Basic information
Outline of the system
As a State party to the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal and as a member country of the Organization for Economic Co Operation and Development (OECD), Switzerland implements the relevant provisions through the Ordinance on the control of movements of wastes (OMoD, RS 814.610). This means that wastes may be imported only with the approval of the Federal Office for the Environment (OFEV, https://www.bafu.admin.ch/bafu/fr/home.html) if the necessary conditions are met.
Product coverage
The import of wastes requires the approval of the OFEV. The import of wastes for recovery is exempt from the approval requirement in the case of waste included in the OECD Council Decision's green list and Annex IX of the Basel Convention. Also exempt from this requirement are imports of waste samples from OECD and EU countries (OMoD Article 22).
Nature of licensing
Automatic
If Automatic, administrative purpose
Non-Automatic
If Non-Automatic, description of the notified Non-Automatic Licensing regime
Protect human, animal or plant life and health; Pursue obligations under the UN Charter and other international treaties (Basel Convention)
Products under restriction as to the quantity or value of imports
The purpose of the controls is not to limit the quantity or value of the imports. Compliance with the Basel Convention, the OECD Council Decision and the OMoD, in particular the environmental compatibility of disposal, is critical.
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?
Authorization is required regardless of the origin of the wastes. The importation of wastes is authorized only from States that have ratified the Basel Convention or States with whom an agreement has been reached. Given the OECD Council Decision, the exemptions and procedures are slightly different if the wastes come from an OECD member country.
Expected duration of licensing procedure
Indefinite
Legal requirements
Is the licensing statutorily required?
The Law on environmental protection (LPE, RS 814.01, https://www.admin.ch/opc/fr/classified compilation/19830267/index.html) grants the Federal Council the authority to regulate cross border transport of hazardous wastes and other wastes. The Law, together with the Ordinance on movements of wastes (OMoD, RS 814.610, https://www.admin.ch/opc/fr/classified compilation/20021080/index.html), implements and clarifies the requirements under the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal (RS 0.814.05, https://www.admin.ch/opc/fr/classified compilation/19890050/index.html) and OECD Council Decision C(2001)107/FINAL, a revision of Decision C(92)39/FINAL on the control of transboundary movements of wastes destined for recovery operations. (RS 0.814.052, https://www.admin.ch/opc/fr/classified compilation/20091964/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
Office fédérale de l'environment, OFEV (Federal Office for the Environment, FOEN)
Address
Telephone
Fax
E-mail address
Contact officer
Submission of an application
Administrative body(ies) for submission of an application
Office fédérale de l'environment, OFEV (Federal Office for the Environment, FOEN)
Documentation requirements
What information is required in applications?
A notification form completed in accordance with the Basel Convention, the OECD Council Decision or Regulation (EC) No. 1013/2006 must be submitted together with a written contract between the foreign exporter and the waste management firm in Switzerland.
What documents is the importer required to supply with the application?
A notification form completed in accordance with the Basel Convention, the OECD Council Decision or Regulation (EC) No. 1013/2006 must be submitted together with a written contract between the foreign exporter and the waste management firm in Switzerland.
Window of submission of an application
How far in advance of importation must application for a licence be made?
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
The processing period for applications for authorization is 30 days.
Which administrative body is responsible for approving application of licences?
Generally, the application for importation of wastes is submitted to the authorities of the exporting country and sent by those authorities to the OFEV. In evaluating the application, the OFEV must take into account the views of the competent cantonal authority.
Must the applications be passed on to other organs for visa, note or approval?
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?
Administrative fees, governed by the Ordinance of 18 May 2005 on Federal Office for the Environment fees (OEmol OFEV. RS 814.014), are charged according to the amount of time actually taken to process the application.
What is the amount of the fee or charge?
The base fee for a notification is CHF 700.
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?
When they cross the border, the wastes must be declared as such to the customs authority. A signed form in accordance with the Basel Convention, the OECD Council Decision or Regulation (EC) No. 1013/2006 and a copy of the OFEV's approval must be provided.
Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
The consignee confirms to the exporter and the authorities involved that the disposal is carried out in a manner consistent with environmental requirements.
Conditions of licensing
What is the period of validity of a licence? Can the validity be extended? How?
The OFEV limits its approval to one year at the most. It may give approval for a maximum period of three years to waste disposal firms to which it has given prior approval consistent with the OECD Council Decision.
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.