemptions from the prohibitions specified in Number 1 paragraph 1 for the placing on the market and use of preparations containing UV-328 and UV-328 for:

  1. the manufacture of articles specified in paragraph 2 letter a: until 25 February 2030;

  2. the manufacture of spare parts that may be placed on the market in accordance with paragraph 2 letter b: until 31 December 2043.

4 The FOEN shall grant an exemption in accordance with paragraph 3 if the measures required to protect human health and the environment are taken and emissions of UV-328 into the environment are reduced to a minimum.

5 An application in accordance with paragraph 3 must contain at least the following information:

  1. the location of the use;

  2. the intended use of UV-328 or preparations containing this substance;

  3. the expected quantities used and information on the expected environmental impact of UV-328;

  4. a description of the measures taken to minimise environmental inputs of UV-328 and human exposure as far as technically feasible and economically viable.

(Art. 3)

Halogenated organic substances

1 Prohibitions

1 It is prohibited to manufacture, place on the market, import on a private basis or use:

  1. halogenated organic substances as specified in Number 3;

  2. substances and preparations containing halogenated organic substances as specified in Number 3 which are not merely unavoidable impurities.

2 It is prohibited to place new textiles and new leather goods on the market if they or their components contain substances as specified in Number 3 letters a – e which are not merely unavoidable impurities.

3 It is prohibited to place on the market new articles if they or their components contain substances as specified in Number 3 Letters f and g which are not merely unavoidable impurities.

4 For chlorinated biphenyls and naphthalenes and hexabromobiphenyl, Annex 1.1 applies.

5 For electrical and electronic equipment that contain octabromodiphenyl ether, Annex 2.18 applies.

2 Exceptions

1 The prohibitions specified in Number 1 paragraph 1 do not apply to:

  1. manufacture, placing on the market and use for analysis and research purposes;

  2. mono- and di-halogenated biphenyls, terphenyls and naphthalenes and to preparations that contain such substances if they are used exclusively as intermediate products in synthesis and are merely contained in finished products as unavoidable impurities;

  3. lubricating oils and greases manufactured from waste oils if their content of halogenated biphenyls does not exceed 0.0001 % (1mg/kg) by mass;

  4. the manufacture of 1,2,4 trichlorobenzene and substances and preparations containing 1,2,4 trichlorobenzene;

  5. the placing on the market and use of 1,2,4 trichlorobenzene and of substances and preparations containing 1,2,4 trichlorobenzene as:

    1. intermediate products in synthesis, in particular for the manufacture of 1,3,5-trinitro-2,4,6-triaminobenzene,

    2. process solvents in closed systems in chlorination reactions;

  6. the placing on the market and use of substances and preparations with a maximum concentration of 0.1 % 1,2,4 trichlorobenzene by mass.

2 The prohibition specified in Number 1 paragraph 2 does not apply to the import of new textiles and new leather goods which are only finished or repackaged in Switzerland and then re-exported in their entirety.

3 In relation to the substance specified in Number 3 letter g, the prohibition specified in Number 1 paragraph 3 does not apply to the placing on the market of articles if their content of octabromodiphenyl ether does not exceed 0.1 % by mass.

3 List of prohibited halogenated organic substances

  1. Aliphatic polycyclic systems

    1. isodrin (CAS no 465-73-6);

    2. kelevan (CAS no 4234-79-1);

    3. strobane (CAS no 8001-50-1);

    4. telodrin (CAS no 297-78-9).

  2. DDT-like compounds

    1. dichlorodiphenyldichloroethylene (DDE);

    2. dichlorodiphenyldichloroethane (DDD);

    3. perthane (CAS no 72-56-0).

  3. Quintozene (CAS no 82-68-8).

  4. Polychlorinated phenols and their derivatives

    1. pentachlorophenoxy compounds;

    2. tetrachlorphenols (TeCP) and their salts, and tetrachlorophenoxy compounds.

  5. Halogenated biphenyls, terphenyls and naphthalenes

    1. halogenated biphenyls with the formula C12HnX10-n;

    2. X = halogen, 0 ≤ n ≤ 9;

    3. halogenated terphenyls with the formula C18HnX14–n;

    4. X = halogen, 0 ≤ n ≤ 13;

    5. halogenated naphthalenes with the formula C10HnX8–n;

    6. X = halogen, 0 ≤ n ≤ 7.

  6. Halogenated diarylalkanes

    1. monomethyl-tetrachloro-diphenyl methane (CAS no 76253-60-6);

    2. monomethyl-dichloro-diphenyl methane;

    3. monomethyl-dibromo-diphenyl methane (CAS no 99688-47-8).

  7. Octabromodiphenyl ether with the molecular formula C12H2Br8O.

  8. Trichlorophenoxy fatty acids and their derivatives

    1. 2,4,5-trichlorophenoxyacetic acid (CAS no 93-76-5) and its salts and 2,4,5-trichlorphenoxyacetyl compounds;

    2. 2-(2,4,5-Trichlorphenoxy) propionic acid (CAS no 93-72-1) and its salts, and 2-(2,4,5-trichlorophenoxy) propionyl compounds.

  9. 1,2,4-trichlorobenzene (CAS no 120-82-1).

(Art. 3)

Chlorinated aliphatic hydrocarbons

1 Prohibitions

1 It is prohibited to place on the market or use the following substances:

  1. chloroform (CAS no 67-66-3);

  2. 1,1,2-trichloroethane (CAS no 79-00-5);

  3. 1,1,2,2-tetrachloroethane (CAS no 79-34-5);

  4. 1,1,1,2-tetrachloroethane (CAS no 630-20-6);

  5. pentachloroethane (CAS no 76-01-7);

  6. 1,1-dichloroethylene (CAS no 75-35-4).

2 It is also prohibited to place on the market or use substances and preparations containing 0.1% or more, by mass, of the substances specified in paragraph 1.

3 It is prohibited to use hexachloroethane (CAS no 67-72-1) in the manufacturing or processing of non-ferrous metals.

2 Exceptions

1 The prohibitions specified in Number 1 paragraphs 1 and 2 do not apply to:

  1. medicinal products;

  2. cosmetic products which, based on Article 54 paragraphs 2–5 and 7 of the Foodstuffs and Utility Articles Ordinance of 16 December 201653, may contain substances specified in Number 1 paragraph 1;

  3. substances and preparations intended for use in closed systems in industrial processes;

  4. substances and preparations intended for analysis and research.

2 On receipt of a justified request, the FOEN may, with the agreement of the SECO and the FOPH, grant temporary exemptions from the prohibitions specified in Number 1 paragraphs 1 and 2 for the use of chloroform if:

  1. according to the state of the art, no substitute for chloroform is available for the use in question; and

  2. the quantity of chloroform used is no greater than is required for the intended purpose and does not exceed 20 litres per year.

3 Special labelling

1 The packaging of substances and preparations specified in Number 2 letter c must be marked as follows: «For industrial use only».

2 …

(Art. 3)

Substances that deplete the ozone layer

1 Definitions

1 Substances that deplete the ozone layer are:

  1. all fully halogenated chlorofluorocarbons with up to three carbon atoms (CFCs), such as:

    1. trichlorofluoromethane (CFC 11),

    2. dichlorodifluoromethane (CFC 12),

    3. tetrachlorodifluoroethane (CFC 112),

    4. trichlorotrifluoroethane (CFC 113),

    5. dichlorotetrafluoroethane (CFC 114),

    6. chloropentafluoroethane (CFC 115);

  2. all hydrochlorofluorocarbons with up to three carbon atoms (HCFCs), such as:

    1. chlorodifluoromethane (HCFC 22),

    2. dichlorotrifluoroethane (HCFC 123),

    3. dichlorofluoroethane (HCFC 141),

    4. chlorodifluoroethane (HCFC 142);

  3. all fully halogenated bromofluorocarbons with up to three carbon atoms (halons), such as:

    1. bromochlorodifluoromethane (halon 1211),

    2. bromotrifluoromethane (halon 1301),

    3. dibromotetrafluoroethane (halon 2402);

  4. all partially halogenated hydrobromofluorocarbons with up to three carbon atoms (HBFCs);

  5. 1,1,1-trichloroethane (CAS no 71-55-6);

  6. carbon tetrachloride (CAS no 56-23-5);

  7. bromomethane (CAS no 74-83-9);

  8. bromochloromethane (CAS no 74-97-5).

2 Preparations containing substances specified in paragraph 1 are deemed equivalent to substances that deplete the ozone layer if they are found in containers used solely for the transport or storage of these preparations.

3 Regenerated substances that deplete the ozone layer are substances produced by re-processing of used ozone depleting substances without chemical modification.

2 Manufacture

2.1 Prohibition

It is prohibited to manufacture substances that deplete the ozone layer.

2.2 Exception

The prohibition specified in Number 2.1 does not apply to the manufacture of regenerated substances that deplete the ozone layer.

3 Placing on the market

3.1 Prohibition

1 It is prohibited to place on the market preparations and articles which:

  1. contain substances that deplete the ozone layer;

  2. were manufactured with substances that deplete the ozone layer and are listed in an Annex to the Montreal Protocol of 16 September 198754 on Substances that Deplete the Ozone Layer (Montreal Protocol).

2 Substances that are listed in Annex II of Regulation (EU) 2024/57355 and are ozone-depleting substances must be placed on the market in reusable containers if they are intended for use:

  1. in accordance with Annex 2.9 number 3.3; or

  2. in systems or equipment that may be placed on the market or imported for private purposes in accordance with Annex 2.10 numbers 2.1 and 2.2 and Annex 2.11 numbers 2.1 and 2.2.

3.2 Exceptions

The prohibition specified in Number 3.1 does not apply to the placing on the market of:

  1. preparations and articles for whose manufacture or maintenance substances that deplete the ozone layer may be used in accordance with Number 6.2 or on the basis of an exemption granted under Number 6.3.1 paragraph 1;

  2. preparations and articles which may be placed on the market in accordance with the provisions of Annexes 2.9–2.11 and which, if imported, are imported from countries that comply with the provisions of the Montreal Protocol and the Amendments to the Protocol of 29 June 199056, 25 November 199257, 17 September 199758 and 3 December 199959, as approved by Switzerland60;

  3. preparations deemed equivalent to substances that deplete the ozone layer as specified in Number 1 paragraph 2.

3.3 Import of substances

3.3.1 Licence requirement

Any person wishing to import substances that deplete the ozone layer as specified in Number 1 paragraph 1, or who intends to store such substances in an open customs warehouse, in a warehouse for bulk goods or in a duty-free warehouse, requires an import licence from the FOEN.

3.3.2 Licence conditions

1 An import licence is granted on application, provided that:

  1. the substances that deplete the ozone layer which are intended to be imported are for a permitted use as specified in Number 6.2 or the intended user has been granted an exemption in accordance with Number 6.3.1 paragraph 1; and

  2. the import comes from countries that have approved the Montreal Protocol and its amendments of 29 June 1990, 25 November 1992, 17 September 1997 and 3 December 199961.

2 In addition, for substances specified in Number 1 paragraph 1, the import licence is only issued for the quantities and uses approved by the Parties to the Montreal Protocol.

3.3.3 Principles

1 The import licence is granted in the form of a general import licence.

2 A general import licence entitles the holder to import specific quantities of substances that deplete the ozone layer from specific foreign exporters. It is personal and non-transferable.

3 The FOEN shall inform the cantons and the Federal Office for Customs and Border Security (FOCBS)62 of the granting and revocation of general import licences.

3.3.4 Application

1 The application must include:

  1. the applicant’s name and address;

  2. the names and addresses of the foreign exporters;

  3. for each substance to be imported, the following information:

    1. the chemical name according to an internationally recognised nomenclature,

    2. the customs tariff number according to the Annexes of the Federal Act of 9 October 198663 on Customs Tariffs (CTA),

    3. the intended quantity, expressed in kilograms per calendar year,

    4. the intended uses.

2 The FOEN may request further information on the origin and intended use of the substances concerned.

3.3.5 Decision

1 The FOEN shall make a decision on the complete application within two months.

2 A general import licence is issued for a maximum period of 18 months; it expires at the end of a calendar year and is numbered.

3.3.6 Obligations relating to import and storage

1 The person required to submit a declaration under Article 26 of the Customs Act of 18 March 200564 (CustA) must specify the number of the general import licence in the customs declaration.

2 At the request of the customs office, the person required to submit a declaration must submit a copy of the import licence as specified in Number 3.3.5 paragraph 1.

3 On storage in an open customs warehouse, in a warehouse for bulk goods or in a duty-free warehouse, the storer or depositor must enter the number of the import licence in an inventory record.

4 Export

4.1 Prohibition

It is prohibited to export articles the use of which requires substances that deplete the ozone layer as specified in Number 1 paragraph 1 letters a, c–f and h.

4.2 Export licence

4.2.1 Licence requirement

For substances that deplete the ozone layer as specified in Number 1 paragraph 1 with a gross mass of more than 20kg, an export licence from the FOEN is required by any person wishing to:

  1. export such substances; or

  2. move such substances to another country from an open customs warehouse, a warehouse for bulk goods or a duty-free warehouse.

4.2.2 Licence conditions

An export licence shall be granted on application if the export is to countries that have approved the Montreal Protocol and its amendments of 29 June 1990, 25 November 1992, 17 September 1997 and 3 December 199965.

4.2.3 Principles

1 The export licence is granted in the form of a specific export licence.

2 An export licence entitles the holder to export, on one occasion, specific quantities of substances that deplete the ozone layer to a specific foreign importer in a country that complies with the Montreal Protocol provisions approved by Switzerland. It is personal and non-transferable.

3 The FOEN shall inform the cantons and the FOCBS of the granting and revocation of export licences.

4.2.4 Application

1 The application must include:

  1. the applicant’s name and address;

  2. the name and address of the foreign importer;

  3. for each substance to be exported, the following information:

    1. the chemical name according to an internationally recognised nomenclature,

    2. the customs tariff number according to the Annexes of the CTA,

    3. the name and address of the previous owner,

    4. the intended quantity, expressed in kilograms.

2 The FOEN may request further information on the origin and intended use of the substances concerned.

4.2.5 Decision

1 The FOEN shall make a decision on the complete application within two months.

2 An export licence shall be issued for a maximum period of 12 months and shall be numbered.

4.2.6 Obligations relating to export and removal from storage

1 The person required to submit a declaration under Article 26 CustA must specify the number of the export licence in the customs declaration.

2 The person required to submit a declaration must submit a copy of the export licence with the customs declaration.

3 On removal from an open customs warehouse, a warehouse for bulk goods or a duty-free warehouse, the storer or depositor must enter the number of the export licence in an inventory record.

5 Reporting requirements for imports and exports

5.1 Principles

1 Any person who imports or exports substances that deplete the ozone layer as specified in Number 1 paragraph 1 or preparations as specified in Number 1 paragraph 2 must inform the FOEN each year by 31 March of the quantities imported or exported during the previous year.

2 The reports must be classified by substance and intended use.

5.2 Exceptions

The reporting requirements specified in Number 5.1 paragraph 1 do not apply to storage in, or removal to another country from, a customs bonded warehouse, a bulk goods warehouse or a duty-free warehouse.

6 Use

6.1 Prohibition

It is prohibited to use substances that deplete the ozone layer.

6.2 Exceptions

1 The prohibition specified in Number 6.1 does not apply to the use of substances that deplete the ozone layer for the manufacture of preparations or articles which may be placed on the market or imported for private purposes in accordance with the provisions of Annexes 2.9–2.11.

2 If, according to the state of the art, no substitute is available for the substances that deplete the ozone layer or for the preparations and articles manufactured using these substances, the prohibition specified in Number 6.1 does not apply to the use of substances that deplete the ozone layer:

  1. as intermediate products for complete subsequent chemical conversion;

  2. for the laboratory or analytical purposes permitted in accordance with Decision X/19 of the Parties to the Montreal Protocol66.

6.3 Exemptions

6.3.1 Principles

1 On receipt of a justified application, the FOEN may grant temporary exemptions for other uses of substances that deplete the ozone layer.

2 It shall inform the cantons of the granting and revocation of exemptions.

6.3.2 Exemption requirements

An exemption may be granted if:

  1. according to the state of the art, no substitute is available for the substances that deplete the ozone layer or for the preparations and articles manufactured using these substances; and

  2. the quantity of substances that deplete the ozone layer being used is no greater than is required for the intended purpose.

6.3.3 Application

1 An application must include:

  1. the applicant's name and address;

  2. the chemical name of the substance according to an internationally recognised nomenclature;

  3. the safety data sheet for the substance;

  4. the name and address of the supplier of the substance;

  5. information about the intended use, including the quantities to be used and disposed of per year;

  6. the intended disposal method;

  7. a description of the measures to prevent or reduce emissions of the substance concerned throughout its lifetime;

  8. a description of the research and development activities undertaken to avoid the use of the substance concerned.

2 The FOEN may request further information on the substance concerned and its intended use.

3 Applications under Number 6.3.3 paragraph 1 must be submitted at least 14 months before the start of the calendar year in which the use is to take place.

6.3.4 Decision

The FOEN shall decide on complete applications within two months of receiving the decision of the Meeting of the Parties to the Montreal Protocol on the quantity of a particular substance which may be used during a particular period.

6bis Special labelling

1 The manufacturer may only place on the market containers that contain or will contain substances listed in Annex II to Regulation (EU) 2024/573 and that are ozone-depleting substances if their labelling contains the following information:

  1. the text: "Contains fluorinated greenhouse gases";

  2. the abbreviated chemical names of the substances contained or to be contained in the containers, using the industrial nomenclature accepted for the area concerned;

  3. the quantity of substances, in kg and tonnes of CO2 equivalents, and the global warming potential of the substances.

2 The manufacturer of containers that contain or will contain substances referred to in paragraph 1 in recycled or reclaimed form in accordance with Article 3 paragraphs 12 and 13 of Regulation (EU) 2024/573 or in regenerated form in accordance with Number 1 paragraph 3 must indicate this on the containers:

  1. the quality of the fabrics;

  2. the name and address of the facility where the substances have been recycled, reprocessed or regenerated.

7 Transitional provision

Preparations and articles which were manufactured with substances that deplete the ozone layer and are listed in an Annex to the Montreal Protocol (No. 3.2.1 let. b) may continue to be imported for one year after the relevant Annex to the Montreal Protocol comes into force.

(Art. 3)

Substances stable in the atmosphere

1 Definition

1 Substances stable in the atmosphere are:

  1. hydrofluorocarbons in accordance with Annex F of the Montreal Protocol of 16 September 1987 on Substances that Deplete the Ozone Layer67 (Montreal Protocol);

  2. other fluorinated organic compounds68 with a vapour pressure of at least 0.1 mbar at 20ºC or whose boiling point does not exceed 240ºC at 1013.25 mbar, and which have a mean atmospheric lifetime of at least 2 years;

  3. sulfur hexafluoride (CAS no 2551-62-4);

  4. nitrogen trifluoride (CAS no 7783-54-2).

1bis For the purposes of the obligation in accordance with Number 9 paragraph 2, nitrous oxide (CAS no 10024-97-2) also applies as a substance stable in the atmosphere, provided the nitrous oxide is generated as a by-product in the manufacture of the following substances:

  1. nitric acid (CAS no 7697-37-2);

  2. caprolactam (CAS no 105-60-2);

  3. adipic acid (CAS no 124-04-9);

  4. glyoxal (CAS no 107-22-2) and glyoxylic acid;

  5. nicotinic acid (CAS no 59-67-6);

  6. substances other than those named in letters a–e that are generated from a reaction with nitrous oxides or nitric acid, provided nitrous oxide is generated in a comparable volume to that in the manufacture of the substances named in letters a–e.

2 Preparations containing substances specified in paragraph 1 are deemed equivalent to substances stable in the atmosphere if they are found in containers used solely for the transport or storage of these preparations.

3 Regenerated substances stable in the atmosphere are substances produced by reprocessing of used substances stable in the atmosphere without chemical modification.

2 Substances stable in the atmosphere which are substances that deplete the ozone layer

For substances stable in the atmosphere which are substances that deplete the ozone layer, Annex 1.4 applies.

3 Manufacture

3.1 Prohibition

The manufacture of hydrofluorocarbons as specified in Number 1 letter a is prohibited.

3.2 Exception

The prohibition specified in Number 3.1 does not apply to the manufacture of regenerated hydrofluorocarbons.

4 Placing on the market

4.1 Prohibition

1 It is prohibited to place on the market preparations and articles containing substances stable in the atmosphere.

2 Substances that are listed in one of Annexes I-III of Regulation (EU) 2024/57369 and are stable in the atmosphere must be placed on the market in reusable containers if they are intended for use:

  1. in accordance with Annex 2.3 number 4.2 or Annex 2.9 number 3.3; or

  2. in systems or devices that may be placed on the market or imported for private purposes in accordance with Annex 2.10 numbers. 2.1 and 2.2, Annex 2.11 numbers 2.1 and 2.2 and Annex 2.19 numbers 2.1 and 2.2.

4.2 Exceptions

Without prejudice to Number 8 paragraph 1, the prohibition specified in Number 4.1 paragraph 1 does not apply to the placing on the market of:

  1. preparations and articles for whose manufacture or maintenance substances stable in the atmosphere may be used in accordance with Number 6.2 or on the basis of an exemption granted under Number 6.3.1 paragraph 1;

  2. preparations and articles that may be placed on the market in accordance with the provisions of Annexes 2.3 and 2.9-2.11 and articles that may be placed on the market in accordance with the provisions of Annexes 2.12 and 2.19; and

  3. preparations deemed equivalent to substances stable in the atmosphere as specified in Number 1 paragraph 2.

4.3 Import of substances

4.3.1 Licence requirement

Any person wishing to import hydrofluorocarbons as specified in Number 1 paragraph 1 letter a, or who intends to store them in an open customs warehouse, in a warehouse for bulk goods or in a duty-free warehouse, requires an import licence from the FOEN.

4.3.2 Licence conditions

Without prejudice to Number 8 paragraph 1, an import licence is granted on application, provided that the hydrofluorocarbons which are intended to be imported are for a permitted use as specified in Number 6.2 or the intended user has been granted an exemption in accordance with Number 6.3.1 paragraph 1.

4.3.3 Principles

1 The import licence is granted in the form of a general import licence.

2 A general import licence entitles the holder to import specific quantities of hydrofluorocarbons from specific foreign exporters. It is personal and non-transferable.

3 The FOEN shall inform the cantons and the FOCBS of the granting and revocation of general import licences.

4.3.4 Application

1 An application must include:

  1. the applicant's name and address;

  2. the names and addresses of the foreign exporters;

  3. for each substance to be imported, the following information:

    1. the chemical name according to an internationally recognised nomenclature,

    2. the customs tariff number according to the Annexes of the Customs Tariff Act of 9 October 198670 (CTA),

    3. the intended quantity, expressed in kilograms per calendar year,

    4. its quality (new, used, regenerated),

    5. the intended uses.

2 The FOEN may request further information on the origin and intended use of the substances concerned.

4.3.5 Decision

1 The FOEN shall make a decision on the complete application within two months.

2 A general import licence is issued for a maximum period of 18 months; it expires at the end of a calendar year and is numbered.

4.3.6 Obligations relating to import and storage

1 The person required to submit a declaration under Article 26 of the Customs Act of 18 March 200571 (CustA) must specify the number of the general import licence in the customs declaration.

2 At the request of the customs office, the person required to submit a declaration must submit a copy of the import licence.

3 On storage in an open customs warehouse, in a warehouse for bulk goods or in a duty-free warehouse, the storer or depositor must enter the number of the import licence in an inventory record.

5 Export

5.1 Licence requirement

For hydrofluorocarbons as specified in Number 1 paragraph 1 letter a with a gross mass of more than 20kg, an export licence from the FOEN is required by any person wishing to:

  1. export such substances; or

  2. move such substances to another country from an open customs warehouse, a warehouse for bulk goods or a duty-free warehouse.

5.2 Licence conditions

An export licence is issued if the applicant submits a complete application as specified in Number 5.4.

5.3 Principles

1 The export licence is granted in the form of a specific export licence.

2 A specific export licence entitles the holder to export, on one occasion, specific quantities of hydrofluorocarbons. It is personal and non-transferable.

3 The FOEN shall inform the cantons and the FOCBS of the granting and revocation of export licences.

5.4 Application

An application must include:

  1. the applicant's name and address;

  2. the name and address of the foreign importer;

  3. for each substance to be exported, the following information:

    1. the chemical name according to an internationally recognised nomenclature,

    2. the customs tariff number according to the Annexes of the CTA,

    3. the name and address of the previous owner,

    4. the intended quantity, expressed in kilograms, broken down by calendar year, importer and recipient country,

    5. its quality (new, used, regenerated).

5.5 Decision

1 The FOEN shall make a decision on the complete application within two months.

2 An export licence is issued for a period of 12 months and is numbered.

5.6 Obligations relating to export and removal from storage

1 The person required to submit a declaration under Article 26 CustA must specify the number of the export licence in the customs declaration.

2 The person required to submit a declaration must submit a copy of the export licence with the customs declaration.

3 On removal from an open customs warehouse, a warehouse for bulk goods or a duty-free warehouse, the storer or depositor must enter the number of the export licence in an inventory record.

6 Use

6.1 Prohibition

It is prohibited to use substances stable in the atmosphere.

6.2 Exceptions

1 Without prejudice to paragraph 2, the prohibition specified in Number 4.1 does not apply to the use of substances stable in the atmosphere:

  1. for the manufacture or maintenance of preparations or articles that may be placed on the market or imported for private purposes in accordance with the provisions of Annexes 2.3 and 2.9-2.11, as well as articles that may be placed on the market or imported for private purposes in accordance with the provisions of Annexes 2.12 and 2.19;

  2. 5% of the quantity of substances used;

  3. as an intermediate in a process leading to complete chemical conversion, provided that emissions do not exceed 0.5% of the quantity of substances used;

  4. as heat transfer or insulation fluids in welding machines and in testing and calibration baths;

  5. as medicinal products or medical devices;

  6. for research and analysis purposes.

2 The exceptions under paragraph 1 only apply if:

  1. no state-of-the-art alternative is available either for the substances stable in the atmosphere or for the preparations and articles manufactured with or containing these substances;

  2. the quantity and the global warming potential of the substances stable in the atmosphere being used are no greater than is required for the intended purpose according to the state of the art; and

  3. emissions of substances stable in the atmosphere are kept as low as possible throughout the life cycle of the intended use.

3 After consulting the industry concerned and the cantonal authorities responsible for enforcing this Ordinance, the FOEN shall issue recommendations on the state of the art in accordance with paragraph 2.

6.3 Exemptions

6.3.1 Principles

1 On receipt of a justified request, the FOEN may grant temporary exemptions for other uses of substances stable in the atmosphere.

2 It shall inform the cantons of the granting and revocation of exemption permits.

6.3.2 Exemption requirements

An exemption may be granted if:

  1. according to the state of the art, no substitute is available either for the substances stable in the atmosphere or for the preparations and articles manufactured with these substances;

  2. the quantity and the global warming potential of the substances stable in the atmosphere being used is no greater than is required for the intended purpose according to the state of the art; and

  3. emissions of substances stable in the atmosphere are kept as low as possible throughout the life cycle of the intended use.

6.3.3 Application

An application must include:

  1. the applicant's name and address;

  2. the chemical name of the substance according to an internationally recognised nomenclature;

  3. the safety data sheet for the substance;

  4. the name and address of the supplier of the substance;

  5. information about the intended use, including the quantities to be used and disposed of per year;

  6. the intended disposal method;

  7. a description of the measures to prevent or reduce emissions of the substance concerned throughout its lifetime;

  8. a description of the research and development activities undertaken to avoid the use of the substance concerned.

7 Reporting requirements

7.1 Reporting requirements for importers and exporters

7.1.1 Principles

1 Any person who imports or exports substances stable in the atmosphere as specified in Number 1 paragraph 1 or preparations as specified in Number 1 paragraph 2 must inform the FOEN each year, by 31 March, of the quantities imported or exported during the previous year.

2 The reports must be classified by substance and intended use.

7.1.2 Exceptions

The reporting requirements specified in Number 7.1.1 paragraph 1 do not apply to:

  1. storage in, or removal to another country from, an open customs warehouse, a warehouse for bulk goods or a duty-free warehouse;

  2. importers and exporters who are party to a sectoral agreement, as defined in Article 41a of the Environmental Protection Act, if this agreement ensures that the FOEN will be duly informed.

7.2 Reporting requirements for appliances and systems containing sulfur hexafluoride

7.2.1 Principle

1 Any person commissioning or decommissioning an appliance or system containing more than 1kg sulfur hexafluoride must inform the FOEN accordingly.

2 The report must contain the following data:

  1. the type and location of the appliance or system;

  2. the quantity of sulfur hexafluoride contained therein;

  3. the date of commissioning or decommissioning;

  4. in the case of decommissioning: the recipient of the sulfur hexafluoride..

7.2.2 Exceptions

1 Parties to a sectoral agreement, as defined in Art. 41a of the Environmental Protection Act, on sulfur hexafluoride are exempt from the reporting requirements specified in Number 7.2.1 paragraph 1 if this agreement ensures that the FOEN will be duly informed.

2 Reporting is not required for:

  1. appliances or systems containing more than 1kg sulfur hexafluoride in hermetically sealed pressure systems in accordance with SN EN 62271-1:200872 if one party to a sectoral agreement assumes responsibility for reporting.

  2. appliances or systems serving the interests of national defence.

7.3 Reporting by the FOEN

The FOEN is responsible for reporting of data in accordance with Article 7 paragraph 3 of the Montreal Protocol.

8 Special labelling

1 The manufacturer may only place on the market containers that contain or will contain substances that are listed in one of Annexes I-III of Regulation (EU) 2024/573 and are stable in the atmosphere if their labelling contains the following information:

  1. the text: «Contains fluorinated greenhouse gases»;

  2. the abbreviated chemical names of the substances contained or to be contained in the containers, using the industrial nomenclature accepted for the area concerned;

  3. the quantity of substances, in kg and tonnes of CO2-equivalents, and the global warming potential of the substances.

1bis The manufacturer of containers that contain or will contain substances mentioned in paragraph 1 in recycled or reclaimed form in terms of Article 3 paragraphs 12 and 13 of Regulation (EU) 2024/573 or in regenerated form in terms of Number 1 paragraph 3 must indicate on the containers:

  1. the form of the substances;

  2. the name and address of the facility in which the substances were recycled, reclaimed or regenerated.

2 The manufacturer of devices or systems containing more than 1 kg of sulphur hexafluoride must indicate this substance on the devices or systems and state the quantity of this substance contained in the devices or systems. For electrical systems and electrical devices containing sulphur hexafluoride as an insulating gas, the labelling requirements according to Annex 2.19 Number 2.3 apply.

9 Obligations in relation to chemical conversion processes

1 Any person who initiates chemical conversion processes in which substances stable in the atmosphere in accordance with Number 1 paragraph 1 may be generated as a by-product shall ensure that no more than 0.5% of the quantity of starting material used is emitted as these substances.

2 Any person who manufactures substances in accordance with Number 1 paragraph 1bis must convert the nitrous oxide generated as a by-product in accordance with the state of the art provided this is technically and operationally feasible and economically viable.

9bis Monitoring the conversion of nitrous oxide from manufacturing processes

1 The FOEN shall monitor compliance with the obligation in accordance with Number 9 paragraph 2.

2 If the monitoring indicates that the obligation is not being complied with, the FOEN shall take the measures required. If necessary, it shall order the discontinuation of the manufacturing process concerned.

10 Transitional provisions

1 If an alternative is available for substances stable in the atmosphere that were authorised for use on the basis of Number 6.2 paragraph 1 letter b-f in conjunction with paragraph 2 due to a change in the state of the art, these substances may continue to be used for the purposes specified in these letters for a period of 12 months.

2 …73

(Art. 3)

Asbestos

1 Definitions

1Asbestos refers to the natural fibrous silicate minerals of:

  1. actinolite (CAS no 77536-66-4);

  2. amosite (CAS no 12172-73-5);

  3. anthophyllite (CAS no 77536-67-5);

  4. chrysotile (CAS no 12001-29-5);

  5. crocidolite (CAS no 12001-28-4);

  6. tremolite (CAS no 77536-68-6).

2Asbestos-containing preparations are preparations in which asbestos is present not merely as an unavoidable impurity.

3Asbestos-containing articles are articles in which asbestos is present not merely as an unavoidable impurity, and appliances and equipment such as vehicles, machines or instruments with asbestos-containing components.

2 Prohibitions

It is prohibited:

  1. to use asbestos;

  2. to place asbestos-containing preparations or articles on the market;

  3. to export asbestos-containing preparations or articles;

  4. to use asbestos-containing preparations or articles.

3 Exceptions

1 On receipt of a justified request and with the agreement of the FOPH, the FOEN may grant exemptions to the prohibitions specified in Number 2 letters a and b if:

  1. according to the state of the art, no substitute for asbestos is available and the quantity of asbestos used is no greater than is required for the intended purpose;

  2. on account of particular design characteristics, only asbestos-containing spare parts can be used; or

  3. on aesthetic grounds, no asbestos-free substitute material is considered suitable for ad hoc repair and restoration work in existing buildings and monuments.

2 On receipt of a justified request and with the agreement of the FOPH, the FOEN may grant exemptions to the prohibition specified in Number 2 letter b for appliances and equipment with asbestos-containing components if they:

  1. were in operation before 1 March 1990; and

  2. only contain small quantities of asbestos, solely in a bound form.

3 …

4 The prohibition specified in Number 2 letter d does not apply to the use of asbestos-containing preparations and articles for a purpose for which placing on the market under paragraph 1 or 2 has been authorised.

4 Special labelling

1 The manufacturer may only place asbestos on the market if the packaging is marked with:

  1. the name of the manufacturer;

  2. a warning about the dangers of asbestos to human health and the environment and reference to protective measures; it must comply with the following specifications:

Head

H = at least 5 cm

B = at least 2.5 cm

h1 = 40% of H

h2 = 60% of H

Field

Head:

«a» in white on black background

Field:

black or white text on red background

2 The manufacturer must also label asbestos-containing preparations and articles with the markings specified in paragraph 1. If the markings are printed directly on the preparation or article, a single colour contrasting clearly with the background is sufficient for the head and field. In this case, the text fields may also be combined under a single head, arranged either horizontally or vertically.

3 In articles with asbestos-containing components, the manufacturer must clearly label these components must be clearly labelled with the markings specified in paragraph 1.

4 If, for important reasons, a preparation or article cannot be marked in accordance with the provisions specified in paragraphs 1–3, the FOEN may, on receipt of a justified request and with the agreement of the FOPH, grant a temporary exemption. It shall require the necessary information to be conveyed to the purchaser in an equivalent form.

5 Duty to provide information

If asbestos-containing preparations or articles have the potential to release fine dust during use, the manufacturer must provide the user with the following information in writing:

  1. a warning that inappropriate use poses a risk of lung disease and an increased risk of cancer; and

  2. recommendations on the necessary protective measures.

6 Transitional provisions

1 The prohibition specified in Number 2 letter d does not apply to uses of asbestos-containing preparations and articles that began before 1 June 2019.

2 Until 30 June 2025, the prohibition specified in Number 2 letter a does not apply to the use of asbestos for the manufacture of diaphragms for existing electrolysis installations.

3 Until 30 June 2025, the prohibitions specified in Number 2 letters b, c and d do not apply to asbestos-containing diaphragms for use in existing electrolysis installations.

(Art. 3)

Mercury

1 Placing on the market

1.1 Prohibitions

1 The placing on the market of the following mercury compounds and of preparations that contain these mercury compounds is prohibited if their mercury content is 0.01 % or more by mass:

  1. phenylmercury acetate (CAS no 62-38-4);

  2. phenylmercury propionate (CAS no 103-27-5);

  3. phenylmercury 2-ethylhexanoate (CAS no 13302-00-6);

  4. phenylmercury octanoate (CAS no 13864-38-5);

  5. phenylmercury neodecanoate (CAS no 26545-49-3);

  6. mercury compounds other than those specified in letters a–e, provided that they are intended for the manufacture of polyurethanes.

2 It is prohibited to place on the market:

  1. clinical thermometers and other measuring instruments that contain mercury (CAS no 7439-97-6) and are intended for the general public;

  2. the following measuring instruments that contain mercury (CAS no 7439-97-6) and are intended for application on a professional or commercial basis:

    1. barometers,

    2. hygrometers,

    3. manometers,

    4. sphygmomanometers,

    5. strain gauges for use in plethysmographs,

    6. tensiometers,

    7. thermometers and other non-electrical thermometric applications,

    8. pycnometers,

    9. instruments for the determination of the softening point;

  3. Switches and relays containing mercury (CAS no 7439-97-6);

  4. the following product types that contain mercury compounds:

    1. plant protection products,

    2. biocidal products as specified in Article 1a of the Biocidal Products Ordinance of 18 May 200574 (OBP),

    3. paints and varnishes,

    4. cosmetic products, provided that they are not based on Article 54 paragraphs 4 and 7 of the Foodstuffs and Utility Articles Ordinance of 16 December 201675 may contain mercury compounds as preservatives in ophthalmic products,

    5. topical antiseptics;

  5. preparations and articles that contain mercury (CAS no 7439-97-6) or mercury compounds, for a use unknown before 1 January 2018.

3 In addition, the placing on the market of articles is prohibited if the articles or their components contain mercury compounds specified in paragraph 1 and the mercury content in the articles or their constituents is 0.01 % or more by mass.

4 For the placing on the market of batteries, packaging and packaging components, vehicles and vehicle materials and components, wood-based materials and electrical and electronic equipment and their spare parts, Annexes 2.15–2.18 apply.

1.2 Exceptions

1 The prohibitions of the placing on the market of mercury compounds specified in Number 1.1 paragraph 1 and of articles specified in Number 1.1 paragraph 3 do not apply for analysis and research purposes.

2 The prohibition on the placing on the market of measuring instruments specified in Number 1.1 paragraph 2 letter a does not apply to instruments that were more than 50 years old on 1 September 2015 and are considered to be antiques or cultural goods.

3 The prohibitions of the placing on the market of measuring instruments specified in Number 1.1 paragraph 2 letter b do not apply to:

  1. sphygmomanometers for use as a reference standard for the validation of mercury-free sphygmomanometers;

  2. thermometers which are exclusively intended to carry out tests based on standards that prescribe the use of mercury thermometers;

  3. triple point cells which are used for the calibration of platinum resistance thermometers;

  4. instruments which were more than 50 years old on 1 September 2015 and are considered to be antiques or cultural goods;

  5. instruments to be exhibited in public exhibitions for cultural and historical purposes.

4 The prohibition on the placing on the market specified in Number 1.1 paragraph 2 letter c does not apply to switches and relays that:

  1. are intended as components or spare parts for equipment that is required to protect Switzerland's essential security interests, including weapons, ammunition and war materiel for military purposes;

  2. are intended as components or spare parts for equipment that Annex 2.18 Number 3 specifies may contain switches and relays containing mercury;

  3. are intended as spare parts for equipment other than that mentioned in letter b that have been or will be placed on the market in accordance with Annex 2.18 number 8 paragraphs 1 and 4;

  4. are intended as spare parts for the articles, equipment, large-scale tools, large-scale installations, means of transport, machinery, photo-voltaic panels and pipe organs listed in Article 2 paragraph 4 letters b to k of Directive 2011/65/EU76.

5 The prohibition on the placing on the market of biocidal products specified in Number 1.1 paragraph 2 letter d Number 2 does not apply for research and development purposes.

6 The prohibition on the placing on the market specified in Number 1.1 paragraph 2 letter e does not apply to:

  1. mercury-containing preparations and articles that are necessary for the protection of the essential interests of the security of Switzerland, including arms, munitions and war material specifically intended for military purposes;

  2. mercury-containing preparations and articles for use in outer space;

  3. mercury-containing preparations for use as auxiliary substances in industrial manufacturing processes, the use of which has been authorised as specified in Number 3.2.1 paragraph 1.

1.3 Exemptions

1.3.1 Principle

On receipt of a justified request, the FOEN may, with the agreement of the Federal Office of Public Health (FOPH), grant temporary exemptions from the prohibition specified in Number 1.1 paragraph 2 letter e.

1.3.2 Exemption requirements

An exemption shall be granted if:

  1. the use of the preparation or article is not possible without mercury for technical reasons or the use of the preparation or article is not financially viable for a medium-sized and economically healthy enterprise of the sector without mercury; and

  2. evidence is provided that there are no significant risks for the environment and human health associated with the use of the mercury-containing preparation or mercury-containing article.

1.3.3 Application

An application must contain at least:

  1. information about the use of the mercury-containing preparation or mercury-containing article and the function that the mercury or mercury compound fulfils;

  2. information on the mercury content by mass or the identity and content of the mercury compound in the preparation or in the article by mass;

  3. information on the estimated annual quantity of the preparation or of the annual total weight of the article to be placed on the market;

  4. an assessment of the risks associated with the use of the preparation or article for human health and the environment, as well as information on the necessary protective measures;

  5. an analysis of whether the requirement specified in Number 1.3.2 letter a is met;

  6. a description of the research and development activities carried out to avoid the use of mercury in the preparation or the article.

1.4 Import

1.4.1 Licence requirement

1 A licence from the FOEN is required by any person who wants to import for professional or commercial purposes:

  1. mercury (CAS no 7439-97-6);

  2. a preparation with a mercury content of 95 % and more by mass;

  3. a mercury compound not specified in Number 1.1 paragraph 1;

  4. an alloy of mercury.

2 In addition, any person who intends to store substances and preparations or any other mercury compounds specified in paragraph 1 in a customs bonded warehouse, in a customs warehouse for bulk goods or in a duty-free warehouse requires an import licence as specified in paragraph 1.

1.4.2 Exceptions

No import licence is required by a person who:

  1. imports mercury (CAS no 7439-97-6) or a preparation with a mercury content of 95 % and more by mass from a country that is a signatory77 to the Minamata Convention on Mercury of 10 October 201378 (Minamata Convention), provided that the substance or preparation is intended for analysis and research purposes;

  2. imports a mercury compound or alloy of mercury if the substance or preparation is intended for analysis and research purposes;

  3. imports a substance or preparation specified in letter a or b for use as a substance in a preparation or article, if the substance, preparation or article is intended for analysis and research purposes.

1.4.3 Licence conditions

An import licence is granted upon request, provided that:

  1. the substance or preparation intended to be imported is supplied for a permitted use as specified in Number 3;

  2. the importer confirms that the substance or preparation intended to be imported is not intended for re-export in a chemically altered or chemically unaltered form;

  3. if the exporting country is not a signatory to the Minamata Convention, the FOEN has a certificate from the exporting country stating that the mercury (CAS no 7439-97-6) intended for export or the preparation intended for export with a mercury content of 95 % and more by mass neither originated from the primary mercury mining nor from the chlorine-alkali industry.

1.4.4 Application

The application must contain at least:

  1. the name and address of the applicant;

  2. the name and address of the foreign importer;

  3. for each substance and each preparation to be imported:

    1. the chemical name in accordance with an internationally recognised nomenclature,

    2. the customs tariff number in accordance with the annexes to the CTA79,

    3. the intended use,

    4. the intended import quantity in kilogrammes,

    5. the confirmation specified in Number 1.4.3 letter b;

  4. a certificate as specified in Number 1.4.3 letter c.

1.4.5 Decision

1 The FOEN decides within 30 days of having received all the necessary documents. It provides the import licence with a number.

2 In each case, an import licence is granted for a period limited to 12 months.

1.4.6 Obligations relating to import and storage

1 The person required to submit a declaration under Article 26 of the Customs Act of 18 March 200580 (CustA) must specify in the customs declaration:

  1. that the importation of mercury (CAS no 7439-97-6), a preparation with a mercury content of 95 % and more by mass, a mercury compound or an alloy of mercury is subject to authorisation in accordance with this Annex;

  2. the number of the import licence.

2 At the request of the customs office, the person required to submit a declaration must submit a copy of the import licence as specified in this Annex.

3 On storage in a customs bonded warehouse, in a customs warehouse for bulk goods or in a duty-free warehouse, the storer or depositor must enter the number of the import licence in an inventory record.

1.4.7 Retention requirement

The owner of the import licence must retain it for five years.

1.5 Reporting requirements

1 Any person who imports mercury (CAS no 7439-97-6), a preparation with a mercury content of 95 % and more by mass, a mercury compound or alloy of mercury and does not require an import licence, in accordance with Number 1.4.2, must report to the FOEN annually by 30 April the quantities imported in the previous year, broken down by substances and preparations.

2 Any person who, for the first time, supplies mercury derived from the domestic treatment of mercury waste or from a mercury compound derived from the domestic treatment of mercury waste, must report to the FOEN annually by 30 April the quantities supplied in the previous year, broken down by substances, and the names and addresses of the recipients.

2 Export

2.1 Prohibitions

The export of measuring instruments, switches and relays is prohibited unless placing them on the market is permitted.

2.2 Export licence

2.2.1 Licence requirement

Any person who wishes to export mercury (CAS No 7439-97-6) or preparations with a mercury content of 95 % or more for professional or commercial purposes or to move the same from a customs bonded warehouse, a customs warehouse for bulk goods or a duty-free warehouse to another country requires an export licence from the FOEN.

2.2.2 Licence conditions

1 An export licence shall be granted on application provided the mercury (CAS No 7439-97-6) or preparations with a mercury content of 95 % or more are intended for analysis and research purposes in the importing country and the FOEN has a certificate from the importing country confirming that the latter authorises the import.

2 If the export is made to a country that is not a signatory81 to the Minamata Convention, an export licence shall only be granted if the FOEN also has a certificate from the importing country confirming that the latter has put measures in place to protect human health and the environment when handling mercury.

2.2.3 Application

An application must contain at least:

  1. the name and address of the applicant;

  2. the name and address of the foreign importers, broken down according to recipient country;

  3. the anticipated export volume in kilogrammes per importer and recipient country;

  4. the anticipated date of the first export for each recipient country;

  5. confirmation that the mercury (CAS No 7439-97-6) or the preparations with a mercury content of 95 % or more are being exported for analysis and research purposes;

  6. certificates in accordance with number 2.2.2 paragraphs 1 and 2.

2.2.4 Decision

1 The FOEN shall decide within 30 days of receiving all the required documents. It shall give the export licence a number.

2 An export licence shall be issued for a maximum of 12 months and in each case terminates at the end of a calendar year.

2.2.5 Obligations relating to export

1 The person required to submit a declaration under Article 26 of the CustA must specify in the customs declaration:

  1. that a licence is required in terms of this Annex for the export of mercury (CAS No 7439-97-6) or a preparation with a mercury content of 95 % or more;

  2. the number of the export licence.

2 At the request of the customs office, the person required to submit a declaration must submit a copy of the import licence as specified in this Annex.

3 On removal from a customs bonded warehouse, a customs warehouse for bulk goods or a duty-free warehouse, the storer or depositor must enter the number of the export licence in an inventory record.

2.2.6 Retention requirement

The exporter must retain the export licence for five years.

3 Use

3.1 Prohibitions

Prohibited is the use of:

  1. mercury (CAS no 7439-97-6), mercury compounds and mercury-containing preparations for the manufacture of:

    1. mercury-containing substances, preparations and articles, provided that they cannot be placed on the market as specified in Number 1.1 paragraphs 1–3 and Numbers 1.2 and 1.3,

    2. batteries that contain more than 5 mg mercury per kg, and their components;

  2. dental amalgam, if priority can be given to a different filling material for medical reasons;

  3. mercury (CAS no 7439-97-6), mercury compounds and mercury-containing preparations as auxiliary substances in industrial manufacturing processes.

3.2 Exemptions

3.2.1 Principle

1 On request, the FOEN, with the agreement of the FOPH, may grant temporary exemptions from the prohibition specified in Number 3.1 letter c if the mercury (CAS no 7439-97-6), the mercury compounds or the mercury-containing preparations are not be used for chlorine-alkali electrolysis or in the manufacture of acetaldehyde, vinyl chloride, sodium- or potassium-methylate or ethylate.

2 An exemption granted on the basis of Number 2.2 paragraph 1 of this Annex in the version of 1 July 201582 is regarded as a temporary exemption granted in accordance with paragraph 1.

3.2.2 Exemption requirements

An exemption shall be granted, provided that:

  1. mercury-free auxiliary substances cannot be used for technical reasons or the use of these auxiliary substances is not financially viable for a medium-sized and economically healthy enterprise of the sector; and

  2. the volume of the mercury emissions into the environment is reduced to a minimum and measures necessary to protect human health and the environment are taken.

3.2.3 Application

An application must contain at least:

  1. the identity of the mercury-containing auxiliary substance and information about the use of the auxiliary substance to be approved;

  2. a mercury mass balance, including information about the fate of the mercury in the environment and in waste;

  3. an assessment of the risks associated with the use of the auxiliary substance for human health and the environment, as well as information on the necessary protective measures;

  4. an analysis of whether the requirement specified in Number 3.2.2 letter a is met;

  5. a description of the research and development activities undertaken to avoid the use of the mercury-containing auxiliary substance.

4 Transitional provisions

4.1 Placing on the market

1 The prohibitions specified in Number 1.1 paragraphs 1 letters a–e and 3 do not apply to mercury compounds or preparations and articles that contain the mercury compounds specified in Number 1.1 paragraph 1 letters a–e, which were first placed on the market before 10 October 2017.

2 The prohibitions specified in Number 1.1 paragraphs 1 letter f and 3 do not apply to mercury compounds or preparations and articles that contain the mercury compounds specified in Number 1.1 paragraph 1 letter f, which were first placed on the market before 1 January 2018.

3 The prohibition specified in Number 1.1 paragraph 2 letter b does not apply to the placing on the market of sphygmomanometers intended for use in epitheiological tests, which had not been completed by 1 September 2015.

4.2 Export

1 In derogation from numbers 2.2.1–2.2.2, the FOEN shall on application authorise the export of mercury (CAS No 7439-97-6) that was imported before 1 January 2018 or extracted in Switzerland from waste containing mercury for the uses and until the dates listed below, provided a certificate approving the import issued by the importing country is submitted:

Use

Date

Manufacture of discharge lamps

31 December 2020

Maintenance of rolling seam welding machines that work with roller heads containing mercury

31 December 2020

Manufacture of dental amalgam capsules

31 December 2027

2 If the export is made to a country that is not a signatory83 to the Minamata Convention, an export licence shall only be granted if the FOEN also has a certificate from the importing country confirming that the latter has put measures in place to protect human health and the environment when handling mercury.

3 An application must contain at least:

  1. the name and address of the applicant;

  2. the name and address of the foreign importer;

  3. the intended use;

  4. the export volume in kilogrammes;

  5. a written declaration from the recipient in which it undertakes to use the mercury (CAS No 7439-97-6) for one of the purposes listed in paragraph 1;

  6. certificates in accordance with paragraphs 1 and 2.

4 Numbers 2.2.4–2.2.6 apply in relation to the decision, export obligations and the retention requirement.

5 DETEC may extend the period allowed in paragraph 1 for the manufacture of dental amalgam capsules. In doing so, it shall take account of the demand for mercury for use in dental amalgam in contracting parties to the Minamata Convention, the measures taken by contracting parties to reduce the release of mercury when using of dental amalgam and progress made in ending the use of dental amalgam in the European Union.

4.3 Use

A request for an exemption based on the previous law under Number 2.2 paragraph 1 will be assessed in accordance with the previous law.

(Art. 3)

Octylphenol, nonylphenol and their ethoxylates

1 Prohibitions

1 It is prohibited to place the following product types on the market if the content of octylphenol (molecular formula C14H22O), nonylphenol (molecular formula C15H24O) or their ethoxylates is 0.1% or more by mass:

  1. laundry detergents as defined in Annex 2.1;

  2. cleaning products as defined in Annex 2.2;

  3. cosmetic products as defined in Art. 35 of the Foodstuffs and Utility Articles Ordinance of 16 December 201684;

  4. textile processing agents;

  5. leather processing agents;

  6. metalworking agents;

  7. additives for the manufacture of pulp and paper;

  8. agricultural teat dips containing these substances as emulsifiers;

  9. biocidal products and plant protection products containing these substances as co-formulants.

2 It is prohibited to use octylphenol, nonylphenol and their ethoxylates for purposes for which the product types specified in paragraph 1 are intended.

3 It is prohibited to place on the market washable textile fibres and semi-finished and finished textile products such as fibres, yarns, fabrics, knitted fabrics, home textiles, accessories or clothing if the content of nonylphenol ethoxylates relative to the textile component is 0.01% or more by mass.

2 Exceptions

The prohibitions specified in Number 1 do not apply to:

  1. spermicides;

  2. textile and leather processing agents if:

    1. processing does not result in the release of octylphenol ethoxylates or nonylphenol ethoxylates into wastewater, or

    2. in installations for special treatment, such as sheepskin degreasing, process water is pretreated to remove the organic fraction completely prior to biological wastewater treatment;

  3. metalworking agents for use in controlled closed systems where the washing liquid is recycled or incinerated;

  4. textile fibres and semi-finished and finished textile products if exceedance of the limit specified in Number 1 paragraph 3 is due to the recycling of textiles and nonylphenol ethoxylates are not added during the manufacturing process.

3 Transitional provisions

1 Octylphenol ethoxylates and nonylphenol ethoxylates contained as co-formulants in biocidal products or plant protection products with a marketing authorisation granted before 1 August 2005 may continue to be placed on the market until the expiry of this authorisation.

2 Octylphenol ethoxylates and nonylphenol ethoxylates may be used as co‑formulants for biocidal products or plant protection products in accordance with paragraph 2.

3 The prohibition specified in Number 1 paragraph 3 does not apply to textile fibres or semi-finished and finished textile products containing nonylphenol ethoxylates which were first placed on the market before 1 June 2022.

(Art. 3)

Flame retardants

1 Organophosphorus compounds

1.1 Definition

Flame-retardant organophosphorus compounds are:

  1. tris(2,3-dibromopropyl) phosphate (CAS no 126-72-7);

  2. tris(aziridinyl)phosphine oxide (CAS no 545-55-1).

1.2 Prohibition

It is prohibited for the manufacturer to place on the market textiles containing substances specified in Number 1.1 which are intended to be worn directly or indirectly next to the skin (clothing, wigs, fancy dress, etc.) or used in room furnishings (bed linen, tablecloths, furniture fabrics, carpets, curtains, etc.).

2 Decabromdiphenyl ether

2.1 Definitions

1 For the purposes of Number 4 letter a No 1 and 3, an aircraft means:

  1. a civil aircraft produced in accordance with a type certificate issued under Regulation (EU) 2018/113985 or with a design approval issued under the national regulations of a contracting state to the Convention on International Civil Aviation of 7 December 194486 of the International Civil Aviation Organization (ICAO), or for which a certificate of airworthiness has been issued by an ICAO contracting state under Annex 8 to the Convention87;

  2. a military aircraft.

2 For the purposes of Number 4 letter a No 2 and 4, a motor vehicle means a category M, N or O vehicle as defined in Annex II Section A number 1 of Directive 2007/46/EC88.

2.2 Prohibitions

1 It is prohibited to manufacture, place on the market or use decabromdiphenyl ether (decaBDE, CAS no 1163-19-5) or any substance or preparation containing decaBDE not merely as an unavoidable impurity.

2 New articles may not be placed on the market if these articles or parts of these articles contain decaBDE not merely as an unavoidable impurity.

3 For electrical and electronic equipment that contains decaBDE, Annex 2.18 applies.

3 Inorganic ammonium salts

3.1 Prohibition

1 Bulk cellulose insulating materials and articles containing cellulose insulating materials may not be placed on the market and used if they contain inorganic ammonium salts unless the emission of ammonia from the insulating materials in a test chamber under the test conditions described in paragraph 2 results in a volume content of less than 3 ppm (2.12 mg/m3).

2 Compliance with the emission limit specified in paragraph 1 shall be demonstrated in accordance with Standard SN EN 16516:201789 by the following measures:

  1. the minimum test duration is 14 days;

  2. the ammonia gas emission is measured at least once a day throughout the test;

  3. the emission limit specified in paragraph 1 is not reached or exceeded in any measurement during the test;

  4. the relative humidity amounts to 90 %;

  5. a suitable method is used to measure the ammonia gas emission;

  6. the loading rate, expressed in thickness and density, of the samples of the cellulose insulating materials to be tested and articles containing such cellulose insulating materials is recorded.

3.2 Exception

Number 3.1 paragraph 1 does not apply to loose cellulose insulating material used in the manufacture of an article for which compliance with the emission limit for ammonia of 3 ppm is demonstrated in accordance with Number 2.1 paragraph 2.

3.3 Special labelling

Any person who places a cellulose insulating material containing inorganic ammonium salts on the market in bulk form must inform the purchaser, on a label or in another equivalent written form, of the maximum permissible loading rate of the insulating material.

3.4 Compliance with the specifications of the person placing the material on the market

Any person using a cellulose insulating material containing inorganic ammonium salts must not exceed the maximum permissible loading rate specified by the person placing the material on the market.

4 Transitional provisions

The prohibitions specified in Number 2.2 paragraphs 1 and 2 do not apply to:

  1. the placing on the market of the following articles containing decaBDE:

    1. aircraft manufactured before 2 March 2027, if the type-approval for the aircraft was granted before 1 December 2022,

    2. motor vehicles manufactured before 1 December 2019,

    3. components for the manufacture of aircraft which may be placed on the market under No 1 and components for the repair and maintenance of such aircraft,

    4. components for the repair and maintenance of motor vehicles which may be placed on the market under No 2 and components intended for the following uses:

      1. drivetrain and equipment under the bonnet

      2. fuel supply systems

      3. pyrotechnic devices and related elements

      4. suspension applications

      5. parts made of reinforced plastics and textiles

      6. equipment under the dashboard

      7. electrical and electronic equipment

      8. interior applications;

  2. the manufacture, placing on the market and use of decaBDE or any substance or preparation containing decaBDE for:

    1. analysis and research purposes,

    2. the manufacture of vehicle components which may be placed on the market under letter a No 3 and 4.

(Art. 3)

Substances classified as carcinogenic, mutagenic or toxic to reproduction

1 Prohibition

1 It is prohibited to supply to the general public substances classified as carcinogenic, mutagenic or toxic to reproduction according to Annex XVII, Appendices 1–6 to Regulation (EC) No 1907/2006 (EU REACH Regulation)90, or substances and preparations containing them, if they have a content by mass exceeding the concentration specified in Annex I No 1.1.2.2 to Regulation (EC) No 1272/200891.

2 The Federal Office of Public Health (FOPH), with the agreement of the Federal Office for the Environment (FOEN) and SECO, shall amend the provisions of paragraph 1 to comply with amendments to Annex XVII, Appendices 1 – 6 of Regulation (EC) No 1907/2006.

3 The use of thermal paper with a content by mass of bisphenol A (CAS No 80-05-7) or bisphenol S (CAS No 80-09-1) of 0.02 per cent or more.

2 Exceptions

1 The prohibition specified in Number 1 paragraph 1 does not apply to:

  1. medicinal products and medical devices;

  2. artists’ paints, subject to Annex 1.17;

  3. motor fuels;

  4. mineral oil products used as heating fuels in mobile or fixed combustion plants, and heating fuels in closed systems;

  5. substances listed in Annex XVII, Appendix 11, Column 1 of Regulation (EC) No 1907/200692, with the applications and any time limits listed in Column 2.

2 The FOPH, with the agreement of the FOEN and SECO, shall amend the provisions of paragraph 1 letter e to comply with amendments to Annex XVII, Appendix 11 of Regulation (EC) No 1907/2006.

3 For carcinogens, mutagens or substances toxic to reproduction in cosmetic products, the Foodstuffs and Utility Articles Ordinance of 16 December 201693 on applies.

3 Special labelling

1 The packaging of substances and preparations subject to the prohibition specified in Number 1 must be marked as follows: “For professional users only”.

2 …

4 Transitional Provision to the Amendment of 5 September 2023

Substances included by Regulation (EU) 2023/113294 in Annex XVII Appendices 1–6 of the EU REACH Regulation, and substances and preparations that contain such substances may continue to be supplied to the general public until 30 November 2023.

(Art. 3)

Dangerous liquid substances

1 Definition

Dangerous liquid substances and preparations are liquid preparations with one of the properties specified in Article 2 paragraph 2 of Directive 1999/45/EC95 or liquid substances and preparations which fulfil the criteria for any of the following hazard classes or categories listed in Annex I to Regulation (EC) No 1272/200896:

  1. hazard classes 2.1 – 2.4, 2.6, 2.7, 2.8 types A and B, 2.9, 2.10, 2.12, 2.13 categories 1 and 2, 2.14 categories 1 and 2, 2.15 types A – F;

  2. hazard classes 3.1 – 3.6, 3.7 owing to adverse effects on sexual function and fertility or on development, 3.8 effects other than narcotic effects, 3.9 and 3.10;

  3. hazard class 4.1;

  4. hazard class 5.1.

2 Prohibitions

1 It is prohibited to place on the market dangerous liquid substances and preparations in:

  1. ornamental articles intended to produce light or colour effects by means of different phases;

  2. tricks and jokes;

  3. games or articles intended to be used as such, even with ornamental aspects.

2 It is prohibited to add colouring agents, unless required for fiscal reasons, or perfumes to dangerous liquid substances and preparations:

  1. which present an aspiration hazard and are labelled with R 65 in accordance with Annex III to Directive 67/548/EEC97 or H304 in accordance with Annex III to Regulation (EC) No 1272/200898; and

  2. which can be used as fuel in decorative lamps (lamp oil) and are intended for supply to the general public.

3 Special labelling

1 The packaging of lamp oils labelled with R 65 or H304 and intended for supply to the general public must be marked as follows: «Keep lamps filled with this liquid out of the reach of children. Just a sip of lamp oil – or even sucking the wick of lamps – may lead to life-threatening lung damage».

2 The packaging of grill lighter fluids labelled with R 65 or H304 and intended for supply to the general public must be marked as follows: «Just a sip of grill lighter may lead to life-threatening lung damage».

4 Special packaging

1 Lamp oils and grill lighter fluids labelled with R 65 or H304 and intended for supply to the general public must be packaged in black opaque containers not exceeding 1 litre.

2 Decorative oil lamps for supply to the general public may only be placed on the market if they comply with the standard SN EN 14059:200299.

(Art. 3)

Benzene and related compounds

1 Benzene

1.1 Prohibitions

1 It is prohibited to place on the market and to use benzene (CAS no 71-43-2).

2 It is also prohibited to place on the market and to use any substances or preparations with a benzene content of 0.1% or more by mass.

1.2 Exceptions

1 The prohibitions specified in Number 1.1 do not apply to the use of benzene or substances and preparations containing benzene:

  1. in closed systems in industrial processes;

  2. for analysis and research purposes.

2 For petrol, the above is without prejudice to the provisions of the Ordinance of 16 December 1985100 on Air Pollution Control.

2 Toluene

It is prohibited to place on the market and to use toluene (CAS no 108-88-3) and preparations with a toluene content of 0.1% or more by mass in adhesives and spray paints intended for supply to the general public.

(Art. 3)

Nitroaromatics, aromatic amines and azo dyes

1 Definition

Blue colourant means the azo dye with the components:

  1. disodium-(6-(4-anisidino)-3-sulfonato-2-(3,5-dinitro-2-oxidophenylazo)-1-naphtholato)(1-(5-chloro-2-oxidophenylazo)-2-naphtholato)chromate(1-) (molecular formula: C39H23ClCrN7O12S.2Na; CAS no 118685-33-9); and

  2. trisodium bis(6-(4-anisidino)-3-sulfonato-2-(3,5-dinitro-2-oxidophenylazo)-1-naphtholato)chromate(1-) (molecular formula: C46H30CrN10O20S2.3Na).

2 Prohibitions

1 It is prohibited to place on the market and to use the following substances:

  1. 2-naphthylamine (CAS no 91-59-8) and its salts;

  2. 4-biphenylamine (CAS no 92-67-1) and its salts;

  3. benzidine (CAS no 92-87-5) and its salts;

  4. 4-nitrobiphenyl (CAS no 92-93-3).

2 It is also prohibited to place on the market and to use any substances or preparations containing 0.1% or more by mass of the substances specified in paragraph 1.

3 It is prohibited to place on the market and to use blue colourant or any substances or preparations with a blue colourant content of 0.1% or more by mass for dyeing textiles or leather goods.

3 Exceptions

1 The prohibitions specified in Number 2 paragraphs 1 and 2 do not apply to placing on the market and use for analysis and research purposes.

2 For azo dyes which are used in textiles and leather goods and may release substances specified in Number 2 paragraph 1 or other aromatic amines, Article 64 paragraph 2 of the Foodstuffs and Utility Articles Ordinance of 16 December 2016101 applies.

4 Transitional provision

The prohibitions specified in Number 2 paragraph 3 come into force on 1 August 2006.

(Art. 3)

Organotin compounds

1 Di-substituted organotin compounds

1.1 Definitions

1Preparations containing dibutyltin compounds or dioctyltin compounds are preparations which contain dibutyltin compounds or dioctyltin compounds and have a tin content of 0.1% or more by mass.

2Articles containing dibutyltin compounds or dioctyltin compounds are articles which contain dibutyltin compounds or dioctyltin compounds and where the tin content in the article, or part thereof, is 0.1% or more by mass.

1.2 Prohibitions

It is prohibited to place on the market:

  1. preparations and articles which contain dibutyltin compounds and are intended for supply to the general public;

  2. preparations and articles which contain dioctyltin compounds and are intended for supply to the general public for the following applications:

    1. two-component room temperature vulcanisation moulding kits (RTV-2 moulding kits),

    2. wall and floor coverings.

1.3 Relationship to the Foodstuffs and Utility Articles Ordinance of 16 December 2016102

For textiles, leather products and other articles intended to come into contact with the skin which contain dioctyltin compounds, and for articles which contain dibutyltin compounds and are intended, in connection with food production, use or packaging, to come into contact with food, the Foodstuffs and Utility Articles Ordinance applies.

2 Tri-substituted organotin compounds

2.1 Definitions

1Preservatives refers to:

  1. biocidal products used to protect service water from contamination with harmful organisms in the industrial, commercial or municipal sector;

  2. biocidal products of product type 6 (in-can preservatives) as defined in Annex 10 to the OBP103;

  3. biocidal products of product type 7 (film preservatives) as defined in Annex 10 to the OBP.

2Antifouling products are biocidal products of product type 21 as defined in Annex 10 to the OBP.

3Articles containing tri-substituted organotin compounds are articles which contain tri-substituted organotin compounds and where the tin content in the article, or part thereof, is 0.1% or more by mass.

2.2 Prohibitions

It is prohibited:

  1. to place on the market or use, in paints or varnishes or for service water, preservatives containing trialkyl or triaryl tin compounds;

  2. to place on the market or use antifouling products containing trialkyl or triaryl tin compounds;

  3. to manufacture or place on the market articles containing tri-substituted organotin compounds.

2.3 Exceptions

1 The prohibitions specified in Number 2.2 letters a and b do not apply for research and development purposes.

2 The prohibitions specified in Number 2.2 letter a do not apply to paints and varnishes in which trialkyl or triaryl tin compounds are chemically bound.

3 Di-µ-oxo-di-n-butylstanniohydroxyborane (DBB)

3.1 Prohibitions

1 It is prohibited to place on the market and to use dibutyltin hydrogen borate (di-µ-oxo-di-n-butylstanniohydroxyborane, DBB, CAS no 75113-37-0).

2 It is also prohibited to place on the market and to use any substances or preparations with a DBB content of 0.1% or more by mass.

3.2 Exceptions

The prohibitions specified in Number 3.1 do not apply:

  1. to placing on the market and use for analysis and research purposes;

  2. if a conversion process produces finished products with a DBB content of less than 0.1% by mass.

4 Transitional provisions

1 The prohibition specified in Number 1.2 letter a does not apply to articles containing dibutyltin compounds which were first placed on the market before 1 June 2013.

2 The following preparations and articles containing dibutyl tin compounds may continue to be placed on the market until 1 January 2015:

  1. one- and two-component room temperature vulcanisation sealants (RTV-1 and RTV-2 sealants);

  2. adhesives;

  3. paints and coatings containing dibutyl tin compounds as catalysts when applied on articles;

  4. soft polyvinyl chloride (PVC) profiles whether by themselves or coextruded with hard PVC;

  5. fabrics coated with PVC containing dibutyl tin compounds as stabilisers when intended for outdoor applications;

  6. outdoor rainwater pipes, gutters and fittings, as well as covering material for roofing and façades.

3 The prohibition specified in Number 1.2 letter b does not apply to RTV-2 moulding kits or wall and floor coverings containing dioctyl tin compounds which were first placed on the market before 1 June 2013.

4 The prohibition on placing on the market specified in Number 2.2 letter c does not apply to articles containing tri-substituted organotin compounds which were first placed on the market before 1 June 2013.

(Art. 3)

Tars

1 Definitions

1 The following preparations are deemed to be tar-containing if, on account of the concentration of tar constituents, they exceed the following limits specified for polycyclic aromatic hydrocarbons (PAHs):

Preparations

Limit104

Binders used in surfacings, such as foundation, base, binder and surface courses

100mg/kg

Preparations for surface dressing of paved surfaces

100mg/kg

Joint sealants for paved surfaces

100mg/kg

Paints and varnishes

100mg/kg

2Tar-containing clay pigeons are articles used as aerial targets in shooting which contain more than 30 mg PAHs per kilogram105.

2 Prohibitions

It is prohibited:

  1. to place on the market tar-containing preparations for surface dressing of paved surfaces;

  2. to place on the market tar-containing joint sealants for paved surfaces;

  3. to manufacture surfacings, such as foundation, base, binder and surface courses, using tar-containing binders;

  4. to place on the market tar-containing clay pigeons;

  5. to place on the market tar-containing paints and varnishes.

3 Exceptions

1 The prohibitions specified in Number 2 are not applicable in cases where authorisations have been granted by the European Commission in accordance with Article 60 paragraph 1 of Regulation (EC) No 1907/2006106.

2 On receipt of a justified request, the FOEN may, with the agreement of the FOPH and SECO, grant further (possibly temporary) exemptions from the prohibitions specified in Number 2 letters a–c and e, if:

  1. in the current state of technology, no substitutes for tar-containing preparations are available;

  2. the quantity of tar-containing preparations used is no greater than is essential for the intended purpose; and

  3. risks to human health and the environment are adequately limited.

(Art. 3)

Per- and polyfluoroalkyl substances

1 Perfluorooctane sulfonic acid and its derivatives

1.1 Definitions

Perfluorooctane sulfonic acid and its derivatives (PFOS) are substances with the molecular formula C8F17SO2X, where X = OH, metal salt [O−M+], halide, amide, and other derivatives including polymers.

1.2 Prohibitions

1 It is prohibited to manufacture, place on the market or use PFOS, or any substance or preparation containing PFOS in a concentration equal to or greater than 0.001% by mass.

2 It is prohibited to place on the market new articles, or parts thereof with the following values:

  1. a concentration of PFOS equal to or greater than 0.1% by mass calculated with reference to the mass of structurally or microstructurally distinct parts that contain PFOS; or

  2. for textiles or other coated materials: an amount of PFOS equal to or greater than 1 µg/m2 of the coated material.

1.3 Exceptions

The prohibitions specified in Number 1.2 do not apply to manufacture, placing on the market or use for analysis and research purposes.

2 Perfluorohexane sulfonic acid and its precursor compounds

2.1 Definitions

Precursor compounds of perfluorohexane sulfonic acid in the form of their linear or branched isomers and their salts (PFHxS) are substances including polymers with a linear or branched perfluorohexyl group with the formula C6F13 in direct combination with a sulfur atom as structural element that degrade to PFHxS.

2.2 Prohibitions

1 The manufacture, placing on the market and use of the following are prohibited:

  1. PFHxS and its precursor compounds;

  2. Substances and preparations that exceed the following values:

    1. a content of PFHxS of 0.0000025 per cent (25 ppb), or

    2. a content of the sum of PFHxS precursor compounds of 0.0001 per cent (1000 ppb).

2 The placing on the market of articles or parts thereof is prohibited if they exceed the following values:

  1. a concentration by mass of PFHxS of 0.0000025 per cent (25 ppb); or

  2. a concentration by mass of the sum of PFHxS precursor compounds of 0.0001 per cent (1000 ppb).

2.3 Exceptions

The prohibitions specified in Number 2.2 do not apply to manufacture, placing on the market and use for analysis and research purposes.

3 Perfluorooctanoic acid, longer-chain perfluorocarboxylic acids and their precursor compounds

3.1 Definitions

1 Precursor compounds of perfluorooctanoic acid in the form of their linear or branched isomers and their salts (PFOA) are substances including polymers, with a linear or branched perfluoroheptyl group with the formula C7F15 in direct combination with an additional carbon atom as a structural element that degrade to PFOA.

2 Paragraph 1 does not apply to:

  1. substances with the molecular formula C8F17X, where X = F, Cl or Br;

  2. fluoropolymers with the structural element CF3[CF2]n-R with n > 16, where R = any group;

  3. perfluorocarboxylic acids and perfluorophosphonic acids, including their derivatives, such as salts, esters, halides or anhydrides, with eight or more perfluorinated carbon atoms;

  4. perfluorooctane sulfonic acid and its derivatives (PFOS) in accordance with Number 1.1;

  5. perfluorosulfonic acids, including their derivatives, such as salts, esters, halides or anhydrides, with nine or more perfluorinated carbon atoms.

3 Precursor compounds of perfluorononanoic, perfluorodecanoic, perfluorundecanoic, perfluorododecanoic, perfluorotridecanoic and perfluorotetradecanoic acid in the form of their linear and branched isomers and salts (C9–C14-PFCA) are substances, including polymers, with a linear or branched perfluoroalkyl group with the formula CnF2n+1 with n = 8 – 13 in direct combination with an additional carbon atom as a structural element that degrade to C9–C14-PFCA.

4 Paragraph 3 does not apply to:

  1. substances with the molecular formula CnF2n+1X with n = 9 – 14, where X = F, Cl or Br;

  2. perfluorocarboxylic acids, including their derivatives such as salts, esters, halides or anhydrides with 14 or more perfluorinated carbon atoms.

3.2 Prohibitions

1 The manufacture, placing on the market and use of the following are prohibited:

  1. PFOA, C9–C14-PFCAs and their precursor compounds;

  2. substances and preparations, if they exceed the following values:

    1. a concentration by mass of PFOA or of the sum of C9–C14-PFCA of 0.0000025 per cent (25 ppb),

    2. a concentration by mass of the sum of PFOA precursor compounds of 0.0001 per cent (1000 ppb), or

    3. a concentration by mass of the sum of C9–C14-PFCA precursor compounds of 0.000026 per cent (260 ppb).

2 It is prohibited to place articles or parts thereof on the market if they exceed the following values:

  1. a content of PFOA or of the sum of C9–C14-PFCA of 0.0000025 per cent (25 ppb);

  2. a content of the sum of PFOA precursor compounds of 0.0001 per cent (1000 ppb); or

  3. a concentration by mass of the sum of C9–C14-PFCA precursor compounds of 0.000026 per cent (260 ppb).

3.3 Exceptions

1 The prohibitions in Number 3.2 paragraph 1 do not apply to:

  1. the manufacture and use of a fluorine-substituted substance with a carbon chain containing no more than six atoms if:

    1. it contains PFOA, C9–C14-PFCAs or their precursor compounds as unavoidable by-products,

    2. it is used as an intermediate,

    3. when using this substance, emissions of PFOA, C9–C14-PFCAs or their precursor compounds are avoided according to the state of the art or, if this is not possible, are reduced to a minimum;

  2. the placing on the market of a fluorine-substituted substance that may be manufactured and used in accordance with letter a for use as an intermediate;

  3. the use of a PFOA precursor compound isolated in the manufacturing process of a fluorine-substituted substance according to letter a for conversion into a non-precursor compound, if in the process emissions of the PFOA precursor compound are avoided according to the state of the art or, if this is not possible, are reduced to a minimum;

  4. the placing on the market of a PFOA precursor compound that may be used in accordance with letter c, for conversion into a non-precursor compound.

  5. the manufacture, placing on the market and use of fluoropolymers containing perfluoroalkoxy groups provided their concentration by mass of the sum of C9–C14-PFCAs does not exceed 0.00001 per cent (100 ppb).

2 The prohibitions in accordance with Number 3.2 paragraphs 1 and 2 do not apply to non-invasive and non-implantable medical devices and their components, together with the substances and preparations required for their manufacture, provided the components of these medical devices do not exceed the following values:

  1. a concentration by mass of PFOA and of the sum of PFOA precursor compounds of 0.0002 per cent (2000 ppb); or

  2. a concentration by mass of the sum of C9–C14-PFCAs and of the sum of C9–C14-PFCA precursor compounds of 0.0002 per cent (2000 ppb).

3 The prohibitions in accordance with Number 3.2 paragraphs 1 and 2 do not apply for analysis and research purposes.

4 Perfluorohexanoic acid and its precursor compounds

4.1 Definitions

1 The precursor compounds of perfluorohexanoic acid in the form of its linear or branched isomers and its salts (PFHxA) are as follows:

  1. substances including polymers with a linear or branched perfluoropentyl group with the formula C5F11 in direct connection with a further carbon atom as a structural element, which are degraded to PFHxA;

  2. substances with a linear or branched perfluorohexyl group with the formula C6F13 as a structural element, which are degraded to PFHxA.

2 Paragraph 1 does not apply to:

  1. substances with the molecular formula C6F14;

  2. perfluoroheptanoic acid (CAS No. 375-85-9), its salts and its derivatives with the structural element C6F13(CO)OX, where X is: any group;

  3. perfluorohexane sulfonic acid and its derivatives (PFHxS) in accordance with Number 2.1;

  4. any substance having a perfluoroalkyl group with the structural element C6F13 bonded directly to an oxygen atom on a non-terminal carbon atom;

  5. other substances with the structural element C6F13(CF2)X, where X is: any group.

3 Textile, leather, fur, skin and footwear products intended for the general public are products consisting wholly or partly of these goods which are used directly by the general public or are used for furnishing and lining in areas frequented by the general public, such as means of transport, offices or other public places.

4.2 Prohibitions

1 It is prohibited to manufacture or place on the market:

  1. cosmetic products in accordance with Article 53 of the Foodstuffs and Utility Articles Ordinance of 16 December 2016107 (FUAO) if their content by mass of PFHxA exceeds 0.0000025 per cent (25 ppb) or their content by mass of the sum of PFHxA precursor compounds exceeds 0.0001 per cent (1000 ppb);

  2. articles made of paper or cardboard in accordance with Article 48 of the FUAO, if their content by mass of PFHxA exceeds 0.0000025 per cent (25 ppb) or their content by mass of the sum of PFHxA precursor compounds exceeds 0.0001 per cent (1000 ppb) in the homogeneous material.

2 It is prohibited to place on the market textile, leather, fur, skin and footwear articles intended for the general public if the content by mass of PFHxA in the article exceeds 0.0000025 per cent (25 ppb) or the content by mass of the sum of PFHxA precursor compounds in the article exceeds 0.0001 per cent (1000 ppb) in the homogeneous material.

3 It is prohibited to supply preparations to the general public if their content by mass of PFHxA exceeds 0.0000025 per cent (25 ppb) or their content by mass of the sum of PFHxA precursor compounds exceeds 0.0001 per cent (1000 ppb).

4.3 Exceptions

1 The prohibition specified in Number 4.2 paragraph 2 does not apply to the placing on the market of:

  1. personal protective equipment intended to protect consumers against risks of category III letters a, c-f, h and l in accordance with Annex I of Regulation (EU) 2016/425108;

  2. construction textiles.

2 The prohibition specified in Number 4.2 paragraph 3 does not apply to the supply of medical devices in accordance with Article 4 paragraph 1 letter b of the Therapeutic Products Act of 15 December 2000109 (TPA).

5 Fluoroalkylsilanols and their derivatives

5.1 Definitions

1 Fluoroalkylsilanols and their derivatives are substances with the structural element C6F13(C2H4)Si(OH)n(OX)3–n with 0 ≤ n ≤ 3, where X means any alkyl group.

2 Spray dispensers are aerosol dispensers, pump sprays and atomisers.

5.2 Prohibitions

1 It is prohibited to supply to the general public organic solvents containing preparations in spray dispensers containing fluoroalkylsilanols or their derivatives in a concentration equal to or greater than 0.0000002 % (2 ppb) by mass.

2 The prohibition in paragraph 1 also applies to preparations intended to refill spray dispensers.

5.3 Special labelling

Packaging for preparations subject to the prohibitions in Number 5.2 must be marked as follows: “For professional users only” and “May cause death if inhaled”.

6 Transitional provisions

1 The prohibitions in accordance with Number 1.2 paragraph 1 do not apply before 1 April 2024 to the use of PFOS-containing agents for spray suppression for non-decorative hard chrome plating (chromium VI) in closed loop systems and the substances and preparations required for their manufacture, if the amount of PFOS emissions into the environment is reduced to a minimum during the manufacture of the agents and during their use.

2 The prohibitions in accordance with Number 2.2 do not apply to:

  1. PFOS-containing agents for spray suppression that may be manufactured, placed on the market and used, die in accordance with paragraph 1, if they contain PFHxS or PFHxS precursor compounds but only as unavoidable impurities;

  2. the use of fire-fighting foams that were placed on the market before 1 October 2022, if they contain PFHxS or PFHxS-precursor compounds but only as unavoidable impurities;

  3. the placing on the market of PFHxS or PFHxS-precursor compounds containing articles that were placed on the market for the first time before 1 October 2022.

3 The prohibitions in accordance with Number 3.2 do not apply to:

  1. the following medical devices and their components containing PFOA, C9–C14-PFCAs or their precursor compounds, and to substances and preparations that are required for their manufacture:

    1. non-implantable medical devices that were placed on the market for the first time before 1 October 2022,

    2. invasive and implantable medical devices that were placed on the market for the first time before 4 July 2025;

  2. the following articles and their components containing PFOA, C9–C14-PFCAs or their precursor compounds that were placed on the market before the date specified, and to substances and preparations required to manufacture these articles:

Product

Date

Oil and water repellent occupational safety textiles for handling liquids that are hazardous to health

4 July 2023

High-performance, corrosion-resistant gas filter membranes, water filter membranes and medical textile membranes based on polytetrafluoroethylene (PTFE) or polyvinylidene fluoride (PVDF)

4 July 2023

Industrial heat exchangers and sealing compounds based on PTFE or PVDF that prevent the escape of volatile organic compounds or suspended particulates (PM2.5)

4 July 2023

Photographic coatings on films

4 July 2025

  1. the following C9–C14-PFCAs or their precursor compounds containing articles and their components and to substances and preparations that are required for their manufacture:

    1. semi-conductors that intended for installation in electrical and electronic equipment, and equipment containing such semi-conductors: until 31 December 2023,

    2. semi-conductors: until 31 December 2030, provided they are intended as spare parts for electrical and electronic equipment that were placed on the market for the first time on or before 31 December 2023;

  2. any other articles and their components that:

    1. contain PFOA or their precursor compounds and that were placed on the market for the first time before 1 June 2021, with the exception of equipment for the production of semi-conductors, printed matter containing latex inks and articles containing plasma nanocoatings that were placed on the market for the first time on or before 1 October 2022,

    2. contain C9–C14-PFCAs or their precursor compounds and were placed on the market for the first time before 1 October 2022.

4 The prohibitions in accordance with Number 3.2 paragraph 1 do not apply to:

  1. the manufacture, placing on the market and use of preparations for photolithographic or etching processes in semiconductor manufacture containing PFOA, C9–C14-PFCAs or their precursor compounds: until 4 July 2025;

  2. the placing on the market and use of perfluorooctyl bromide for the manufacture of medicinal products containing perfluorooctyl iodide: until 31 December 2036;

  3. the placing on the market and use of fluoropolymers for coating MDI containers containing C9–C14-PFCAs or their precursor compounds: until 25. August 2028;

  4. the use of fire-fighting foams that:

    1. were placed on the market for the first time before 1 June 2021 where they contain PFOA or PFOA-precursor compounds but only as unavoidable impurities,

    2. were placed on the market for the first time before 1 October 2022, where they contain C9–C14-PFCAs or C9–C14-PFCA precursor compounds but only as unavoidable impurities.

5 In derogation from the prohibition in accordance with Number 3.2 paragraph 1, fire-fighting foams that were placed on the market for the first time before 1 June 2021 and in accordance with the intended purpose contain PFOA precursor compounds as components, and fire-fighting foams that were placed on the market for the first time before 1 October 2022 and in accordance with the intended purpose contain precursor compounds of C9–C14-PFCAs as components may be used as follows:

  1. by fire services and military units to fight serious fires: until 1. April 2023;

  2. in installations for the protection of systems, including the use for the necessary functional checks of these installations, provided the fire-fighting foams used during the checks are collected and disposed of in an environmentally friendly manner.

6 Fluoropolymers containing perfluoroalkoxy groups in accordance with Number 3.3 paragraph 1 letter e may be manufactured, placed on the market and used until 25 August 2024, provided their concentration of the sum of C9–C14-PFCAs does not exceed 0.0002 per cent (2000 ppb) by mass.

7 The prohibitions specified in Number 4.2 paragraph 1 do not apply to the manufacture and placing on the market of the cosmetic products and materials and articles concerned until 31 October 2026.

8 The prohibition specified in Number 4.2 paragraph 2 does not apply to the placing on the market of textile, leather, fur, skin and footwear products intended for the general public that:

  1. serve clothing purposes and were first placed on the market before 1 November 2026;

  2. serve all other purposes and were first placed on the market before 1 November 2027.

9 The prohibition specified in Number 4.2 paragraph 3 does not apply to the supply of preparations until 31 October 2026.

(Art. 3)

Substances listed in Annex XIV to Regulation (EC) No 1907/2006110

1 Prohibitions

It is prohibited to place on the market for use the substances listed in Number 5 or preparations containing such substances, or to use them on a professional or commercial basis, subject to the exceptions specified in Number 2 and in the list under Number 5.

2 Exceptions

1 The prohibitions specified in Number 1 do not apply to use:

  1. as an intermediate as defined in Article 2 paragraph 2 letter j of the Chemicals Ordinance of 5 June 2015111 (ChemO);

  2. in medicinal products;

  3. in foodstuffs or feedingstuffs;

  4. in plant protection products;

  5. in biocidal products;

  6. as a motor fuel;

  7. in mineral oil products used as fuels in mobile or fixed combustion plants, and fuels in closed systems;

  8. in cosmetic products, provided that the substance has been included in the list under Number 5 solely on the basis of the intrinsic properties «carcinogenic», «mutagenic», «toxic to reproduction» or «other serious effects to human health»;

  9. in food contact materials and articles, provided that the substance has been included in the list under Number 5 solely on the basis of the intrinsic properties «carcinogenic», «mutagenic», «toxic to reproduction» or «other serious effects to human health»;

  10. in scientific research and development;

  11. of substances present in preparations below a concentration limit of 0.1 % by mass included in the list under Number 5 on the basis of Article 57 letters d, e or f of Regulation (EC) No 1907/2006112;

  12. of substances present in preparations below the lowest of the concentration limits specified in Annex I number 1.1.2.2 of Regulation (EC) No 1272/2008113 which result in the classification of the mixture as dangerous, and not included in the list under Number 5 on the basis of Article 57 letters d, e or f of Regulation (EC) No 1907/2006;

  13. to maintain the Swiss Air Force’s aviation systems;

  14. to manufacture chemicals, medicinal products or medical devices in a closed system, provided the manufacturer proves that for a period of 10 years from the expiry of the transitional period for the substance listed in Number 5 paragraph 1:

    1. there is no emission into the environment, and

    2. human beings are not exposed to the product manufactured.

2 In addition, a prohibition specified in Number 1 does not apply:

  1. in cases where authorisations have been granted by the European Commission in accordance with Article 60 paragraph 1 of Regulation (EC) No 1907/2006 and the substance is placed on the market and used in accordance with the EU authorisation; or

  2. to those uses of the substance in question for which an application for authorisation has been made, within the deadline set, in accordance with Article 62 of Regulation (EC) No 1907/2006, on which a decision has not yet been taken.

3 If so requested by the Notification Authority as specified in Article 77 ChemO, the importer must furnish the authorisation dossier submitted to the European Chemicals Agency, provided that it can be obtained without unreasonable effort.

4 On receipt of a justified request, the Notification Authority may, with the agreement of the Federal Office for the Environment (FOEN), the Federal Office of Public Health (FOPH) and the State Secretariat for Economic Affairs (SECO), grant further, temporary exemptions from the prohibitions specified in Number 1, with the assignment of a number (approval number), if:

  1. the applicant provides the information specified in Article 62 paragraphs 4–6 of Regulation (EC) No 1907/2006, with the socioeconomic analysis being tailored to the situation in Switzerland; and

  2. the requirements for the granting of an authorisation in accordance with Article 60 paragraphs 2–10 of Regulation (EC) No 1907/2006 are fulfilled mutatis mutandis.

4bis The Notification Authority may, with the agreement with the assessment authorities of the FOEN, FOPH and SECO, avoid the presentation of certain information as specified in Paragraph 4 if appropriate.

5 Requests in accordance with paragraph 4 must be submitted no later than 18 months before the expiry of the transitional period specified in Number 5 paragraph 1. The Notification Authority shall grant an appropriate extension if, no later than 18 months before the expiry of the transitional period, it is credibly demonstrated that the necessary documentation cannot be furnished within the specified period.

6 For uses for which the European Commission has refused to grant authorisation under Article 60 paragraph 1 of Regulation (EC) No 1907/2006, a request in accordance with paragraph 4 may be submitted within 3 months after the refusal. In addition to the documentation specified in paragraph 4 letter a, the following items must be enclosed with such a request:

  1. the application for authorisation originally submitted to the European Commission;

  2. the refusal issued by the European Commission.

7 Pending a decision on a request in accordance with paragraph 4, notwithstanding Number 1, the requested uses of the substance in question, and of preparations containing this substance, are permitted.

8 The Notification Authority shall, with due regard to Article 73 ChemO, publish on its website information on the requested uses of the substances concerned and specify a period within which information on alternative substances or technologies may be submitted by interested third parties.

9 It shall maintain, in electronic form, a publicly accessible register of the exemptions granted under paragraph 4. The register shall include the following details:

  1. name, or company name, of the holder of the approval;

  2. approval number;

  3. name of the substance in accordance with Number 5, paragraph 1, «Substance» column;

  4. trade name of the substance or preparation;

  5. approved use;

  6. term of and conditions attached to the approval.

3 Reporting requirements

1 Any person who obtains from a manufacturer or trader and uses on a professional or commercial basis a substance listed in Number 5 paragraph 1, or a preparation containing such a substance, must provide the Notification Authority, within three months after the first delivery, with details of the use and the approval number or EU authorisation number of the substance concerned.

1bis Any person who uses a chromium(VI) compound listed in Number 5 paragraph 1 entry numbers 16–18 for hard, decorative or black chrome plating in a process in whose end product chromium is not in hexavalent form must provide the Notification Authority with the following information each year, by 31 March, in respect of the previous calendar year:

  1. the user's name and address;

  2. the name and CAS number of the chromium(VI) compound or the name of the preparation containing the chromium(VI) compound and the content of the chromium(VI) compound by mass;

  3. the quantity of the chromium(VI) compound or preparation used in the previous calendar year;

  4. the location of the use;

  5. details of the process in which the chromium(VI) compound is used.

1ter Any person who uses a substance listed in Number 5 paragraph 1 substance or a preparation containing such as substance in a manufacturing process in accordance with Number 2 paragraph 1 letter n must, on making further use or use for the first time of the substance concerned, provide the Notification Authority within three months of the expiry of the transitional period for the substance with:

  1. notification of the following information:

    1. the user’s name and address,

    2. the location of the use,

    3. the name and CAS number of the substance or the name of the preparation containing the substance and its content of the substance by mass,

    4. the use intended for the manufactured product,

    5. the use for which the substance is intended and information on the fate of the substance in the manufacturing process;

  2. proof in accordance with Number 2 paragraph 1 letter n that the use of the substance did not result in any emission into the environment or exposure of human beings to the substance.

2 The Notification Authority shall establish and keep up to date a register of reports made in accordance with paragraphs 1 and 1bis.

4 Manufacturing process in a closed system

1 The Notification Authority shall in consultation with the FOEN, the FOPH and SECO assess and establish within six months of receipt of notification under Number 3 paragraph 1ter whether the use of the substances in a manufacturing process in a closed system meets the requirements of Number 2 paragraph 1 letter n.

2 If the requirements are not met, a full request in accordance with Number 2 paragraph 4 must be submitted within six months, failing which the Notification Authority shall order the discontinuation of the manufacturing process.

5 List of substances specified in Number 1 and transitional provisions

1 Number 1 applies to the substances listed below, with the conditions stipulated in the columns «Transitional period», «Exempted (categories of) uses» and «Review periods».

Entry no

Substance

Intrinsic properties underlying the prohibition

Transitional period

Exempted (categories of) uses

Review periods

1.

5-tert-Butyl-2,4,6-trinitro-m-xylene (musk xylene)

EC no: 201-329-4

CAS no: 81-15-2

vPvB

21 August 2014

-

-

2.

4,4'-methylenedianiline (MDA)

EC no: 202-974-4

CAS no: 101-77-9

Carcinogenic (category 1B)

21 August 2014

-

-

3.

…

…

…

-

-

4.

di-(2-ethylhexyl) phthalate (DEHP)

EC no: 204-211-0

CAS no: 117-81-7

Toxic for reproduction (category 1B)

Endocrine-disrupting properties

21 February 2015

5.

Benzyl butyl phthalate (BBP)

EC no: 201-622-7

CAS no: 85-68-7

Toxic for reproduction (category 1B)

Endocrine-disrupting properties

21 February 2015

6.

Dibutyl phthalate (DBP)

EC no: 201-557-4

CAS no: 84-74-2

Toxic for reproduction (category 1B)

Endocrine-disrupting properties

21 February 2015

7.

Diisobutyl phthalate (DIBP)

EC no: 201-553-2

CAS no: 84-69-5

Toxic for reproduction (category 1B)

Endocrine-disrupting properties

21 February 2015

-

-

8.

Diarsenic trioxide

EC no: 215-481-4

CAS no: 1327-53-3

Carcinogenic (category 1A)

21 May 2015

-

-

9.

Diarsenic pentaoxide

EC no: 215-116-9

CAS no: 1303-28-2

Carcinogenic (category 1A)

21 May 2015

-

-

10.

Lead chromate

EC no: 231-846-0

CAS no: 7758-97-6

Carcinogenic (category 1B)

Toxic for reproduction (category 1A)

21 May 2015

-

-

11.

Lead sulfochromate yellow (C.I. Pigment Yellow 34)

EC no: 215-693-7

CAS no: 1344-37-2

Carcinogenic (category 1B)

Toxic for reproduction (category 1A)

21 May 2015

-

-

12.

Lead chromate molybdate sulfate red (C.I. Pigment Red 104)

EC no: 235-759-9

CAS no: 12656-85-8

Carcinogenic (category 1B)

Toxic for reproduction (category 1A)

21 May 2015

13.

Tris(2-chloroethyl) phosphate (TCEP)

EC no: 204-118-5

CAS no: 115-96-8

Toxic for reproduction (category 1B)

21 August 2015

14.

2,4-Dinitrotoluene (2,4-DNT)

EC no: 204-450-0

CAS no: 121-14-2

Carcinogenic (category 1B)

21 August 2015

15.

Trichlorethylene

EC no: 201-167-4

CAS no: 79-01-6

Carcinogenic (category 1B)

1 December 2019

–

–

16.

Chromium trioxide

EC no: 215-607-8

CAS no: 1333-82-0

Carcinogenic (category 1A) Mutagenic category 1B)

1 June 2021

Hard, decorative and black chrome plating

–

17.

Acids formed from chromium trioxide, and their oligomers

Group with:

Chromic acid

EC no: 231-801-5

CAS no: 7738-94-5

Dichromic acid

EC no: 236-881-5

CAS no: 13530-68-2

Oligomers of chromic acid and dichromic acid

EC no: not yet assigned

CAS no: not yet assigned

Carcinogenic (category 1B)

1 June 2021

Hard, decorative and black chrome plating

–

18.

Sodium dichromate

EC no: 234-190-3

CAS no: 7789-12-0 10588-01-9

Carcinogenic (category 1B) Mutagenic (category 1B) Toxic for reproduction (category 1B)

1 June 2021

Hard, decorative and black chrome plating

–

19.

Potassium dichromate

EC no: 231-906-6

CAS no: 7778-50-9

Carcinogenic (category 1B) Mutagenic (category 1B) Toxic for reproduction (category 1B)

1 June 2021

–

–

20.

Ammonium dichromate

EC no: 232-143-1

CAS no: 7789-09-5

Carcinogenic (category 1B) Mutagenic (category 1B) Toxic for reproduction (category 1B)

1 June 2021

–

–

21.

Potassium chromate

EC no: 232-140-5

CAS no: 7789-00-6

Carcinogenic (category 1B) Mutagenic (category 1B)

1 June 2021

–

–

22.

Sodium chromate

EC no: 231-889-5

CAS no: 7775-11-3

Carcinogenic (category 1B) Mutagenic (category 1B) Toxic for reproduction (category 1B)

1 June 2021

–

–

23.

Formaldehyde, oligomer reaction products with aniline (Technical MDA)
EC no: 500-036-1 CAS no: 25214-70-4

Carcinogenic (category 1B)

1 November 2021

–

24.

Arsenic acid
EC no: 231-901-9 CAS no: 7778-39-4

Carcinogenic (category 1A)

1 November 2021

–

25.

Di(2-methoxyethyl) ether (Diglyme)
EC no: 203-924-4 CAS no: 111-96-6

Toxic for reproduction (category 1B)

1 November 2021

–

26.

1,2-Dichlorethane (EDC)
EC no: 203‑458-1 CAS no: 107-06-2

Carcinogenic (category 1B)

1 Feb-ruary 2022

–

27.

2,2′-Dichloro-4,4′-methylenedianiline (MOCA)
EC no: 202-918-9 CAS no: 101-14-4

Carcinogenic (category 1B)

1 Feb-ruary 2022

–

28.

Dichromium tris(chromate)

EC no: 246‑356-2 CAS no: 24613-89-6

Carcinogenic (category 1B)

1 April 2023

–

29.

Strontium chromate
EC no: 232-142-6 CAS no: 7789-06-2

Carcinogenic (category 1B)

1 April 2023

–

30.

Zinc potassium chromate

EC no: 234-329-8 CAS no: 11103-86-9

Carcinogenic (category 1A)

1 April 2023

–

31.

Pentazinc chromate octahydroxide
EC no: 256-418-0 CAS no: 49663-84-5

Carcinogenic (category 1A)

1 April 2023

–

32.

1-Bromopropane
(n-propyl bromide)
EC no: 203-445-0 CAS no: 106-94-5

Toxic for
reproduction (category 1B)

2 November 2023

–

–

33.

Diisopentyl phthalate
EC no: 210-088-4
CAS no: 605-50-5

Toxic for
reproduction (category 1B)

2 November 2023

–

–

34.

1,2-Benzenedicarboxylic acid, Di-C6-8-branched alkyl esters, C7 rich
EC no: 276-158-1 CAS no: 71888-89-6

Toxic for
reproduction (category 1B)

2 November 2023

–

–

35.

1,2-Benzenedicarboxylic acid, Di-C7-11-branched and linear alkyl esters
EC no: 271-084-6 CAS no: 68515-42-4

Toxic for
reproduction (category 1B)

2 November 2023

–

–

36.

1,2-Benzenedicarboxylic acid, Dipentylester, branched and linear
EC no: 284-032-2 CAS no: 84777-06-0

Toxic for reproduction
(category 1B)

2 November 2023

–

–

37.

Bis(2-methoxyethyl) phthalate
EC no: 204-212-6 CAS no: 117-82-8

Toxic for reproduction
(category 1B)

2 November 2023

–

–

38.

Dipentylphthalate
EC no: 205-017-9
CAS no: 131-18-0

Toxic for reproduction
(category 1B)

2 November 2023

–

–

39.

n-Pentyl-isopentylphthalate
EC no: –
CAS no:
776297-69-9

Toxic for reproduction
(category 1B)

2 November 2023

–

–

40.

Anthracene oil
EC no: 292-602-7 CAS no:
90640-80-5

Carcinogenic (category 1B), if the Benzo[a]pyrene content exceeds 0.005 %, PBT, vPvB

2 February 2024

–

–

41.

Pitch, coal tar, high temp.
EC no: 266-028-2
CAS no: 65996-93-2

Carcinogenic (category 1B), PBT, vPvB

2 February 2024

–

–

42.

4-(1,1,3,3-tetramethylbutyl) phenol, ethoxylated [includes clearly defined substances and UVCB substances, polymers and homologe substances]
EC no: –
CAS no: –

Endocrine
disrupting
properties

2 May 2024

–

–

43.

4-Nonylphenol, branched and linear, ethoxylated [substances with a linear and/or branched alkyl chain with a carbon number of 9, in which position 4 is covalently bonded to phenol, ethoxylated, including UVCB substances and clearly defined substances, polymers and homologous substances comprising the individual isomers and/or combinations thereof]
EC no: –
CAS no: –

Endocrine disrupting
properties

2 May 2024

–

–

44.

1,2-Benzenedicarboxylic acid, Dihexylester, branched and linear
EC no: 271-093-5
CAS no: 68515-50-4

Toxic for reproduction
(category 1B)

2 November 2023

45.

Dihexylphthalate
EC no: 201-559-5
CAS no: 84-75-3

Toxic for reproduction
(category 1B)

2 November 2023

46.

1,2-Benzenedicarboxylic acid, Di-C6-10-
alkyl esters; 1,2-Benzenedicarboxylic acid, mixed decyl-, hexyl- and octyldiesters with ≥ 0.3 % dihexylphthalate (EC no: 201-559-5)
EC no:
271-094-0; 272-013-1
CAS no:
68515-51-5;
68648-93-1

Toxic for reproduction
(category 1B)

2 November 2023

47.

Trixylylphosphate
EC no: 246-677-8
CAS no:
25155-23-1

Toxic for reproduction
(category 1B)

2 February 2024

48.

Sodium perborate; perboric acid,
sodium salt
EC no: 239-172-9; 234-390-0
CAS no: –

Toxic for reproduction
(category 1B)

2 Februar 2024

49.

Sodium peroxometaborate
EC no: 231-556-4
CAS no: 7632-04-4

Toxic for reproduction
(category 1B)

2 February 2024

50.

5-sec-Butyl-2-(2,4-dimethylcyclohex-3-en-1-yl)–5-methyl-1,3-dioxane [1], 5-sec-Butyl-2- (4,6-dimethylcyclohex-3-en-1-yl)-5-methyl- 1,3-dioxane [2] [includes each individual stereoisomer of [1] and [2] or any combination thereof]
EC no: –
CAS no: –

vPvB

2 May 2024

51.

52.

2,4-Di-tert-butyl-6-(5-chlorbenzotriazol-2- yl)phenol
(UV-327)
EC no: 223-383-8
CAS no: 3864-99-1

vPvB

2 August 2024

53.

2-(2H-Benzotriazol-2-yl)-4-(tert-butyl)-
6- (sec-butyl)phenol (UV-350)
EC no: 253-037-1
CAS no: 36437-37-3

vPvB

2 August 2024

54.

2-Benzotriazol-2-yl-4,6-di-tert-butylphenol
(UV-320)
EC no: 223-346-6
CAS no: 3846-71-7

PBT, vPvB

2 August 2024

55.

Tetraethyllead
EC no: 201-075-4 CAS No: 78-00-2

Toxic for reproduction
(category 1A)

1 January 2027

–

55.

56.

4,4’-Bis(dimethylamino)-4”-(methylamino) trityl alcohol (with ≥ 0.1 % Michler’s ketone
(EC no 202-027-5) or Michler’s base
(EC no 202-959-2))

EC no: 209-218-2
CAS No: 561-41-1

Carcinogenic
(category 1B)

1 January 2027

–

56.

57.

Reaction products of 1,3,4-Thiadiazolidine 2,5-dithion-, Formaldehyde and 4‑Heptylphenol, branched and linear (RP-HP) (mit ≥ 0,1 % 4‑Heptylphenol, branched and linear)

EC no: —
CAS No: —

Endocrine disrupting properties

1 January 2027

–

57.

58.

2-Ethylhexyl-10-ethyl-4,4-dioctyl-7-oxo-8-oxa-3,5-dithia-4-stannatetradecanoate (DOTE)

EC no: 239-622-4
CAS No: 15571-58-1

Toxic for reproduction
(category 1B)

1 January 2027

–

58.

59.

Reaction mass of 2-Ethylhexyl-10-ethyl-4,4-dioctyl-7-oxo-8-oxa-3,5-dithia-4-stannatetradecanoate and 2-Ethylhexyl-10-ethyl-4- [[2- [(2-ethylhexyl) oxy] -2-oxoethyl] thio] -4-octyl-7-oxo-8-oxa-3,5-dithia-4-stannatetradecanoate (Reaction mass of DOTE and MOTE)

EC no: —
CAS No: —

Toxic for reproduction
(category 1B)

1 January 2027

–

59.

1bis For substances in entry numbers 4–7, 10–12, 14 and 15, a transitional period also applies until 1 May 2021 for the following uses:

  1. manufacture of a replacement part in order to repair a product where the substance concerned is or was used in the manufacture of the product and the product will not function properly without this replacement part;

  2. repair of a product where the substance concerned is or was used in the manufacture of the product and the product can only be repaired by using the substance concerned.

1ter For substances in entry numbers 32–46, a transitional period also applies until 2 July 2026 for the following uses:

  1. manufacture of a replacement part in order to repair a product where the substance concerned is or was used in the manufacture of the product and the product will not function properly without this replacement part;

  2. repair of a product where the substance concerned is or was used in the manufacture of the product and the product can only be repaired by using the substance concerned.

1quater For substances in entry numbers 4–7, the following transitional periods also apply:

  1. 1 January 2027 for entry numbers 4–7 for use in a preparation with a substance content of less than 0.3 %;

  2. 1 January 2027 for entry numbers 4–6 for use in the immediate packaging of a medicinal product;

  3. 1 January 2027 for entry number 4 for use in a utility article that falls under the Foodstuffs and Utility Articles Ordinance of 16 December 2016114;

  4. 1 July 2027 for entry number 4 for use in a medical device that falls under the Medical Devices Ordinance of 1 July 2020115.

1quinquies For substances in entry numbers 16–18, a transitional period until 1 January 2026 also applies for use in a process, in the end product of which chromium is not present in hexavalent form.

2 The FOEN, with the agreement of the FOPH and SECO, shall adapt the provisions specified in paragraph 1, taking into account any amendments to Annex XIV to Regulation (EC) No 1907/2006116 and the entries in Annex 3 ChemO.

(Art. 3)

Phthalates

1 Definitions

1 Phthalates are:

  1. bis(2-ethylhexyl) phthalate (DEHP; CAS no 117-81-7);

  2. dibutyl phthalate (DBP; CAS no 84-74-2);

  3. diisobutyl phthalate (DIBP; CAS no 84-69-5);

  4. benzyl butyl phthalate (BBP; CAS no 85-68-7).

2 An article is deemed to contain phthalate if it, or a part of it, has a phthalate content of 0.1% or more by mass in the plasticised material.

3 Plasticised material means the following homogeneous materials:

  1. all plastics except silicone rubber and natural latex coatings;

  2. surface coatings, non-slip coatings, finishes, decals, printed designs;

  3. adhesives, sealants, paints and inks.

4 Prolonged contact with human skin is deemed to occur if the skin, under normal or reasonably foreseeable conditions of use, is in continuous contact of more than 10 minutes duration or intermittent contact over a period of 30 minutes, per day, with an article containing phthalate.

5 For the purposes of Number 5 letter a No 1 and 3, an aircraft means:

  1. a civil aircraft produced in accordance with a type certificate issued under Regulation (EU) 2018/1139117 or with a design approval issued under the national regulations of a contracting state to the Convention on International Civil Aviation of 7 December 1944118 of the International Civil Aviation Organization (ICAO), or for which a certificate of airworthiness has been issued by an ICAO contracting state under Annex 8 to the Convention119;

  2. a military aircraft.

6 For the purposes of Number 5 letter a No 2 and 4, a motor vehicle means a category M, N or O vehicle as defined in Annex II Section A number 1 of Directive 2007/46/EC120.

2 Prohibitions

1 It is prohibited to place on the market articles containing phthalate.

2 For the placing on the market of electrical and electronic equipment, Annex 2.18 applies.

3 Relationship to the Foodstuffs and Utility Articles Ordinance of 16 December 2016121 (FUAO)

For the placing on the market of phthalate-containing consumer articles, toys and utility articles for infants and small children, the FUAO applies.

4 Exceptions

The prohibition specified in Number 2 paragraph 1 does not apply to:

  1. measuring devices for laboratory purposes and parts of such devices;

  2. the immediate packaging of medicinal products within the scope of Regulation (EC) No 726/2004122, Directive 2001/82/EC123 and/or Directive 2001/83/EC124;

  3. medical devices within the scope of the Medical Devices Ordinance of 17 October 2011125 and components for such devices;

  4. articles exclusively for industrial or agricultural use, or for use exclusively in the open air, provided that no material containing phthalate comes into contact with human mucous membrane or into prolonged contact with human skin.

5 Transitional provisions

The prohibition specified in Number 2 paragraph 1 does not apply to:

  1. the placing on the market of the following articles containing phthalate:

    1. aircraft manufactured before 7 January 2024,

    2. motor vehicles first placed on the market in Switzerland or a Member State of the European Union (EU) or the European Free Trade Association (EFTA) before 7 January 2024,

    3. components for the manufacture of aircraft which may be placed on the market under No 1 and components for the repair and maintenance of such aircraft, where those components are essential for the safety and airworthiness of the aircraft,

    4. components for the manufacture of motor vehicles which may be placed on the market under No 2 and components for the repair and maintenance of such motor vehicles, where those components are essential for the proper operation of the motor vehicles;

  2. any other articles containing phthalate which were first placed on the market before 7 July 2020.

(Art. 3)

Cyclic siloxanes

1 Probihitions

1 It is prohibited to place on the market:

  1. octamethylcyclotetrasiloxane (D4, CAS no 556-67-2), decamethylcyclopentasiloxane (D5, CAS no 541‑02‑6) and dodecamethylcyclohexasiloxane (D6, CAS no 540‑97‑6);

  2. substances (except silicone polymers) and preparations, where the substances or preparations have a content of 0.1 per cent or more by mass of a substance listed under letter a.

2 It is prohibited to use substances and preparations listed in paragraph 1 for the chemical cleaning of textiles, leathers and furs.

2 Exceptions

1 The prohibitions specified in Number 1 paragraph 1 do not apply to placing on the market for the purposes of professional or commercial use as:

  1. monomers for the production of silicone polymers;

  2. monomers in polymerisation;

  3. intermediates for the production of silicon compounds;

  4. starting products for the production of preparations;

  5. starting products for the production of articles in industrial facilities, including substances and preparations required for the production of these starting products;

  6. surface treatment products for non-metals;

  7. reagents for analysis and research purposes that are not classified as medicinal products under Article 4 paragraph 1 letter b of the Therapeutic Products Act of 15 December 2000126 (TPA).

2 The prohibitions specified in Number 1 paragraph 1 do not apply to the placing on the market of:

  1. medicinal products specified in Article 4 paragraph 1 letter b TPA that:

    1. contain D5 or D6 and are used to prevent wounds, to treat and tend to scars and wounds or for ostomy care,

    2. consist of substances or combinations of substances and contain silicone polymers, where the D4, D5 or D6 content of the medicinal product is no more than 0.2 per cent by mass,

    3. are used for dental impression compounds containing silicone polymers, where the D5 or D6 content of the dental impression compound is no more than 0.3 per cent or 1 per cent by mass respectively;

  2. products used to clean or restore works of art and antiques, provided the products are intended for professional or commercial users and:

    1. consist of or contain D5, or

    2. contain silicone polymers, where the D6 content of the product is no more than 1 per cent by mass;

  3. preparations containing silicone polymers that are used for the following purposes:

    1. adhesives, bonding agents, sealants, casting compounds and 3D printing materials, where their D4, D5 or D6 content is no more than 1 per cent by mass,

    2. primers, where their D4, D5 or D6 content is no more than 0.5 per cent by mass,

    3. protective coatings, where their D4 content is no more than 0.5 per cent by mass and their D5 or D6 content is no more than 0.3 per cent by mass,

    4. silicone inserts for horses and horseshoes, where their D4 content is no more than 0.2 per cent by mass and their D5 or D6 content is no more than 1 per cent by mass,

    5. pad printing products, where their D5 or D6 content is no more than 1 per cent by mass,

    6. prototype development and mould-making products, as well as products containing quartz as a filler for high-performance applications, where their D5 or D6 content is no more than 1 per cent or 3 per cent by mass respectively.

3 The prohibitions specified in Number 1 paragraph 1 do not apply to the placing on the market of substances and preparations required to produce medicinal products as described in paragraph 2 letter a, products used to clean or restore works of art and antiques as described in paragraph 2 letter b, and preparations containing silicone polymers as described in paragraph 2 letter c.

4 The prohibitions specified in Number 1 paragraphs 1 and 2 do not apply to:

  1. the placing on the market of D5 for use in the chemical cleaning of textiles, leathers and furs;

  2. the use of D5 in the chemical cleaning of textiles, leathers and furs, provided the latest available measures have been taken to prevent D5 emissions.

3 Transitional provisions

1 The prohibitions specified in Number 1 paragraph 1 do not apply to:

  1. the following substances and preparations that were placed on the market before the specified dates, and substances and preparations required to produce these preparations:

Preparation

Date

Cosmetic products specified in Article 53 of the Ordinance of 16 December 2016 on Foodstuffs and Utility Articles (FUAO)127; this does not apply to wash-off cosmetic products that contain D4 or D5

7 June 2027

Medicines and medicinal products specified in Article 4 paragraph 1 letters a and b TPA

7 June 2031

  1. all other substances and preparations that were placed on the market before 7 June 2026; this does not apply to wash-off cosmetic products listed in Article 53 FUAO that contain D4 or D5.

2 The prohibitions specified in Number 1 paragraph 2 do not apply to the use of D4 and D6 as substances and in preparations for the chemical cleaning of textiles, leathers and furs until 6 June 2026.

Provisions relating to groups of preparations and articles

(Art. 3)

Laundry detergents

1 Definition

1Laundry detergents are textile washing products and textile auxiliary washing products which are released into wastewater. In particular, they include:

  1. prewash and heavy-duty detergents;

  2. detergents for delicate fabrics and special detergents;

  3. water softeners;

  4. pretreatment products;

  5. bleaching agents, decolourants;

  6. fabric softeners.

2 Products used in special washing and cleaning processes during the manufacture or finishing of textiles are not deemed to be laundry detergents.

3An ingredient means any chemical substance of synthetic or natural origin which is deliberately added to the detergent. For the purposes of this Annex, a perfume, essential oil or colouring agent is deemed to be an individual ingredient unless it contains an allergenic fragrance as specified in Number 3 paragraph 4.

2 Prohibitions

1 It is prohibited to produce for personal use or place on the market laundry detergents containing:

  1. liquid halogenated organic compounds such as dichloromethane (CAS no 75-09-2), trichloroethylene (CAS no 79-01-6) and tetrachloroethylene (CAS no 127-18-4);

  2. phosphates;

  3. more than 0.5% by mass of ethylenediaminetetraacetic acid (EDTA; CAS no 60-00-4) or propylenediaminetetraacetic acid (PDTA; CAS no 1939-36-2), or their salts or compounds derived therefrom;

  4. more than 0.5% phosphorus by mass;

  5. anionic or non-ionic surfactants for which the level of primary biodegradability is less than 80%;

  6. cationic or amphoteric surfactants for which the level of primary biodegradability is less than 80%;

  7. surfactants for which the level of ultimate biodegradability is less than 60% (mineralisation) or 70% (dissolved organic carbon die-away);

  8. surfactants listed in Annex VI to Regulation (EC) No 648/2004 of the European Parliament and of the Council of 31 March 2004128 on detergents:

Name (IUPAC129 nomenclature)

EINECS or
ELINCS no

CAS no

Limitations

2 The FOEN shall amend the provisions of paragraph 1 letter h to comply with amendments to Regulation (EC) No 648/2004.

3 The test and analytical methods are based on Annexes II, III and VIII to Regulation (EC) No 648/2004.

3 Special labelling

1 In the case of laundry detergents, the following ingredients shall be listed if the content is more than 0.2% by mass:

  1. phosphonates;

  2. anionic surfactants;

  3. non-ionic surfactants;

  4. cationic surfactants;

  5. amphoteric surfactants;

  6. oxygen-based bleaching agents;

  7. chlorine-based bleaching agents;

  8. aromatic hydrocarbons;

  9. aliphatic hydrocarbons;

  10. EDTA (CAS no 60-00-4) and its salts;

  11. nitrilotriacetic acid (NTA, CAS no 139-13-9) and its salts;

  12. soap;

  13. zeolites;

  14. polycarboxylates.

2 The content of ingredients specified in paragraph 1 shall be indicated using one of the following mass percentage ranges:

  1. less than 5%;

  2. 5% or over, but less than 15%;

  3. 15% or over, but less than 30%;

  4. 30% and more.

3 The following classes of ingredient shall be listed as such irrespective of their concentration and with no indication of the content by mass:

  1. enzymes;

  2. preservation agents;

  3. disinfectants;

  4. optical brighteners;

  5. perfumes.

3bis If an INCI designation130 exists, preservation agents are to be indicated accordingly.

4 If added, as such, at concentrations exceeding 0.01 by weight, allergenic fragrances that are included in the list of substances in Annex III to Regulation (EC) No 1223/2009131 in column a with the reference numbers 45, 67, or 69 to 92 shall be listed using the nomenclature of that Regulation.

4bis In the case of laundry detergents, the product name must be indicated as well as the manufacturer’s name, address and telephone number. If the laundry detergent is imported from an EEA Member State, the name address and telephone number of the party responsible for the first placing of the product on the market in the EEA may be indicated. This does not apply to imports of dangerous laundry detergents within the meaning of Article 3 of the Chemicals Ordinance of 5 June 2015132 (ChemO) which are intended for supply to the general public.

5 Also to be indicated in the case of laundry detergents are the address, e-mail address (where available) and telephone number from which the ingredient data sheet specified in Number 5 can be obtained.

6 The information must appear on the packaging. If the laundry detergent is supplied for professional or commercial use, the information may be provided in another appropriate form (e.g. technical data sheets, safety data sheets).

4 Instructions for use

1 In the instructions for use of laundry detergents supplied to the general public, the dosage must be expressed in SI units (millilitres, grams).

2 If the dosage varies according to water hardness, it must be adjusted to the total hardness levels soft, medium (25 degrees French = 2.5 mmol CaCO3/L) and hard.

5 Ingredient data sheet

1 On request, manufacturers placing laundry detergents on the market shall make an ingredient data sheet available to the Notification Authority (Art. 77 ChemO) or to the cantonal authority responsible for enforcement in accordance with Article 13.

2 On request, manufacturers must also make the ingredient data sheet available for medical purposes, immediately and free of charge, to physicians and to ancillary staff who are bound by professional confidentiality.

3 Physicians and ancillary staff as specified in paragraph 2 must treat the data made available to them as confidential and use it solely for medical purposes.

4 The ingredient data sheet must include the following information:

  1. name of the laundry detergent;

  2. name of the manufacturer or the person responsible for placing the product on the market in the EEA in accordance with Article 2 point 10 of Regulation (EC) No 648/2004;

  3. all the ingredients, in order of decreasing abundance by mass, divided into the following mass percentage ranges:

    1. 10% or more,

    2. 1% or over, but less than 10%,

    3. 0.1% or over, but less than 1%,

    4. less than 0.1%;

  4. for each ingredient, the common chemical name or IUPAC name, the CAS number and, where available, the INCI133 name and the Swiss or European Pharmacopoeia name shall be given. Impurities are not considered to be ingredients.

6 Exceptions

1 The requirements specified in Numbers 2–5 do not apply to the import of laundry detergents which are only finished or repackaged in Switzerland and then re‑exported in their entirety.

2 Number 2 paragraph 1 letters e–h does not apply to surfactants which are active ingredients of disinfectants approved under the OBP134. In addition, Numbers 4 and 5 do not apply to such disinfectants.

3 The prohibition specified in Number 2 paragraph 1 letter g does not apply to the following surfactants listed in Annex V to Regulation (EC) No 648/2004:

Name (IUPAC
nomenclature)

EINECS or
ELINCS no

CAS no

Limitations

4 The FOEN shall amend the provisions of paragraph 3 to comply with amendments to Regulation (EC) No 648/2004.

5 On receipt of a justified request, it may grant further exemptions to the prohibition specified in Number 2 paragraph 1 letter g for surfactants not listed in Annex V or VI to Regulation (EC) No 648/2004, provided that they are used in laundry detergents employed exclusively outside the domestic sphere. Here, it shall take into account the criteria laid down in Annex IV to Regulation (EC) No 648/2004.

7 Transitional provisions

1 The following provisions come into force on 8 October 2005:

  1. the prohibitions specified in Number 2 paragraph 1 letters f, g and h;

  2. the special labelling requirements specified in Number 3 paragraph 3 letters d and e and paragraph 4;

  3. the provisions on the data sheet specified in Number 5.

2 Laundry detergents which contain surfactants as specified in Number 2 paragraph 1 letter g and were already on the market before 8 October 2005 may continue to be produced for personal use or placed on the market until 7 October 2007 at the latest.

3 From 8 October 2007, laundry detergents as specified in paragraph 2 may only be produced for personal use or placed on the market if:

  1. evidence has been presented to the FOEN showing that a request for an exemption for the area of use concerned was submitted in an EU member state before this date in accordance with the procedure specified in Regulation (EC) No 648/2004; or

  2. a request for an exemption has been submitted to the FOEN in accordance with Number 6 paragraph 5.

4 The provisions of paragraphs 2 and 3 apply until a decision has been made by the relevant authority on the application for an exemption.

(Art. 3)

Cleaning and deodorising products

1 Definition

1Cleaning products are preparations used in cleaning which are released into wastewater. In particular, they include:

  1. machine dishwashing detergents;

  2. hand dishwashing detergents;

  3. general-purpose cleaners;

  4. rinse aids;

  5. scouring agents;

  6. lavatory cleaners;

  7. car shampoos;

  8. metal cleaners;

  9. engine cleaners;

  10. cleaning products for the food and drinks industry and for washing bottles and containers;

  11. car wash cleaning products;

  12. carpet cleaners;

  13. degreasing agents;

  14. rust removers.

2An ingredient means any chemical substance of synthetic or natural origin which is deliberately added to the cleaning product. For the purposes of this Annex, a perfume, essential oil or colouring agent is deemed to be an individual ingredient unless it contains an allergenic fragrance as specified in Number 3 paragraph 4.

2 Prohibitions

1 It is prohibited to produce for personal use or place on the market cleaning products containing:

  1. liquid halogenated organic compounds such as dichloromethane (CAS no 75-09-2), trichloroethylene (CAS no 79-01-6) and tetrachloroethylene (CAS no 127-18-4);

  2. more than 1% by mass of ethylenediaminetetraacetic acid (EDTA; CAS no 60-00-4) or propylenediaminetetraacetic acid (PDTA; CAS no 1939-36-2), or their salts or compounds derived therefrom;

  3. anionic or non-ionic surfactants for which the level of primary biodegradability is less than 80%;

  4. cationic or amphoteric surfactants for which the level of primary biodegradability is less than 80%;

  5. surfactants for which the level of ultimate biodegradability is less than 60% (mineralisation) or 70% (dissolved organic carbon die-away);

  6. surfactants listed in Annex VI to Regulation (EC) 648/2004 of the European Parliament and of the Council of 31 March 2004135 on detergents:

Name (IUPAC136
nomenclature)

EINECS or
ELINCS no

CAS no

Limitations

1bis It is prohibited to place on the market household machine dishwashing detergents which have a total phosphorus content of 0.3 g or more in the standard dosage as defined in Number 4 paragraph 1.

2 The FOEN shall amend the provisions of paragraph 1 letter f to comply with the amendments to Regulation (EC) 648/2004.

3 The test and analytical methods are based on Annexes II, III and VIII to Regulation (EC) 648/2004.

4 Deodorising products and air fresheners intended for use in toilets, private homes, offices or other publicly accessible Interior spaces, may not be placed on the market, if their content of 1,4-Dichlorobenzene (CAS No 106-46-7) is 1 % or more by mass.

5 The use of 1,4-Dichlorobenzene for purposes set out in paragraph 4 is prohibited.

3 Special labelling

1 In the case of cleaning products, the following ingredients shall be listed if the content is more than 0.2% by mass:

  1. phosphates;

  2. phosphonates;

  3. anionic surfactants;

  4. non-ionic surfactants;

  5. cationic surfactants;

  6. amphoteric surfactants;

  7. oxygen-based bleaching agents;

  8. chlorine-based bleaching agents;

  9. aromatic hydrocarbons;

  10. aliphatic hydrocarbons;

  11. EDTA (CAS no 60-00-4) and its salts;

  12. nitrilotriacetic acid (NTA, CAS no 139-13-9) and its salts;

  13. soap;

  14. zeolites;

  15. polycarboxylates;

  16. phenols and halogenated phenols;

  17. paradichlorobenzene (CAS no 106-46-7).

2 The content of ingredients specified in paragraph 1 shall be indicated using one of the following mass percentage ranges:

  1. less than 5%;

  2. 5% or over, but less than 15%;

  3. 15% or over, but less than 30%;

  4. 30% and more.

3 The following classes of ingredient shall be listed as such irrespective of their concentration and with no indication of the content by mass:

  1. enzymes;

  2. preservation agents;

  3. disinfectants;

  4. perfumes.

3bis If an INCI designation137 exists, preservation agents are to be indicated accordingly.

4 If added, as such, at concentrations exceeding 0.01 by weight, allergenic fragrances that are included in the list of substances in Annex III of Regulation (EC) No 1223/2009138 in column a with the reference numbers 45, 67, or 69 to 92 shall be listed using the nomenclature of that Regulation.

4bis In the case of cleaning, the product name must be indicated as well as the manufacturer’s name, address and telephone number. If the cleaning product is imported from an EEA Member State, the name address and telephone number of the party responsible for first placing the product on the market in the EEA may be indicated. This does not apply to imports of dangerous cleaning products within the meaning of Article 3 of the Chemicals Ordinance of 5 June 2015139 (ChemO), which are intended for supply to the general public.

5 Also to be indicated in the case of cleaning products are the address, e-mail address (where available) and telephone number from which the ingredient data sheet specified in Number 5 can be obtained.

6 The information must appear on the packaging. If the cleaning product is supplied for professional or commercial use, the information may be provided in another appropriate form (e.g. technical data sheets, safety data sheets).

7 The labelling must appear in at least one official language, be clearly legible and indelible.

4 Instructions for use

1 In the instructions for use of household machine dishwashing detergents, the standard dosage must be indicated in grams or millilitres or the number of tablets required for the main washing cycle for normally soiled tableware in a fully loaded 12 place settings dishwasher; if the dosage varies according to water hardness, additional information must be provided to indicate the dosage for the total hardness levels soft, medium and hard.

2 …

5 Ingredient data sheet

1 On request, manufacturers placing cleaning products on the market shall make an ingredient data sheet available to the Notification Authority (Art. 77 ChemO) or to the cantonal authority responsible for enforcement in accordance with Article 13.

2 On request, manufacturers must also make the ingredient data sheet available for medical purposes, immediately and free of charge, to physicians and to ancillary staff who are bound by professional confidentiality.

3 Physicians and ancillary staff as specified in paragraph 2 must treat the data made available to them as confidential and use it solely for medical purposes.

4 The ingredient data sheet must include the following information:

  1. name of the cleaning product;

  2. name of the manufacturer or the person responsible for placing the product on the market in the EEA in accordance with Article 2 point 10 of Regulation (EC) No 648/2004;

  3. all the ingredients, in order of decreasing abundance by mass, divided into the following mass percentage ranges:

    1. 10% or more,

    2. 1% or over, but less than 10%,

    3. 0.1% or over, but less than 1%,

    4. less than 0.1%;

  4. for each ingredient, the common chemical name or IUPAC name, the CAS number and, where available, the INCI140 name and the Swiss or European Pharmacopoeia name shall be given. Impurities are not considered to be ingredients.

6 Exceptions

1 The requirements specified in Numbers 2–5 do not apply to the import of cleaning products which are only finished or repackaged in Switzerland and then re‑exported in their entirety.

2 On receipt of a justified request, the FOEN may grant exemptions to the prohibitions specified in Number 2 paragraph 1 letter a if:

  1. according to the state of the art, no substitute is available; and

  2. the quantity of the substances used is no greater than is required for the intended purpose.

3 Number 2 paragraph 1 letters c–f does not apply to surfactants which are active ingredients of disinfectants that are approved under the OBP141 or comply with the requirements of the Medical Devices Ordinance of 17 October 2001142. In addition, Numbers 4 and 5 are not applicable to such disinfectants.

4 The prohibition specified in Number 2 paragraph 1 letter e does not apply to the following surfactants listed in Annex V to Regulation (EC) 648/2004:

Name (IUPAC
nomenclature)

EINECS or
ELINCS no

CAS no

Limitations

Alcohols, Guerbet, C16–20, ethoxylated, n-butyl ether (7‑8EO)

None (polymer)

147993-59-7

Can be used for the following industrial applications until 27 June 2019:

  1. bottle washing

  2. cleaning-in-place

  3. metal cleaning

5 The FOEN shall amend the provisions of paragraph 4 to comply with amendments to Regulation (EC) 648/2004.

6 On receipt of a justified request, it may grant further exemptions to the prohibition specified in Number 2 paragraph 1 letter e for surfactants not listed in Annex V or VI to Regulation (EC) No 648/2004. Here, it shall take account of the criteria laid down in Annex IV to Regulation (EC) 648/2004.

7 Transitional provisions

1 The following provisions come into force on 8 October 2005:

  1. the prohibitions specified in Number 2 paragraph 1 letters d–f;

  2. the special labelling requirements specified in Number 3 paragraph 3 letter d and paragraph 4;

  3. the provisions on the data sheet specified in Number 5.

2 Cleaning products which contain surfactants specified in Number 2 paragraph 1 letter e and were already on the market before 8 October 2005 may continue to be produced for personal use or placed on the market until 7 October 2007 at the latest.

3 From 8 October 2007, cleaning products as specified in paragraph 2 may only be produced for personal use or placed on the market if:

  1. evidence has been presented to the FOEN showing that a request for an exemption for the area of use concerned was submitted in an EU member state before this date in accordance with the procedure specified in Regulation (EC) No 648/2004; or

  2. a request for an exemption has been submitted to the FOEN in accordance with Number 6 paragraph 6.

4 The provisions of paragraphs 2 and 3 apply until a decision has been made by the relevant authority on the application for an exemption.

5 The prohibition specified in Number 2 paragraph 1bis and the requirements specified in Number 4 paragraph 1 do not apply to household machine dishwashing detergents first placed on the market before 1 January 2017.

6 In the case of household machine dishwashing detergents placed on the market in accordance with paragraph 5, the dosage indicated for the detergent in the instructions for use must be such that, if complied with, the quantity of phosphorus used per washing cycle does not exceed 2.5g.

(Art. 3)

Solvents

1 Methanol

1.1 Prohibitions

It is prohibited to place on the market windscreen washing or defrosting fluids with a methanol (CAS no 67-56-1) content of 0.6% or more by mass which are intended for supply to the general public.

1bis Glycol ethers

1bis.1 Prohibitions

It is prohibited to place on the market:

  1. preparations containing 2-(2-methoxyethoxy)ethanol (DEGME, CAS no 111-77-3) in a concentration of 0.1% or more by mass which are intended for supply to the general public for use as:

    1. paints and varnishes,

    2. paint strippers,

    3. cleaning agents,

    4. self-shining emulsions,

    5. floor sealants;

  2. spray paints and spray cleaners in aerosol dispensers containing 2-(2-butoxyethoxy)ethanol (DEGBE, CAS no 112-34-5) in a concentration of 3% or more by mass which are intended for supply to the general public.

1bis.2 Special labelling

1 Paints, other than spray paints, containing DEGBE in a concentration of 3% or more by mass and intended for supply to the general public must be labelled as follows: «Do not use in paint spraying equipment».

2 …

2 Cyclohexane

2.1 Special labelling

1 Neoprene-based contact adhesives containing cyclohexane (CAS no 110-82-7) in a concentration of 0.1% or more by mass and intended for supply to the general public must be labelled as follows: «This product is not to be used under conditions of poor ventilation. – This product is not to be used for carpet laying».

2 …

2.2 Special packaging

Neoprene-based contact adhesives containing cyclohexane (CAS no 110-82-7) in a concentration of 0.1% or more by mass intended for supply to the general public must be packaged in containers not exceeding 350 g.

3 Dichlormethan

3.1 Prohibitions

1 It is prohibited to place on the market paint strippers containing dichloromethane (CAS no 75-09-2) in a concentration of 0.1% or more by mass which:

  1. are intended for supply to the general public;

  2. are intended for professional or commercial use outside an industrial installation.

2 It is prohibited to use paint strippers containing dichloromethane in a concentration of 0.1% or more by mass for professional or commercial purposes outside an industrial installation.

3.2 Special labelling

1 Paint strippers containing dichloromethane in a concentration of 0.1% or more by mass must be labelled as follows: «Restricted to industrial use and to professionals approved in certain EU Member States – verify where use is allowed».

2 Notwithstanding paragraph 1, paint strippers intended for use in Switzerland may be labelled as follows: «Restricted to industrial use».

4 Substances that deplete the ozone layer and substances stable in the atmosphere

4.1 Prohibitions

It is prohibited:

  1. to manufacture, place on the market, import on a private basis or use substances that deplete the ozone layer (Annex 1.4) or substances stable in the atmosphere (Annex 1.5), or preparations containing such substances, for purposes of cleaning, dissolution, emulsification or suspension;

  2. to manufacture, place on the market, or import on a private basis articles which contain substances that deplete the ozone layer (Annex 1.4) or substances stable in the atmosphere (Annex 1.5) for purposes of cleaning, dissolution, emulsification or suspension.

4.2 Exceptions

1 The prohibition specified in Number 4.1 letter a does not apply to substances stable in the atmosphere, or preparations containing such substances, which are used in surface treatment installations as specified in Annex 2 Number 87 of the Air Pollution Control Ordinance of 16 December 1985143.

2 On receipt of a justified request, the FOEN may grant temporary exemptions from the prohibitions specified in Number 4.1 for further uses if:

  1. according to the state of the art, no substitute is available for the substances stable in the atmosphere, or for the preparations and articles containing such substances;

  2. the quantity and the global warming potential of the substances stable in the atmosphere being used are no greater than is required for the intended purpose according to the state of the art; and

  3. emissions of substances stable in the atmosphere are kept as low as possible throughout the life cycle of the intended use.

4.3 Special labelling

The manufacturer may only place on the market containers that contain or will contain substances listed in one of Annexes I-III of Regulation (EU) 2024/573144 if their labelling contains the following information:

  1. the text: «Contains fluorinated greenhouse gases»;

  2. the abbreviated chemical names of the substances contained or to be contained in the containers, using the industrial nomenclature accepted for the area concerned;

  3. the quantity of the substances expressed in kg and in tonnes of CO2 equivalent, and the global warming potential of the substances.

5 Halogenated solvent wastes handling

5.1 Definitions

Halogenated solvents are solvents containing in total more than 1% of the following substances by weight:

  1. dichloromethane (CAS no 75-09-2);

  2. 1,1-dichloroethane (CAS no 75-34-3);

  3. 1,2-dichloroethane (CAS no 107-06-2);

  4. chloroform (CAS no 67-66-3);

  5. trichloroethylene (CAS no 79-01-6);

  6. tetrachloroethylene (CAS no 127-18-4);

  7. substances that deplete the ozone layer (Annex 1.4);

  8. substances stable in the atmosphere (Annex 1.5).

5.2 Prohibition of mixing

1 It is prohibited for any person using halogenated solvents on a professional or commercial basis to mix wastes from these solvents:

  1. with non-halogenated solvents or wastes from non-halogenated solvents;

  2. with other types of halogenated solvents or of wastes from halogenated solvents, if recycling is significantly complicated as a result;

  3. with other wastes, substances, preparations or articles.

2 The prohibition specified in paragraph 1 letter b does not apply to persons who do not use more than 20 litres per year of a substance specified in Number 5.1.

3 The prohibitions specified in paragraph 1 do not apply to persons who recycle or incinerate halogenated solvent wastes themselves in an appropriate manner.

5.3 Take-back obligation

Any person who supplies a user with halogenated solvents in containers of more than 20 litres must, if the user so requires, take back these solvents, including process-related impurities or additives, or arrange for them to be taken back by a third party.

5.4 Recycling

The canton may require holders of halogenated solvent wastes or companies who accept such wastes for disposal:

  1. to investigate whether recycling options are available or could be created;

  2. to inform the canton of the results of their investigations;

  3. to ensure that these wastes are recycled if this is technically feasible and economically viable and does not entail disproportionate use of energy.

(Art. 3)

Biocidal products

1 Wood preservatives

1.1 Definitions

1Wood preservatives are biocidal products of product type 8 as defined in Annex 10 to the OBP145.

2Tar oils refers in particular to:

  1. creosote (CAS no 8001-58-9);

  2. creosote oil (CAS no 61789-28-4);

  3. distillates (coal tar), naphthalene oils (CAS no 84650-04-4);

  4. creosote oil, acenaphthene fraction (CAS no 90640-84-9);

  5. distillates (coal tar), upper (CAS no 65996-91-0);

  6. anthracene oil (CAS no 90640-80-5);

  7. tar acids, coal, crude (CAS no 65996-85-2);

  8. creosote, wood (CAS no 8021-39-4);

  9. low-temperature tar oil, alkaline; extract residues (coal) (CAS no 122384‑78‑5).

1.2 Prohibitions

1 It is prohibited to place on the market wood preservatives containing:

  1. arsenic or arsenic compounds;

  2. tar oils.

2 It is prohibited to supply or use wood treated with wood preservatives containing tar oil.

3 Wood treated with a wood preservative and articles containing such wood may only be imported for professional or commercial purposes if each active substance contained in the wood preservative is listed, for inclusion in product type 8:

  1. in the list of notified active substances specified in Article 9 paragraph 1 letter d, in conjunction with paragraph 2 letter b and paragraph 3 OBP; or

  2. in Annex 1 List I or Annex 2 List IA OBP and complies with the requirements specified therein.

1.3 Exceptions

1 The prohibition specified in Number 1.2 paragraph 1 letter b does not apply to wood preservatives containing tar oil if they:

  1. contain the smallest quantity of water extractable phenols or benzo[a]pyrene possible according to the state of the art, but no more than:

    1. 30 g water extractable phenols per kilogram,

    2. 50 mg benzo[a]pyrene per kilogram; and

  2. are supplied to professional or commercial users in packages with a minimum content of 20 litres.

2 The prohibition on supply specified in Number 1.2 paragraph 2 does not apply to railway sleepers supplied by one rail company to another for use in railway track installations.

3 The prohibitions specified in Number 1.2 paragraph 2 do not apply to wood that has been treated with a tar oil-based wood preservative as specified in paragraph 1 and which is used for railway track installations:

4 The prohibition specified in Number 1.2 paragraph 3 does not apply to the import of wood which is only finished or repackaged in Switzerland and then re-exported in its entirety.

5 The Notification Authority (Art. 77 of the Chemicals Ordinance of 5 June 2015146) may grant exemptions from the prohibition specified in Number 1.2 paragraph 3. It shall make its decision with the agreement of the competent assessment authorities specified in Article 52 OBP.

1.4 Use in groundwater protection zones

1 In groundwater protection zones S1, S2 and Sh it is prohibited:

  1. to use wood preservatives;

  2. to store wood treated with wood preservatives.

2 Any person wishing to use wood preservatives or store wood treated with these products in groundwater protection zones S3 and Sm or near waterbodies must take structural measures to prevent seepage or run-off of the preservatives.

2 Other preservatives

2.1 Definitions

Preservatives also refers to:

  1. biocidal products used to protect service water from contamination with harmful organisms in the industrial, commercial or municipal sector;

  2. biocidal products of product type 6 (in-can preservatives) as defined in Annex 10 to the OBP;

  3. biocidal products of product type 7 (film preservatives) as defined in Annex 10 to the OBP.

2.2 Prohibitions

1 It is prohibited to place on the market or use, in paints or varnishes or for service water, preservatives containing arsenic or arsenic compounds.

2 For preservatives containing trialkyl or triaryl tin compounds in paints or varnishes or for service water, the provisions specified in Annex 1.14 apply.

3 It is prohibited to manufacture or place on the market articles or any parts thereof containing dimethylfumarate (CAS no 624-49-7) in concentrations greater than 0.1mg/kg.

3 Rodenticides

3.1 Definition

Rodenticides are biocidal products of product type 14 as defined in Annex 10 to the OBP.

3.2 Prohibition

It is prohibited to place on the market or use rodenticides containing:

  1. arsenic or arsenic compounds;

  2. thallium or thallium compounds;

  3. strychnine.

4 Antifouling products (underwater coatings)

4.1 Definition

Antifouling products are biocidal products of product type 21 as defined in Annex 10 to the OBP.

4.2 Prohibitions

1 It is prohibited to place on the market or use antifouling products containing arsenic compounds.

2 For antifouling products containing trialkyl or triaryl tin compounds, the provisions specified in Annex 1.14 apply.

4bis Biocidal products used to control algae and mosses

4bis.1 Definitions

Biocidal products used to control algae and mosses are:

  1. algaecides for the remedial treatment of construction materials that belong to Product Type 2 in accordance with Annex 10 OBP;

  2. Products used for preservation of masonry, composite materials or other construction materials other than wood by the control of microbiological and algal attack that belong to Product Type 10 (construction material preservatives) in accordance with Annex 10 OBP, provided they are used to protect against or control algae or mosses.

4bis.2 Prohibitions

Biocidal products used to control algae and mosses may not be used:

  1. on roofs and terraces;

  2. on storage sites;

  3. on and along roads, paths and squares;

  4. on embankments and verges along roads and railway lines.

4bis.3 Special labelling

1 The holders of authorisation under Article 7 paragraph 1 OPB must inform purchasers of biocidal products used to control algae and mosses about the prohibitions specified in Number 4bis.2 by means of labelling or in an equivalent written form.

2 The information in accordance with paragraph 1 must contain the following statement: “Use is prohibited on roofs and terraces, on storage sites, on or along roads, paths and squares, and on embankments and verges along roads and railways”.

4ter Biocidal products used to control arthropods and microorganisms

4ter.1 Definitions

Biocidal products used to control arthropods and microorganisms are:

  1. biocidal products of product type 2 (disinfectants and algaecides not intended for direct application to humans and animals) in accordance with Annex 10 OBP, insofar as they are intended for the control of pathogenic or disease-transmitting microorganisms;

  2. biocidal products of product type 3 (veterinary hygiene biocidal products) in accordance with Annex 10 OBP, insofar as they are intended for the control of pathogenic or disease-transmitting microorganisms;

  3. biocidal products of product type 18 (insecticides, acaricides and products to control other arthropods) in accordance with Annex 10 OBP, insofar as they are intended for the control of invasive alien or disease-transmitting arthropods.

4ter.2 Authorisation for use in forests

1 The competent authority shall grant authorisation in accordance with Articles 4–6 for the use of biocidal products used to control arthropods and microorganisms in forests if:

  1. the arthropods and microorganisms to be controlled pose a significant risk to human health or the health of livestock or to the environment;

  2. no other suitable measures are available that are less harmful to the environment; and

  3. the use of a biocidal product serves the purpose of eradication or containment, taking into account the current infestation situation in Switzerland.

2 If multiple biocidal products are suitable for the control of arthropods and microorganisms, the one that is the least harmful to the environment must be used.

4ter.3 Documentation and reporting requirements

1 Any person with authorisation in accordance with Number 4ter.2 must record the following information on individual applications and report it to the competent authority by 31 December of each year:

  1. the purpose of control and arthropods and microorganisms controlled;

  2. the trade name and Swiss authorisation number of the biocidal products used;

  3. the active substances contained in the biocidal products used and their concentration;

  4. the quantity of the biocidal products used and method of use;

  5. the dates and locations of use as well as the size of the treated areas.

2 The competent authority shall report to the FOEN by 28 February on the uses of biocidal products in accordance with Number 4ter.2 made in the previous year. The report shall contain the information specified in paragraph 1.

5 Bring-back obligation

1 Users must return biocidal products for which they have no further use or which they wish to dispose of to a person obliged to take them back or deposit them at an appropriate collection centre.

2 Small quantities of biocidal products shall be taken back free of charge.

6 Exceptions relating to biocidal products for research and development purposes

The prohibitions specified in this Annex do not apply to the placing on the market of biocidal products for research and development purposes.

7 Transitional provisions

1 The prohibition on use specified in Number 1.2 paragraph 2 does not apply to wood supplied by 31 December 2001 and used by 31 December 2011.

2 The prohibition on use specified in Number 1.2 paragraph 2 does not apply to wood treated with wood preservatives that do not meet the requirements specified in Number 1.3 paragraph 1 letter a if the treated wood was supplied by 30 June 2005 and was used by 31 December 2011 for one of the following applications:

  1. railway track installations;

  2. slope stabilisation structures and avalanche barriers outside residential areas;

  3. noise barriers outside residential areas;

  4. path and road reinforcement structures outside residential areas;

  5. utility pole and pylon bases;

  6. other installations having a purpose similar to the installations specified in letters a to e and which are located outside residential areas; the FOEN shall issue recommendations for enforcement authorities after consulting the relevant federal offices.

3 In addition, the prohibition on use specified in Number 1.2 paragraph 2 does not apply to wood treated with wood preservatives that meet the requirements specified in Number 1.3 paragraph 1 letter a if the treated wood was supplied by1 June 2019 and is used by 1 June 2021 for one of the following applications:

  1. slope stabilisation structures and avalanche barriers outside residential areas;

  2. noise barriers outside residential areas;

  3. path and road reinforcement structures outside residential areas;

  4. utility pole and pylon bases;

  5. other installations having a purpose similar to the installations specified in letters a to d and which are located outside residential areas; the FOEN shall issue recommendations for enforcement authorities after consulting the relevant federal offices.

(Art. 3)

Plant protection products and basic substances

1 Use

1.1 Prohibitions and restrictions

1 It is prohibited to use plant protection products and basic substances:

  1. in areas designated as nature reserves under federal or cantonal legislation, in the absence of provisions to the contrary in the relevant regulations;

  2. in reed beds and mires;

  3. in hedges and groves and in a 3m-wide strip alongside hedges and groves;

  4. in forests and in a 3m-wide strip alongside the stand of trees;

  5. in surface waters and in a 3m-wide strip alongside surface waters, whereby the strip alongside watercourses for which a space for waters has been specified in accordance with Article 41a WPO147 or for which a space for waters has been expressly dispensed with under 41a paragraph 5 WPO is measured from the shore line, and in the case of other watercourses and standing waters from the top edge of the bank in accordance with the buffer strip information sheet «Measuring and managing buffers strips correctly», KIP/PIOCH 2009148;

  6. in groundwater protection zone S1;

  7. on or alongside railway track installations in groundwater protection zones S2 and Sh.

2 It is also prohibited to use plant protection products or basic substances intended to destroy unwanted plants or parts of plants or to influence unwanted plant growth (herbicides and plant growth agents):

  1. on roofs and terraces;

  2. on storage sites;

  3. on or along roads, paths and squares;

  4. on embankments and verges along roads and railways.

3 …

4 With regard to the use of plant protection products in the areas of contribution Zu and Zo, the cantons, taking account of the exceptions specified in Number 1.2 paragraphs 2, 4 and 5, shall specify restrictions going beyond those listed in paragraphs 1 and 2 if this is necessary to ensure water protection. In particular, they shall restrict the use of a plant protection product in the area of contribution Zu if the active substances it contains or its degradation products repeatedly appear in a groundwater well of public interest

5 With regard to the use of plant protection products and basic substances on or alongside railway track installations outside groundwater protection zones S1, S2 and Sh, the Federal Office of Transport shall specify the restrictions and prohibitions required to ensure protection of the environment. It shall take local conditions into account and consult the cantons concerned before making its decision.

1.2 Exceptions

1 The prohibitions specified in Number 1.1 paragraph 1 letters a and b do not apply to the use of plant protection products and basic substances intended to preserve crops in closed installations or buildings, provided that measures are taken to prevent run-off and seepage of the products or their degradation products.

2 The prohibitions specified in Number 1.1 paragraph 1 letters c and d, provided letter d concerns wooded pastures or the 3-metre-wide strip along the wooded area, do not apply to the individual treatment of problem plants, provided these plants could not be controlled effectively with other measures such as mowing.

3 In forests, if plant protection products and basic substances cannot be replaced by measures less harmful to the environment, notwithstanding the prohibition specified in Number 1.1 paragraph 1 letter d, the competent cantonal authority shall, in accordance with Articles 4–6, grant an authorisation for the use of plant protection products and basic substances:

  1. to treat wood which could cause damage to a forest following natural disasters and to control the harmful pathogens, if this is required to preserve the forest;

  2. to treat cut wood with insecticides authorised under the Plant Protection Products Ordinance for the crop ‘Lying roundwood in forests and at storage sites’, at appropriate sites, provided that the wood cannot be removed in good time, the sites concerned are not located in groundwater protection zones S1, S2 or Sh and effective measures are taken to prevent seepage or run-off of the products;

  3. in forest nurseries outside groundwater protection zones S1, S2, S3 and Sh;

  4. to remedy browsing damage in areas of natural regeneration, afforestation or reforestation, if this is essential to preserve the forest.

3bis The Federal Office of Transport shall, in consultation with the FOEN and in derogation from the prohibition contained in Number 1.1 paragraph 1 letter g, grant authorisation for the use of plant protection products or basic substances in groundwater zones S2 and Sh if:

  1. the railway track installation lies in a water-tight cutting;

  2. the waste water generated is disposed of outside groundwater zones S2 or Sh; and

  3. it would be disproportionate to replace the plant protection products or basic substances with other measures that would have a lower impact on the environment is a disproportionate measure.

4 The prohibition specified in Number 1.1 paragraph 2 letter c does not apply to individual treatments of problem plants on national and cantonal roads if they cannot be effectively controlled by other measures such as regular mowing.

5 The prohibition specified in Number 1.1 paragraph 2 letter d does not apply to individual treatments of problem plants if they cannot be effectively controlled by other measures such as regular mowing.

2 Special labelling

1 For herbicides or plant growth control agents authorised in accordance with the Plant Protection Products Ordinance of 20 August 2025149 (PlantPPO), licence holders must inform the purchasers, by means of labelling or in an equivalent written form, about the prohibitions specified in Number 1.1 paragraph 2.

2 Any person who imports a herbicide or plant growth control agent included in the list specified in Article 78 paragraph 2 PlantPPO must inform the purchasers, by means of labelling or in an equivalent written form, about the prohibitions specified in Number 1.1 paragraph 2.

3 The labelling specified in paragraph 1 and the information specified in paragraph 2 must include the following details: “Use is prohibited on roofs and terraces, on storage sites, on or along roads, paths and squares, and on embankments and verges along roads and railways”.

3 …

4 Export

4.1 Prohibition

It is prohibited to export or to move the following substances, or preparations that include such substances, to another country from an open customs warehouse, a warehouse for bulk goods or a duty-free warehouse:

Substance

Relevant CAS number(s)

Atrazine

1912-24-9

Diafenthiuron

80060-09-9

Methidathion

950-37-8

Paraquat
and its salts, including:
‒ Paraquat-dichloride
‒ Paraquat-dimethylsulfate

4685-14-7

1910-42-5, 75365-73-0
2074-50-2

Profenofos

41198-08-7

4.2 Export licence

4.2.1 Licence requirement

Any person who wishes to export the following substances, or preparations that include such substances, or move the same from an open customs warehouse, a warehouse for bulk goods or a duty-free warehouse to another country requires a licence from the FOEN:

Substance

Relevant CAS number(s)

1,3-Dichlorpropene

542-75-6

Acephate

30560-19-1

Acetochlor

34256-82-1

Allethrin

584-79-2

Ametryn

834-12-8

Amitraz

33089-61-1

Anthraquinone

84-65-1

Arsenic and its compounds

7440-38-2 and others

Bendiocarb

22781-23-3

Bensulide

741-58-2

Bensultap

17606-31-4

Bioallethrin

584-79-2

Bioresmethrin

28434-01-7

Bis(trichloromethyl)sulfone

3064-70-8

Bitertanol

55179-31-2

Bromacil

314-40-9

Butafenacil

134605-64-4

Butralin

33629-47-9

Butylate

2008-41-5

Cadusafos

95465-99-9

Carbaryl

63-25-2

Carbendazim

10605-21-7

Carbosulfan

55285-14-8

Chlorfenvinphos

470-90-6

Chlorpicrin

76-06-2

Chlorthal-dimethyl

1861-32-1

Choline chloride

67-48-1

Cinidon-ethyl

142891-20-1

Cyanamide

420-04-2

Cyanazine

21725-46-2

Cybutryne

28159-98-0

Cyfluthrin

68359-37-5

Cyhexatin

13121-70-5

Diazinon

333-41-5

Dichlobenil

1194-65-6

Dichlorvos

62-73-7

Dicloran

99-30-9

Dicrotophos

141-66-2

Dimethenamid

87674-68-8

Diniconazole-M

83657-18-5

Dinocap

131-72-6

Dinoterb

1420-07-1

Ethion

563-12-2

Ethoxyquin

91-53-2

Fenarimol

60168-88-9

Fenbutatin oxide

13356-08-6

Fenitrothion

122-14-5

Fenpropathrin

39515-41-8

Fenthion

55-38-9

Fentin hydroxide

76-87-9

Fentin acetate

900-95-8

Fenvalerate

51630-58-1

Flurenol

467-69-6

Fluzilazol

85509-19-9

Furathiocarb

65907-30-4

Guazatine

108173-90-6

Hexaconazole

79983-71-4

Hydramethylnon

67485-29-4

Ioxynil

1689-83-4

Isoproturon

34123-59-6

Malathion

121-75-5

Methabenzthiazuron

18691-97-9

Metoxuron

19937-59-8

Mevinphos

7786-34-7

Monolinuron

1746-81-2

Nabam

142-59-6

Naled

300-76-5

Novaluron

116714-46-6

Omethoate

1113-02-6

Oxadiargyl

39807-15-3

Oxytheeton-methyl

301-12-2

Pebulate

1114-71-2

Permethrin

52645-53-1

Phosalone

2310-17-0

Procymidone

32809-16-8

Prometryn

7287-19-6

Propachlor

1918-16-7

Propanil

709-98-8

Propargite

2312-35-8

Propazine

139-40-2

Propham

122-42-9

Propoxur

114-26-1

Resmethrin

10453-86-8

Rotenone

83-79-4

Siduron

1982-49-6

Simazine

122-34-9

Temephos

3383-96-8

Terbacil

5902-51-2

Terbufos

13071-79-9

Terbutryn

886-50-0

Tetrachlorvinphos

22248-79-9

Tetradifon

116-29-0

Tetramethrin

7696-12-0

Thiocyclam hydrogen oxalate

31895-22-4

Thiodicarb

59669-26-0

Thiometon

640-15-3

Tolylfluanid

731-27-1

Triadimefon

43121-43-3

Triasulfuron

82097-50-5

Tritheorph

24602-86-6

Trifluralin

1582-09-8

Vamidothion

2275-23-2

Vinclozolin

50471-44-8

Zineb

12122-67-7

4.2.2 Licensing requirements

1 An export licence shall be issued if the applicant submits a duly completed application in accordance with Number 4.2.3.

2 If the export is being made to a country that is not a signatory150 to the Rotterdam Convention of 10 September 1998151, an export licence shall only be issued if the FOEN has received a certificate from the importing country confirming that the latter has authorises the import.

3 If the export is being made to a country that is a signatory to the Rotterdam Convention, an export licence shall only be issued if the FOEN has received authorisation from the importing country.

4.2.3 Application

An application must include:

  1. the applicant’s name and the address;

  2. the foreign importers’ names and the addresses, broken down according to the recipient countries;

  3. the name of the substance as specified in Number 4.2.1, the preparation or the preparation that includes such a substance and, if applicable, the name and content of the substance in the preparations;

  4. the planned annual export volume of the substance or the preparations in kilogrammes per importer and import country;

  5. instructions on countermeasures in the event of an accident, on measures for safe disposal and on other precautionary measures, in particular to reduce exposure and emissions;

  6. details of the uses envisaged;

  7. the safety data sheet or the safety data sheets under Article 20 the Chemicals Ordinance of 5 June 2015152;

  8. if applicable, a certificate in accordance with Number 4.2.2 paragraph 2.

4.2.4 Decision

1 The FOEN shall decide within 30 days of receiving all the required documents.

2 An export licence shall be issued for a maximum of 12 months and in each case terminates at the end of a calendar year; it is given a country-specific number.

4.2.5 Obligations relating to export

1 The person required to submit a declaration under Article 26 of the Customs Act of 18 March 2005153 must specify in the customs declaration:

  1. that the export of the substances in accordance with Number 4.2.1 or of the preparations that include such substances requires a licence under this Annex;

  2. the country-specific number for the export licence.

2 At the request of the customs office, the person required to submit a declaration must provide a copy of the export licence required by this Annex.

3 On removal from an open customs warehouse, a warehouse for bulk goods or a duty-free warehouse, the storer or depositor must enter the country-specific number of the export licence in an inventory record.

4 The provisions of Article 5 paragraphs 1 and 3 of the PIC Ordinance of 10 November 2004154 apply to labelling and the provision of the safety data sheet.

(Art. 3)

Fertilisers

1 Definitions

1 The terms used in this Annex are defined in the Fertilisers Ordinance of 1 November 2023155.

2Forage areas are meadows and pastures, and vegetated farmland producing crops used wholly or partly as fodder. The term does not apply to farmland where only the grain or cobs are harvested.

2 Special requirements for supply

2.1 Supply of fertilisers

1 Fertilisers may only be supplied if the requirements specified in Number 2.2 are met in addition to those specified in the Ordinance on Fertilisers.

2 It is prohibited to supply sewage sludge.

2.2 Quality requirements

2.2.1 Requirements for product function categories PFC
2.2.1.1 Organic fertilisers PFC 1(A)

1 The pollutant content of organic fertilisers must not exceed the following limit values:

Pollutant

Limit values in milligrams per kilogram of dry matter

Inorganic arsenic (As)

40

Cadmium (Cd)

1

Chromium (Cr)

2000∗

Hexavalent Chromium (Cr VI)

2

Copper (Cu)

100**

Mercury (Hg)

1

Nickel (Ni)

30

Lead (Pb)

120

Zinc (Zn)

400***

  1. applies exclusively to products from animal by-products

  2. 150 g/t TS dry matter if the proportion of pig excrement is more than 50% of dry matter

  3. from a proportion of more than 50% pig excrement based on 600 g/t dry matter 600 g/t TS

2 Biuret (C2H5N3O2) must not be present in organic fertilisers.

2.2.1.2 Organic mineral fertilisers PFC 1(B)

1 Pollutants in organic mineral fertilisers may not exceed the following limit values:

Pollutant

Limit values in milligrams per kilogram of dry matter

Limit value in milligrams per kilogram of phosphorus (P)

Inorganic arsenic (As)

40

Cadmium (Cd) in fertilisers with a phosphorus content (P) of 5 % or less

1

Cadmium (Cd) in fertilisers with a phosphorus content (P) of over 5 %

50

Chromium (Cr)

2000∗

Hexavalent chromium (Cr VI)

2

Copper (Cu)

100**

Mercury (Hg)

1

Nickel (Ni)

30

Lead (Pb)

120

Zinc (Zn)

400***

  1. applies exclusively to products from animal by-products

  2. from a proportion of more than 50% pig excrement based on 150 g/t dry matter.

  3. from a proportion of more than 50% pig excrement based on 600 g/t dry matter

The limit values for copper (Cu) and zinc (Zn) do not apply if these elements have been deliberately added to the inorganic macronutrient fertiliser to remedy a trace nutrient deficiency in the soil and this is declared in accordance with Annex III.

2 The Biuret (C2H5N3O2) content in organic-mineral fertilisers must not exceed 12g/kg of dry matter.

2.2.1.3 Inorganic macronutrient fertilisers PFC 1(C)(I)

1 The pollutants in inorganic macronutrient fertilisers may not exceed the following limit values:

Pollutant

Limit values in milligrams per kilogram of dry matter

Limit values in milligrams per kilogram of phosphorus (P)

Arsenic (As)

40

Cadmium (Cd) in fertilisers with a phosphorus content (P) of 1 % or less

3

Cadmium (Cd) in fertilisers with a phosphorus content (P) of over 1 %

50

Chromium (Cr)

2000

Hexavalent chromium (Cr VI)

2

Copper (Cu)

600

Mercury (Hg)

1

Nickel (Ni)

100

Lead (Pb)

120

Vanadium (V)

4000

Zinc (Zn)

1500

Perchlorate (ClO4-)

50

The limit values for copper (Cu) and zinc (Zn) do not apply if these elements have been deliberately added to the inorganic macronutrient fertiliser to remedy a trace nutrient deficiency in the soil and this is declared in accordance with the labelling requirements.

2 The Biuret (C2H5N3O2) content in organic-mineral fertilisers must not exceed 12g/kg of dry matter.

3 In solid inorganic simple or compound macronutrient ammonium nitrate-fertilisers with a high nitrogen content (PFC 1(C)(I)(a)(i)(A) and PFC 1(C)(I)(a)(ii)(A)), the copper (Cu) content may not exceed 10 mg/kg and the chlorine (Cl) content 200 mg/kg.

2.2.1.4 Inorganic trace nutrient fertilisers PFC 1(C)(II)

Pollutants in inorganic trace nutrient fertilisers may not exceed the following limit values:

Pollutant

Limit values in mg, in relation to the total content of trace nutrients in kg.
[mg/kg total content of trace nutrients, i.e. boron (B), cobalt (Co), copper (Cu), iron (Fe), manganese (Mn), molybdenum (Mo) or zinc (Zn)]

Arsenic (As)

1000

Cadmium (Cd)

200

Lead (Pb)

600

Mercury (Hg)

100

Nickel (Ni)

2000

2.2.1.5 Lime fertilisers PFC 2

Pollutants in lime fertilisers may not exceed the following limit values:

Pollutant

Limit values in milligrams per kilogram of dry matter

Arsenic (As)

40

Cadmium (Cd)

2

Hexavalent Chromium (Cr VI)

2

Copper (Cu)

300

Mercury (Hg)

1

Nickel (Ni)

90

Lead (Pb)

120

Zinc (Zn)

800

2.2.1.6 Organic soil improvers PFC 3(A)

Pollutants in organic soil improvers may not exceed the following limit values:

Pollutant

Limit values in milligrams per kilogram of dry matter

Inorganic arsenic (As)

40

Cadmium (Cd)

2

Hexavalent chromium (Cr VI)

2

Copper (Cu)

300

Mercury (Hg)

1

Nickel (Ni)

50

Lead (Pb)

120

Zinc (Zn)

800

2.2.1.7 Inorganic soil improvers PFC 3(B)

Pollutants in inorganic soil improvers may not exceed the following limit values:

Pollutant

Limit values in milligrams per kilogram of dry matter

Inorganic arsenic (As)

40

Cadmium (Cd)

1.5

Hexavalent Chromium (Cr VI)

2

Copper (Cu)

300

Mercury (Hg)

1

Nickel (Ni)

100

Lead (Pb)

120

Zinc (Zn)

800

2.2.1.8 Growing medium PFC 4

1 Pollutants in a growing medium may not exceed the following limit values:

Pollutant

Limit values in milligrams per kilogram of dry matter

Inorganic arsenic (As)

40

Cadmium (Cd)

1.5

Hexavalent chromium (Cr VI)

2

Copper (Cu)

200

Mercury (Hg)

1

Nickel (Ni)

50*

Lead (Pb)

120

Zinc (Zn)

500

  1. In the cases of growing media that consist of more than 70 % mineral substances, the limit value applies to the bioavailable content of the pollutant.

2 The following guide values apply to growing media:

Pollutant

Guide value

Polycyclic aromatic hydrocarbons (PAH)

4 milligrams per kilogram of dry matter1

Dioxine (PCDD) and furane (PCDF)

20 nanograms WHO2005-TEQ2 per kilogram of dry matter

  1. Sum of the following 16 PAH compounds on the EPA priority pollutants list: napthalene, acenaphthylene, acenaphthene, fluorene, phenanthrene, anthracene, fluoranthene, pyrene, benzo[a]anthracene, chrysene, enzo[b]fluoranthene, benzo[k]fluoranthene, benzo[a]pyrene, indeno[1,2,3-cd]pyrene, dibenzo[a,h]anthracene and benzo[ghi]perylene.

  2. Toxic equivalency as recommended by the World Health Organisation (WHO) following a consultation of experts in 2005. Reference: Martin van den Berg et al. (2006) The 2005 World Health Organization Re-evaluation of Human and Mammalian Toxic Equivalency Factors for Dioxins and Dioxin-Like Compounds. Toxicological science 93(2):223–241. https://doi.org/10.1093/toxsci/kfl055 .

2.2.1.9 Plant biostimulants PFC 6

The pollutant content of plant biostimulants may not exceed the following limit values:

Pollutant

Limit values in milligrams per kilogram of dry matter

Inorganic arsenic (As)

40

Cadmium (Cd)

1,5

Hexavalent chromium (Cr VI)

2

Copper (Cu)

600

Mercury (Hg)

1

Nickel (Ni)

50

Lead (Pb)

120

Zinc (Zn)

1500

2.2.1.10 Farm manure PFC 100 and recycling fertilisers PFC 101

1 The pollutants in farm manure and recycling fertilisers may not exceed the following limit values:

Pollutant

Limit values in milligrams per kilogram of dry matter

Cadmium (Cd)

1

Copper (Cu)

100*

Mercury (Hg)

1

Nickel (Ni)

30

Lead (Pb)

120

Zinc (Zn)

400**

  1. from a proportion of more than 50% pig excrement based on 600 g/t dry matter 150 g/t TS.

  2. from a proportion of more than 50% pig excrement based on 600 g/t dry matter 600 g/t TS

2 In addition, the following requirements for inert contaminants apply to compost and digestate:

  1. contaminants (metal, glass, wastepaper, cardboard, etc.) with a diameter of more than 2 mm must not exceed 0.5% of the mass of the dry matter;

  2. the content of aluminium foil and plastics must not exceed 0.1% of the mass of the dry matter;

  3. the content of stones with a diameter of more than 5 mm should be as low as possible, so that fertiliser quality is not impaired.

3 The following guide values apply to compost and digestate:

Pollutant

Guide value

Polycyclic aromatic hydrocarbons (PAHs)

4 milligrams per kilogram of dry matter1

Dioxins (PCDDs) and furans (PCDFs)

20 nanograms WHO2005-TEQ2 per kilogram of dry matter

  1. Sum of the following 16 PAH compounds on the EPA priority pollutants list: naphthalene, acenaphthylene, acenaphthene, fluorene, phenanthrene, anthracene, fluoranthene, pyrene, benzo[a]anthracene, chrysene, benzo[b]fluoranthene, benzo[k]fluoranthene, benzo[a]pyrene, indeno[1,2,3-cd]pyrene, dibenzo[a,h]anthracene and benzo[ghi]perylene.

  2. Toxic equivalency as recommended by the World Health Organisation (WHO) following a consultation of experts in 2005. Reference: Martin van den Berg et al. (2006) The 2005 World Health Organization Re-evaluation of Human and Mammalian Toxic Equivalency Factors for Dioxins and Dioxin-Like Compounds. Toxicological science 93(2):223–241; https://doi.org/10.1093/toxsci/kfl055 .

4 The provisions of paragraph 1 do not apply to farm manure intended for own‑farm use or supplied directly to end users by a livestock farm. This is without prejudice to the provisions specified in Article 10 of the Ordinance on Fertilisers.

2.2.2 Requirements for component material categories (CMC)
2.2.2.1 Compost (CMC 3), fresh plant digestate (CMC 4) and digestate other than fresh plant digestate (CMC 5)

The quality requirements stipulated in Number 2.2.1.10 also apply to compost and digestate as component materials in fertilisers.

2.2.2.2 Precipitated phosphate salts and their derived products (CMC 12) and materials obtained by thermal oxidation and their derived products (CMC 13)

1 The pollutant content of precipitated phosphate salts and their derived products and of materials obtained by thermal oxidation and their derived products may not exceed the following limit values:

Pollutant

Limit value in milligrams per kilogram of phosphorus (P)

Arsenic (As)

100

Cadmium (Cd)

25

Chromium (Cr)

1 000

Copper (Cu)

3 000

Mercury (Hg)

2

Nickel (Ni)

500

Lead (Pb)

500

Zinc (Zn)

10 000

2 The organic pollutant content of precipitated phosphate salts and their derived products and of materials obtained by thermal oxidation and their derived products may not exceed the following limit values:

Pollutant

Limit value

Polycyclic aromatic hydrocarbons (PAH)

25 milligrams per kilogram of phosphorus (P)1

Polychlorinated biphenyls (PCB)

0.5 milligrams per kilogram of phosphorus (P)2

Dioxins (PCDD) and furans (PCDF)

120 nanograms WHO2005-TEQ per kilogram of phosphorus (P)3

  1. Sum of the following 16 PAH compounds on the EPA priority pollutants list: napthalene, acenaphthylene, acenaphthene, fluorene, phenanthrene, anthracene, fluoranthene, pyrene, benzo[a]anthracene, chrysene, enzo[b]fluoranthene, benzo[k]fluoranthene, benzo[a]pyrene, indeno[1,2,3-cd]pyrene, dibenzo[a,h]anthracene and benzo[ghi]perylene

  2. Sum of the 7 congeners according to the Institute for Reference Materials and Measurements, IUPAC No 28, 52, 101, 118, 138, 153 and 180

  3. Toxic equivalency as recommended by the World Health Organisation (WHO) following a consultation of experts in 2005. Reference: Martin van den Berg et al. (2006) The 2005 World Health Organization Re-evaluation of Human and Mammalian Toxic Equivalency Factors for Dioxins and Dioxin-Like Compounds. Toxicological science93(2):223–241; https://doi.org/10.1093/toxsci/kfl055 .

2.2.2.3 Materials obtained by pyrolysis or gasification (CMC 14)

1 The pollutant content of materials obtained by pyrolysis or gasification may not exceed the following limit values:

Pollutant

Limit value in milligrams per kilogram of dry matter

Arsenic (As)

13

Cadmium (Cd)

0.7

Chromium (Cr)

70

Copper (Cu)

70

Mercury (Hg)

0.4

Nickel (Ni)

25

Lead (Pb)

45

Zinc (Zn)

200

2 The organic pollutant content of materials obtained by pyrolysis or gasification may not exceed the following limit values:

Pollutant

Limit value

Polycyclic aromatic hydrocarbons(PAH)

4 milligrams per kilogram of dry matter1

Polychlorinated biphenyls (PCB)

0.2 milligrams per kilogram of dry matter2

Dioxine (PCDD) and Furane (PCDF)

20 nanograms WHO2005-TEQ per kilogram of dry matter3

  1. Sum of the following 16 PAH compounds on the EPA priority pollutants list: napthalene, acenaphthylene, acenaphthene, fluorene, phenanthrene, anthracene, fluoranthene, pyrene, benzo[a]anthracene, chrysene, enzo[b]fluoranthene, benzo[k]fluoranthene, benzo[a]pyrene, indeno[1,2,3-cd]pyrene, dibenzo[a,h]anthracene and benzo[ghi]perylene. Determined by means of two-hour reflux extraction with toluene.

  2. Sum of the 7 congeners according to the Institute for Reference Materials and Measurements), IUPAC No 28, 52, 101, 118, 138, 153 and 180. Determined by means of six-hour Soxhlet extraction with toluene or accelerated solvent extraction.

  3. Toxic equivalency as recommended by the World Health Organisation (WHO) following a consultation of experts in 2005. Referenz: Martin van den Berg et al. (2006) The 2005 World Health Organization Reevaluation of Human and Mammalian Toxic Equivalency Factors for Dioxins and Dioxin-Like Compounds. Toxicological science 93(2):223–241; https://doi.org/10.1093/toxsci/kfl055 . Determined by means of 20-hour Soxhlet extraction with toluene or accelerated solvent extraction.

3 Use

3.1 Principles

1 Any person who uses fertilisers must give due consideration to:

  1. the nutrients present in the soil and the nutrient requirements of plants (recommendations on fertiliser application);

  2. the site (vegetation, topography and soil conditions);

  3. meteorological conditions;

  4. limits ordered or agreed under legislation on water protection, nature and cultural heritage protection or environmental protection.

2 Any person who has supplies of farm manure may only use recycling or inorganic fertilisers if the farm manure is insufficient or not suitable for meeting the nutrient requirements of the plants concerned.

3 Inputs of pollutants to agricultural soils must be avoided as far as possible.

3.2 Restrictions

3.2.1 Nitrogenous fertilisers and fluid fertilisers

1 Use of nitrogenous fertilisers is only permitted during periods when plants can absorb nitrogen. If the particular crop production conditions require fertiliser treatment outside these periods, use of such fertilisers is only permitted if they pose no risk to water quality.

2 Use of fluid fertilisers is only permitted if the soil has the necessary absorption capacity. In particular, they must not be used when the soil is waterlogged, frozen, snow-covered or dried-out.

3.2.2 Compost and digestate

1 It is permitted to use, over a three-year period, up to 25 tonnes of compost or solid digestate (based on dry matter) or 200 m3 liquid digestate per hectare as fertiliser provided the plants’ nitrogen and phosphorus requirements are not exceeded.

2 It is permitted to use, over a ten-year period, up to 100 tonnes of soil improvers with a Corg content of over 7.5 %, compost or solid digestate per hectare for soil improvement, as a substrate, for erosion protection, for recultivation purposes or for artificial topsoil mixtures.

3.2.3 Residues from small wastewater treatment plants and from non agricultural sealed cesspools

1 Residues from non-agricultural wastewater treatment plants with a maximum of 200 population equivalents and from non-agricultural sealed cesspools may be used on forage areas in remote or poorly accessible locations outside the groundwater protection zones if an authorisation is granted by the cantonal authority.

2 Without prejudice to the provisions of Number 3.3, they must not be used on vegetable plots or added to slurry pits.

3.2.4 Materials obtained by pyrolysis

The maximum permitted spread of materials obtained by pyrolysis or gasification in one year amounts to 1 t per hectare and 10 t per hectare over twenty years.

3.3 Prohibitions and exceptions

3.3.1 Prohibitions

1 It is prohibited to use fertilisers:

  1. in areas designated as nature reserves under federal or cantonal legislation, in the absence of relevant regulations or agreements to the contrary;

  2. in reed beds and mires, where these are not already covered by provisions referred to in letter a;

  3. in hedges and copses and in a 3m-wide strip alongside hedges and copses;

  4. in surface waters and in a 3m-wide strip alongside surface waters, whereby the strip alongside watercourses for which a space for waters has been specified in accordance with Article 41a WPO156 or for which a space for waters has been expressly dispensed with under 41a paragraph 5 WPO is measured from the shore line, and in the case of other watercourses and standing waters from the top edge of the bank in accordance with the buffer strip information sheet «Measuring and managing buffers strips correctly», KIP/PIOCH 2009157;

  5. in groundwater protection zone S1.

2 It is prohibited to use liquid farm manure and recycling fertilisers in groundwater protection zones S2 and Sh.

3 With regard to the use of fertilisers in the areas of contribution Zu and Zo, the cantonal authority shall specify restrictions going beyond those listed in paragraphs 1 and 2 if this is necessary to ensure water protection.

4 It is prohibited to use sewage sludge.

5 It is prohibited to use fertilisers in forests and in a 3 m strip alongside the stand of trees.

3.3.2 Exceptions

1 Notwithstanding the prohibition specified in Number 3.3.1 paragraph 2, the cantonal authority may permit the spreading of a maximum of 20m3 liquid farm manure and recycling fertilisers per hectare in groundwater protection zone S2 up to three times per growing season, at appropriate intervals, if the nature of the soil is such that no pathogenic microorganisms can enter the groundwater well or recharge facility.

2 Notwithstanding the prohibition specified in Number 3.3.1 paragraph 5 and without prejudice to Number 3.3.1 paragraphs 1–4, the application of fertilisers in forests and in a 3m-wide strip alongside the stand of trees outside groundwater protection zones may be authorised (Art. 4–6) for:

  1. the use of compost, solid digestate and inorganic fertilisers:

    1. in forest nurseries,

    2. during afforestation or reforestation and for sowing,

    3. to promote the development of plant cover on forestry road verges and for bioengineering,

    4. on small areas within the framework of scientific trials;

  2. the spreading of farm manure, compost, solid digestate and non-nitrogenous inorganic fertilisers on wooded pastures.

4 Analyses carried out by the authorities

1 At appropriate intervals, the FOEN shall carry out analyses to determine the PAH, dioxin and furan content of compost and digestate. It shall publish a summary of the findings and communicate them in advance to the cantonal authority, the FOAG and the owners of the composting or fermentation plants and the person placing the analysed growing media on the market.

2 The cantonal authorities shall identify the cause of any exceedance of the guide values specified in Number 2.2.1.10 paragraph 3 and ensure that compost and digestate are not supplied if their use could endanger soil fertility.

(Art. 3)

De-icing products

1 Definition

De-icing products are substances and preparations used to combat ice and slippery snow and containing more than 10% of de-icing substances by mass.

2 Supply

It is prohibited to supply de-icing products containing de-icing substances other than:

  1. sodium chloride, calcium chloride or magnesium chloride;

  2. urea;

  3. biodegradable lower alcohols;

  4. sodium formate or potassium formate;

  5. sodium acetate or potassium acetate;

  6. molasses from sugar production and equivalent products from other processes that contain carbohydrates.

3 Use

3.1 Restrictions

1 It is prohibited to use de-icing products containing de-icing substances other than those specified in Number 2.

2 De-icing products containing substances as specified in Number 2 letters b, c or e are only to be used at airfields.

3 De-icing products containing substances as specified in Number 2 letter d are only to be used at airfields and on footpaths that border green areas.

4 De-icing products containing substances as specified in Number 2 letter f are only to be used as brine additives and only:

  1. on motorways, if:

    1. the brine is spread mechanically using brine or pre-wetted salt technology, and

    2. its dissolved organic carbon (DOC) is readily biodegradable and its pre-wetted salt content does not exceed 20 grams per kilogram by mass when using brine technology, and 10 grams per kilogram by mass when using pre-wetted salt technology;

  2. on other road surfaces, if:

    1. the brine is spread mechanically using pre-wetted salt technology, and

    2. its dissolved organic carbon (DOC) is readily biodegradable and its pre-wetted salt content does not exceed 10 grams per kilogram by mass.

3.2 Exemptions

The FOEN may permit certain users to use de-icing products containing de-icing substances other than those specified in Number 2 for purposes of suitability testing. Authorisation is granted for a period of no more than three months. It may be renewed.

3.3 Use by public services for winter road treatment

1 As far as appropriate, snow-covered roads must be cleared mechanically before use is made of de-icing products.

2 De-icing products are only to be used by public services for winter road treatment:

  1. if mechanical spreaders are deployed which ensure uniform application;

  2. for preventive purposes in critical weather conditions and only on motorways and at exposed sites.

3 With regard to public roads, paths and squares, the cantons shall ensure that it is defined when, where and how de-icing products must be applied or other methods must be used to combat ice and slippery snow.

(Art. 3)

Paints and varnishes

1 Definitions

1Cadmium-containing paints and varnishes are paints and varnishes containing cadmium or cadmium compounds and with a cadmium content of 0.01% or more by mass.

2Lead-containing paints and varnishes are paints and varnishes containing lead or lead compounds and with a lead content of 0.01% or more by mass.

2 Prohibitions

1 It is prohibited for manufacturers to place on the market cadmium-containing paints and varnishes, or articles treated with such paints and varnishes.

2 It is prohibited for manufacturers to place on the market lead-containing paints and varnishes, or articles treated with such paints and varnishes.

3 The placing on the market of packaging and packaging components treated with cadmium- or lead-containing paints or varnishes is governed by Annex 2.16 Number 4.

3 Exceptions

1 The prohibition specified in Number 2 paragraph 1 does not apply to the placing on the market of:

  1. paints and varnishes with a zinc content of 10% or more by mass, provided that the content of cadmium or cadmium compounds by weight does not exceed 0.1% cadmium;

  2. articles treated with paints or varnishes as specified in letter a.

2 Without prejudice to Annex 1.17, the prohibition specified in Number 2 paragraph 2 does not apply to:

  1. the import of paints and varnishes for the treatment of articles which are exported in their entirety;

  2. the import of articles which are only finished or repackaged in Switzerland and then re-exported in their entirety;

  3. the placing on the market of paints and varnishes for the treatment of articles as specified in paragraph 3.

3 Without prejudice to Annex 2.16 Numbers 5 and 7 paragraphs 2 and 3 and Annex 2.18 Numbers 3 and 8, the prohibition specified in Number 2 paragraph 2 does not apply to the placing on the market of vehicles, electrical and electronic equipment and the components of such equipment and vehicles treated with paints or varnishes.

4 Transitional provisions

Manufacturers may continue to place on the market paints and varnishes or articles treated with such paints and varnishes until 31 July 2006.

(Art. 3)

Plastics, their monomers and additives

1 Microplastics

1.1 Definitions

1 Synthetic polymer microparticles (microplastics) are solid polymers that fulfil the following conditions:

  1. they are contained in particles and make up at least 1 per cent by mass of these particles or form a continuous surface coating on particles; and

  2. at least 1 per cent by mass of the particles referred to in letter a fulfils one of the following conditions:

    1. all dimensions of the particles are equal to or smaller than 5 mm,

    2. the length of the particles is equal to or less than 15 mm and the ratio of length to diameter is greater than 3.

2 A solid is a substance that is neither a gas in accordance with paragraph 3 nor a liquid in accordance with paragraph 4.

3 A gas is a substance or preparation that has a vapour pressure of more than 300 kPa absolute at 50°C or is completely gaseous at 20°C and a standard pressure of 101.3 kPa.

4 A liquid is a substance or preparation that fulfils any one of the following conditions:

  1. the substance or preparation has a vapour pressure of not more than 300 kPa at 50°C, is not completely gaseous at 20 °C and a standard pressure of 101.3 kPa and has a melting point or onset of melting of 20 °C or less at a standard pressure of 101.3 kPa;

  2. the substance or preparation fulfils the criteria of standard D 4359-90158;

  3. the substance or preparation passes the test using the penetrometer method to determine the flow behaviour in accordance with Annex A Part 2 Chapter 2.3.4 of the Agreement of 30 September 1957159 on the International Carriage of Dangerous Goods by Road (ADR).

5 The following are not considered microplastics:

  1. polymers which are the result of a polymerisation process that has taken place in nature, independent of extraction processes and which are not chemically modified substances;

  2. polymers that do not contain carbon atoms in their chemical structure;

  3. polymers that are degradable;

  4. polymers with a water solubility of more than 2g/L.

6 The authorised test methods and the criteria to be met to demonstrate degradability in accordance with paragraph 5 letter c are based on the following:

  1. Annex II Part II CMC 9 point 2 of Regulation (EU) 2019/1009160 for polymers that serve as coating agents in fertilisers in accordance with Annex 2.6 point 1 or increase water retention capacity or wettability;

  2. Annex XVII Appendix 15 of Regulation (EC) No 1907/2006 for all other polymers.

7 The authorised test methods for the detection of water solubility in accordance with paragraph 5 letter d are based on Annex XVII Appendix 16 of Regulation (EC) No. 1907/2006161.

8 The FOEN shall adapt paragraph 6 letter a to amendments to Annex II Part II CMC 9 Number 2 of Regulation (EU) 2019/1009, paragraph 6 letter b to amendments to Annex XVII Appendix 15 of Regulation (EC) No 1907/2006 and paragraph 7 to amendments to Annex XVII Appendix 16 of Regulation (EC) No 1907/2006.

9 A make-up product is any substance or preparation intended to come into external contact with human skin, eyebrows or eyelashes in order to change their appearance.

1.2 Prohibition

It is prohibited to place on the market microplastics and preparations with a microplastic content of 0.01 per cent or more by mass if the microplastic is used to give the preparation a desired property.

1.3 Exceptions

1 The prohibition specified in Number 1.2 does not apply to:

  1. products for analysis and research purposes;

  2. foodstuffs in accordance with Article 4 of the Foodstuffs Act of 20 June 2014 (FSA)162;

  3. feed in accordance with Article 3 paragraph 1 of the Feedstuffs Ordinance of 26 October 2011 (FeedO)163;

  4. medicinal products in accordance with Article 4 paragraph 1 letter a of the Therapeutic Products Act of 15 December 2000 (TPA)164;

  5. fertilisers that are growing media of category PFC 4 and contain microplastics in accordance with Annex II Part II CMC 9 point 1 letter c of Regulation (EU) 2019/1009.

2 The prohibition specified in Number 1.2 does not apply to the placing on the market of microplastics and preparations containing microplastics if:

  1. these are intended for use in industrial plants;

  2. the microplastic is contained by technical means in such a way that release into the environment is prevented when used as intended;

  3. the microplastic permanently changes its physical properties during its intended use in such a way that the polymer no longer falls under Number 1.1 paragraph 1;

  4. the microplastic is embedded in a solid matrix in which it remains permanently while in use.

1.4 …

1.5 Duty to provide information to the enforcement authority

Any person who claims that microplastics or preparations containing microplastics are not considered to be microplastics on the basis of Number 1.1 paragraph 5 must on request submit to the cantonal authority:

  1. documents that provide information on the specific identity of the polymer in accordance with Number 1.1 paragraph 5 letters a or b;

  2. documents proving the degradability of the polymer specified in Number 1.1 paragraph 5 letter c in accordance with the requirements of Number 1.1 paragraph 6;

  3. documents proving the water solubility of the polymer specified in Number 1.1 paragraph 5 letter d in accordance with the requirements of Number 1.1 paragraph 7.

1.6 Determination of the content by mass of microplastics

If the content by mass of microplastics in a preparation cannot be determined using the available analytical methods or accompanying documentation, only the particles that are at least the following size shall be taken into account to verify compliance with the content by mass specified in Number 1.2:

  1. 0.1μm for one dimension for particles where all dimensions are equal to or smaller than 5mm;

  2. 0.3μm for the length for particles with a length equal to or less than 15mm and a length to diameter ratio greater than 3.

2 Oxo-degradable plastics

2.1 Definition

An oxo-degradable plastic is a plastic that contains additives that cause chemical degradation or decomposition of the plastic into microplastics through oxidation.

2.2 Prohibitions

It is prohibited to place on the market and use oxo-degradable plastics.

3 Foams

3.1 Aerosol dispensers

For aerosol dispensers used to produce foams, Annex 2.12 applies.

3.2 Prohibitions

1 It is prohibited to manufacture, place on the market and use foams and articles containing foams in the manufacture of which ozone-depleting substances as defined in Annex 1.4 number 1 paragraph 1 are used.

2 It is prohibited to manufacture, place on the market and use foams and articles containing foams in the manufacture of which substances stable in the atmosphere in accordance with Annex 1.5 number 1 paragraph 1 are used.

3 It is prohibited to manufacture, place on the market and use foams and articles containing foams that are manufactured using hydrofluorocarbons (HFOs) and substances that are neither ozone-depleting nor stable in the atmosphere.

3.3 Exceptions

1 The prohibitions under Number 3.2 paragraph 1 do not apply if:

  1. no state-of-the-art alternative is available for the substances that deplete the ozone layer or for preparations and articles manufactured with such substances;

  2. the substances used that deplete the ozone layer have an ozone depletion potential of no more than 0.0005;

  3. the quantity of substances used that deplete the ozone layer is not more than is required according to the state of the art for the intended purpose; and

  4. the emissions of substances that deplete the ozone layer are kept as low as possible throughout the life cycle of the intended use, in particular during the disposal of wastes from foams and from substances that deplete the ozone layer contained therein.

2 The prohibitions specified in Number 3.2 paragraph 2 do not apply if:

  1. according to the state of the art, the necessary thermal insulation cannot be obtained using other materials;

  2. the quantity and the global warming potential of the substances stable in the atmosphere being used are no greater than is required for the intended purpose according to the state of the art; and

  3. emissions of substances stable in the atmosphere are kept as low as possible throughout the life cycle of the intended use, in particular during the disposal of wastes from foams and from substances stable in the atmosphere contained therein.

3 The FOEN may grant a temporary exemption from the prohibitions specified in Number 3.2 paragraph 2 on justified application if:

  1. no state-of-the-art alternative is available for the substances stable in the atmosphere or for the preparations and articles manufactured using such substances;

  2. the quantity and the global warming potential of the substances stable in the atmosphere being used are no greater than is required for the intended purpose according to the state of the art; and

  3. emissions of substances stable in the atmosphere are kept as low as possible throughout the life cycle of the intended use, in particular during the disposal of wastes from foams and from substances stable in the atmosphere contained therein.

4 …165

5 After consulting the sector concerned and the cantonal authorities responsible for enforcing this Ordinance, the FOEN shall issue recommendations on the state of the art in accordance with paragraphs 1–4.

3.4 Special labelling

1 Manufacturers of foams must inform the purchasers about the foam-blowing agents contained in the foam by providing their chemical or recognised industrial name on a label or in another equivalent written form.

2 For foams manufactured using substances listed in Annex I or II of Regulation (EU) 2024/573166, the labelling must clearly indicate that the foams contain fluorinated greenhouse gases. In the case of foam elements and coated panels, this must be clearly and permanently indicated on the panels.

3.5 Reporting requirements

Manufacturers of foams manufactured using substances stable in the atmosphere must inform the FOEN, if so requested, of:

  1. the type and quantity of foams supplied in Switzerland during the previous three years, classified by origin (imported or manufactured in Switzerland);

  2. the type and quantity of substances stable in the atmosphere contained in the foams supplied.

4 Monomers

4.1 Prohibitions

It is prohibited to place on the market and use acrylamide (CAS No 79-06-1) and substances and preparations with a content by mass of 0.1 per cent or more acrylamide for sealing applications.

4.2 Special labelling

Preparations with a methylenediphenyl diisocyanate content of 0.1 per cent or more by mass and intended for supply to the general public must be labelled as follows: ‘Persons already sensitised to diisocyanates may develop allergic reactions when using this product. - Persons suffering from asthma, eczema or skin problems should avoid contact, including dermal contact, with this product. - This product should not be used under conditions of poor ventilation unless a protective mask with an appropriate gas filter (i.e. type A1 according to standard EN 14387) is used.’

4.3 Special packaging

The packaging of a preparation containing methylenediphenyl diisocyanate in a concentration of 0.1% or more by mass intended for supply to the general public must contain protective gloves to protect users from category III risks in accordance with Annex I to Regulation (EU) 2016/425167. This does not apply to packaging for hot melt adhesives.

5 Additives containing heavy metals

5.1 Definitions

PVC is defined as polymers and copolymers of vinyl chloride.

5.2.1 Plastic packaging containing heavy metals

Annex 2.16 number 4 applies to plastic packaging containing heavy metals.

5.2.2 Prohibitions

1 It is prohibited to manufacture and place on the market preparations or articles containing plastics if the cadmium content in preparations is 0.01 per cent by mass or more and in articles 0.01 per cent by mass or more in the plastic.

2 It is prohibited to manufacture and place on the market preparations or articles containing PVC if the lead content in preparations is 0.1 per cent by mass or more and in articles 0.1 per cent by mass or more in the PVC.

5.3 Exceptions

The prohibitions specified in Number 5.2.2 do not apply to:

  1. recycled PVC if:

    1. cadmium and lead are exclusively attributable to the recycling of the PVC waste and are not added as a component in the manufacturing process, and

    2. the recycled PVC is intended for the manufacture of articles made of PVC that may be placed on the market.

  2. articles containing recycled PVC if their cadmium content does not exceed 0.1 per cent by mass in the homogeneous material in the following rigid PVC applications:

    1. profiles and rigid PVC sheets for building applications,

    2. doors, windows, shutters, walls, blinds, fences, and roof gutters,

    3. floor and terrace coverings,

    4. cable guides,

    5. pipes for non-drinking water if the recycled PVC is used in the middle layer of a multilayer pipe and is entirely covered with a layer of newly produced PVC.

5.4 Duty to provide information to the enforcement authority

Any person who places an article in accordance with Number 5.3 letter b on the market must submit documents to the cantonal authority on request that document the quantity and origin of recycled PVC in the article and prove compliance with the respective requirements for placing the article on the market, in particular by means of a certificate based on the technical specifications of the standard SN EN 15343:2008168.

6 Polycyclic aromatic hydrocarbons as by-products in plastics

6.1 Definitions

1 Tyres in accordance with number 6 are tyres for vehicles of the following classes:

  1. Class M, N or O in accordance with Article 4 paragraph 1 of Regulation (EU) 2018/858169;

  2. Class T, R or S in accordance with Article 4 of Regulation (EU) No 167/2013170;

  3. Classes L1e-L7e in accordance with Article 4 of Regulation (EU) No 168/2013171.

6.2.1 Toys and articles for infants and toddlers

The Foodstuffs and Utility Articles Ordinance of 16 December 2016172 applies to toys and articles for infants and young children that contain polycyclic aromatic hydrocarbons in accordance with Number 6.2.2 paragraph 1 letter b.

6.2.2 Prohibitions

1 It is prohibited to place on the market and use extender oils for the manufacture of tyres or tyre components if these oils contain:

  1. more than 1mg/kg benzo[a]pyrene;

  2. in total more than 10 mg per kilogram of the following polycyclic aromatic hydrocarbons:

    1. benzo[a]pyrene (CAS No 50-32-8)

    2. benzo[e]pyrene (CAS No 192-97-2)

    3. benzo[a]anthracene (CAS No 56-55-3)

    4. chrysene (CAS No 218-01-9)

    5. benzo[b]fluoranthene (CAS No 205-99-2)

    6. benzo[j]fluoranthene (CAS No 205-82-3)

    7. benzo[k]fluoranthene (CAS No 207-08-9)

    8. dibenzo[a,h]anthracene (CAS No 53-70-3).

2 It is prohibited to place on the market tyres and treads for retreading if they contain extender oils that exceed the limit values specified in paragraph 1.

3 The test and analysis methods for determining the limit values in accordance with paragraphs 1 and 2 are based on Annex XVII, entry 50 of Regulation (EC) No. 1907/2006.

4 It is prohibited to place on the market articles consisting wholly or partly of plastics containing more than 1 mg of a polycyclic aromatic hydrocarbon as defined in paragraph 1 letter b per kilogramme of plastic if:

  1. the articles are intended for supply to the general public, and

  2. a component containing a polycyclic aromatic hydrocarbon comes into direct, prolonged or repeated contact with the human skin or oral cavity for a short period of time during normal or reasonably foreseeable use of the article; this applies in particular to

    1. sports equipment such as bicycles, golf clubs, racquets

    2. household appliances, vehicles fitted with wheels, walking aids

    3. tools for private use

    4. clothing, shoes, gloves and sportswear

    5. watchstraps, wristbands, masks, headbands.

5 It is prohibited to place on the market and use plastic granules and litter containing more than 20 mg per kilogramme of the polycyclic aromatic hydrocarbons referred to in paragraph 1 letter b which are intended for use as bedding material for artificial turf pitches or as loose bulk material on playgrounds or sports fields.

6.3 Special labelling

Plastic granulate or crumb placed on the market for use as infill material for artificial turf fields or as loose bulk material on playgrounds or sports fields must have a batch number that clearly identifies the batch. The batch number must be indicated on the packaging or in another appropriate form.

7 Transitional Provisions

1 The prohibition on placing on the market specified in Number 1.2 does not apply to:

  1. the following products if they were first placed on the market before the dates below:

Number

Products

Date

1

Cosmetic products to be rinsed out or rinsed off in accordance with Article 53 of the Foodstuffs and Utility Articles Ordinance of 16 December 2016173 (FUAO) with the exception of products containing microplastics for exfoliation, polishing or cleaning (microbeads) or products specified in Number 5

17 October 2027

2

Textile detergents, cleaning agents, waxes, polishes and air fresheners with the exception of products containing microbeads or products specified in Number 5

17 October 2028

3

Fertilisers in accordance with Annex 2.6 number 1 of this Ordinance

17 October 2028

4

Products for agricultural or horticultural uses not covered by points 3 or 8

17 October 2028

5

Products that contain microplastics to encapsulate fragrances

17 October 2029

6

Cosmetic products in accordance with Article 53 FUAO that remain on the skin/hair, with the exception of products specified in in Number 10

17 October 2029

7

Medical devices in accordance with Article 4 paragraph 1 letter b of the Therapeutic Products Act of 15 December 2000174 (TPA) with the exception of products containing microbeads

17 October 2029

8

Plant protection products in accordance with Article 2 paragraph 1 of the Plant Protection Products Ordinance of 12 May 2010175 (PPPO) and seeds treated with such products as well as biocidal products in accordance with Article 2 paragraph 1 letter a of the Biocidal Products Ordinance of 18 May 2005176 (BPR)

17 October 2031

9

Infill granules for synthetic sports surfaces

17 October 2031

10

Lip and nail products and make-up products in accordance with Article 53 FUAO with the exception of products containing microbeads or products specified in Numbers 5 or 1

17 October 2035

  1. all other products that were placed on the market for the first time before 1 June 2026.

2 Any person who places a preparation in accordance with paragraph 1 letter a on the market must, on request, submit to the competent cantonal authority documentation on the function of the microplastics in the preparation that demonstrates compliance with the relevant requirements for placing the preparation on the market.

3 The prohibitions specified in Number 2.2 do not apply to the placing on the market and use of oxo-degradable plastics that were first placed on the market before 1 October 2022.

4 If an alternative is available for foams and articles containing foams that were authorised for use on the basis of Number 3.3 paragraphs 1, 2 or 4 due to a change in the state of the art, these foams and articles may continue to be manufactured, imported for professional or commercial purposes for 12 months and supplied to third parties for a further 6 months.

5 Until 30 November 2026, labelling in accordance with Number 4 paragraph 1 of the previous law is permitted instead of labelling in accordance with Number 3.4.

6 The prohibitions on manufacturing and placing on the market in accordance with Number 5.2.2 paragraph 2 do not apply to:

  1. the following articles containing recycled rigid PVC if their lead content does not exceed 1.5% by mass, insofar as the lead is attributable to recycled PVC and provided the articles were first placed on the market before 29 May 2033:

    1. profiles and panels for exterior applications in building and civil engineering structures, except for decks and terraces,

    2. profiles and sheets for decks and patios, provided that the recycled PVC is used in a middle layer and is completely covered with a layer of PVC or other material containing less than 0.1 per cent lead by mass,

    3. profiles and panels for use in concealed areas or cavities in buildings and civil engineering structures, provided they are not accessible during normal use, except for maintenance purposes,

    4. profiles and panels for indoor use in buildings, provided that the entire surface of the profile or panel facing the occupied areas of a building after installation is made of PVC or another material containing less than 0.1 per cent lead by mass,

    5. multilayer pipes other than drinking water pipes, provided that the recycled PVC is used in a middle layer and is completely covered with a layer of PVC or other material containing less than 0.1% lead by mass, unless after 31 October 2027 the recycled PVC originates from profiles and sheets referred to in points 1-4 with a lead content of 0.1% or more by mass,

    6. fittings, with the exception of fittings for drinking water pipes, unless after 31 October 2027 the recycled PVC originates from profiles and sheets in accordance with Numbers 1-4 with a lead content of 0.1% or more by mass;

  2. PVC-silicon separators in lead batteries if they were first placed on the market before 29 May 2033;

  3. all other articles and preparations if they were first placed on the market before 1 December 2026.

7 The transitional provision in accordance with paragraph 6 letter a applies subject to the reservation that the articles bear the following special labelling from 1 December 2026: ‘Contains ≥ 0.1 % lead’. If the labelling cannot be affixed to the article due to its nature, it must be indicated on its packaging.

8 Any person who places an article in accordance with paragraph 6 letter a on the market must, on request, provide the cantonal authority with documentation proving the quantity and origin of recycled PVC in the article and demonstrating compliance with the relevant requirements for placing the article on the market, in particular by means of certificates based on the technical specifications of standard SN EN 15343:2008177.

(Art. 3)

Refrigerants

1 Definitions

1Refrigerants are substances and preparations which, in appliances or systems, transport heat from a lower to a higher temperature.

2Ozone-depleting refrigerants are refrigerants containing substances that deplete the ozone layer (Annex 1.4).

3Refrigerants stable in the atmosphere are refrigerants containing substances stable in the atmosphere (Annex 1.5).

4 A system comprises all refrigeration circuits used for one and the same application: it may comprise one or more chillers. The term «chiller» refers to a compact cooling system with one or more refrigeration circuits.

5 Any non-minor modification of the cooling part of existing systems is deemed to be equivalent to placing systems on the market. Significant modifications of the cooling part of existing systems are not deemed to be equivalent to placing on the market if the modification achieves a significant increase in energy efficiency or, through material savings, avoids significant greenhouse gas emissions.

6 An appliance is a plug-in cooling system not permanently connected to refrigerant or thermal distribution piping. Fixed appliances are classified as appliances rather than as systems.

7Medium temperature cooling is the cooling of foodstuffs or perishable goods where the working temperature is not lower than 0 °C or if no freezing occurs.

8Low temperature cooling is the cooling of foodstuffs or perishable goods where the working temperature is not lower than –25 °C.

9Deep cooling is the cooling of foodstuffs or perishable goods where the working temperature is lower than –25 °C.

10 The cooling capacity of a system is its effective cooling capacity at peak consumption where the system design corresponds to the state of the art.

2 Manufacture, placing on the market, import and export

2.1 Prohibitions

1 It is prohibited to manufacture, place on the market, import on a private basis or export:

  1. ozone-depleting refrigerants with an ozone depletion potential greater than 0.0005;

  2. appliances or systems using ozone-depleting refrigerants.

2 It is prohibited to manufacture or place on the market, or to import on a private basis, the following appliances and systems using a refrigerant stable in the atmosphere:

  1. household refrigerators and freezers for cooling foodstuffs or perishable goods;

  2. devices used to cool or heat spaces;

  3. devices used to cool or heat processes, including dehumidification and drying;

  4. mobile air conditioning systems used in motor vehicles, rail vehicles or ships;

  5. mobile refrigeration systems for the transport of foodstuffs or perishable goods.

3 It is prohibited to place on the market the following stationary systems which are operated using a refrigerant which is stable in the atmosphere:

  1. air conditioning systems for cooling buildings:

    1. with a cooling capacity of more than 400 kW,

    2. where the refrigerant used in the system that is stable in the atmosphere has a global warming potential of more than 2100, or

    3. with one outdoor and one indoor unit (monosplit air conditioning systems) and a filling capacity of less than 3 kg per refrigerant circuit, where the refrigerant used that is stable in the atmosphere has a global warming potential or 750 or more;

  2. cooling systems in commerce and industry for cooling foodstuffs or perishable goods by:

    1. low temperature or deep cooling with a cooling capacity of more than 30 kW, or

    2. medium temperature cooling with a cooling capacity of more than 40 kW, or

    3. low temperature or deep cooling with a cooling capacity of more than 8 kW, where the low temperature or deep cooling can be combined with medium temperature cooling, or

    4. medium temperature, low temperature or deep cooling, where

    5. i. the refrigerant used in the system that is stable in the atmosphere has a global warming potential of more than 1500, or

    6. ii. the system is self-contained and the refrigerant used that is stable in the atmosphere has a global warming potential of 150 or more;

  3. industrial cooling systems for process cooling and any other cooling applications:

    1. with a cooling capacity of more than 400 kW, or

    2. where, at a cooling capacity of no more than 100 kW, the refrigerant used that is stable in the atmosphere has a global warming potential of more than 2100, or

    3. where, at a cooling capacity of more than 100 kW, the refrigerant used that is stable in the atmosphere has a global warming potential of more than 1500;

  4. heat pumps for local and district heating:

    1. with a cooling capacity of more than 600 kW,

    2. where the refrigerant used in the system that is stable in the atmosphere has a global warming potential of more than 2100, or

    3. with one outdoor and one indoor unit (monosplit heat pump) and a filling capacity of less than 3 kg per refrigerant circuit, where the refrigerant used that is stable in the atmosphere has a global warming potential of 750 or more;

  5. ice rinks:

    1. permanent ice rinks,

    2. temporary systems, if the refrigerant used that is stable in the atmosphere has a global warming potential of more than 4000.

4 It is prohibited to place on the market refrigerating systems which are operated using a refrigerant stable in the atmosphere and which are not fitted with a secondary refrigerant circuit if they:

  1. use at least three evaporator units and have a cooling capacity of more than 80 kW;

  2. use more than 40 evaporator units; or

  3. are self-contained and the refrigerant used that is stable in the atmosphere has a global warming potential of 150 or more.

5 It is prohibited to place on the market systems featuring an air-cooled condenser which contain a refrigerant stable in the atmosphere with a global warming potential of more than 4,000, without prejudice to the maximum permissible global warming potentials specified in Number 2.1 paragraph 3.

6 It is prohibited to place on the market systems featuring an air-cooled condenser which have a cooling capacity of more than 100kW if they:

  1. contain per kW of cooling capacity:

    1. more than 0.18kg of a refrigerant stable in the atmosphere with a global warming potential of more than 1,900,

    2. more than 0.4kg of a refrigerant stable in the atmosphere with a global warming potential of 1,900 or less;

  2. have a waste heat recovery or free cooling system and contain per kW of cooling capacity:

    1. more than 0.22kg of a refrigerant stable in the atmosphere with a global warming potential of more than 1,900,

    2. more than 0.48kg of a refrigerant stable in the atmosphere with a global warming potential of 1,900 or less;

  3. are used for heating and cooling simultaneously, have at least two air heat exchangers, and contain more than 0.37kg per kW of cooling capacity of a refrigerant stable in the atmosphere with a global warming potential of more than 1,900.

7 It is prohibited to place on the market systems for medium temperature cooling, low temperature cooling or a combination of the two with a cooling capacity of more than 10kW, if they contain more than 2kg per kW of cooling capacity of a refrigerant stable in the atmosphere and are not fitted with technology to reduce the refrigerant content by at least 15%.

2.2 Exceptions

1 The prohibitions specified in Number 2.1 paragraphs 1 letter b and 2 letters a–c do not apply to appliances belonging to a private household or which are placed on the market on a private basis or imported or exported on a private basis.

2 The prohibitions specified in Number 2.1 paragraph 2 do not apply to appliances and systems if:

  1. no state of the art alternative is available;

  2. according to the state of the art, the refrigerant stable in the atmosphere with the lowest impact on the climate has been selected; and

  3. state-of-the-art measures have been taken to prevent refrigerant emissions.

3 For the refrigeration systems, cooling applications and heating systems referred to in Number 2.1 paragraph 3, each with an evaporation temperature below –50 °C, cascade systems may be placed on the market if:

  1. no state of the art alternative is available;

  2. according to the state of the art, the refrigerant stable in the atmosphere with the lowest impact on the climate has been selected; and

  3. state-of-the-art measures have been taken to prevent refrigerant emissions.

4 The prohibition specified in Number 2.1 paragraph 3 letter b number 4 does not apply to deep cooling systems where:

  1. deep cooling cannot be combined with medium temperature cooling;

  2. no state of the art alternative is available;

  3. according to the state of the art, the refrigerant that is stable in the atmosphere with the lowest impact on the climate has been selected; and

  4. state-of-the-art measures have been taken to prevent refrigerant emissions.

4bis The prohibitions specified in Number 2.1 paragraph 3 letter c numbers 2 and 3 do not apply to systems and cooling applications that each have an evaporation temperature below –90 °C if:

  1. according to the state of the art, no substitute is available;

  2. according to the state of the art, the refrigerant stable in the atmosphere with the lowest impact on climate has been selected; and

  3. state-of-the-art measures have been taken to prevent refrigerant emissions.

4ter The prohibition specified in Number 2.1 paragraph 4 letter c does not apply if:

  1. according to the state of the art, it would not be possible to comply with the following standards178 without the use of a refrigerant stable in the atmosphere that has a global warming potential of 150 or more:

    1. SN EN 378-1:2017+A1:2021, SN EN 378-2:2017 and SN EN 378-3:2017+A1:2021,

    2. SN EN IEC 60335-2-89:2022/A11:2022 and SN EN IEC 60335-2-89:2022/AC:2023,

    3. IEC 60335-2-40:2022 ED 7.0;

  2. according to the state of the art, the refrigerant stable in the atmosphere with the lowest impact on the climate has been selected; and

  3. state-of-the-art measures have been taken to prevent refrigerant emissions.

5 Existing systems lawfully placed on the market, which require authorisation to place them on the market, may be transferred to a third party for the areas of application specified in Number 2.1 paragraph 3 without a new authorisation, provided that they are not modified and their location is not changed.

5bis Existing systems lawfully placed on the market may be expanded with additional system components, provided that these meet the legal requirements specified in Number 2.1 regarding the type and filling capacity of the refrigerant and regarding secondary circuits, which apply to the placing on the market of a similar complete system.

6 The prohibition specified in Number 2.1 paragraph 1 letter b does not apply if:

  1. according to the state of the art, no substitute is available; and

  2. the refrigerant has an ozone depletion potential of no more than 0.0005; and

  3. state-of-the-art measures have been taken to prevent refrigerant emissions

7 …

8 On receipt of a justified request, the FOEN may grant an exemption from the prohibition specified in Number 2.1 paragraph 3 if:

  1. according to the state of the art, it would not be possible to comply with the following standards without the use of a refrigerant which is stable in the atmosphere:

    1. SN EN 378-1:2017+A1:2021, SN EN 378-2:2017 and SN EN 378-3:2017+A1:2021,

    2. SN EN IEC 60335-2-89:2022/A11:2022 and SN EN IEC 60335-2-89:2022/AC:2023,

    3. IEC 60335-2-40:2022 ED 7.0;

  2. according to the state of the art, the refrigerant stable in the atmosphere with the lowest impact on climate has been selected; and

  3. state-of-the-art measures have been taken to prevent refrigerant emissions.

9 With the agreement of the SECO, the FOEN may adapt paragraphs 4ter letter a and 8 letter a in the event of changes to the specified norms.

2.3 Operator and information obligations relating to exemptions

1 A system, which may only be placed on the market if an exemption has been granted for it as specified in Number 2.2 paragraph 8179, may only be operated if the operator of this system has first ascertained that this exemption is available.

2 Any person who places such a system on the market shall provide the operator of this system with a copy of the exemption free of charge.

2.4 Special labelling for professionals

1 Manufacturers of appliances and systems must provide on the appliance or system a clear indication of the types and quantities of refrigerants used.

2 For appliances and systems containing or designed to contain refrigerants which are listed in Annex I to Regulation (EU) No 517/2014180, the labelling must include the following information:

  1. the text «Contains fluorinated greenhouse gases»;

  2. the abbreviated chemical names for the substances contained or designed to be contained in the appliances or systems, using the industry nomenclature accepted for the area concerned;

  3. the quantity of the substances expressed in kilograms and in tonnes of CO2 equivalent, and the global warming potential of the refrigerant;

  4. the text «hermetically sealed», where applicable.

3 Manufacturers must label appliances and systems with the text «Foam blown with fluorinated greenhouse gases» if they:

  1. contain refrigerants stable in the atmosphere which are listed in Annex I to Regulation (EU) No 517/2014; and

  2. are insulated with foam blown with substances stable in the atmosphere which are listed in Annex I to Regulation (EU) No 517/2014 before being placed on the market.

2.5 Requirements for the supply of refrigerants

Refrigerants and systems already containing refrigerants where commissioning involves the performance of operations on the refrigerant circuit may only be supplied to persons who meet the requirements specified in Article 7 paragraph 1 letter b for the handling of refrigerants.

3. Use

3.1 Duty of care

Any person who handles or uses refrigerants, or appliances or systems containing refrigerants, must ensure that the refrigerants do not pose a risk to the environment, in particular:

  1. by preventing emissions of refrigerants; and

  2. by ensuring that wastes from such substances are appropriately disposed of.

3.2 Refilling with ozone-depleting refrigerants

3.2.1 Prohibition

It is prohibited to refill appliances or systems with ozone-depleting refrigerants.

3.2.2 Exceptions

1 The prohibition specified in Number 3.2.1 does not apply to refilling in systems placed on the market under the exemption specified in Number 2.2 paragraph 6.

2 Provided that it supports the safety of a nuclear power plant or another particularly complex system, an exemption granted under Annex 2.10 Number 3.2.2 of the ORRChem in the version of 1 July 2015181 may be extended if:

  1. for technical, operational or economic reasons, it is not possible to comply with the prohibition within the set deadline; and

  2. the applicant acquired the volume of refrigerant with regenerated partly halogenated chlorofluorocarbons for possible refilling before 1 January 2015.

3.3 Refilling systems with refrigerants stable in the atmosphere

3.3.1 Prohibitions

Refilling systems with refrigerants that are stable in the atmosphere that have a global warming potential of 2500 or more is prohibited.

3.3.2 Exceptions

The prohibition in number 3.3.1 does not apply to refilling:

  1. regenerated refrigerants that are stable in the atmosphere with a global warming potential of 2500 or more;

  2. non-regenerated refrigerants that are stable in the atmosphere with a global warming potential of 2500 or more in systems with a working temperature lower than –50°C, provided regenerated refrigerants are not available on the market for such systems;

  3. non-regenerated refrigerants that are stable in the atmosphere with a global warming potential of 2500 or more in systems that have been placed on the market in terms of an exemption granted in accordance with number 2.2 paragraph 8, provided regenerated refrigerants are not available on the market.

3.4 Leak checking and detection

1 The owners of the following appliances and systems must arrange for leak checking to be carried out regularly, but at least whenever an intervention or service is performed:

  1. appliances and systems containing more than 3kg of ozone-depleting refrigerants or refrigerants stable in the atmosphere;

  2. appliances and systems containing refrigerants stable in the atmosphere and whose charge size is more than 5 tonnes of CO2 equivalent;

  3. refrigeration and air conditioning systems used in motor vehicles and containing ozone-depleting refrigerants or refrigerants stable in the atmosphere.

2 If a leak is detected, the owner must arrange for the appliance or system to be repaired immediately.

3 Owners of systems that contain refrigerants stable in the atmosphere and have a filling capacity of 500 tonnes of CO2 equivalents or more must ensure that:

  1. the systems are fitted with a leak detection system that has an alert function;

  2. the leak detection system is checked at least once per year.

3.5 Maintenance log

1 Owners of appliances and systems containing more than 3kg of refrigerants must ensure that a maintenance log is kept.

2 The name of the owner of the appliance or system must appear on the maintenance log.

3 After each intervention or service, the specialist carrying out the work on the appliance or system must record the following information in the maintenance log:

  1. the date of the intervention or service;

  2. a brief description of the work performed;

  3. the result of the leak checking specified in Number 3.4;

  4. the quantity and type of refrigerant removed;

  5. the quantity and type of refrigerant used for refilling;

  6. the name of the company and the specialist's own name and signature.

4. Disposal

1 Refrigerants that are removed from an appliance or system and may no longer be refilled as specified in Number 3.2 or 3.3 are classified as special waste in accordance with the DETEC waste directory, which is based on Article 2 of the Ordinance of 22 June 2005182 on Movements of Waste.

2 Any person who receives appliances or systems containing refrigerants for disposal must remove the refrigerants contained and dispose of them separately and appropriately.

5. Reporting requirements

5.1 Principle

1 Any person who has commissioned or is commissioning or decommissioning a stationary system containing more than 3kg of refrigerants must report this to the FOEN within three months of commissioning or decommissioning.

2 The report must contain the following information:

  1. the date of commissioning or decommissioning;

  2. the name of the owner of the system and of the specialist company tasked with carrying out the commissioning or decommissioning, and of the specialist responsible;

  3. the type, location and cooling capacity of the system;

  4. the type and quantity of refrigerant that it contains;

  5. in the case of decommissioning: the person receiving the refrigerant;

  6. in addition, for systems used for heating or for heating and cooling: the energy source used and the thermal capacity of the installation if the installation was commissioned after 30 September 2022.

3 The owner must notify the FOEN immediately of any change in the location or cooling capacity of the system or changes to the type or quantity of the refrigerant.

4 On change of ownership, the new owner must notify the FOEN immediately of their name.

5 The specialist company shall draw the owner’s attention to the reporting requirements.

6 The FOEN shall issue numbers to identify the systems and notify the persons obliged to file a report thereof.

7 The person obliged to file a report must immediately display the number mentioned in paragraph 6 in a visible, legible and permanent way on the system.

8 The FOEN shall on request provide the Swiss Federal Office of Energy (SFOE) with the information mentioned in paragraph 2 letters a, c, d, and f.

5.2 Exception

Reporting under Number 5.1 is not required for systems serving the interests of national defence.

6. Recommendations

Following consultation with the relevant industry, the FOEN shall issue recommendations concerning:

  1. the state of the art as specified in Number 2.2 paragraphs 2, 4ter, 6 and 8;

  2. leak checking as specified in Number 3.4;

  3. the maintenance log as specified in Number 3.5.

7. Transitional provisions

1 The prohibitions specified in Number 2.1 paragraph 2 concerning the placing on the market and import on a private basis do not apply to household refrigerators and freezers, dehumidifiers or air conditioners manufactured before 1 January 2005.

2 If as specified in Number 3.3 in the version of 18 May 2005183, authorisation was granted for the construction of a stationary system with over 3kg of refrigerants which are stable in the atmosphere before 1 December 2013, the corresponding system may only be constructed until 31 December 2016.

3 For appliances and systems containing or designed to contain refrigerants stable in the atmosphere which are listed in Annex A to the Kyoto Protocol to the United Nations Framework Convention on Climate Change of 11 December 1997184 (Kyoto Protocol), labelling as specified in Number 2.3bis of the ORRChem in the version of 10 December 2010185 remains permitted until 31 May 2020.

4 Systems and appliances to which Number 2.2 paragraphs 2–4 and 6 do not apply because a change in the state of the art means that a substitute now exists may continue to be manufactured and imported for professional or commercial purposes for a period of six months and supplied to third parties for a further six-month period.

5 Systems that contain refrigerants stable in the atmosphere, have a filling capacity of 500 tonnes of CO2 equivalents or more and were brought into operation before 1 January 2025 may continue to be operated without a leak detection system until 31 December 2026.

(Art. 3)

Extinguishing agents

1 Definitions

1Ozone-depleting extinguishing agents are extinguishing agents containing substances that deplete the ozone layer (Annex 1.4).

2Extinguishing agents stable in the atmosphere are extinguishing agents containing substances stable in the atmosphere (Annex 1.5).

3 A system is equipment permanently installed in a building (stationary system) or on a vehicle (mobile system) which distributes the extinguishing agent by means of a pipe system to the places where a fire is being tackled.

4 The modification of existing systems is deemed to be equivalent to the placing on the market of systems.

5 An appliance is a portable fire extinguishing aid that does not have a permanently installed pipe system.

1bis Extinguishing agents containing per- and polyfluoroalkyl substances

For extinguishing agents containing PFOS or PFOA C9–C14-PFCA, PFHxS and their related substances, Annex 1.16 applies.

2 Placing on the market and import on a private basis

2.1 Prohibition

It is prohibited to place on the market or import on a private basis ozone-depleting extinguishing agents or extinguishing agents stable in the atmosphere, or appliances or systems containing such extinguishing agents.

2.2 Exceptions

The prohibitions specified in Number 2.1 do not apply to:

  1. the re-import of extinguishing agents for which there is proof that they were exported for recycling;

  2. the placing on the market of ozone-depleting extinguishing agents if the safety of persons in aeroplanes, in special armed forces vehicles or in nuclear installations is not sufficiently guaranteed according to the state of the art in fire prevention without the use of ozone-depleting extinguishing agents;

  3. the import of portable fire extinguishers containing extinguishing agents stable in the atmosphere for use in one's own vehicle;

  4. the placing on the market of extinguishing agents stable in the atmosphere and of equipment or installations containing such extinguishing agents if the safety of persons in aircraft, special-purpose military vehicles or nuclear installations cannot be adequately ensured without the use of extinguishing agents stable in the atmosphere; the FOEN may in other similar cases grant temporary exemptions for the owners of individual items of property.

3 Export

3.1 Prohibitions

It is prohibited to export:

  1. ozone-depleting extinguishing agents;

  2. waste from ozone-depleting extinguishing agents; and

  3. appliances and systems required for the use of ozone-depleting extinguishing agents.

3.2 Exceptions

Ozone-depleting extinguishing agents, together with appliances and systems required for the use of ozone-depleting extinguishing agents, may be exported for use in aircraft, in special purpose military vehicles and in nuclear installations if, according to the state of the art of fire prevention, the safety of persons cannot be adequately ensured without the use of ozone-depleting extinguishing agents.

3.3 Export licence

1 Any person wishing to export ozone-depleting extinguishing agents with a gross mass exceeding 20 kg must apply to the FOEN for an export licence.

2 The application must contain:

  1. the name and address of the applicant;

  2. the name and address of the foreign importer;

  3. the following information on each ozone-depleting extinguishing agent that is to be exported:

    1. the chemical name in accordance with an internationally recognised nomenclature,

    2. the customs tariff number in accordance with the annexes to the CTA186,

    3. the name and address of the previous holder,

    4. the intended export quantity in kilogrammes,

    5. confirmation in accordance with paragraph 3 letter b.

3 An export licence is issued if:

  1. the export is to states that comply with the provisions of the Montreal Protocol of 16 September 1987187 on Substances that Deplete the Ozone Layer and the Amendments to the Protocol of 29 June 1990188, 25 November 1992189, 17 September 1997190 and 3 December 1999191 (Montreal Protocol), as approved by Switzerland; and

  2. the recipient has confirmed to the exporter that they will be used exclusively for an application specified in No 3.2 paragraph 1 for which, according to the state of the art, no substitute is available in the recipient country. The confirmation must state the location, type and purpose of the system in which the extinguishing agent is to be used.

4 The FOEN may require additional information on origin and destination of the ozone-depleting extinguishing agents. It shall decide on a completed application within two months.

5 The person required to submit a declaration under the customs legislation must present the export licence when making the customs declaration.

6 The exporter must retain the export licence for five years from the time of export of the ozone-depleting extinguishing agent.

4 Use

4.1 Prohibitions

1 The use of ozone-depleting extinguishing agents is prohibited.

2 The use of extinguishing agents stable in the atmosphere in exercises and tests is prohibited.

4.2 Exceptions

Ozone-depleting extinguishing agents may be used in aircraft, in special-purpose military vehicles and in nuclear installations, provided, according to the state of the art for fire prevention, the safety of persons cannot be sufficiently guaranteed without using ozone-depleting extinguishing agents.

4bis Disposal

Ozone-depleting extinguishing agents and extinguishing agents stable in the atmosphere are deemed to be waste if they are contained in an appliance or system that is being decommissioned. This does not apply to extinguishing agents which are lawfully put back on the market without treatment under Number 2.2 letter d.

5 Recommendations

The FOEN shall issue recommendations for the enforcement authorities concerning the export and appropriate disposal of ozone-depleting extinguishing agents.

6 Appliances and systems containing ozone-depleting extinguishing agents or extinguishing agents stable in the atmosphere

6.1 Information required by the FOEN

Owners of appliances containing more than 8kg of ozone-depleting extinguishing agents or extinguishing agents stable in the atmosphere, or of systems containing such extinguishing agents, must inform the FOEN of:

  1. the type and location of the appliances or systems;

  2. the date of purchase or installation;

  3. the type and quantity of extinguishing agent;

  4. the type of property protected;

  5. in the case of decommissioning of appliances or systems: the date of decommissioning and the recipient of the extinguishing agent.

6.2 Servicing

1 Owners of appliances containing ozone-depleting extinguishing agents or extinguishing agents stable in the atmosphere must have these appliances serviced by a specialist every three years.

2 Owners of systems containing ozone-depleting extinguishing agents or extinguishing agents stable in the atmosphere must have these systems serviced by a specialist once a year.

7 Reporting requirements

1 Any person who supplies, receives or exports ozone-depleting extinguishing agents or extinguishing agents stable in the atmosphere, or appliances or systems containing such extinguishing agents, must provide the FOEN each year, by 31 March, with the following information in respect of the previous year:

  1. the type and number of appliances and systems supplied;

  2. the quantity of extinguishing agents supplied in appliances;

  3. the quantity of extinguishing agents supplied for appliances and systems;

  4. the quantity of extinguishing agents received from owners of decommissioned appliances and systems;

  5. the quantity of extinguishing agents no longer needed which were submitted for treatment;

  6. the quantity of extinguishing agents re-imported after being recycled abroad (No. 2.2 let. c).

2 The information must be classified by:

  1. existing and new appliances and systems;

  2. the type of extinguishing agent;

  3. the type of treatment.

3 Any person who exports ozone-depleting extinguishing agents must, at the time of export at the latest, inform the FOEN of the quantity exported and present the confirmation specified in Number 3 paragraph 1.

8 Special labelling

The manufacturer may only place on the market extinguishing appliances and systems that contain or will contain extinguishing agents that are listed in any one of Annexes I-III of Regulation (EU) 2024/573192 if their labelling contains the following information:

  1. the text: «Contains fluorinated greenhouse gases»;

  2. the abbreviated chemical names of the extinguishing agents contained or to be contained in the extinguishing appliances and systems, using the industrial nomenclature accepted for the area concerned;

  3. the quantity of extinguishing agents, expressed in kilograms and in tonnes of CO2 equivalent, and the global warming potential of the extinguishing agents.

(Art. 3)

Aerosol dispensers

1 Definitions

1Aerosol dispensers are non-refillable receptacles made of metal, glass or plastics and containing a gas compressed, liquefied or dissolved under pressure, with or without a liquid, paste or powder. They are fitted with a release device allowing the contents to be ejected as a gas or as solid or liquid particles in suspension in a gas, as a foam, paste or powder or in a liquid state. They may comprise one or more chambers.

2Entertainment or decoration purposes comprise in particular:

  1. metallic glitter;

  2. artificial snow and frost;

  3. rude noises;

  4. imitation excrement and stink bombs;

  5. horn sounds for parties;

  6. decorative foams and flakes;

  7. artificial cobwebs.

2 Prohibitions

1 It is prohibited to manufacture, place on the market or import for private purposes aerosol dispensers if they:

  1. contain ozone-depleting substances as defined in Annex 1.4 number 1 paragraph 1;

  2. contain substances stable in the atmosphere as defined in Annex 1.5 number 1 paragraph 1; or

  3. contain partially halogenated unsaturated fluorocarbons (HFOs) and substances that are neither ozone-depleting nor stable in the atmosphere.

2 It is prohibited to manufacture, place on the market, import on a private basis or use aerosol dispensers if they contain:

  1. vinyl chloride; or

  2. bases or acids in liquid phase, or solvents, and must be labelled as follows in accordance with Annex III to Directive 67/548/EEC193 or Annex III to Regulation (EC) No 1272/2008194:

    1. R23, R26, or

    2. H330, H331.

2bis It is prohibited to supply aerosol dispensers to the general public if they contain bases or acids in liquid phase or solvents and must be labelled as follows in accordance with Annex III to Directive 67/548/EEC or Annex III to Regulation (EC) No 1272/2008:

  1. R34, R35, R41, or

  2. H314, H318.

3 Aerosol dispensers for entertainment or decoration purposes must not be supplied to the general public if they contain substances which on their own or in the form of preparations meet the criteria specified in Annex I to Regulation (EC) No 1272/2008 for one of the following hazard classes:

  1. hazard classes 2.2 (flammable gases), 2.6 (flammable liquids), 2.7 (flammable solids);

  2. hazard classes 2.9 (pyrophoric liquids), 2.10 (pyrophoric solids);

  3. hazard class 2.12 (substances and mixtures which in contact with water emit flammable gases).

3 Exceptions

1 The prohibitions specified in Number 2 paragraph 1 letters b and c do not apply to medicinal products or medical devices if:

  1. according to the state of the art, no substitute is available for the substances stable in the atmosphere, or for the preparations and articles containing such substances; and

  2. the quantity and the global warming potential of the substances stable in the atmosphere being used are no greater than is required for the intended purpose according to the state of the art.

2 The prohibitions specified in Number 2 paragraph 1 letter c do not apply if, according to the state of the art, the safety requirements cannot be met without using aerosol dispensers that contain HFOs and substances that are neither ozone-depleting nor stable in the atmosphere.

3 The prohibition on supply to the general public specified in Number 2 paragraph 3 does not apply to aerosol dispensers which are referred to in Article 8 paragraph 1 letter a of Directive 75/324/EEC195 and which meet the requirements specified therein.

4 After consulting the relevant industry and the cantonal authorities responsible for implementing this Ordinance, the FOEN shall issue recommendations on the state of the art in accordance with paragraphs 1 and 2.

4 Special labelling

1 Subject to Number 2 paragraph 1 letters b and c in conjunction with Number 3 paragraphs 1 and 2, the manufacturer may only place aerosol dispensers that contain or will contain substances listed in any one of Annexes I-III of Regulation (EU) 2024/573196 on the market if their labelling contains the following information:

  1. the text: ‘Contains fluorinated greenhouse gases’;

  2. the abbreviated chemical names of the substances contained or to be contained in the aerosol dispensers, using the industrial nomenclature accepted for the area concerned;

  3. the quantity of substances, in kg and tonnes of CO2 equivalents and the global warming potential of the substances.

2 Aerosol dispensers in accordance with Number 2 paragraph 3 must be labelled as follows: ‘For professional users only’.

5 Reporting requirements

Any persons who themselves fill or import aerosol dispensers with substances stable in the atmosphere must inform the FOEN, if so requested, of the quantities of the various substances used during the past three years; the information must be classified by import, consumption in Switzerland and export, as well as by intended use.

6 …

7 Transitional Provisions

1 The prohibitions specified in Number 2 paragraph 1 letter c do not apply to aerosol dispensers that do not contain personal care products until 31 December 2029.

2 If, due to a change in the state of the art, an alternative is available for medicinal products and medical devices that were authorised for use on the basis of Number 3 paragraph 1, these products and devices may continue to be manufactured and imported for professional or commercial purposes for 6 months and supplied to third parties for a further 12 months.

(Art. 3)

Thermal fuel additives

1 Definition

Thermal fuel additives are substances or preparations added to thermal fuels, in particular to improve combustion or extend storage life.

2 Special labelling

1 The packaging of thermal fuel additives must indicate that they are not to be used for «extra-light» heating fuel if they contain:

  1. halogenated or heavy metal compounds (except iron compounds); or

  2. substances, such as magnesium compounds, which distort the results of smoke number measurement in the control of oil-fired installations.

2 …

3 Addition to thermal fuels

For the addition of additives to thermal fuels, the requirements specified in Annex 5 to the Air Pollution Control Ordinance of 16 December 1985197 apply.

(Art. 3)

Capacitors and transformers

1 Definitions

1Pollutant-containing capacitors and transformers are capacitors and transformers containing:

  1. halogenated aromatic compounds, such as polychlorinated biphenyls (PCBs), halogenated diarylalkanes or halogenated benzenes; or

  2. substances or preparations containing more than 500 ppm monohalogenated or more than 50 ppm polyhalogenated aromatic compounds as impurities.

2 Capacitors manufactured in or before 1982 are deemed to be pollutant-containing unless the owner provides credible proof to the contrary.

2 Prohibitions

1 It is prohibited to place on the market or to import on a private basis pollutant‑containing capacitors and transformers.

2 It is also prohibited to use:

  1. pollutant-containing capacitors with a total mass in excess of 1kg;

  2. pollutant-containing transformers.

3 Monitoring

1 The inspection bodies specified in Article 26 paragraph 1 of the Ordinance of 7 November 2001198 on Low-Voltage Electrical Installations shall also check, as part of the enforcement responsibilities assigned to them, whether pollutant-containing capacitors with a total mass in excess of 1kg are being used.

2 If the inspection bodies suspect or determine that such capacitors are being used, they shall notify the owner of the installation and the authority of the canton in whose territory the installation is located.

3 If necessary, the authority notified in accordance with paragraph 2 shall order the decommissioning or replacement of the capacitors referred to in paragraph 1, and their disposal.

4 The costs of the checking specified in paragraph 1 shall be borne by the owner of the installation.

(Art. 3)

Batteries

1 Definitions

1Batteries are sources of electricity that convert chemical energy directly to electrical energy and which consist of one or more non-rechargeable cells (primary cells) or one or more rechargeable cells (accumulators).

2Automotive batteries are batteries used for automotive starter, lighting or ignition power.

3Portable batteries are batteries that:

  1. are sealed;

  2. can be hand-carried;

  3. are not designed exclusively for professional or industrial uses, or for powering any type of electrical vehicle; and

  4. are not automotive batteries.

4Button cells are small round portable batteries, of which the diameter is greater than the height, and which are used for special purposes such as to provide power for hearing aids, watches or small portable equipment, or back-up power.

5Industrial batteries are batteries designed exclusively for industrial or professional uses or for powering any type of electrical vehicle, or other batteries not classified as portable or automotive batteries.

6Appliances are electrical and electronic equipment, as defined in Article 3 paragraph 1 letter a of Directive 2012/19/EU199, which is fully or partly powered by batteries or is capable of being so.

2 Prohibitions

1 Batteries, including those incorporated into appliances, must not be placed on the market if they contain more than 5 mg mercury per kilogram.

2 Portable batteries, including those incorporated into appliances, must not be placed on the market if they contain more than 20 mg cadmium per kilogram.

3 Exceptions

1 …

2 The prohibition specified in Number 2 paragraph 2 does not apply to portable batteries intended for use in:

  1. emergency and alarm systems, including emergency lighting;

  2. medical equipment.

  3. equipment which is necessary for the protection of the essential interests of the security of Switzerland, including arms, munitions and war material intended for military purposes.

4 Information

4.1 Special labelling

1 Manufacturers of batteries, and of vehicles or appliances containing batteries, must ensure that information on disposal via separate collection is displayed on the batteries in a visible, clearly legible and indelible form. Batteries containing more than 5 mg mercury, more than 20 mg cadmium, or more than 40 mg lead per kilogram must also be marked with the chemical symbol Hg, Cd or Pb for the metal concerned.

2 The markings required in accordance with paragraph 1 must take the form specified in Article 21 of Directive 2006/66/EC200.

3 Manufacturers of automotive batteries and portable rechargeable batteries, and of vehicles or appliances containing such batteries, must ensure that the automotive and portable batteries are provided with labelling indicating their capacity in a visible, clearly legible and indelible form.

4 Paragraph 3 does not apply to the portable rechargeable batteries specified in Annex I to Regulation (EU) No 1103/2010201.

5 The determination of capacity as specified in paragraph 3 and the capacity label design are governed by Articles 2–4 of Regulation (EU) No 1103/2010.

4.2 Sales points and advertising

1 At sales points where batteries are supplied, it must be clearly and prominently indicated that:

  1. batteries must be handed over to a sales point for disposal or disposed of via a battery collection scheme or collection point;

  2. batteries are taken back free of charge at the sales point for disposal; and

  3. batteries are subject to a fee intended to finance the costs of disposal.

2 Advertisements for batteries must draw attention to the bring-back obligation specified in Number 5.1.

5 Bring-back and take-back obligation

5.1 Bring-back obligation

Consumers must hand over batteries to a trader or manufacturer with a take‑back obligation or dispose of them via a battery collection scheme or collection point. Automotive batteries may also be submitted to disposal companies that are entitled to receive batteries on the basis of an authorisation granted under Article 10 of the Ordinance of 22 June 2005202 on the Movement of Wastes, provided that these disposal companies agree to accept them.

5.2 Take-back obligation

1 Traders who supply portable batteries must take back portable batteries from consumers free of charge at every sales point.

2 Traders who supply automotive batteries must, at every sales point, take back from consumers free of charge those types of batteries which are stocked there.

2bis Traders who supply industrial batteries must, at every sales point, take back from consumers free of charge those types of batteries which are stocked there. If they incur additional costs in disposing of badly damaged industrial batteries, the traders may charge such costs to the consumers.

3 Manufacturers of portable, automotive or industrial batteries must take back from consumers, traders and collection scheme or collection point operators free of charge those types of batteries which they supply.

6 Prepaid disposal fee and reporting obligation

6.1 Liability for the fee

1 A prepaid disposal fee (fee) for batteries placed on the market (batteries subject to the fee) must be paid to an organisation appointed by the FOEN in accordance with Number 6.7 (organisation) by:

  1. manufacturers of batteries;

  2. manufacturers of vehicles or appliances which incorporate batteries, if these batteries are not already subject to the fee.

2 Paragraph 1 letter b does not apply if third parties have assumed liability for the fee as specified in paragraph 1 and the reporting obligation as specified in Number 6.3 paragraph 1.

3 On request, the organisation shall exempt manufacturers of automotive and industrial batteries and of vehicles and appliances incorporating automotive or industrial batteries from liability for the fee if they:

  1. on the basis of a sectoral solution or as a result of particular market condition, ensure environmentally sound disposal of the batteries and the covering of all disposal costs;

  2. make a suitable contribution to the costs incurred by the organisation for exemption from the liability for the fee and reporting as specified in Number 6.3 paragraph 2; and

  3. submit a complete application for an exemption for the following year to the organisation by 31 July.

6.2 Level of the fee

1 The level of the fee is based on the expected costs of the activities specified in Number 6.5. It shall be no less than CHF 0.10 and no more than CHF 7 per kilogram of batteries subject to the fee and at least CHF 0.03 per battery.

2 The DETEC shall establish the level of the fee, review it each year and adjust it if necessary.

6.3 Reporting obligation

1 Those liable for the fee must report to the organisation, in accordance with its requirements, the quantity of batteries subject to the fee placed on the market. Reporting shall be carried out monthly, unless a different interval has been agreed with the organisation.

2 Manufacturers that are exempt from liability for the fee in accordance with Number 6.1 paragraph 3 must report the quantity of batteries placed on the market in the past six months to the organisation by 15 January and 15 July of each year in accordance with the organisation’s requirements. The organisation shall make available reporting forms in paper or electronic form. It shall forward the reports received to the FOEN in accordance with its requirements.

3 Disposal companies that, by virtue of a licence issued under Article 10 of the Ordinance of 22 June 2005 on Movements of Waste, are entitled to accept batteries must provide the organisation each year by 30 April, in accordance with its requirements, with information on the quantities of batteries taken back in Switzerland and recycled by them or exported for disposal during the previous year.

6.4 Time of falling due and period for payment

1 The organisation shall submit an invoice to those liable for the fee. The fee falls due upon receipt of the invoice by those liable for the fee or, if the invoice is disputed, when the fee ruling as specified in Number 6.9 paragraph 2 becomes legally valid.

2 Payment must be made within 30 days of the fee falling due. If payment is delayed, interest of 5% is payable on arrears; the organisation may pay interest on advance payments.

6.5 Use of the fee

The organisation may use the fee solely to finance the following activities:

  1. collection, transport and recycling of batteries, provided that these activities are carried out according to the state of the art;

  2. provision of information, in particular to improve the return rate for batteries, although no more than 25% of annual fee revenues may be used for this purpose;

  3. its own activities within the scope of its mandate from the FOEN;

  4. costs incurred by the FOEN in fulfilling the responsibilities specified in Numbers 6.7 and 6.8.

6.6 Payments to third parties

1 Third parties claiming payments from the organisation for activities specified in Number 6.5 must submit a justified request by no later than 31 March of the following year. The organisation shall make application forms available in paper or electronic format.

2 The organisation shall only make payments to third parties if they carry out the activities appropriately and cost-effectively. It may take the measures necessary to assess whether these conditions are met.

3 The organisation shall only make payments for activities specified in Number 6.5 letters a and b within the limits of available resources.

6.6bis Reimbursement of the fee

1Any person who exports batteries on which a fee has been paid may claim reimbursement of the fee by submitting a justified request; the costs already incurred shall be deducted from the amount refunded.

2 Requests for reimbursement of the fee must be submitted to the organisation by 31 March of the following year.

6.7 Organisation

1 The FOEN shall appoint a suitable private organisation to collect, administer and use the fee. The organisation must not itself carry out any business activities relating to the manufacture, import, sale or recycling of batteries.

2 The FOEN shall conclude a contract with the organisation for a term of no more than five years. This contract shall specify in particular the proportion of fee revenues that the organisation may use for its own activities, as well as the conditions and consequences of premature termination of the contract.

3 The Fee Organisation must carry out internal controls of management and appoint independent third parties approved by the FOEN to examine the internal control results and audit its accounts. It must supply them with all the necessary information and permit access to files.

4 The organisation shall maintain commercial secrecy with regard to those liable to the fee and the disposal companies.

5 The FOCBS may communicate to the organisation data from customs declarations and other observations relating to the import or export of batteries.

6 The organisation may arrange with the FOCBS for the fee to be collected on import. In this case, collection, time of falling due and interest are governed by the relevant customs legislation.

6.8 Supervision of the organisation

1 The FOEN shall supervise the organisation. It may also issue instructions, in particular on the use of fee revenues.

2 The organisation must provide the FOEN with the necessary information and allow it to examine its files.

3 It must submit to the FOEN each year, by no later than 30 June, a report on its activities during the previous year. This report must include in particular:

  1. the annual accounts;

  2. the report by the independent third-party auditors;

  3. the quantity of batteries subject to the fee placed on the market in the previous year, indicating the types of batteries and the pollutant content, together with the return rate for batteries subject to the fee;

  4. a breakdown of the use of fee revenues by amount, purpose and recipient;

  5. the list of manufacturers exempt from liability for the fee in accordance with Number 6.1 paragraph 3.

4 The FOEN shall publish the report while ensuring that commercial and manufacturing secrecy is maintained.

6.9 Procedures

1 The organisation shall decide on the following by means of rulings:

  1. exemptions from liability for the fee;

  2. requests for payments to third parties;

  3. requests for the reimbursement of the fee.

2 In the event of a dispute concerning the invoice specified in Number 6.4 paragraph 1 sentence 1, it shall issue a fee ruling.

3 The procedures are governed by the provisions on federal administrative justice.

7 Transitional provisions

1 The prohibition specified in Number 2 paragraph 1 does not apply to:

  1. button cells containing no more than 20g mercury per kilogram if they were first placed on the market before 1 March 2016;

  2. button cells containing no more than 20 g mercury per kilogram which are incorporated into appliances if the appliances were first placed on the market before 1 June 2016.

1bis The prohibition specified in Number 2 paragraph 2 does not apply to:

  1. portable batteries intended for use in hand-held, battery-powered tools intended for maintenance, construction or gardening activities, including those incorporated in such power tools, if the batteries were first placed on the market before 31 December 2016;

  2. other portable batteries, if they:

    1. are not incorporated into appliances and were first placed on the market before 1 February 2011,

    2. are incorporated into appliances and the appliances were first placed on the market before 1 October 2011.

2 The requirements specified in Number 4.1 paragraph 1 do not apply to:

  1. batteries that were first placed on the market before 1 October 2011;

  2. batteries contained in vehicles or appliances and which were first placed on the market before 1 October 2011.

2bis The requirements specified in Number 4.1 paragraph 3 do not apply to automotive batteries and portable rechargeable batteries, or to vehicles or appliances containing such batteries, if they were first placed on the market before 1 July 2013.

3 The liability for the fee specified in Number 6.1 does not apply to batteries weighing more than 5kg placed on the market before 1 January 2012.

(Art. 3)

Special provisions relating to metals

1 Chromium(VI) in cements

1.1 Principle

It is prohibited to place on the market or use cement and cement-containing preparations which contain, when hydrated, more than 0.0002% soluble chromium(VI) of the total dry mass of the cement.

1.2 Exceptions

The prohibitions specified in Number 1.1 do not apply to placing on the market for, or use in, controlled closed and totally automated processes, and in processes in which cement and cement-containing preparations are handled solely by machines and in which there is no possibility of contact with the skin.

1.3 Special labelling

1 Cement and cement-containing preparations which contain more than 0.0002% soluble chromium(VI) of the total dry mass of the cement must be labelled as follows: «Contains chromium(VI). May produce an allergic reaction».

2 Paragraph 1 does not apply to cement or cement-containing preparations which are classified as sensitising in accordance with the criteria specified in Annex I to Regulation (EC) No 1272/2008203 or in Part A of Annex II to Directive 1999/45/EC204 and must be labelled with H317 in accordance with Annex III to Regulation (EC) No 1272/2008 or with R43 in accordance with Annex III to Directive 67/548/EEC205.

3 The packaging of cement or cement-containing preparations which contain reducing agents must be marked with the following information:

  1. the packing date;

  2. the storage conditions and storage period appropriate to keeping the content of soluble chromium(VI) below 0.0002% of the total dry mass of the cement.

4 Paragraph 3 does not apply to placing on the market for uses specified in Number 1.2.

1bis Chromium(VI) in leather goods

1bis.1 Definition

Chromium-containing leather goods are articles which consist entirely or in part of leather, if the chromium(VI) content is 0.0003 % or more of the dry weight of the leather by mass.

1bis.2 Prohibition

It is prohibited to place on the market chromium-containing leather goods which come into contact with the skin.

2 Cadmium-plated articles

2.1 Definition

Cadmium-plated articles are:

  1. articles with a cadmium coating on metal surfaces;

  2. articles containing components with a cadmium coating on metal surfaces.

2.2 Prohibitions

1 It is prohibited for manufacturers to manufacture or place on the market cadmium-plated articles.

2 For the placing on the market of electrical and electronic equipment, Annex 2.18 applies.

2.3 Exceptions

1 The prohibition on placing on the market specified in Number 2.2 does not apply to:

  1. antiques;

  2. the import of articles which are only finished or repackaged in Switzerland and then re-exported in their entirety.

1bis The prohibitions on manufacture and placing on the market specified in Number 2.2 do not apply to components for electrical and electronic equipment for which it is specified in Annex 2.18 Numbers 3 and 8 that they may contain cadmium.

2 If according to the state of the art no non-cadmium-plated substitute is available, and if the quantity of cadmium applied is no greater than is required for the article’s intended use, the prohibitions specified in Number 2.2 do not apply to:

  1. aircraft, guided missiles, boat engines and their components;

  2. articles which, for reasons of operating safety, require both corrosion resistance and particular sliding properties;

  3. spare parts for cadmium-plated articles.

3 On receipt of a justified request, with the agreement of the FOPH, the FOEN may grant exemptions for other articles if:

  1. according to the state of the art no non-cadmium-plated substitute is available; and

  2. the quantity of cadmium applied is no greater than is required for the article’s intended use.

3 Cadmium in zinc-plated articles

1 Manufacturers producing zinc-plated articles must ensure that the cadmium content of the zinc applied does not exceed 0.025% by mass.

2 The value specified in paragraph 1 is deemed to be complied with if it is not exceeded by the cadmium content of the solution or molten mass used for plating.

3 Zinc-plated articles must not be imported on a professional or commercial basis if the cadmium content of the zinc applied exceeds the limit specified in paragraph 1.

4 Paragraph 3 does not apply to the import of zinc-plated articles which are only finished or repackaged in Switzerland and then re-exported in their entirety.

5 For the placing on the market of vehicle materials and components, vehicles and electrical and electronic equipment and their spare parts, which contain zinc-plated components, Numbers 5, 7 paragraphs 2 and 3 and Annex 2.18 apply.

3bis Cadmium in brazing fillers

3bis.1 Definition

Brazing is a joining technique using alloys and undertaken at temperatures above 450° C.

3bis.2 Prohibitions

It is prohibited to manufacture or place on the market brazing fillers with a cadmium content of 0.01% or more by mass.

3bis.3 Exception

The prohibitions specified in Number 3bis.2 do not apply to brazing fillers used in defence and aerospace applications or used for safety reasons.

3ter Lead and its compounds in articles for the general public

3ter.1 Definitions

1 An article that contains lead (CAS no 7439-92-1) or one of its compounds is deemed to contain lead if it, or an accessible part of it, has a lead content (in metal) of 0.05 % or more by mass.

2 An article or an accessible part of it can be put into the mouth by children if the height, length or width is less than 5 cm or if the article or a part of it has a detachable or protruding part of that size.

3ter.2 Prohibitions

1 The placing on the market of lead-containing articles intended for sale to the general public is prohibited if the articles or accessible parts thereof can be put into the mouth by children under normal or reasonably foreseeable conditions of use.

2 For the placing on the market of packaging with articles treated with paints and varnishes, wood-based materials and electrical and electronic equipment that contain lead or compounds, Number 4 and Annexes 2.8, 2.17 and 2.18 apply.

3ter.3 Relationship to the Foodstuffs and Utility Articles Ordinance of 16 December 2016206 (FUAO)

For the placing on the market of consumer articles, toys, jewellery and candle wicks containing lead or lead compounds, intended for sale to the general public and which, or their accessible parts, can be put into the mouth by children under normal or reasonably foreseeable conditions of use, the FUAO applies.

3ter.4 Exceptions

1 The prohibition specified in Number 3ter.2 does not apply to:

  1. crystal glass in accordance with Annex I (crystal glass types 1, 2, 3 and 4) under Directive 69/493/ EEC207;

  2. non-synthetic or reconstituted precious or semi-precious stones (customs tariff number 7103), insofar as they are not treated with lead or lead compounds or preparations containing these substances;

  3. enamel, defined as vitrifiable mixtures from the melting, vitrification or sintering of minerals at temperatures of at least 500°C;

  4. keys and locks, including padlocks;

  5. musical instruments;

  6. articles and components of articles containing brass alloys provided that the lead content (in metal) in the brass does not exceed 0.5% by weight;

  7. tips of writing instruments;

  8. devotional objects;

  9. zinc-carbon portable batteries and button cells.

2 In addition, exempted from the prohibition specified in Number 3ter.2 paragraph 1 are:

  1. uncoated lead-containing articles, if the release rate of lead from the article or accessible parts demonstrably does not exceed 005 μg/cm2 per hour (corresponding to 0.05 μg/g/h);

  2. coated lead-containing articles, provided that they demonstrably do not exceed the release rate referred to in letter a and the coating is sufficient to ensure that this rate is not exceeded for a period of at least two years of use of the article under normal or reasonably foreseeable conditions.

4 Heavy metals in packaging

4.1 Definitions

1 Heavy metals are lead, cadmium, mercury and their compounds and also chromium(VI).

2 Packaging and packaging components are products made of materials of any nature to be used for the containment, protection, handling, delivery or presentation of goods.

4.2 Prohibition

It is prohibited for the manufacturer to place on the market packaging or packaging components with a heavy metal content in excess of 100mg/kg.

4.3 Exceptions

1 The prohibition specified in Number 4.2 does not apply to the following:

  1. packaging made entirely of lead crystal;

  2. glass packaging other than lead crystal, if exceedance of the heavy metal content specified in Number 4.2 is attributable to recycled materials and there is no intentional introduction of heavy metals during the manufacturing process;

  3. caps on bottles containing wine from before 1996;

  4. plastic crates or plastic pallets, if:

    1. exceedance of the heavy metal content specified in Number 4.2 is attributable to the recycling of plastic crates or plastic pallets,

    2. the material used for recycling originates only from other plastic crates or plastic pallets,

    3. the introduction of material other than that specified in Number 2 is limited to the minimum technically necessary and, in any case, does not exceed 20% by mass, and

    4. heavy metals were not intentionally introduced during recycling.

2 On receipt of a justified request, with the agreement of the FOPH, the FOEN may grant exemptions for other packaging. It shall take account of decisions made by the European Commission in accordance with Article 11 paragraph 3 of European Parliament and Council Directive 94/62/EC of 20 December 1994208 on packaging and packaging waste, and the state of the art.

5 Heavy metals in vehicles

5.1 Definition

Vehicles are cars and light duty vehicles in accordance with Directive 2000/53/EC209, covered by the categories M1 or N1 of Annex II A number 1 to Directive 2007/46/EC210.

5.2 Prohibitions

1 It is prohibited to place on the market new vehicle materials and components which contain more than 0.1% by mass of lead, mercury or chromium(VI), or more than 0.01% by mass of cadmium per homogeneous material.

2 It is also prohibited to place on the market new vehicles which contain materials or components as specified in paragraph 1.

5.3 Exceptions

1 The prohibition specified in Number 5.2 paragraph 1 does not apply to:

  1. the vehicle materials and components listed without an expiry date in Annex II to the Directive 2000/53/EC211, subject to the conditions stated in this Annex;

  2. spare parts for vehicles placed on the market for the first time before 1 August 2006, with the exception of:

    1. wheel balance weights,

    2. carbon brushes,

    3. brake linings.

2 The prohibition specified in Number 5.2 paragraph 2 does not apply to vehicles which contain materials or components that may be placed on the market in accordance with Paragraph 1 letter a.

5.4 Special labelling

Vehicle materials and components must be labelled or made identifiable by other means in accordance with Annex II to Directive 2000/53/EC212.

5.5 Adaptation of the exceptions and labelling

1 On receipt of a justified request, with the agreement of the FOPH, the FOEN may adapt Number 5.3 paragraph 1, Number 5.4 and Number 7 paragraph 2 to the version of Annex II to Directive 2000/53/EC213 in force.

2 If the expiry date of an original material or component specified in Annex II to Directive 2000/53/EC is before 1 August 2006, the provision specified in Number 5.3 paragraph 1 letter b shall apply to placing it on the market as spare parts.

6 …

7 Transitional provisions

1 The prohibition specified in Number 1bis.2 does not apply to the placing on the market of chromium-containing leather goods which were supplied to end users for the first time before 1 September 2016.

1bis The prohibition specified in Number 3ter.2 paragraph 1 does not apply to articles that are placed on the market for the first time before 1 January 2019.

2 The prohibition specified in Number 5.2 paragraph 1 does not apply to vehicles and components, if they are listed in Annex II to Directive 2000/53/EC214 and were placed on the market for the first time within the dates specified in this Annex and under the conditions specified there.

3 The prohibition specified in Number 5.2 paragraph 2 does not apply to vehicles placed on the market for the first time in Switzerland or a Member State of the EU or EFTA, which contain materials or components that may be placed on the market in accordance with paragraph 2.

(Art. 3)

Wood-based articles and other articles containing resin

1 Prohibitions

1 Wood particleboard and wood fibre materials, in particular particleboard and fibreboard in raw or coated form, may not be placed on the market by a manufacturer if the content by mass of the following substances in the material exceeds the specified limit values:

Substance

Limit value in milligrams per kilogram of dry matter (mg/kg dry matter)

Arsenic (As)

25

Lead (Pb)

90

Cadmium (Cd)

50

Mercury (Hg)

25

Benzo[a]pyrene (CAS no 50-32-8)

0.5

Pentachlorophenol (PCP, CAS no 87-86-5)

5

2 The following articles may not be placed on the market if the release of formaldehyde (CAS No. 50-00-0) from the articles under the test conditions described in Annex XVII Appendix 14 number 1 of Regulation (EC) No 1907/2006215 leads to concentrations in a test chamber that exceed the specified limit values:

Article

Limit value for formaldehyde in milligrams per cubic metre (mg/m3)

Articles, in particular furniture, based on wood-based materials

0.062

Other articles, except road vehicles

0.080

3 Road vehicles may not be placed on the market if they contain articles whose release of formaldehyde under the test conditions described in Annex XVII, Appendix 14, point 2 of Regulation (EC) No 1907/2006 leads to a concentration inside these vehicles that exceeds the value of 0.062 mg/m3.

2 Exceptions

1 The prohibition specified in Number 1 paragraph 2 does not apply to the placing on the market of:

  1. articles that are biocidal products in accordance with Article 2 paragraph 1 letter a of the Ordinance on Biocidal Products of 18 May 2005216 (OBP);

  2. medical devices in accordance with Article 4 paragraph 1 letter b of the Therapeutic Products Act of 15 December 2000217 (TPA);

  3. commodities in accordance with Article 48 of the Foodstuffs and Utility Articles Ordinance of 16 December 2016218 (FUAO);

  4. personal protective equipment in accordance with Article 3(1) of Regulation (EU) 2016/425219;

  5. textile materials and leather products for which restrictions on the formaldehyde content have been established on the basis of Article 64 paragraph 2 FUAO;

  6. used items.

2 The prohibition specified in Number 1 paragraph 2 does not apply to placing on the market if:

  1. formaldehyde and formaldehyde releasers occur exclusively naturally in the materials from which the articles have been manufactured;

  2. the foreseeable use of the items takes place exclusively outdoors;

  3. the articles are intended exclusively for use outside the envelope or the vapour barrier of a building and no formaldehyde is released into the indoor air;

  4. the articles are intended exclusively for industrial or commercial use and the formaldehyde released from them does not lead to exposure of the general public during foreseeable use.

3 The prohibition specified in Number 1 paragraph 3 does not apply to the placing on the market of:

  1. road vehicles intended exclusively for industrial or commercial use, if the concentration of formaldehyde inside the vehicles does not lead to exposure of the general public during foreseeable use;

  2. used vehicles.

3 Transitional Provisions

The prohibitions under Number 1 paragraphs 2 and 3 do not apply to the placing on the market of:

  1. articles that were first placed on the market in Switzerland or a member state of the EU or EFTA before 1 June 2027;

  2. road vehicles that were first placed on the market in Switzerland or a member state of the EU or EFTA before 6 August 2027.

(Art. 3)

Electrical and electronic equipment

1 Definitions

1Electrical and electronic equipment means equipment as defined in Article 3 point 1 in conjunction with point 2 of Directive 2011/65/EU220, if it falls within the categories listed in Annex I to this Directive. Electrical and electronic equipment does not include equipment which is necessary for the protection of the essential interests of the security of Switzerland, including arms, munitions and war material intended for military purposes, or the equipment, devices, large-scale tools, large-scale installations, means of transport, machinery, photovoltaic panels and pipe organs referred to in Article 2 paragraph 4 letters b to k of Directive 2011/65/EU, as defined in Article 3 of this Directive.

2Cables means all cables with a rated voltage of less than 250 volts that serve as a connection or an extension to connect electrical or electronic equipment to the electrical outlet or to connect two or more items of electrical or electronic equipment to each other.

3Spare part means a separate part of an item of electrical or electronic equipment that can replace a part of an item of electrical or electronic equipment. The electrical or electronic equipment cannot function as intended without that part. A spare part serves to restore or upgrade the functionality of the electrical or electronic equipment, to upgrade its capacity or to update its functionalities.

4Homogeneous material means one material of uniform composition throughout or a material consisting of a combination of materials that cannot be disjointed or separated into different materials by mechanical actions such as unscrewing, cutting, crushing, grinding or abrasive processes.

5Manufacturer means any natural or legal person who manufactures electrical or electronic equipment, or who has it designed or manufactured, and markets it under his name or trademark.

6 Importer means any natural or legal person established in Switzerland who places electrical or electronic equipment from another country on the Swiss market.

7Trader means any natural or legal person in the supply chain, other than the manufacturer or the importer, who makes electrical or electronic equipment available on the market.

8 An importer or trader who places electrical or electronic equipment on the market under his name or trademark or modifies equipment already placed on the market in such a way that compliance with the requirements specified in Number 2 may be affected shall be considered a manufacturer.

9Authorised representative means any natural or legal person established in Switzerland who has received a written mandate from a manufacturer to act on his behalf in relation to specified tasks.

10Making available on the market means any supply of electrical or electronic equipment for distribution, consumption or use on the market in the course of a commercial activity, whether in return for payment or free of charge.

11Placing on the market means making electrical or electronic equipment available on the market for the first time.

12Recall means any measure aimed at ensuring that the end user returns electrical or electronic equipment that has already been made available.

13Withdrawal means any measure aimed at preventing electrical or electronic equipment in the supply chain from being made available on the market.

2 Prohibitions

1 It is prohibited to place on the market electrical and electronic equipment, cables or spare parts if the concentration by mass of the following substances listed in Annex II to Directive 2011/65/EU221 exceeds the specified maximum concentration value in the homogeneous material:

No

Substances

Maximum concentration values (by mass)

1.

Lead

0.1%

2.

Mercury

0.1%

3.

Cadmium

0.01%

4.

Hexavalent chromium

0.1%

5.

Polybrominated biphenyls

0.1%

6.

Polybrominated diphenyl ethers

0.1%

7.

di-(2-ethylhexyl) phthalate (DEHP) CAS no: 117-81-7

0.1%

8.

Benzyl butyl phthalate (BBP)

CAS no: 85-68-7

0.1%

9.

Dibutyl phthalate (DBP)

CAS no: 84-74-2

0.1%

10.

Diisobutyl phthalate (DIBP)

CAS no: 84-69-5

0.1%

2 For compliance with the maximum concentration values specified in paragraph 1, the technical rules specified in Article 4 paragraph 2 sentence 2 of Directive 2011/65/EU apply.

3 Exceptions

The prohibitions specified in Number 2 do not apply to electrical and electronic equipment, cables and spare parts which contain substances included in Annexes III and IV to Directive 2011/65/EU222 in the applications listed therein.

4 Requirements for economic operators

4.1 Obligations of the manufacturer

1 Without prejudice to Numbers 3 and 8, the manufacturer placing electrical and electronic equipment on the market must ensure that it has been designed and manufactured in accordance with the requirements specified in Number 2.

2 The manufacturer must draw up the required technical documentation; he must carry out the internal production control procedure in line with module A of Annex II to Decision No 768/2008/EC223 or have it carried out.

3 Where compliance of electrical or electronic equipment with the requirements specified in Number 2 has been demonstrated by the procedure referred to in paragraph 2, the manufacturer shall draw up a declaration of conformity in accordance with paragraph 4. Where other Swiss or EU legislation requires the application of a conformity assessment procedure which is at least as stringent, compliance with the requirements of Number 2 may be demonstrated within the context of that procedure. A single technical documentation may be drawn up.

4 The declaration of conformity shall have the model structure and shall contain the elements specified in Annex VI to Directive 2011/65/EU224 and shall be updated. It must be written in an official language of Switzerland or in English.

5 The manufacturer must ensure that procedures are in place to ensure that, with series production, the requirements specified in this Annex are complied with. Changes in product design or characteristics and changes in the harmonised standards or in technical specifications by reference to which conformity of the electrical or electronic equipment is declared shall be adequately taken into account.

6 The manufacturer must keep the technical documentation and the declaration of conformity for 10 years after the electrical or electronic equipment has been placed on the market.

7 The manufacturer of electrical or electronic equipment must also ensure that:

  1. the equipment bears a type, batch or serial number or other element allowing its identification, or, where the size or nature of the equipment does not allow it, that the required information is provided on the packaging or in a document accompanying the equipment;

  2. his name, registered trade name or registered trade mark and the address at which he can be contacted is indicated on the equipment or, where that is not possible, on its packaging or in a document accompanying the equipment. The address must indicate a single point at which the manufacturer can be contacted.

8 A manufacturer who considers or has reason to believe that electrical or electronic equipment which he has placed on the market does not comply with the requirements specified in this Annex must immediately take the necessary corrective measures to bring that equipment into conformity, or, if appropriate, to withdraw it or recall it; he must immediately inform the competent cantonal authority to that effect, giving details, in particular, of the non-compliance and of any corrective measures taken.

9 The manufacturer must keep a register of his non-conforming electrical and electronic equipment and associated recalls and withdrawals and keep traders regularly informed thereof.

4.1bis Authorised representative

1 The manufacturer may appoint an authorised representative by written mandate. The manufacturer may not transfer the obligations under Number 4.1 paragraphs 1 and 2 to an authorised representative.

2 An authorised representative performs the tasks specified in the mandate received from the manufacturer. The mandate must allow the authorised representative to do at least the following:

  1. keep the declaration of conformity and the technical documentation at the disposal of the relevant cantonal authority for 10 years following the placing on the market of the electrical or electronic equipment;

  2. further to a reasoned request from the relevant cantonal authority, provide that authority with all the information and documentation necessary to demonstrate the conformity of the electrical or electronic equipment with this Annex;

  3. cooperate with the relevant cantonal authority, at its request, on any action taken to ensure that the electrical or electronic equipment complies with this Annex.

4.2 Obligations of the importer

1 The importer may only place on the market electrical or electronic equipment which, without prejudice to Numbers 3 and 8, complies with the requirements specified in Number 2.

2 Before placing electrical or electronic equipment on the market, the importer must ensure that:

  1. the appropriate conformity assessment procedure has been carried out by the manufacturer;

  2. the manufacturer has drawn up the technical documentation;

  3. the manufacturer has complied with the requirements specified in Number 4.1 paragraph 7 letter a.

3 The importer must indicate his name, registered trade name or registered trade mark and the address at which he can be contacted on the electrical or electronic equipment or, where that is not possible, on its packaging or in a document accompanying the equipment. If the equipment is imported from a Member State of the European Union (EU) or the European Free Trade Association (EFTA), the name, trade name or trade mark and contact address of the party responsible for placing the equipment on the market in the EU or EFTA may be indicated.

4 The importer must keep, for 10 years following the placing on the market of the electrical or electronic equipment, a copy of the EU declaration of conformity in accordance with Article 13 of Directive 2011/65/EU at the disposal of the competent cantonal authority and ensure that the technical documentation can be made available to this authority, upon request.

5 An importer who considers or has reason to believe that electrical or electronic equipment, without prejudice to Numbers 3 and 8, does not comply with the requirements specified in Number 2, must not place the equipment on the market until it has been brought into conformity; he must inform the manufacturer and the competent cantonal authority to that effect.

6 An importer who considers or has reason to believe that electrical or electronic equipment which he has placed on the market is not in conformity with this Annex must immediately take the necessary corrective measures to bring that equipment into conformity, to withdraw it or recall it, if appropriate; he must immediately inform the competent cantonal authority to that effect, giving details, in particular, of the non-compliance and of any corrective measures taken.

7 The importer must keep a register of the non-conforming electrical and electronic equipment that he imports and associated recalls and withdrawals of electrical and electronic equipment and keep traders regularly informed thereof.

4.3 Obligations of the trader

1 When making electrical or electronic equipment available on the market, traders must act with due care in relation to the requirements of this Annex, in particular by verifying that the manufacturer and the importer have complied with the requirements specified in Number 4.1 paragraph 7 and in Number 4.2 paragraph 3.

2 A trader who considers or has reason to believe that electrical or electronic equipment, without prejudice to Numbers 3 and 8, does not comply with the requirements specified in Number 2, must not make the equipment available on the market until it has been brought into conformity; he must inform the manufacturer or the importer and the competent cantonal authority to that effect.

3 A trader who considers or has reason to believe that electrical or electronic equipment which he has placed on the market is not in conformity with this Annex must ensure that the corrective measures necessary to bring that equipment into conformity, to withdraw it or recall it, as appropriate, are taken; he must immediately inform the competent cantonal authority to that effect, giving details, in particular, of the non-compliance and of any corrective measures taken.

5 Presumption of conformity

1 In the absence of evidence to the contrary, the competent cantonal authorities shall presume that electrical and electronic equipment for which a declaration of conformity can be made available complies with the requirements of this Annex.

2 Materials, components and electrical and electronic equipment shall be presumed to comply with the requirements of this Annex if:

  1. tests and measurements demonstrating compliance with the requirements of Number 2 have been performed on them; or

  2. they have been assessed in accordance with harmonised standards, the references of which have been published in the Official Journal of the European Union.

6 Responsibilities of the Federal Office for the Environment (FOEN)

1 The FOEN, with the agreement of the Federal Office of Public Health (FOPH) and SECO, shall adapt the provisions of this Annex as follows:

  1. Number 2 in accordance with amendments of Annex II to Directive 2011/65/EU225;

  2. Number 3 in accordance with the currently applicable version of Annexes III and IV to Directive 2011/65/EU.

2 The FOEN shall publish in the Federal Gazette the titles of the harmonised standards referred to in Number 5 paragraph 2 letter b, also indicating the references or where the standards may be obtained.

7 Batteries

For batteries in electrical and electronic equipment, Annex 2.15 applies.

8 Transitional provisions

1 The prohibitions specified in Number 2, para. 1, No 1 to 6 do not apply:

  1. to the following equipment placed on the market in Switzerland or a Member State of the EU or EFTA before the dates specified:

Equipment

Date

medical devices

22 July 2014

monitoring and control instruments

22 July 2014

in vitro diagnostic medical devices

22 July 2016

industrial monitoring and control instruments

22 July 2017

equipment not falling within the scope of Directive 2002/95/EC226 and which would not comply with the requirements of Directive 2011/65/EU227 (Art. 2 para. 2 Directive 2011/65/EU)

22 July 2019

  1. to other electrical and electronic equipment placed on the market in Switzerland or a Member State of the EU or EFTA before 1 July 2006.

2 The prohibitions specified in Number 2, para. 1, No 7 to 10 do not apply:

  1. to medical devices, monitoring and control instruments, in vitro diagnostic medical devices, industrial monitoring and control instruments placed on the market in Switzerland or a Member State of the EU or EFTA before 22 July 2021;

  2. to other electrical and electronic equipment placed on the market in Switzerland or a Member State of the EU or EFTA before 22 July 2019.

3 The prohibitions specified in Number 2 do not apply to cables or spare parts for electrical and electronic equipment which:

  1. was placed on the market as specified in paragraphs 1 and 2; or

  2. contains substances in applications which benefited from an exemption under Annexes III and IV to Directive 2011/65/EU, and which was placed on the market in Switzerland or a Member State of the EU or EFTA before that exemption expired, if in this equipment the components affected by the exemption are replaced.

4 Provided that reuse takes place in auditable closed-loop business-to-business return systems, and that the reuse of spare parts is notified to the consumer, the prohibitions specified in Number 2 also do not apply to reused spare parts:

  1. recovered from electrical and electronic equipment placed on the market before 1 July 2006 and used in electrical and electronic equipment placed on the market before 1 July 2016;

  2. recovered from medical devices or monitoring and control instruments placed on the market before 22 July 2014 and used in electrical and electronic equipment placed on the market before 22 July 2024;

  3. recovered from in vitro diagnostic medical devices placed on the market before 22 July 2016 and used in electrical and electronic equipment placed on the market before 22 July 2026;

  4. recovered from industrial monitoring and control instruments placed on the market before 22 July 2017 and used in electrical and electronic equipment placed on the market before 22 July 2027;

  5. recovered from any other electrical and electronic equipment that was outside the scope of Directive 2002/95/EC and which is placed on the market before 22 July 2019, and used in electrical and electronic equipment placed on the market before 22 July 2029.

5 If new electrical and electronic equipment contains hexabromobiphenyl or polybrominated diphenyl ethers, with the exception of decabromodiphenyl ether, paragraph 1 letter a does not apply.

(Art. 3)

Insulating gases in electrical systems and electrical devices

1 Definitions

1 Insulating gases are substances and preparations that are used in electrical installations and electrical equipment to ensure the required dielectric strength.

2 Insulating gases that contain substances stable in the atmosphere in accordance with Annex 1.5 number 1 paragraph 1 are deemed to be insulating gases stable in the atmosphere.

3 Partially halogenated unsaturated hydrofluorocarbon insulating gases (HFO insulating gases) are insulating gases that contain partially halogenated unsaturated hydrofluorocarbons (HFOs) but do not contain ozone-depleting substances in accordance with Annex 1.4 number 1 paragraph 1 or substances stable in the atmosphere in accordance with Annex 1.5 number 1 paragraph 1.

4 Fluoroketone insulating gases are insulating gases that contain fluorinated ketones but do not contain ozone-depleting substances in accordance with Annex 1.4 number 1 paragraph 1 or substances stable in the atmosphere in accordance with Annex 1.5 number 1 paragraph 1.

5 Switchgear and switching devices are electrical installations and electrical equipment intended for use in connection with the generation, transmission, distribution and conversion of electrical energy. A switchgear system consists of all components that are used to operate the switchgear system.

6 Primary and secondary distribution refers to the transport of electrical energy from the interface to the transmission grid to the interface at voltages of less than 1 kV.

7 The extension of existing electrical installations and electrical appliances with additional gas compartments is deemed equivalent to placing them on the market for the first time.

2 Placing on the market and bringing into operation

2.1 Prohibitions

1 It is prohibited to place on the market for the first time switchgear and control gear operated with insulating gases stable in the atmosphere, HFOs or fluoroketone insulating gases is prohibited if they have any of the following properties:

  1. a maximum voltage of 24 kV for primary and secondary distribution;

  2. a voltage of more than 24 kV and no more than 52 kV for primary and secondary distribution;

  3. a voltage of more than 52 kV and not more than 145 kV and a short-circuit current of not more than 50 kA if the insulating gases have a global warming potential of 1 or more;

  4. a voltage of more than 145 kV or, in the case of a voltage of more than 52 kV, a short-circuit current of more than 50 kA if the insulating gases have a global warming potential of 1 or more.

2 It is prohibited to place on the market for the first time other electrical systems and other electrical devices that are operated with insulating gases that are stable in the atmosphere.

3 It is prohibited to bring systems and devices into operation that have been placed on the market in contravention of paragraphs 1 or 2.

2.2 Exceptions

1 The prohibitions specified in Number 2.1 paragraphs 1 and 2 do not apply to electrical equipment:

  1. for the repair or maintenance of existing electrical installations if the repair or maintenance does not result in an expansion of the electrical installation or the quantity of CO2 equivalents contained in the electrical installation, and

  2. for the expansion of existing electrical installations if the expansion would not be compatible with the existing electrical installation without the use of the same insulating gas as already contained in the existing electrical installation and would therefore require the replacement of the entire installation.

2 The prohibition specified in Number 2.1 paragraph 1 does not apply if:

  1. no state-of-the-art alternative is available;

  2. the quantity and global warming potential of the insulating gases, HFOs or fluoroketone insulating gases stable in the atmosphere used are not greater than is necessary for the intended purpose according to the state of the art; and

  3. the structural measures and monitoring measures available according to the state of the art have been taken to prevent emissions of the insulating gas.

3 The prohibition specified in Number 2.1 paragraph 1 does not apply if significant greenhouse gas emissions are avoided due to a state-of-the-art design and over the entire life cycle of the intended use.

4 The prohibition specified in Number 2.1 paragraph 2 does not apply to particle accelerators whose gas compartments are permanently monitored or hermetically sealed, or to mini-relays if:

  1. no state-of-the-art alternative is available;

  2. the quantity and the global warming potential of the insulating gases stable in the atmosphere used are no greater than is required for the intended purpose according to the state of the art; and

  3. the structural measures and monitoring measures available according to the state of the art have been taken to prevent emissions of the insulating gas.

2.3 Special labelling

1 The manufacturer may only place on the market containers that contain or will contain insulating gases that are listed in any one of Annexes I-III of Regulation (EU) 2024/573228 and are stable in the atmosphere if their labelling contains the following information:

  1. the text: ‘Contains fluorinated greenhouse gases’;

  2. the abbreviated chemical names of the insulating gases contained or to be contained in the switchgear or switching devices, using the industrial nomenclature accepted for the area concerned;

  3. the quantity of insulating gases, in kg and in tonnes of CO2 equivalents, as well as the global warming potential of the insulating gases;

  4. for hermetically sealed switchgear and switching devices, the addition of the text: ‘hermetically sealed’;

  5. where there is an annual leakage rate of less than 0.1%, the addition of the text: ‘Annual leakage rate < 0.1%’.

2 The manufacturer of other electrical installations or other electrical equipment containing more than 1 kg of sulphur hexafluoride as an insulating gas must indicate this substance and the quantity contained on the electrical installations and electrical equipment.

3 Use

3.1 Duty of care

Any person who works with electrical systems or electrical devices that contain stable insulating gases, HFOs or fluoroketone insulating gases stable in the atmosphere, or with such insulating gases, must ensure that the insulating gases do not pose a risk to the environment, in particular by:

  1. preventing emissions of these insulating gases as far as possible; and

  2. ensuring the appropriate disposal of waste from these isolating gases.

3.2 Refilling

3.2.1 Prohibition

It is prohibited to refill switchgear and switching devices with sulphur hexafluoride.

3.2.2 Exceptions

The prohibition specified in Number 3.2.1 does not apply to the refilling using:

  1. regenerated sulphur hexafluoride;

  2. non-regenerated sulphur hexafluoride, if regenerated sulphur hexafluoride cannot be used for technical reasons or is not available on the market.

3.3 Leak checking and detection

3.3.1 Duties

1 The owners of switchgear and switching devices containing more than 5 tonnes of CO2-equivalent insulating gases stable in the atmosphere or more than 1 kg of HFOs or fluoroketone insulating gases must arrange for leak checking to be carried out regularly.

2 The owners of switchgear and switching devices containing more than 500 tonnes of CO2-equivalent insulating gases stable in the atmosphere or more than 100 kg of HFOs or fluoroketone insulating gases which were brought into operation after 1 January 2017 must ensure that:

  1. the switchgear and devices are fitted with a leak detection system that has an alert function;

  2. the leak detection system is checked at least every 6 years.

3 If a leak is detected, the owner must arrange for the switchgear and switching device to be repaired immediately.

3.3.2 Exceptions

Number 3.3.1 paragraph 1 does not apply to switchgear and switching devices if these:

  1. have a manufacturer-tested leakage rate of less than 0.1 % per year and are labelled accordingly;

  2. are equipped with a leak detection system that has an alert function; or

  3. contain less than 6 kg of insulating gases stable in the atmosphere.

3.4 Maintenance log

3.4.1 Duties

1 Owners of switchgear and switching devices that produce more than 5 tonnes of CO2-equivalent insulating gases stable in the atmosphere or more than 1 kg of HFOs or fluoroketone insulating gases must ensure that a maintenance log is kept.

2 The name of the owner of the switchgear and the switchgear device must appear in the maintenance log as well as information that allows the system and the device to be identified.

3 After each intervention or service, the specialist carrying out the work on the switchgear must record the following information in the maintenance log:

  1. the date of the intervention or service;

  2. a brief description of the work carried out;

  3. the result of the leak check in accordance with Number 3.3;

  4. the quantity and type of insulating gas extracted;

  5. the quantity and type of insulating gas used to refill the switchgear and whether it is new or regenerated insulating gas;

  6. the name of the company and the specialist’s own name and signature.

3.4.2 Exceptions

Number 3.4.1 does not apply to switchgear and devices that are exempt from the duty to check for leaks in accordance with Number 3.3.2.

4 Disposal

Any person accepting switchgear and switchgear containing insulating gases stable in the atmosphere, HFOs or fluoroketone insulating gases for disposal must remove the insulating gases contained therein and dispose of them separately and properly.

5 Recommendations

After consulting the relevant industry and the cantonal authorities responsible for implementing this Ordinance, the FOEN shall issue recommendations on:

  1. the state of the art in accordance with Number 2.2 paragraphs 2-4;

  2. leak checks in accordance with Number 3.3.1 paragraph 1.

6 Transitional Provisions

1 The prohibition on first placing on the market in accordance with Number 2.1 paragraph 1 does not apply to switchgear and control gear:

  1. for which there is proof that they were ordered before 1 January 2026;

  2. in accordance with Number 2.1 paragraph 1 letter b; until 31 December 2029;

  3. in accordance with Number 2.1 paragraph 1 letter c; until 31 December 2027;

  4. in accordance with Number 2.1 paragraph 1 letter d; until 31 December 2031.

2 If, due to a change in the state of the art, an alternative is available for systems and devices that were authorised for use on the basis of Number 2.2 paragraphs 2-4, these systems and devices may still be placed on the market for the first time for two years.

3 The refilling prohibition specified in Number 3.2.1 does not apply until 31 December 2034.

4 Systems producing more than 500 tonnes of CO2-equivalent insulating gases stable in the atmosphere or more than 100 kg of HFOs or fluoroketone insulating gases which were brought into operation before 1 January 2026 may still be operated without a leak detection system until 31 December 2027..