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RS 814.076 Order of 27 June 1990 on the designation of organisations entitled to use in the fields of environmental protection and the protection of nature and landscape (ODO)

Original Language Title: RS 814.076 Ordonnance du 27 juin 1990 relative à la désignation des organisations habilitées à recourir dans les domaines de la protection de l’environnement ainsi que de la protection de la nature et du paysage (ODO)

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814.076

Order

On the designation of organisations entitled to use
In the fields of environmental protection
And the protection of nature and landscape

(ODO) 1

27 June 1990 (State 1 Er October 2015)

The Swiss Federal Council,

Having regard to art. 55, para. 3, and 55 F , para. 2, of the Act of 7 October 1983 on the Protection of the Environment (LPE) 2 , given art. 28, para. 2, of the Law of 21 March 2003 on Genetic Engineering (LGG) 3 , given art. 12, para. 3, of the Federal Act of 1 Er July 1966 on the Protection of Nature and Landscape (LPN) 4 , 5

Stops:

Art. 1 1 Organisations entitled to use

Are entitled to use in accordance with Art. 55, 55 F LPE, 28 LGG or 12 LPN the organizations listed in the schedule to this order.


1 New content according to the c. 5 of Schedule 5 to the O of 10 seven. 2008 on the release into the environment, in force since 1 Er Oct. 2008 ( RO 2008 4377 ).

Art. 2 Verification

1 Any organization empowered to change its statutory purposes, its legal form or its name must immediately notify the Federal Department of the Environment, Transport, Energy and Communication (Department). 1

2 The Department checks whether the organizations entitled to appeal still comply with the conditions governing the right of appeal. For this purpose, it may be aware of the documents required for this evaluation. If it finds that an organisation no longer fulfils the requirements, it asks the Federal Council to amend the annex accordingly. 2


1 New content according to the c. I of the O of June 15, 1998, in force since 1 Er July 1998 (RO 1998 1570).
2 New content according to the c. I of the O of 19. 2008, effective from 1 Er Dec. 2008 ( RO 2008 4635 ).

Art 3 Requests from other organizations to benefit from the right of appeal

1 Organizations that meet the requirements of s. 55, para. 1, 55 F , para. 1, LPE, 28, para. 1, LGG or 12, para. 1, LPN will be included on request in the list of organisations entitled to use (Annex). 1

2 These organizations must submit their application to the Federal Council at least 18 months before the date on which they wish to be granted this right.

3 The application must include:

A.
Indications of the right of recourse the organization wishes to obtain;
B.
Proof that the required conditions are met, and
C.
Necessary supporting documents, in particular the statutes and annual reports of the last ten years. 2

4 An organization's economic activities pursue a non-profit goal within the meaning of s. 55, para. 1, LPE and art. 12, para. 1, LPN, if the type of activity corresponds to this purpose and if this activity is not predominant in relation to other activities of the organization. 3


1 New content according to the c. 5 of Schedule 5 to the O of 10 seven. 2008 on the release into the environment, in force since 1 Er Oct. 2008 ( RO 2008 4377 ).
2 Introduced by ch. I of the O of 19. 2008, effective from 1 Er Dec. 2008 ( RO 2008 4635 ).
3 Introduced by ch. I of the O of 19. 2008, effective from 1 Er July 2010 ( RO 2008 4635 ).

Art. 4 1 Reports

1 Organizations keep annual statistics on their recourse activity. They submit them, together with the annual reports, before the end of April at the Federal Office for the Environment (OFEV) and make this information public.

2 In addition to specifying the competent authority, organisations must show in their statistics the number of cases completed the previous year in which:

A.
The appeal has been accepted, allowed in part, rejected or deemed not applicable;
B.
They entered into an agreement with the applicants in accordance with s. 55 C , para. 1, LPE or s. 12 D , para. 1, LPN, and then withdrawn the appeal;
C.
They withdrew the appeal without agreement.

3 The OFEV determines the form in which the information referred to in para. 2 are provided. It summarizes and publishes these statistical data.

4 Every year before the end of April, organisations communicate to the OFEV the amount of their income over the past year related to the exercise of the right of appeal.


1 New content according to the c. I of the O of 19. 2008, effective from 1 Er Dec. 2008 ( RO 2008 4635 ).

Art. 5 Entry into force

This order shall enter into force on 1 Er August 1990.

Transitional provision concerning the amendment of 19 September 2008 6

Organizations shall report on the exercise of the right of appeal in accordance with s. 4, para. 1, 2 and 4, for 2008, the first time in April 2009.


Annex 1

(art. 1)

List of organizations authorized to use in accordance with the EPL, LGG or LPN

Organizations

Organisations entitled to use the meaning of LPE/LGG A

Organizations empowered to make use of the meaning of the FNLMA B

1. Aqua Viva

X

X

2. Swiss Association for National Development (VLP-ASPAN)

X

X

3. WWF Switzerland

X

X

4. Swiss Association for the Protection of Birds ASPO/BirdLife Switzerland

X

X

5. Swiss National Heritage League (LSP)

X

X

6. Pro Natura

X

X

7. Swiss Alpine Club (CAS)

X

X

8. Equiterre, Sustainable Development Partner

X

X

9. Helvetia Nostra

X

X

10. Swiss Association for the Protection of Health and Technology of the Environment (ASTE)

X

11. Swiss Society of Peology (PFS)

X

X

12. Foundation for Environmental Practice in Switzerland

X

X

13. Fondation suisse pour la protection et l' aménagement du paysage (FP)

X

X

14. Swiss Energy Foundation (ESF)

X

X

15. Swiss Federation of Nature Friends (FSAN)

X

X

16. Swiss Association of Water Protection Professionals (VSA)

X

17. ...

18. Swiss Federation for Fisheries and Aquaculture (FSPP)

X

X

19. ...

20. Transport and Environment Association (ATE)

X

21. Swiss Federation of Hiking

X

22. Archaeology Switzerland

X

23. Greenpeace Switzerland

X

X

24. ...

25. Swiss Greina Foundation (FSG)

X

X

26. Switzerland

X

X

27. Société suisse de speleologie (SSS)

X

28. Swiss Art History Society (SHAS)

X

29. Physicians for the Environment

X

30. Alps Initiative

X

X

31. Mountain Wilderness

X

X

A Organizations reported by x are entitled to use s. 55, 55 F LPE and 28 LGG.

B Organizations reported by x are entitled to use s. 12 LPN.


1 New content according to the c. II of the O of 15 June 1998 (RO 1998 1570). Update as per c. I of the O of 18 Oct. 2000 (RO 2000 2671), 16 April 2003 (RO 2003 1142), c. 5 of Schedule 5 to the O of 10 seven. 2008 on environmental release, (RO 2008 4377), c. I of the O of 27 Oct. 2010 (RO 2010 5077) and c. III 1 of the O of August 12, 2015, in force since 1 Er Oct. 2015 (RO 2015 2903).


State 1 Er October 2015