Basic information
Outline of the system
In order to implement the Minamata Convention on Mercury, ratified by Switzerland on 25 May 2017, which seeks to establish measures aimed at regulating the supply and demand of mercury at international level, the legislation on chemical products was amended so as to introduce a control system for imports of mercury, mercury compounds and mercury alloys. These products can only be imported after import authorization has been issued. Certain exceptions to this rule may, however, apply where the products concerned are imported for research and development purposes.
Product coverage
The import licensing system concerns mercury (CAS No. 7439 97 6), preparations with a mercury content of 95% or more by mass, mercury alloys, and certain mercury compounds (customs tariff numbers 2805.4000, 2852.1010, 2852.1090 and 2852.9000).
Nature of licensing
Automatic
If Automatic, administrative purpose
Non-Automatic
If Non-Automatic, description of the notified Non-Automatic Licensing regime
Products under restriction as to the quantity or value of imports
No restrictions on quantity or value. The purpose of the measure is to ensure compliance with the Minamata Convention.
Questions for products under restriction as to the quantity or value of imports
Not applicable (no restrictions).
The system applies to products originating from which country?
The system applies regardless of where the goods originate/come from.
Expected duration of licensing procedure
Legal requirements
Is the licensing statutorily required?
The import system is maintained under the provisions of Annex 1.7 to the Chemical Risk Reduction Ordinance (ORRChim, RS 814.81, https://www.admin.ch/opc/fr/classified compilation/20021520/index.html). The Government has the authority to modify the content of these provisions, in particular with regard to import restrictions, under the Law of 15 December 2000 on chemical products (LChim, RS 813.1, https://www.admin.ch/opc/fr/classified compilation/19995887/index.html) and the Law of 7 October 1983 on environmental protection (LPE, RS 814.01, https://www.admin.ch/opc/fr/classified compilation/19830267/index.html).
Does the legislation leave designation of products to be subject to licensing to administrative discretion?
Is it possible for the government to abolish the system without legislative approval?
Eligibility of applicants
Is there a system of registration of persons or firms permitted to engage in importation?
What persons or firms are eligible to apply for a licence?
In principle, all persons, firms and institutions are eligible to apply for an import licence.
Is there a registration fee?
Is there a published list of authorized importers?
Contact point for information on eligibility
Ministry/Authority
Address
Telephone
Fax
E-mail address
Website
Contact officer
Submission of an application
Administrative body(ies) for submission of an application
Documentation requirements
What information is required in applications?
Applications for import authorizations must contain the name and address of the applicant, the name and address of the foreign exporter, the chemical name, tariff item number, intended use and anticipated amount of each substance and preparation to be imported, and confirmation by the importer that the substance or preparation to be imported is not intended for re export. If the exporting country is not party to the Minamata Convention, written confirmation that the mercury does not come from either primary mercury mining or the chlorine alkali industry is required.
What documents is the importer required to supply with the application?
Window of submission of an application
How far in advance of importation must application for a licence be made?
In view of the time required by the competent authority to issue the licence (30 days from when all the required documentation is received), the application should be submitted at least one month in advance of the importation itself.
Are there any limitations as to the period of the year during which application for licence can be made? If so, explain
No.
Issuing the license
Can a licence be granted immediately on request?
No.
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
In exceptional cases, a licence may be obtained in less time if all the required documentation (cf. 10) is present.
Which administrative body is responsible for approving application of licences?
Applications are considered by a single authority, the Federal Office for the Environment (OFEV, https://www.bafu.admin.ch/bafu/fr/home.html).
Must the applications be passed on to other organs for visa, note or approval?
Applications are considered by a single authority, the Federal Office for the Environment (OFEV, https://www.bafu.admin.ch/bafu/fr/home.html).
Are there any other conditions attached to the issue of a licence?
No.
Fees and other administrative charges
Is there any licensing fee or administrative charge?
Yes.
What is the amount of the fee or charge?
Administrative fees, governed by the Ordinance of 18 May 2005 on fees with respect to chemical products (OEChim. RS 813.153.1), are charged according to the amount of time actually taken to process the application.
Is there any deposit or advance payment required associated with the issue of licences?
No.
Amount or rate?
Is it refundable?
What is the period of retention?
What is the purpose of this requirement?
Refusal of an application
Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria?
There are no reasons to refuse an application for a licence other than failure to meet the specific criteria.
Are the reasons for any refusal given to applicants?
The reasons for any refusal are communicated to the applicant, who has a right to appeal the decision to the Federal Administrative Court and, at second instance, to the Federal Supreme Court.
Have applicants a right of appeal in the event of refusal to issue a licence?
The reasons for any refusal are communicated to the applicant, who has a right to appeal the decision to the Federal Administrative Court and, at second instance, to the Federal Supreme Court.
If so, to what bodies and under what procedures?
The reasons for any refusal are communicated to the applicant, who has a right to appeal the decision to the Federal Administrative Court and, at second instance, to the Federal Supreme Court.
Importation
Are there any limitations as to the period of year during which importation may be made?
No.
What documents are required upon actual importation?
The licence number must be transmitted to the customs authorities prior to importation and a copy of the import licence may be required upon actual importation.
Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
No.
Conditions of licensing
What is the period of validity of a licence? Can the validity be extended? How?
Import licences are granted for a maximum of 12 months and cannot be extended (unless a new application is filed).
Is there any penalty for the non-utilization of a licence or a portion of a licence?
No.
Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
No.
Foreign Exchange
Is foreign exchange automatically provided by the banking authorities for goods to be imported?
There are no restrictions on foreign exchange in force.
Is a licence required as a condition to obtaining foreign exchange?
There are no restrictions on foreign exchange in force.
Is foreign exchange always available to cover licences issued?
There are no restrictions on foreign exchange in force.
What formalities must be fulfilled for obtaining the foreign exchange?
There are no restrictions on foreign exchange in force.