Key Benefits:
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:
1 The purpose of this Order is to ensure that the waste will only be returned to appropriate disposal companies.
2 It governs:
3 It does not apply to:
4 Are reserved:
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3 Repealed by c. I of the O of 11 Nov 2009, with effect from 1 Er Jan 2010 ( RO 2009 6259 ).
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:
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 ).
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.
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.
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:
3 The cantonal authority may authorise an undertaking to mix or dilute special waste which it regularly presents in large quantities if:
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 ).
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:
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.
1 The submitting company is required to provide the following information on packaging used for the transport of special waste:
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:
The application for authorization must provide guidance on:
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:
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 ).
1 The disposal company controls for any reception of special waste, before confirming this receipt by signing 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 ).
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:
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:
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 ).
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:
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.
1 The export of waste within the meaning of the Basel Convention is authorised only to countries:
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:
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 ).
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:
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 ).
1 The application for export authorization must include the following documents:
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 ).
The OFEV allows for export:
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 ).
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.
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 ).
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:
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 ).
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.
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:
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 ).
1 OFEV agrees to import:
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 ).
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 ).
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.
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.
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.
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.
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:
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:
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 ).
Special waste must be declared as such in the customs transit 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:
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:
4 Anyone who imports waste must:
5 Every person who exports or imports waste must:
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 ).
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.
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:
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.
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.
1 Anyone who organises, from Switzerland, special waste movements between third countries or participates in it, must send to the OFEV:
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.
The cantons shall execute this order, unless the latter entruss the execution to the Confederation.
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.
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 ).
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:
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 ).
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:
3 The cantons have access to the data concerning them.
1 The OFEV publishes once a year a special waste statistics which includes information on:
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:
1 The customs services control the monitoring documents:
2 They oppose:
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
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 ).
The repeal and amendment of the existing law are set out in Schedule 3.
1 The following authorisations issued before the entry into force of this Order shall remain valid within the specified time limits:
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.
This order shall enter into force on 1 Er January 2006.
(art. 6, para. 1; 11, para. 2; 13, para. 1 and 2)
1 Printed forms can be removed from the Federal Office of Construction and Logistics, Sales of Federal Publications, 3003 Berne.
(art. 16, para. 1, let. F; 23, para. 1, let. (d)
The contract between the exporter located in Switzerland and the disposal company located abroad must include the following:
The contract between the disposal company located in Switzerland and the exporter located abroad must include the following:
(art. 44)
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 .