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RS 814.610 Ordinance of 22 June 2005 on movements of waste (OMoD)

Original Language Title: RS 814.610 Ordonnance du 22 juin 2005 sur les mouvements de déchets (OMoD)

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814.610

Waste Movement Ordinance

(OMoD 1 )

22 June 2005 (State 1 Er January 2016)

The Swiss Federal Council,

Having regard to art. 30 B , Al. 1, 30 F , para. 1 to 3, 30 G , Al. 1, 39, para. 1, and 46, para. 2, of the Act of 7 October 1983 on the Protection of the Environment (LPE) 2 , having regard to the Basel Convention of 22 March 1989 on the Control of Transboundary Movements of Hazardous Wastes and their Disposal (Basel Convention) 3 , having regard to Decision C (2001) 107/FINAL of the OECD Council of 14 June 2001 on the review of Decision C (92) 39/FINAL of the OECD Council of 30 March 1992 on the control of transboundary movements of waste for use in Valuation (OECD Council Decision) 4 , 5

Stops:

Chapter 1 General provisions

Art. 1 Purpose and scope

1 The purpose of this Order is to ensure that the waste will only be returned to appropriate disposal companies.

2 It governs:

A.
The movement of special waste and other controlled waste within Switzerland;
B.
Transboundary movements of all types of waste;
C.
The movement of special waste between third countries, to the extent that a Swiss company organises or participates in such movements.

3 It does not apply to:

A.
The movement of special waste between formations of the army or between buildings and installations used for national defence;
B.
Sewage for which discharge into the sewers is permitted;
C.
Radioactive waste subject to the legislation on radiation protection or nuclear energy legislation;
D. 1
To animal by-products in accordance with the order of 23 June 2004 concerning the disposal of animal by-products 2 .

4 Are reserved:

A.
Federal requirements, as well as international conventions and decisions concerning road, rail, river or sea and air transport of dangerous goods;
B.
The provisions of the explosives legislation relating to the sale of explosives.
C. 3
...

1 Introduced by c. I of the O of 11 Nov 2009, in force since 1 Er Jan 2010 ( RO 2009 6259 ).
2 RS 916.441.22
3 Repealed by c. I of the O of 11 Nov 2009, with effect from 1 Er Jan 2010 ( RO 2009 6259 ).

Art. 2 Lists of waste and disposal processes 1

1 The Federal Department of Environment, Transport, Energy and Communication (DETEC) makes an ordinance containing a list of waste and a list of disposal processes. To this end, it shall take into account the lists of waste and disposal procedures established by the European Community (EC) 2 And the Basel Convention. 3

2 It designates in the list of waste as:

A.
Special waste: Waste which, in order to be disposed of in an environmentally sound manner, requires, by reason of their composition or their physico-chemical or biological properties, a set of specific technical and organisational measures, even In the case of movements within Switzerland;
B.
Other waste subject to control: Waste which, in order to be disposed of in an environmentally sound manner, requires a limited number of technical and organisational measures because of their composition or physical/chemical properties Even in the case of movements within Switzerland.

1 New content according to the c. I of the O of 11 Nov 2009, in force since 1 Er Jan 2010 ( RO 2009 6259 ).
2 Commission Decision 2000 /532/EC of 3 May 2000 replacing Decision 94 /3/EC establishing a list of waste pursuant to Art. 1 Er , point (a) of Council Directive 75 /442/EEC on waste and Council Decision 94 /904/EC establishing a list of hazardous waste pursuant to Art. 1 Er , paras. 4, Council Directive 91 /689/EEC on hazardous waste (OJ L 226, 6.9.2000, p. 3); last amended by Council Decision 2001 /573/EC of 23 July 2001 amending Commission Decision 2000 /532/EC as regards the list of waste (OJ L 203, 28.7.2001, p. 18).
3 New content according to the c. I of the O of 11 Nov 2009, in force since 1 Er Jan 2010 ( RO 2009 6259 ).

Art. 3 Definitions

1 By Delivering business , it is defined as any undertaking and any public service that presents its waste to another operating site or to a third party. Also considered as undertakings are disposal companies that transmit waste to other operating sites or to third parties to dispose of them. Businesses and utilities that are limited to transporting waste from third parties are not considered to be remitting companies.

2 By Disposal company , any company that receives waste to dispose of it and any collection station managed by the Township, the municipality or an individual that they have mandated. Companies that simply transport third-party waste are not considered to be disposal companies.

3 By Transboundary movement , we mean any movement of waste going through the Swiss customs line.

Chapter 2 Waste movements within Switzerland

Section 1 Waste disposal

Art. 4 Obligations of the holder

1 Before the disposal of waste, the holder is required to check whether it is special waste or other waste subject to control.

2 It is not permitted to remit any special waste, or other waste subject to control which it is required to report, than to a centre authorised to receive it.

3 The remitting company is authorised to hand over the other waste subject to control only to a centre authorised to receive it.

Art. 5 Mixture and dilution of waste

1 The remitting company is not allowed to mix or dilute special waste before giving it back.

2 It is authorized to attach special waste additives with the agreement of the disposal company if this addition:

A.
Reduces transportation hazards; and
B.
Does not complicate disposal.

3 The cantonal authority may authorise an undertaking to mix or dilute special waste which it regularly presents in large quantities if:

A.
Is not intended to subject waste to less stringent requirements by reducing the content of the waste;
B.
Makes sense for reasons of operation; and
C.
Does not increase environmental damage.
4 The disposal company is permitted to mix or dilute special waste before it is returned if it is not intended to subject the waste to less stringent requirements by reducing its pollutant content.
5 The mixing and dilution of other waste under control shall be governed by the requirements of the Waste Ordinance of 4 December 2015 1 . 2

1 RS 814.600
2 New content according to the c. 8 of Annex 6 to the O of 4 Dec. 2015 on waste, in force since 1 Er Jan 2016 ( RO 2015 5699 ).

Art. 6 Follow-up documents for special waste

1 In order to provide special waste, the submitting company is required to use tracking documents within the meaning of Annex 1 and to note the required indications.

2 No follow-up document is required for special waste:

A.
Delivered in quantities of up to 50 kg, included container, by waste code and by delivery (small quantities); where special waste related to the type of operation of the undertaking is a remitting company, it is obliged to indicate to The disposal company's name and address or identification number (s. 40, para. 1) and to retain for at least five years proof of the surrender; these requirements do not apply to the disposal of waste within the meaning of the let. B to e;
B.
Reported to the trader who supplied a product, to the manufacturer or importer, without modification of the composition of the product and its original packaging (return of goods);
C.
For temporary storage on another operating site of the same undertaking, to the extent that they are products which the company sells in detail and takes up households as waste;
D.
Collected on the mandate of the canton from the submitting companies for disposal, insofar as these are products which companies sell at retail and take up households as waste;
E.
For temporary storage in a company which does not have to have an authorisation within the meaning of Art. 8.

3 The remitting company is required to provide the carrier and the disposal company with details on the source, composition and properties of the waste if such details are necessary to protect the environment, personnel or Facilities of the disposal company, or to dispose of waste in an environmentally responsible manner.

Art. 7 Labelling of Special Waste

1 The submitting company is required to provide the following information on packaging used for the transport of special waste:

A.
The words'special waste', 'Sonderabfälle', 'rifiuti speciali';
B.
The waste code or their designation according to the waste list;
C.
The tracking document number.
2 No labelling is required if the special waste can be submitted without a follow-up document.

Section 2 Receiving of waste

Art. 8 Authorization Required

1 Any disposal undertaking which receives special waste or other waste subject to control shall have, for each of its operating sites, an authorisation from the cantonal authority concerned.

2 The following are exempt from this obligation:

A.
Undertakings which confine themselves to collecting special waste or other waste subject to control;
B.
Companies that receive only batteries or accumulators they are required to resume under Annex 2.15 of the Ordinance of 18 May 2005 on the reduction of risks related to chemicals 1 And that merely store them temporarily;
C.
Undertakings which confine themselves to temporarily storing other waste subject to control that they are required to resume under other requirements or that they resume in the framework of a sectoral agreement recognised by the cantonal authority;
D.
Enterprises that repeat households, as waste, the products they sell at the retail level, and which merely store them temporarily;
E.
The collection stations designated by the authorities, which receive only motor oils, edible oils, fluorescent tubes or batteries (with the exception of lead-acid batteries) or other waste that is subject to control and which is Limit them to temporarily store them.

Art. Request for authorization

The application for authorization must provide guidance on:

A.
The waste intended to be received for disposal;
B.
Monitoring of the receipt of waste;
C.
The intended disposal process;
D.
The facilities, equipment and specialists available to the disposal company to dispose of the waste in an environmentally sound manner.
Art. 10 Granting of authorization

1 The cantonal authority grants the authorisation if it is apparent from the request that the disposal company is able to dispose of the waste in an environmentally sound manner.

2 In this authorisation, it shall define in particular:

A.
Waste that can be received;
B.
The disposal process;
C.
Conditions, including the maximum quantities of waste, the use of specified facilities and equipment and the use of specialists, which must be respected in order for waste to be disposed of in a respectful manner Of the environment.
3 It shall grant the authorisation for at most five years.

4 It immediately sends a copy of the authorisation to the Federal Office for the Environment (OFEV). 1


1 New content according to the c. I of the O of 11 Nov 2009, in force since 1 Er Jan 2010 ( RO 2009 6259 ).

Art. 11 Control of the receipt of special waste

1 The disposal company controls for any reception of special waste, before confirming this receipt by signing the follow-up documents:

A.
If it is authorized to receive the waste;
B.
Whether the waste corresponds to the indications contained in the follow-up documents.

2 It shall note in the follow-up documents the indications required within the meaning of Annex 1; it shall correct the manifestly erroneous indications of agreement with the undertaking to be awarded.

3 Receipt is made to the disposal company. The latter may also carry out the reception with the submitting company, provided that it is the production waste generated regularly at this place, the composition of which is known and stable. 1

4 If a disposal firm finds that it does not have the authority to receive the given special waste or that it does not correspond to the indications contained in the follow-up documents, it refers them back to the undertaking or Deal with this company, to give them to a qualified third party. If the waste presents a danger to the environment, it shall inform the cantonal authority. 2


1 New content according to the c. I of the O of 18 Dec. 2013, in effect since 1 Er May 2014 ( RO 2014 193 ).
2 Introduced by ch. I of the O of 18 Dec. 2013, in effect since 1 Er May 2014 ( RO 2014 193 ).

Art. 12 1 Obligation to declare

1 Any disposal company that receives special waste and must have authorisation for this purpose must declare to the OFEV and the cantonal authority the receipt of special waste accompanied by follow-up documents 2 Or for which the submitting business must retain a supporting document, providing the following information:

A.
Its own identification number and that of the submitting business;
B.
The date of delivery of the waste;
C.
The amount of waste received and their codes;
D.
Codes for disposal procedures used;
E.
The tracking document number 3 .

2 Any disposal undertaking which receives other waste subject to control and must have an authorisation for that purpose must declare the waste to the OFEV and the cantonal authority, providing the following information:

A.
Its own identification number;
B.
The codes and total quantities of waste received in the year, as well as the codes for the disposal procedures applied;
C.
The total quantity of waste transmitted in the year, as well as the identification number of the disposal company to which the waste was returned.

3 The declaration must be entered online in the electronic database made available by the OFEV, for special waste, within 30 working days of the end of each quarter, for the other waste subject to control, in the 30 days after the end of each calendar year


1 New content according to the c. I of the O of 11 Nov 2009, in force since 1 Er Jan 2010 ( RO 2009 6259 ).
2 Translation adapted to the application of art. 12 al. 1 of the Official Publications Act of 18 June 2004 (RS 170.512 ).
3 Translation adapted to the application of art. 12 al. 1 of the Official Publications Act of 18 June 2004 (RS 170.512 ).

Section 3 Transport of special waste

Art. 13

1 Any carrier is not permitted to transport waste that it knows or must assume is special waste to be returned with tracking documents only if:

A.
The follow-up documents required for the purposes of Annex 1 are attached;
B.
The name of the disposal company is included in the tracking documents;
C.
The waste is labelled in accordance with the requirements of the art. 7.

2 It shall note in the follow-up documents the indications required within the meaning of Annex 1.

3 It is only permitted to remit waste to disposal companies whose names appear in the tracking documents.

4 If the person cannot return the waste to the disposal company, he or she is required to report the waste back to the company, or to hand it over, to a licensed third party. If it is impossible for the carrier to bring the waste back to the undertaking or to give it to a third party, or if it cannot reasonably be expected to be responsible for it, it is obliged to inform the cantonal authority immediately.

Chapter 3 Transboundary Movements of Wastes

Section 1 Export and Import Restrictions

Art. 14

1 The export of waste within the meaning of the Basel Convention is authorised only to countries:

A. 1
Who are members of the OECD or the EU; and
B.
Who are signatories to the Basel Convention or have signed an agreement within the meaning of Art. 11 of the Basel Convention.

2 The import of waste within the meaning of the Basel Convention is permitted only from countries that are signatories to the Basel Convention or with which an agreement has been reached within the meaning of Art. 11 of the Basel Convention.

3 The following are considered wastes within the meaning of the Basel Convention:

A.
Special waste;
B.
Other waste subject to control;
C.
Other waste that meets one of the following conditions:
1.
They belong to a category set out in Annex I to the Basel Convention and have a hazard characteristic within the meaning of Annex III to that Convention,
2.
They are listed in Annex II or Annex VIII of the Basel Convention,
3. 2
They appear on the orange list of the OECD Council Decision.

1 New content according to the c. I of the O of 18 Dec. 2013, in effect since 1 Er May 2014 ( RO 2014 193 ).
2 New content according to the c. I of the O of 11 Nov 2009, in force since 1 Er Jan 2010 ( RO 2009 6259 ).

Section 2 Exporting

Art. 15 Authorization Required

1 Anyone who exports waste must have an authorisation from the Office 1 A copy of the authorization must be submitted to Swiss customs at the border crossing.

2 No authorization is required to export waste:

A.
With a view to valuing them:
1.
In a member country of the OECD or the EU, if these wastes are on the Green List of the OECD Council Decision and are not wastes within the meaning of Art. 14, para. 3, or
2.
In a non-OECD or EU country, if these wastes are listed in Annex IX of the Basel Convention and are not wastes within the meaning of Art. 14, para. 3;
B.
In a member country of the OECD or the EU, if they are samples of exported waste to verify the technical possibilities of their disposal; export only the number of samples necessary and none should weigh more than 25 kg. 2

3 The DETEC defines in an ordinance the disposal processes considered to be a valuation; it is based on the Basel Convention.

4 The exporter may not export a waste that is not subject to authorization within the meaning of para. 2 if it has been obtained in advance from the documents certifying that the intended recovery is environmentally friendly. It is required to keep records for at least one year from the date of export.


1 New abbreviation according to Art. 16 al. 3 of the O of 17 Nov 2004 on Official Publications (RS 170.512.1 ). This amendment has been taken into account throughout this text.
2 New content according to the c. I of the O of 18 Dec. 2013, in effect since 1 Er May 2014 ( RO 2014 193 ).

Art. 16 1 Request

1 The application for export authorization must include the following documents:

A. 2
Evidence that the conditions governing the export authorization referred to in s. 17, let. A to f, are completed;
B.
A copy of the contract within the meaning of Annex 2 between the exporter and the disposal company located abroad and, in the event of the transmission of the waste to other disposal undertakings, a copy of the contracts concluded for that purpose;
C.
A completed notification form in the electronic database of the OFEV.

2 The exporter submits the request to the OFEV, accompanied by a copy of the documents for the import state and additional copies for each of the transit states.

3 The OFEV verifies that the application is complete; before authorising the export, it consults with the competent authorities of the importing State and of the transit states in order to obtain their agreement.

4 The OFEV informs the canton where the waste to be exported is the reception of the request.


1 New content according to the c. I of the O of 11 Nov 2009, in force since 1 Er Jan 2010 ( RO 2009 6259 ).
2 New content according to the c. I of the O of 18 Dec. 2013, in effect since 1 Er May 2014 ( RO 2014 193 ).

Art. 17 1 Conditions for Authorization to Export

The OFEV allows for export:

A.
If the waste disposal sector to be exported is known;
B.
If the disposal is environmentally friendly and corresponds to the state of the art;
C. 2
If the following wastes cannot be disposed of in Switzerland or if their export is governed by an agreement entered into in the framework of a transboundary regional collaboration:
1.
Urban waste and similar composition waste from companies,
2.
Maschefers from facilities where urban waste or similar composition waste is incinerated,
3.
Waste from the road and public sewage treatment plants,
4.
Non-sorted combustible site waste;
D. 3
If the waste is not exported for the purpose of being permanently stored in a landfill;
1.
Waste exported as part of a regional cross-border collaboration governed by a contract,
2.
Imported urban waste incinerators whose recovery was required in the import request,
3.
Waste to be disposed of underground,
4.
Excavated and excavated material for unpolluted discovery and drilling to be stored in landfills in border areas;
E.
If it has received the agreement of the country of import and transit countries required by the Basel Convention and the Council of the OECD Council Decision;
F. 4
If sufficient financial security within the meaning of s. 20 was provided.

1 New content according to the c. I of the O of 11 Nov 2009, in force since 1 Er Jan 2010 ( RO 2009 6259 ).
2 New content according to the c. 8 of Annex 6 to the O of 4 Dec. 2015 on waste, in force since 1 Er Jan 2016 ( RO 2015 5699 ).
3 New content according to the c. I of the O of 18 Dec. 2013, in effect since 1 Er May 2014 ( RO 2014 193 ).
4 Introduced by c. I of the O of 18 Dec. 2013, in effect since 1 Er May 2014 ( RO 2014 193 ).

Art. 18 Limiting the validity of the authorization

1 The FEDO limits the validity of the authorisation to no more than one year.

2 If the disposal company located in the country of importation has prior consent to import within the meaning of Chapter II D, c. 2, case 2, of the OECD Council Decision, the OFEV may limit the validity of the authorisation to at most three years.

Art. 19 Processing times and information for the canton concerned

1 The OFEV shall make its decision on the request within 30 days after the competent authority of the country of import has sent an acknowledgement of receipt of the notification.

2 If the legislation of the country of import or a country of transit provides for extended time limits for sending the agreement to import or transit, the OFEV shall make its decision no later than five days after receiving the opinion of that country. 1

3 The OFEV sends a copy of the decision to the canton in which the waste is to be exported.


1 New content according to the c. I of the O of 11 Nov 2009, in force since 1 Er Jan 2010 ( RO 2009 6259 ).

Art. 1 Financial Security

1 Anyone who exports waste subject to authorisation must take out a financial guarantee in favour of the OFEV, in the form of a bank guarantee or insurance.

2 This financial guarantee is used to cover all the costs incurred by the exporter's failure to comply with the obligations under s. 33 and 34.

3 The OFEV determines the amount and duration of the financial guarantee.

4 The amount of the financial guarantee is determined on the basis of the costs generated by:

A.
Waste storage for 180 days;
B.
Transportation;
C.
Their disposal (including analyses).

5 The financial guarantee must be entered into for a period of at least the period of validity of the authorisation and the following 360 days. The OFEV shall lift the guarantee at the request of the exporter as soon as it proves, by means of the confirmation of disposal referred to in Annex 2, c. 1, let. E, that disposal of waste abroad has taken place.


1 New content according to the c. I of the O of 18 Dec. 2013, in effect since 1 Er May 2014 ( RO 2014 193 ).

Art. Obligation to inform

If an exporter learns that the waste that it has exported cannot be disposed of in accordance with the authorisation issued or that their disposal is significantly delayed, it must immediately inform the OFEV.

Section 3 Import

Art. Need for an import agreement

1 Any import of waste presupposes the prior agreement of the OFEV. A copy of the agreement must be presented to Swiss customs at the border crossing.

2 No agreement is required to import waste:

A.
With a view to valuing them:
1.
If the waste comes from a member country of the OECD or the EU, they are on the green list of the OECD Council Decision and are not waste within the meaning of Art. 14, para. 3, or
2.
If the waste comes from a non-OECD country or from the EU, they are listed in Annex IX of the Basel Convention and are not wastes within the meaning of Art. 14, para. 3;
B.
If these are from a member country of the OECD or the EU, if they are samples of imported waste to check the technical possibilities of their disposal; it is permissible to import only the number of samples necessary and none should Weigh more than 25 kg. 1

1 New content according to the c. I of the O of 18 Dec. 2013, in effect since 1 Er May 2014 ( RO 2014 193 ).

Art. 1 Conditions governing the agreement

1 OFEV agrees to import:

A.
If the intended disposal is environmentally friendly and corresponds to the prior art;
B.
If the waste is not imported for the purpose of being permanently stored in a landfill; other than imports under an agreement entered into in the framework of regional cross-border cooperation as well as imports of maschefers The incineration of exported urban waste, the recovery of which was required in the export request;
C.
The capacity to dispose of waste is sufficient;
D.
It does not contradict the cantonal waste management plans;
E.
If the disposal undertaking concerned has the necessary authorisations;
F.
Has received a completed notification form;
G.
If it has received a written contract, as defined in Schedule 2, between the exporter located outside Canada and the disposal undertaking.

2 The OFEV consults in advance with the cantons concerned.


1 New content according to the c. I of the O of 11 Nov 2009, in force since 1 Er Jan 2010 ( RO 2009 6259 ).

Art. 24 1 Limiting the validity of the agreement

1 The OFEV limits the validity of its agreement to at least one year.

2 If the disposal undertaking has prior consent to import within the meaning of Chapter II D, c. 2, case 2, of the OECD Council Decision, the OFEV may give its consent for a period of up to three years.


1 New content according to the c. I of the O of 11 Nov 2009, in force since 1 Er Jan 2010 ( RO 2009 6259 ).

Art. 25 Processing times and information

1 OFEV acknowledges receipt of the notification form within three working days from the exporter located abroad, as well as from the competent authorities of the country of export and of the transit countries.

2 It shall decide within 30 days of sending the acknowledgement of receipt if it agrees to the proposed importation to Switzerland and informs the exporter, the competent authorities of the country of export and of the countries of transit as well as the exporter, of its decision. Cantons concerned.

Art. 26 Notification by the disposal company located in Switzerland

If the import of the intended waste is subject to control only under Swiss law, the disposal company located in Switzerland shall ensure that the import is notified to the Office.

Art. 27 Obligation to inform

1 If the carrier cannot remit the imported waste to the disposal undertaking provided for in the notification, it must immediately inform the OFEV and the competent cantonal authority.

2 If imported waste cannot be disposed of in accordance with the notification or its disposal is significantly delayed, the disposal company shall immediately inform the OFEV and the competent cantonal authority.

Art. 28 Confirmation of Disposal

On the follow-up document, the disposal company must confirm to the exporter, to the competent authorities of the country of export and of the countries of transit and to the OFEV, within 30 days of the completion of the disposal, but not later than one year After the waste has been delivered, that the waste has been disposed of in an environmentally sound manner.

Section 4 Transit

Art. Control During Transit

1 The transit of waste by Switzerland is accepted only if this transit has been notified to the OFEV and it has not prohibited it within 30 days after the competent authority of the importing country has acknowledged receipt of the notification form. 1

1bis No notification shall be required for the transit of waste intended to be valued and which are:

A.
In the Green List of the OECD Council Decision; or
B.
Annex IX to the Basel Convention. 2

2 OFEV shall acknowledge receipt of the notification form within three working days from the exporter and the competent foreign authorities.

3 It prohibits the transit of waste when there are indications that:

A.
The intended disposal may present a danger to the environment; or
B.
That this is an illicit traffic within the meaning of s. 9, para. 1, of the Basel Convention.

1 New content according to the c. I of the O of 11 Nov 2009, in force since 1 Er Jan 2010 ( RO 2009 6259 ).
2 Introduced by ch. I of the O of 11 Nov 2009, in force since 1 Er Jan 2010 ( RO 2009 6259 ).

Art. Reporting of Special Waste

Special waste must be declared as such in the customs transit documents.

Section 5 Notification and labelling

Art. Notification forms and follow-up documents

1 The export, import and transit of waste require the use of international notification forms and follow-up documents established under the following legislative acts:

A.
The Basel Convention;
B. 1
Appendix 8 of the OECD Council Decision; or
C. 2
Annexes IA and IB to Regulation (EC) No O 1013/2006 3 .

2 The OFEV provides the notification forms and follow-up documents 4 The Basel Convention and the OECD Council Decision in an electronic database. 5

3 Every person who exports waste must:

A.
Prior to the start of transport, note in the follow-up document the required indications;
B.
Keep at least one copy of the completed tracking document and the tracking document returned by the disposal company outside Canada for a period of five years with confirmation of disposition.

4 Anyone who imports waste must:

A.
Note in the follow-up document the required indications;
B.
Return a copy of the follow-up document to the exporter, the competent authorities of the country of export and the countries of transit, and the OFEV, within three working days of the delivery of the waste;
C.
Keep the tracking document for at least five years.

5 Every person who exports or imports waste must:

A.
Declare such waste as such to the Swiss customs services; and
B.
Ensure that a copy of the tracking document is provided to customs services at the border crossing.

6 Anyone who transports waste destined for export or import must ensure that they are accompanied by the necessary follow-up documents. It should note in the follow-up document the required indications.

7 No follow-up document is required when the export, import or transit of waste should not be notified to the OFEV.

8 Any person who makes an export or import of waste that is not subject to authorization within the meaning of s. 15, para. 2, or s. 22, para. 2, if their quantity exceeds 20 kg, ensure that the waste is accompanied by the form set out in Annex VII to Regulation (EC) No O 1013/2006 duly completed. 6


1 New content according to the c. I of the O of 11 Nov 2009, in force since 1 Er Jan 2010 ( RO 2009 6259 ).
2 New content according to the c. I of the O of 18 Dec. 2013, in effect since 1 Er May 2014 ( RO 2014 193 ).
3 Regulation (EC) n O 1013/2006 of the European Parliament and of the Council of 14 June 2006 concerning shipments of waste, OJ L 190, 12.7.2006, p. 1; last amended by Regulation (EU) n O 255/2013, OJ L 79, 21.03.2013, p. 19.
4 Translation adapted to the application of art. 12 al. 1 of the Official Publications Act of 18 June 2004 (RS 170.512 ).
5 New content according to the c. I of the O of 11 Nov 2009, in force since 1 Er Jan 2010 ( RO 2009 6259 ).
6 New content according to the c. I of the O of 18 Dec. 2013, in effect since 1 Er May 2014 ( RO 2014 193 ).

Art. 32 Labelling of Special Waste

1 Special waste intended to be imported must, for transport in Switzerland, be labelled within the meaning of s. 7 or bear an equivalent statement in use in the country of origin, in the French, German, Italian or English languages.

2 Special waste destined for export must, for transport in Switzerland, be labelled within the meaning of Art. 7.

3 The responsibility for labelling rests with:

A. For export: to the exporter;

B. For importation: to the disposal company located in Switzerland.

4 Before transporting special waste to Switzerland, the carrier must ensure that such waste is properly labelled.

Section 6 Recovery

Art. 33 In the case of lawful traffic

1 In the opinion of the competent authority of the importing country, the OFEV obliges the exporter whose conduct is not liable to cause the cross-border movement to be regarded as illicit traffic within the meaning of Art. 9, para. 1 of the Basel Convention to take back the exported waste:

A.
If the waste disposal cannot be completed in accordance with the contract between the exporter and the disposal company outside Canada;
B.
If it is not possible to dispose of such waste abroad in another environmentally friendly manner within 90 days of receipt of the notice or within a longer period agreed between the competent foreign authority and the OFEV; and
C.
If it is established that the conduct of the importer or disposal firm outside Canada is not such as to cause the cross-border movement to be regarded as an illicit traffic within the meaning of s. 9, para. 1, of the Basel Convention.

2 The OFEV requires the resumption of waste only if the opinion has been issued no later than two years after the export of the waste or the authority of the country of import proves that it was impossible to formulate this opinion earlier.

Art. 34 In the case of illicit traffic

1 The OFEV shall, in the opinion of the competent authority of the importing country, oblige the exporter whose conduct is liable to cause the cross-border movement to be regarded as illicit traffic within the meaning of Art. 9, para. 1, of the Basel Convention to resume the exported waste.

2 It shall order the resumption of waste no later than 30 days after receipt of the full notice or within a longer period agreed between the authorities concerned.

3 If it is impossible to dispose of waste in Switzerland in an environmentally friendly way, the OFEV forces the exporter to ensure that they are disposed of in a manner that respects the environment abroad.

4 The OFEV requires the resumption of waste only if the opinion was formulated one year later after the export contrary to the requirements was discovered, and ten years at the latest after that export.

Art. 35 Notice

1 The notification requiring the resumption of waste must be in writing.

2 It must contain:

A.
A statement of reasons;
B.
As accurate as possible on the type and quantity of waste, as well as on the site and the conditions of their provisional storage;
C.
Export documentation.

Section 7 Foreign Special Waste Movements

Art. 36

1 Anyone who organises, from Switzerland, special waste movements between third countries or participates in it, must send to the OFEV:

A.
An annual statement of this activity;
B.
For each movement across a national border, a copy of the notification form.

2 The Office informs the competent authorities of the countries concerned and the Secretariat of the Basel Convention if it finds that a movement to cross a national border is an illicit traffic within the meaning of Art. 9, para. 1, of the Basel Convention.

Chapter 4 Executing

Art. Execution by the cantons and by the Confederation

The cantons shall execute this order, unless the latter entruss the execution to the Confederation.

Art. 38 Coordination between federal authorities

1 Where an export or import of waste requires the authorization or agreement of a number of federal authorities, they shall coordinate their procedures.

2 In such a case, the OFEV may grant an authorization or consent under this order only if it has received the authorization or agreement of the other federal authority.

Art. 39 1 Runtime aids

The Office shall draw up the enforcement aid necessary for the application of this order. To this end, it works closely with other relevant Confederation departments, with the cantons and with interested economic organisations.


1 New content according to the c. I of the O of 11 Nov 2009, in force since 1 Er Jan 2010 ( RO 2009 6259 ).

Art. 40 Specific tasks of the cantons

1 The cantons assign, according to the specifications of the OFEV, an identification number to the sending companies that submit special waste and to disposal companies that dispose of special waste or other waste submitted to And must have permission to do so.

2 They shall ensure that disposal companies that maintain operating sites on their territory comply with the obligation to declare.

3 They assist customs authorities in the collection and analysis of waste samples. 1

4 If a resumption of waste is required under this order, the cantons competent within the meaning of para. 5 ensures that waste is disposed of in an environmentally responsible manner. 2

5 Responsible for waste disposal:

A.
The canton from which the waste originates;
B.
The canton where the holder of the waste has its seat, where their origin is not known or come from several cantons, or the border canton concerned, when the seat of the holder of the waste is located abroad. 3

1 New content according to the c. I of the O of 11 Nov 2009, in force since 1 Er Jan 2010 ( RO 2009 6259 ).
2 New content according to the c. I of the O of 11 Nov 2009, in force since 1 Er Jan 2010 ( RO 2009 6259 ).
3 Introduced by ch. I of the O of 11 Nov 2009, in force since 1 Er Jan 2010 ( RO 2009 6259 ).

Art. Electronic Data Bank and Data Access

1 OFEV operates an electronic data bank to manage declarations within the meaning of s. 12 and data on exports of special waste.

2 For any export of special waste, it shall enter the following information in the data bank:

A.
The identification number of the remitting company located in Switzerland and the identification number of the disposal company outside of Switzerland;
B.
The quantity and code of special waste exported;
C.
Date of export;
D.
The disposal process applied;
E.
The tracking document number.

3 The cantons have access to the data concerning them.

Art. Statistics and list of companies providing disposal and disposal companies

1 The OFEV publishes once a year a special waste statistics which includes information on:

A.
The type and quantity of special waste disposed of;
B.
Disposal processes applied to special waste;
C.
The type and quantity of special waste exported and imported.

2 It shall periodically publish a statistic containing information on the type and quantity of other waste subject to control disposed of.

3 It publishes on the Internet a list of:

A.
Companies that submit special waste products from Switzerland;
B.
Disposal companies in Switzerland disposing of special waste or other waste subject to control, indicating the type of waste disposed of and the disposal processes applied.
Art. 43 Duties of Customs Services

1 The customs services control the monitoring documents:

A.
Each export or import of waste; stamp it on the follow-up documents and send a copy to the TENDER;
B.
Each transit of waste.

2 They oppose:

A.
The export, import or transit of waste that is not accompanied by the necessary follow-up documents or whose documents do not give certain important indications;
B.
The export or import of waste that is not accompanied by the authorisation or agreement of the OFEV required for the purposes of this order.

3 If the customs services object to the export, import or transit of waste, they shall inform the OFEV. The latter then takes a decision on the recovery or return of the waste. 1

4 ... 2


1 New content according to the c. I of the O of 11 Nov 2009, in force since 1 Er Jan 2010 ( RO 2009 6259 ).
2 Repealed by c. I of the O of 11 Nov 2009, with effect from 1 Er Jan 2010 ( RO 2009 6259 ).

Chapter 5 Final provisions

Art. 44 Repeal and amendment of the law in force

The repeal and amendment of the existing law are set out in Schedule 3.

Art. 45 Transitional provisions

1 The following authorisations issued before the entry into force of this Order shall remain valid within the specified time limits:

A.
Authorizations issued under s. 16 of the Order of 12 November 1986 on the movement of special waste 1 ;
B.
Authorizations issued under s. 7 of the order of 14 January 1998 on the return, resumption and disposal of electrical and electronic equipment 2 .

2 The export authorisations issued by the OFEV before the entry into force of this Order shall remain valid within the specified time limits, but not later than 31 December 2006.

3 The disposal undertakings already established upon the coming into force of this Order, who receive other waste controlled for disposal, have until June 30, 2006, to file an application for an authorization to the Meaning of s. 8; para. 1, let. B, is reserved. They may continue to receive such waste without authorization until 31 December 2006 at the latest.


1 [RO 1987 55, 2005 2695 Ch. II 12]
2 RS 814.620

Art. Entry into force

This order shall enter into force on 1 Er January 2006.

Annex 1

(art. 6, para. 1; 11, para. 2; 13, para. 1 and 2)

Follow-up documents for the movement of special waste within Switzerland

1 Content, Use and Form

1.1
For special waste movements that take place in Switzerland only, Swiss tracking documents should be used.
1.2
The following indications will be noted in the follow-up document:
A.
By the remitting company, before the start of the transport:
1.
Its name and address,
2.
The waste code and their designation according to the list of waste, as well as their quantity,
3.
The quantity of packaging and containers,
4.
The ship date,
5.
The name and address of the disposal company,
6.
Its signature;
B.
By the carrier before the start of the transport:
1.
Its name and address,
2.
The date of delivery of the waste to the disposal company or the date of delivery to another carrier. To the extent that the waste is transshipped, the name and address of the place of transhipment and the date of delivery of the waste on that place and the date of its re-routing,
3.
The type of transport
4.
The road vehicle's mineralogical plate,
5.
Its signature;
C.
By the disposal company, upon receipt of the waste:
1.
The identification number and the identification number of the submitting business,
2.
The code for the disposal process applied,
3.
The date of delivery of the waste,
4.
The date of receipt of the waste,
5.
Its signature.
1.3
For each discount, a waste code tracking document must be used, in triplicate.
1.4
The disposal company must return a follow-up document to the submitting company within 25 working days of the delivery of the special waste and keep the other document for at least five years.
1.5
The remitting company must retain at least five years of the completed follow-up document prior to the start of the transportation and the one that was returned by the disposal company.
1.6
Where the protection of persons, the environment or things requires urgent procedure, follow-up documents may be established at a later stage.
1.7
The OFEV defines the form of follow-up documents 1 .

2 Exceptions

2.1
The provisions of the c. 1 does not apply in the following cases:
A.
When special waste is collected on the same day from several remitting companies and their quantity does not exceed 200 kg by waste code and by company remitting:
1.
Collective tracking documents can be used in a single copy;
2.
Remission companies must retain a voucher for delivery for at least 5 years.
B.
When large quantities of special waste from a polluted site, muds from roadway depots, on the mandate of a municipality, or waste oils are transported to a single disposal company:
1.
A single tracking document may be used for a given vehicle for up to 30 days;
2.
The various trips must be noted in an annex to the monitoring document, indicating the date and time of the transport and the quantity of waste transported.
C.
Where special waste is transhipped during transport without the packaging or receptacles being opened, and the whole of transport lasts no more than ten working days, only one and the same follow-up document may be used for All transportation.
2.2
The OFEV establishes the form of collective monitoring documents under the terms of the ch. 2.1, let. A.
2.3
The following indications will be noted in the collective follow-up document prior to the start of transport:
1.
The name and identification number of the submitting business,
2.
The waste code according to the list of waste, as well as their quantity,
3.
The date of carriage,
4.
The name and address of the carrier
5.
The name and address of the disposal company,
6.
The signature of the carrier and the carrier.
2.4
The disposal company confirms the receipt of the waste by its signature; it must retain the collective monitoring document for at least five years.
2.5
In cases where the follow-up documents in accordance with the c. 1 and 2.1 are ill-suited, the OFEV may, at the request of the parties concerned and after consulting the cantons, authorise the use of other monitoring documents. It fixes the content and form of these documents.

3 Electronic tracking document

3.1
The OFEV makes the follow-up documents available in an electronic database.
3.2
The remitting company and the disposal company may enter in this data bank the particulars referred to in c. 1.2.
3.3
The remitting company provides the carrier with a signed paper copy of the tracking document.
3.4
The carrier shall note the particulars required on this paper copy and the sign.
3.5
The disposal company must sign the paper copy submitted by the carrier and keep it for at least five years.

1 Printed forms can be removed from the Federal Office of Construction and Logistics, Sales of Federal Publications, 3003 Berne.


State 1 Er January 2016

Annex 2

(art. 16, para. 1, let. F; 23, para. 1, let. (d)

Contract for the disposal of wastes subject to transboundary movements

1 Contract for the export of waste

The contract between the exporter located in Switzerland and the disposal company located abroad must include the following:

A.
Indications of the type, quantity and origin of the waste;
B.
Confirmation from the disposal undertaking that it is entitled, under the law of its country, to receive the waste for disposal and that it will dispose of it in an environmentally sound manner;
C.
An undertaking by the exporter to take over the waste or to have it disposed of elsewhere if the OFEV requires it under s. 33 or 34;
D.
A commitment by the disposal company to send a copy of the follow-up document to the exporter and the OFEV within three working days of the shipment of the waste;
E.
A commitment by the disposal company to confirm to the exporter and the OFEV, within 30 days of the completion of the disposal, but no later than one year after the waste was delivered, that the waste has been disposed of in a respectful manner Of the environment.

2 Contract to import waste

The contract between the disposal company located in Switzerland and the exporter located abroad must include the following:

A.
Indications of the type, quantity and origin of the waste;
B.
Confirmation from the disposal company that it is authorized to receive the waste for disposal and that it will dispose of it in an environmentally sound manner;
C.
An undertaking by the exporter located outside Canada to resume the waste if they cannot be imported as intended or if their importation is contrary to the requirements.

State 1 Er January 2016

Annex 3

(art. 44)

Repeal and amendment of the law in force

I

The order of 12 November 1986 on the movement of special waste (ODS) 1 Is repealed.

II

The following orders are amended as follows:

... 2


1 [RO 1987 55, 1991 169 art. 47 hp. 1981, c. II 1, 1992 1749 hp. II 5, 1995 5505 hp. II 1, 1996 903, 2005 2695 Ch. II 12]
2 The mod. Can be viewed at RO 2005 4199 .


State 1 Er January 2016