¹ Air pollution, noise, vibration and radiation are limited by measurements at the source (emission limitation).

² Irrespective of the harmful effects, it is necessary, as a preventive measure, to limit emissions to the extent that the state of the art and the operating conditions permit, and insofar as it is economically bearable.

³ Emissions will be more severely restricted if it appears, or if it is reasonable to assume that the damage, having regard to the current burden of the environment, will be harmful or inconveniences.

¹ Emissions are limited by the application:

A.

Emission limit values;

B.

Construction or equipment requirements;

C.

Traffic or operating requirements;

D.

Requirements for the thermal insulation of buildings;

E.

Fuel and fuel requirements.

² Limitations are contained in orders or, in cases where they have not been referred to, in decisions based directly on this Act.

¹ The Federal Council shall issue by order limit values of immissions applicable to the assessment of harmful or inconveniences.

² In so doing, it also takes into account the effect of immissions on particularly sensitive categories of people, such as children, the sick, the elderly and pregnant women.

The immission limit values for atmospheric pollution are set in such a way that, according to the state of science and experience, immissions below these values:

A.

Do not threaten humans, animals and plants, their biocenoses and their biotopes;

B.

Do not disturb the population in a sensitive manner;

C.

Does not damage buildings;

D.

Do not affect soil fertility, vegetation or water safety.

The limit values for noise and vibration are fixed in such a way that, according to the state of science and experience, immissions below these values do not significantly impede the population in its well-being.

¹ Facilities that do not meet the requirements of this Act and the provisions of other federal statutes that apply to the protection of the environment will be remediated.

² The Federal Council shall lay down requirements for installations, the extent of the measures to be taken, the time limits and the manner of proceeding.

³ Before ordering major remedial action, the authorities are asking the facility holder to propose a remediation plan.

⁴ If there is an urgent need, the authorities will order remediation as a precautionary measure. In case of imperative necessity, they may decide to close the installation.

¹ The authorities grant relief when sanitation within the meaning of s. 16, para. 2, does not in this case reply to the principle of proportionality.

² Nevertheless, the immission limit values for atmospheric pollution and vibration, as well as the alarm value of noise caused by noise, cannot be exceeded.

¹ The processing or expansion of a remediation facility is subject to the concurrent execution of the facility.

² The relief provided for in s. 17 may be limited or deleted.

To enable the authority to assess the urgency of the remediation (art. 16 and 20), the Federal Council may fix, for immissions caused by noise, alarm values above the limit values of immissions (Art. 15).

¹ Where the measures at source do not allow to reduce to a level below the alarm value the noise caused by the noise on buildings already constructed in the vicinity of roads, airports, railway installations or Other existing public or concessional fixed installations, the owners of the affected buildings are required to protect the premises intended for the prolonged stay of persons by means of anti-noise windows or other similar arrangements.

² Owners of fixed noise installations shall bear the costs of the measures necessary for the acoustic insulation if they cannot prove that at the date of the application for the permit to build the building affected:

A.

Limit values for immissions were already exceeded, or

B.

The facilities projects had already been submitted to the public inquiry.

¹ Anyone who wants to build a building for the extended stay of persons must provide adequate facilities for the control of external and internal noise, as well as against vibration.

² The Federal Council shall order the minimum protection to be provided.

¹ Permits to build new buildings for the extended stay of persons will not be issued, subject to para. 2, that if the immission limit values are not exceeded.

² If the limit values for immissions are exceeded, permits for the construction of new buildings for the extended stay of persons will only be issued if the parts have been judiciously disposed of and if the complementary measures of control Against the noise that may still be necessary have been taken. ¹

In order to protect against the noise caused by new fixed facilities and for the planning of new areas to be built, the Federal Council sets limit values for planning below the limit values Of immissions.

¹ The new building areas intended for the construction of dwellings or other buildings for the extended stay of persons may only be provided in places where the immissions caused by the noise do not exceed the values of Planning, or in places where planning, development or construction measures are in place to meet these values. The change in the allocation of areas to be built is not considered to be a delineation of new areas to be built. ²

² Existing but not yet equipped building areas, which are intended for the construction of housing or other buildings for the extended stay of persons and in which the planning values are exceeded, must be assigned Less noise-sensitive use unless planning, development or construction measures meet the planning values in most of these areas.

¹ New fixed installations can only be constructed if the noise caused by the noise of these only installations does not exceed the planning values in the vicinity; the authority issuing the authorisation may require a Prognosis of noise.

² Relief may be granted if the observation of planning values constitutes a disproportionate burden for a facility of overriding public interest, including land use planning. ¹ Nevertheless, in this circumstance and subject to para. 3, the limit values for immissions should not be exceeded.

³ If, during the construction of new roads, airports, railway installations or other public or concessional fixed installations, the application of measures at source does not allow for compliance with the limit values of immissions, Buildings affected by noise must be protected by anti-noise windows or other similar facilities at the expense of the owner of the facility.

¹ The production of waste must be limited to the extent possible.

² Waste should be valued as much as possible.

³ Waste must be disposed of in an environmentally sound manner and, as far as possible and appropriate, on the national territory.

The Federal Council may:

A.

Prohibit the placing on the market of products intended for a single use and of short duration, if the advantages associated with this use do not justify the harm to the environment that it entails;

B.

Prohibit the use of substances or organisms that significantly complicate disposal or may pose a threat to the environment upon disposal;

C.

Require manufacturers to prevent the formation of production waste for which no environmentally-friendly disposal method is known.

¹ In the case of waste whose recovery is considered appropriate or which must be dealt with separately, the Federal Council may require that they be submitted separately for disposal.

² Any person who places in the trade products whose recovery, as waste, is considered appropriate or products which, as waste, must be dealt with separately, may be required by the Federal Council:

A.

To resume these products after use;

B.

To draw up a deposit for which it has itself set the minimum amount, and to reimburse it at the time of the recovery.

³ The Federal Council may provide for the establishment of a clearing fund for the deposit and prescribe in particular:

A.

That any person who places in the business of the goods must pay in the credit union the excess amount from the deposit of the deposit;

B.

The excess amounts must be used to cover losses that the deposit refund may have caused, and to promote the return of returnable products.

¹ Waste intended to be permanently stored must be treated in such a way as to contain as little organic carbon as possible and to be as soluble in water as possible.

² It is prohibited to incinerate waste elsewhere than in a facility, ¹ With the exception of natural waste, from forests, fields and gardens, if their incineration does not result in excessive immissions.

³ The Federal Council may lay down additional requirements for the treatment of certain waste.

The Federal Council may:

A.

Prescribe that certain waste must be valued if it is economically bearable and more environmentally friendly than another method of disposal and the production of new products;

B.

Restrict the uses of certain materials and products, if this increases the opportunities for products of equivalent use that are produced from recovered waste, without resulting in additional costs and High quality losses.

¹ It is forbidden to permanently store waste elsewhere than in a controlled landfill.

² Anyone who wants to develop or operate a controlled landfill must obtain permission from the canton; it is issued only if it proves that discharge is necessary. The authorization defines waste that is eligible for disposal in the controlled landfill for final disposal.

¹ The Federal Council lays down requirements for the movement of waste, the disposal of which requires the implementation of specific measures to be environmentally friendly (special waste). It also regulates imports, exports and transit and takes into account, in particular, the interests of cross-border regional cooperation as well as the impact on the environment of disposal opportunities in Switzerland and abroad. It may also lay down requirements for undertakings which organise or participate in the movement of special waste from Switzerland.

² It prescribes, in particular, that special waste:

A.

Shall be designated as such for their surrender on the national territory and for their import, export and transit;

B.

May, on the national territory, be given only to undertakings holding an authorisation within the meaning of the letter d;

C.

Can be exported only with the authorization of the Agency;

D.

May be taken in charge or imported only by undertakings holding authorisation from the canton.

³ These authorisations are only issued if it is guaranteed that the waste will be disposed of in an environmentally sound manner.

⁴ ... ¹

¹ The Federal Council may make requirements within the meaning of s. 30 F , para. 1 and 2, on the movement of other waste, if it is not guaranteed that the latter will be disposed of in an environmentally friendly manner.

² ... ¹

¹ The Federal Council lays down technical and organisational requirements for waste disposal facilities.

² The authority may limit the operation of waste disposal facilities over time.

¹ The cantons plan to manage their waste. In particular, they define their needs for waste disposal facilities, avoid overcapacity and set the locations of these facilities.

² They communicate their waste management plans to Confederation.

¹ The cantons cooperate in the planning of waste management and in the area of disposal. They avoid overcapacity in waste disposal facilities.

² If they fail to agree, they propose solutions to Confederation. If the Confederation's mediation does not lead to an agreement, the Federal Council may order the cantons to:

A.

To define for the treatment, recovery or final storage facilities of the waste-supply areas; the waste produced in the corresponding area of supply must therefore be given to a given facility;

B.

To establish sites for the construction of waste disposal facilities;

C.

To make appropriate waste disposal facilities available to other cantons; where appropriate, it shall rule on the allocation of costs.

¹ Urban waste, waste from roads and public sewage treatment plants, and waste that cannot be identified or insolvent, are disposed of by the cantons. In respect of wastes for which specific federal requirements require that they be valued by the holder or taken over by a third party, their disposal shall be governed by s. 31 C .

² The cantons define feeder zones for these wastes and ensure the economic exploitation of waste disposal facilities. ¹

³ The holder must dispose of his waste in such a way that they can be collected by the services entrusted to that effect by the cantons or hand them over to the collection points defined by the latter.

¹ Other waste must be disposed of by the holder. It can charge a third party for this elimination.

² To the extent necessary, the cantons shall take measures to facilitate the disposal of such waste. In particular, they can define feeder zones.

³ If, at the national level, the disposal of these wastes requires the definition of only a small number of feeder areas, the Federal Council may define it itself.

¹ The waste holder is responsible for the cost of disposal, with the exception of waste for which the Federal Council has specific provisions.

² If the holder cannot be identified or is unable, because of insolvency, to meet the requirements within the meaning of para. 1, the cantons bear the cost of disposal.

¹ The cantons shall ensure that the costs of the disposal of urban waste, as long as it is entrusted to them, are placed, through emoluments or other taxes, at the expense of those who are responsible for the waste. The amount of the fees shall be fixed in particular as follows:

A.

The type and quantity of waste returned;

B.

Costs for the construction, operation and maintenance of waste disposal facilities;

C.

The depreciation required to maintain the value of the capital of these facilities;

D.

Interest;

E.

Planned investments in the maintenance, remediation and replacement of these facilities, for their adaptation to legal requirements or for improvements in their operation.

² If the introduction of costs and the principle of causality were to compromise the disposal of urban waste according to the principles of environmental protection, other forms of financing may be introduced.

³ The holders of waste disposal facilities are the necessary provisions.

⁴ The basis for calculating the amount of fees is available to the public.

¹ The Federal Council may impose the payment of an early elimination fee with a private organization mandated and supervised by the Confederation to producers and importers who place in the trade of products which, after use, Become waste which is spread over a large number of holders and which must be dealt with separately or whose recovery is deemed appropriate. This tax is used to finance the disposal of waste, whether carried out by individuals or by corporations governed by public law.

² In view of the cost of disposal, the Federal Council sets a minimum tax rate and a maximum rate of taxation. The Federal Department of the Environment, Transport, Energy and Communication ² Sets the tax rate, which is within this range.

³ The Federal Council defines the manner in which the tax is collected and allocated. In particular, it may prescribe that any person who places in the trade of goods must, by appropriate means, inform the consumer of the amount of the tax.

¹ Any person who exploits or wishes to operate a controlled discharge must ensure that the costs resulting from the closure, subsequent interventions and remediation are covered by means of a provision, insurance or otherwise.

² If the holder of the controlled discharge is the guarantor himself, he shall forward each year to the authority the amount of the guarantee.

³ If the guarantor is a third party, he or she must notify the authority of the existence, suspension and termination of the guarantee. The Federal Council may require that the guarantee be suspended or cease only 60 days from the date of receipt of the notification.

⁴ The Federal Council may issue security requirements. It may include:

A.

Determine the scope and duration of this guarantee or delegate this task to the authority, which will act on a case-by-case basis;

B.

Provide that ownership of the land on which the controlled landfill is located will be transferred to the township following the closure of the land and settle the issue of compensation.

¹ If the holder of a building removes material from a contaminated site that is not to be disposed of for remediation under s. 32 C , it may in general ask the persons responsible for the pollution and the former owners of the site to pay two thirds of the additional costs of investigation and disposal of the said materials in the following cases:

A.

The persons responsible for the pollution did not provide any compensation for the pollution or the former holders did not agree to discount the price because of pollution during the sale of the property;

B.

The disposal of materials is necessary for the construction or processing of buildings;

C.

The holder has acquired the building between the ^Er July 1972 and 1 ^Er July 1997.

² The action may be opened before the civil court of the place where the building is situated. The corresponding civil procedure shall apply.

³ It is possible to assert the claims resulting from para. 1 no later than 1 ^Er November 2021.

¹ The cantons shall ensure that controlled dumps and other sites polluted by waste (polluted sites) are remediated, when they cause harmful or inconveniences, or that there is a concrete danger that such attacks Appear. The Federal Council may lay down provisions on the need for sanitation, on objectives and on the urgency of sanitation.

² The cantons shall establish a cadastre, accessible to the public, of polluted sites.

³ They can carry out the investigation, monitoring and remediation of polluted sites themselves, or charge third parties, if:

A.

This is necessary to prevent the immediate threat of harm;

B.

The person who is required to do so shall not be able to ensure that the measures are carried out, or

C.

The person who is required to do so does not act, despite a warning, within the prescribed time limit.

¹ The person who is responsible for the necessary measures shall bear the costs of investigating, monitoring and remediating the polluted site.

² If several people are involved, they bear the costs of sanitation in proportion to their share of responsibility. First, costs the one that made the measures necessary by his behaviour. A person who is involved only as a holder of the site does not bear any costs if, even by applying the duty of care, she has not been able to know of the pollution.

³ The competent public authority shall bear the share of costs borne by the persons responsible for the measures, which cannot be identified or which are insolvent.

⁴ The authority takes a decision on the allocation of costs where a person concerned requires it or an authority takes the measures itself.

⁵ If the investigation reveals that a site registered or likely to be registered in the cadastre (Art. 32 C , para. 2) is not polluted, the competent public authority shall bear the costs of the necessary investigative measures.

¹ The authority may require a person at the origin of the necessary measures to guarantee in an adequate form, at the height of the intended share, the coverage of the costs of investigation, monitoring and remediation of a potentially polluted site Cause harmful or nuisance damage.

² The amount of the guarantee shall be based, inter alia, on the extent, type and intensity of the pollution. It is adapted when the improvement of the state of knowledge justifies it.

³ The transfer or sharing of a building on which a site is located in the cadastre of the polluted sites requires the authorisation of the authority. The authorization is granted under one of the following conditions:

A.

The site is not likely to cause harm or inconvenience;

B.

Coverage of the costs of the measures to be provided is guaranteed;

C.

Assignment or sharing is in the public interest.

⁴ The cantonal authority may make reference to the land register that the site concerned is registered in the cadastre.

¹ The Federal Council may:

A.

Require the holder of a controlled landfill to pay the Confederation a tax on the final disposal of waste;

B.

Require the exporter of waste destined for final storage to pay the Confederation a tax on the export of such waste.

^1bis For landfill sites intended exclusively for the disposal of unpolluted waste, a tax may be prescribed only if it is necessary to promote the recovery of such waste. ¹

² The Federal Council sets the tax rate, taking into account, in particular, the likely costs and the type of discharge. This rate may not exceed:

A.

For permanently stored waste in Switzerland:

1.

In a controlled landfill for waste that is not or is not polluted: 8

2.

In another controlled discharge: 25 en ./t;

B.

For permanently stored waste abroad:

1.

Underground discharge: 30 en ./t,

2.

In another discharge: an identical rate to the rate that would apply if the final disposal of the waste took place in a controlled landfill in Switzerland. ²

^2bis The Federal Council may adapt the maximum amount of the tax referred to in para. 2 to the national consumer price index. ³

³ The Confederation shall allocate the proceeds of these taxes exclusively to the financing of the following measures:

A.

The establishment of the cadastres of polluted sites, if the holders have had the opportunity to pronounce until 1 ^Er November 2007 on the registration of their site in the cadastre;

B.

The investigation, monitoring and remediation of polluted sites on which no waste has been deposited after 1 ^Er February 2001, when: ⁴

1.

The manager cannot be identified or insolvent,

2.

The site has largely been used for the final disposal of municipal waste;

C. ⁵

The investigation, monitoring and remediation of polluted sites around shooting booths, excluding primarily commercial target shooting booths, if:

1.

No waste no longer has been deposited there after 31 December 2012 in the case of sites in a groundwater protection zone,

2.

No waste was deposited there after December 31, 2020 in the case of other sites;

D.

Investigation of unpolluted sites (art. 32 D , para. 5).

⁴ Only measures that respect the environment, are economic and take account of technological developments benefit from this funding. The amounts are paid to the cantons according to their expenditure and amount to:

A.

A fee of 500 francs per site for the funding referred to in para. 3, let. A;

B. ⁶

For the funding referred to in para. 3, let. B:

1.

40 % of the costs chargeable when no waste has been deposited on the site after 1 ^Er February 1996,

2.

30 % of the costs attributable when waste has been deposited on the site after 1 ^Er February 1996, but no later than 31 January 2001;

C. ⁷

For the funding referred to in para. 3, let. C:

1.

A plan of 8000 francs per target in the case of shooting facilities at 300 m,

2.

40 per cent of the costs attributable to other shooting facilities;

D. ⁸

For the funding referred to in para. 3, let. D, 40 % of chargeable costs. ⁹

⁵ The Federal Council lays down provisions on the procedure for collecting the tax, as well as on the financing of the measures and the costs chargeable.

⁶ The cantonal law may also provide for taxes to finance the investigation, monitoring and remediation of polluted sites.

Subject to Art. 41, the execution of this Law shall be the responsibility of the cantons.

The implementing provisions of the cantons governing protection against disasters (art. 10), the study of environmental impact (art. 10 A To 10 D ), sanitation (art. 16 to 18), the acoustic insulation of buildings (art. 20 and 21) and waste (art. 30 to 32, 32 A ^Bis To 32 E ), must be approved by the Confederation.

¹ The Confederation shall monitor the application of this Law.

² It coordinates the implementing measures of the cantons as well as those of its own establishments and operations.

³ The Federal Council sets out the methods of examination, measurement and calculation.

¹ The Federal Council shall issue the implementing rules.

^1bis In so doing, it may declare applicable internationally harmonized technical requirements and standards and:

A.

Enabling the competent Office to declare applicable any minor modification of these requirements and standards;

B.

Provide that the requirements and standards declared applicable are the subject of a particular publication mode and are not translated into official languages. ¹

² It may conclude international agreements relating to:

A.

Technical requirements;

A ^Bis . ² Substances that are hazardous to the environment (art. 26 to 29);

B. ³

The limitation and disposal of waste;

C.

Collaboration in border regions through international advisory committees;

D.

Data banks and surveys;

E.

Research and training.

³ ... ⁴

¹ Depending on the damage to the environment, the Federal Council may make the placing on the market of installations manufactured in series to an assessment of conformity, to the application of a test mark to a registration or to A licence.

² It may recognize tests, conformity assessments, test marks of registrations and foreign approvals.

¹ The Confederation executes the art. 12, para. 1, let. E (fuel and fuel requirements), 26 (self-control), 27 (information for the licensee), 29 (substance requirements), 29 A To 29 H (use of organisms), 30 B , para. 3 (deposit compensation fund), 30 F And 30 G (import and export of waste), 31 A , para. 2, and 31 C , para. 3 (Confederation measures on waste disposal), 32 A ^Bis (early elimination fee), 32 E , para. 1 to 4 (tax), 35 A At 35 C (incentive fees), 39 (performance requirements and international agreements), 40 (placing on the market of installations manufactured in series) and 46, para. 3 (information on substances and organisms); cantons may be called upon to cooperate in carrying out certain tasks. ¹

² In carrying out this task, the federal authority administering another federal law or international treaty is also responsible for the enforcement of the Environmental Protection Act. Before taking its decision, it shall consult the cantons concerned. The Agency and other relevant federal departments shall cooperate in enforcement in accordance with ss. 62 A And 62 B The Federal Act of 21 March 1997 on the organization of government and administration ² . ³

³ If the procedure provided for in para. 2 is not suitable for certain tasks, the Federal Council regulates the execution of these tasks by the relevant federal departments. ⁴

⁴ Federal enforcement authorities shall take into account the measures taken by the cantons to protect the environment. ⁵

¹ The Confederation and, within the framework of their powers, the cantons, shall cooperate with the economic organisations in carrying out this Act.

² They can promote the conclusion of sectoral agreements with targets and deadlines.

³ Before implementing performance requirements, they examine the measures that the economy has taken voluntarily. If possible and if necessary, they shall, in part or in whole, resume sectoral agreements in the right of execution.

¹ In order to ensure the examination of environmental protection issues, the cantons shall establish a specialised service or designate, for that purpose, existing Offices which are in a position to undertake this task.

² The Office is the specialized service of the Confederation. ¹

The executive authorities may entrust to public authorities or individuals the performance of various enforcement tasks, in particular as regards monitoring and supervision.

¹ The Federal Council may make provisions on the introduction:

A.

A voluntary system for setting up an eco-label (eco-label);

B.

A voluntary system for evaluating and improving the company's environmental performance (environmental management and audit system).

² It takes into account international law and internationally recognized technical standards.

¹ The Confederation and the cantons shall carry out investigations into the environmental nuisance and shall monitor the effectiveness of the measures taken under this Law.

² Federal and cantonal data banks and surveys are coordinated by the Federal Council.

³ It decides what data on substances and organisms and collected under the legislation on genetic engineering, foodstuffs, therapeutic products, chemicals and agriculture, as well as on Epidemics and epizootic diseases are communicated to the Office. ¹

¹ Where several sources of atmospheric pollution cause harmful or nuisance damage, or if such damage is to be expected, the competent authority shall establish within a time limit a plan of measures to be taken to reduce such damage Or to fix it (plan of measures).

² The measures plans are binding on the authorities to which the cantons have entrusted enforcement tasks. They distinguish between measures that can be ordered immediately and those for which legal bases have yet to be created.

³ If the plan provides for measures of the competence of the Confederation, the cantons will present their proposals to the Federal Council.

The Federal Council may prescribe regular inspections of facilities such as oil heaters, waste disposal facilities or construction machinery.

¹ Each person is required to provide the authorities with the information necessary for the purposes of this Act and, if necessary, to conduct investigations or to tolerate such investigations.

² The Federal Council or the Cantons may order that statements be drawn up on atmospheric pollution, noise and vibration, waste and disposal, and the nature, quantity and properties of substances and Organizations, whether these statements are kept and communicated to the authorities who request it. ¹

³ The Federal Council may direct that information be provided on substances or organisms that may constitute a threat to the environment or that are placed in commerce for the first time. ²

¹ And ² ... ²

³ All persons responsible for the application of this Act, as well as experts or members of committees and working groups, are required to respect the secrecy of the function.

⁴ The communication to a foreign authority and to international organizations of confidential information collected in connection with the implementation of this Law shall be permitted only if it is provided for by an international agreement, by means of Resolutions by international organizations or by federal law. ³ The Federal Council regulates the competences and the procedure. ⁴

¹ Authorisations, control measures and special benefits provided for in this Law shall give rise to the levying of emoluments.

² At the federal level, the amount of the fees is fixed by the Federal Council and, on the cantonal level, by the competent authority according to the cantonal law.

The appeal procedure is governed by the general provisions of the federal procedure.

¹ An environmental protection organisation shall have the right to appeal against decisions of the cantonal or federal authorities relating to the planning, construction or modification of installations subject to the provisions on Impact assessment (art. 10 A ) The following conditions:

A.

The organisation is active at national level;

B.

The organization pursues a non-profit goal; possible economic activities serve the non-profit goal.

² The organization has the right to use only those areas of law that have been covered by its statutes for at least ten years.

³ The Federal Council appoints the organizations that have standing to use.

⁴ The senior executive body of the organization is competent to decide on an appeal.

⁵ Organizations can empower their cantonal and regional structures, when they are legally independent, to oppose in general terms and to resort to special cases, for their local field of activity.

¹ The authority shall notify the organizations of its decisions within the meaning of s. 55, para. 1, in writing or publish them in the Federal Leaf or in the official organ of the canton.

² Where the federal or cantonal law provides for opposition proceedings, the application must also be published in accordance with para. 1.

¹ Organizations that have not filed an appeal may intervene as parties in the proceedings only if a change in the decision affects them. In the case of expropriation, the Federal Act of 20 June 1930 on expropriation ² Is applicable.

² If an organization has not participated in an opposition procedure under federal or cantonal law, it can no longer form an appeal.

³ If an organization has failed to formulate admissible grievances against a decision-making plan, or if those grievances have been rejected definitively, the organization can no longer claim them in a subsequent proceeding.

⁴ The s. 2 and 3 also apply to oppositions and appeals against assignment plans under the cantonal law.

¹ An agreement between an applicant and an organisation concerning commitments under public law has only the value of a joint proposal for the authority. The Commission takes it into account in its decision, provided that no vice is found within the meaning of s. 49 of the Federal Act of 20 December 1968 on administrative procedure ² .

² Agreements between applicants and organisations dealing with financial or other benefits are unlawful when they:

A.

Impose obligations under public law, including conditions laid down by public authorities;

B.

Are intended to carry out measures which are not provided for by public law or which are not related to the project;

C.

Provide for compensation for the waiver of an appeal or other conduct influencing the proceedings.

³ The appeal authority shall not enter into an appeal if the appeal is abusive or if the organization has made claims to unlawful benefits within the meaning of para. 2.

Work may be undertaken before the end of the proceedings, provided that the outcome of the proceedings cannot affect the work.

The successful organization bears the costs of the appeal process with the federal authorities.

¹ An environmental protection organisation has the right to appeal against the marketing authorisations of pathogenic organisms intended for use in the environment under the following conditions:

A.

The organisation is active at national level;

B.

The organization was founded at least ten years before the commencement of the appeal.

² The Federal Council appoints the organizations that have standing to use.

³ Art. 55 A And 55 B , para. 1 and 2, are applicable.

¹ The Office shall be entitled to use all remedies provided for by federal law and the cantonal law against decisions of cantonal authorities pursuant to this Act or its implementing provisions. ¹

² The cantons have the same right of appeal when infringements from a neighbouring canton affect their territory.

³ ... ²

The communes are entitled to use the means of redress provided for by federal law and the cantonal law against the decisions of federal or cantonal authorities based on this Act and its implementing provisions, as they are Concerned by those decisions and that they have an interest worthy of protection if they are annulled or amended.

¹ If the execution of this Law so requires, the Confederation and the Cantons may exercise the right of expropriation or give it to third parties. ¹

² In their performance requirements, the cantons may declare applicable the Federal Act of 20 June 1930 on expropriation ² They provide that:

A.

The cantonal government rules on unresolved objections;

B.

The Chairman of the Federal Basis of Estimate may authorize the application of the summary procedure where it is possible to determine exactly who is affected by the expropriation.

³ Federal legislation on expropriation applies in the case of works located on the territory of several cantons. ³ The Federal Department of the Environment, Transport, Energy and Communication takes a decision on expropriation.

The costs arising from measures taken by the authorities to prevent an imminent attack, as well as to determine its existence and remedy it, shall be borne by the person who is causing it.