Ordinance
on the Reduction of Risks relating to the Use of Certain Particularly Dangerous Substances, Preparations and Articles
(Chemical Risk Reduction Ordinance, ORRChem)

Art. 3a

¹ Special labelling must be clearly legible and indelible. It must be in at least one official language of the place where the substance, preparation, appliance or article is supplied to users or the where the system is installed.

2 The following may be labelled in different official language or in English with the agreement of the individual professional users:

a.

a substance or preparation for supply to professional users;

b.

appliances and systems for professional users.

³ The official languages are German, French and Italian.

1.1

Persistent organic pollutants

1.2

Halogenated organic substances

1.3

Chlorinated aliphatic hydrocarbons

1.4

Substances that deplete the ozone layer

1.5

Substances stable in the atmosphere

1.6

Asbestos

1.7

Mercury

1.8

Octylphenol, nonylphenol and their ethoxylates

1.9

Flame retardants

1.10

Substances classified as carcinogenic, mutagenic or toxic to reproduction

1.11

Dangerous liquid substances

1.12

Benzene and related compounds

1.13

Nitroaromatics, aromatic amines and azo dyes

1.14

Organotin compounds

1.15

Tars

1.16

Per- and polyfluoroalkyl substances

1.17

Substances listed in Annex XIV to Regulation (EC) No 1907/2006

1.18

Phthalates

2.1

Laundry detergents

2.2

Cleaning, deodorising and cosmetic products

2.3

Solvents

2.4

Biocidal products

2.5

Plant protection products

2.6

Fertilisers

2.7

De-icing products

2.8

Paints and varnishes

2.9

Plastics and additives

2.10

Refrigerants

2.11

Extinguishing agents

2.12

Aerosol dispensers³⁷

2.13

Thermal fuel additives

2.14

Capacitors and transformers

2.15

Batteries

2.16

Special provisions relating to metals

2.17

Wood-based materials

2.18

Electrical and electronic equipment

(Art. 3)

¹ It is prohibited to manufacture, place on the market, import on a private basis or use:

a.

persistent organic substances as specified in Number 3;

b.

substances and preparations containing persistent organic substances as specified in Number 3 which are not merely unavoidable impurities.

² New articles may not be placed on the market if they or their components contain persistent organic substances as specified in Number 3 which are not merely unavoidable impurities.

³ For perfluorooctane sulfonic acid and its derivatives (PFOS), and perfluorooctanoic acid (PFOA) and its precursor compounds, Annex 1.16 applies.

⁴ For electrical and electronic equipment that contains hexabromobiphenyl or brominated diphenyl ethers, Annex 2.18 applies.

⁵ For decabromodiphenyl ether, Annex 1.9 numbers 2 and 4 apply.

¹ The prohibitions specified in Number 1 paragraph 1 do not apply to:

a.

manufacture, placing on the market and use for analysis and research purposes;

b.

lubricating oils and greases manufactured from waste oils if the content of persistent organic substances does not exceed 0.0001 % by mass (1mg/kg).

^1bis The prohibitions specified in Number 1 paragraph 1 letter b do not apply to substances and preparations, provided that:

a.

their content of alkane C₁₀–C₁₃, chloro- does not exceed 1 % by mass;

b.

their content of brominated diphenyl ethers as specified in Number 3 letter d does not exceed 0.001 % by mass (10 mg/kg).

² The prohibitions specified in Number 1 paragraph 1 letter b and paragraph 2 do not apply to articles and their components, provided that:

a.

their content of alkane C10-C13, chloro does not exceed 0.15 % by mass;

b.

their content of tetra-, penta-, hexa- and heptabromodiphenyl ether as specified in Number 3 letter d does not exceed 0.001% by mass (10mg/kg).

³ In addition, the prohibitions specified in Number 1 paragraph 1 letter b and paragraph 2 do not apply to preparations and articles manufactured partially or fully from recycled materials or materials from waste prepared for re-use, provided that their content of tetra-, penta-, hexa- and heptabromodiphenyl ether as specified in Number 3 letter d does not exceed 0.1 % by mass.

Halogenated aliphates

–

Hexachlorobutadine (CAS no 87-68-3);

–

Alkanes C10-C13, chloro (CAS no 85535-84-8);

–

Perfluorooctane sulfonic acid and its derivatives (PFOS);

–

Hexachlorocyclohexane (HCH, all isomers);

–

Hexabromocyclododecane (HBCDD, isomers of CAS no 25637-99-4, CAS no 3194-55-6, CAS no 134237-50-6, CAS no 134237-51-7 and CAS no 134237-52-8);

–

Aldrin (CAS no 309-00-2);

–

Chlordane (CAS no 57-74-9);

–

Chlordecone (Kepone, CAS no 143-50-0);

–

Dieldrin (CAS no 60-57-1);

–

Endosulfan (CAS no 115-29-7) and its isomers (CAS no 959‑98‑8 and CAS no 33213-65-9);

–

Endrin (CAS no 72-20-8);

–

Heptachlor (CAS no 76-44-8) and Heptachlor epoxide (CAS no 1024‑57-3);

–

Mirex (CAS no 2385-85-5);

–

Toxaphene (CAS no 8001-35-2).

–

Perfluorooctanoic acid (PFOA) and its precursor compounds.

b.

Halogenated Monoaromaten

–

Pentachlorobenzene (CAS no 608-93-5);

–

Hexachlorobenzene (CAS no 118-74-1).

–

Pentachlorphenol (PCP, CAS no 87-86-5), its salts and esters.

c.

Halogenated biphenyls and naphthalenes

–

Polychlorinated biphenyls (CAS no 1336-36-3 and others);

–

Hexabrombifenyl (CAS no 36355-01-8);

–

Polychlorinated naphthalenes with the formula C₁₀H_nCl_8–n where 0 ≤ n ≤ 7.

d.

Brominated diphenyl ethers

–

Tetrabromodiphenyl ether with the formula C₁₂H₆Br₄O;

–

Pentabromodiphenyl ether with the formula C₁₂H₅Br₅O;

–

Hexabromodiphenyl ether with the formula C₁₂H₄Br₆O;

–

Heptabromodiphenyl ether with the formula C₁₂H₃Br₇O;

–

Decabromdiphenyl ether with the formula C₁₂Br₁₀O.

e.

DDT and DDT-like compounds

–

Dichlorodiphenyltrichloroethane (DDT);

–

Dicofol (CAS no 115-32-2).(DDT).

¹ The prohibitions specified in Number 1 paragraph 1 letter b and paragraph 2 come into force on 1 March 2016 for:

a.

the placing on the market and use of expandable polystyrene that contains HBCDD for the manufacture of insulation panels for use in and on buildings;

b.

the first placing on the market of insulation panels made of expanded polystyrene that contains HBCDD for use in and on buildings;

c.

the first placing on the market of installation panels made of extruded polystyrene that contains HBCDD for use in and on buildings.

² The prohibition specified in Number 1 paragraph 2 does not apply to insulation panels made of expanded or extruded polystyrene for use in and on buildings if the insulation panels were manufactured with sections containing HBCDD that arise in the processing of new insulation panels in and on buildings.

³ On the receipt of a justified request, the Federal Office for the Environment (FOEN) may grant temporary exemptions from the prohibitions specified in paragraph 1 letters a and b if the applicant can demonstrate that a substitute without HBCDD cannot actually be obtained for the preparations or objects. The time limit may last until 1 March 2018 at the latest.

(Art. 3)

¹ It is prohibited to manufacture, place on the market, import on a private basis or use:

a.

halogenated organic substances as specified in Number 3;

b.

substances and preparations containing halogenated organic substances as specified in Number 3 which are not merely unavoidable impurities.

² It is prohibited to place new textiles and new leather goods on the market if they or their components contain substances as specified in Number 3 letters a – e which are not merely unavoidable impurities.

³ It is prohibited to place on the market new articles if they or their components contain substances as specified in Number 3 Letters f and g which are not merely unavoidable impurities.

⁴ For chlorinated biphenyls and naphthalenes and hexabromobiphenyl, Annex 1.1 applies.

⁵ For electrical and electronic equipment that contain octabromodiphenyl ether, Annex 2.18 applies.

¹ The prohibitions specified in Number 1 paragraph 1 do not apply to:

a.

manufacture, placing on the market and use for analysis and research purposes;

b.

mono- and di-halogenated biphenyls, terphenyls and naphthalenes and to preparations that contain such substances if they are used exclusively as intermediate products in synthesis and are merely contained in finished products as unavoidable impurities;

c.

lubricating oils and greases manufactured from waste oils if their content of halogenated biphenyls does not exceed 0.0001 % (1mg/kg) by mass;

d.

the manufacture of 1,2,4 trichlorobenzene and substances and preparations containing 1,2,4 trichlorobenzene;

e.

the placing on the market and use of 1,2,4 trichlorobenzene and of substances and preparations containing 1,2,4 trichlorobenzene as:

1.

intermediate products in synthesis, in particular for the manufacture of 1,3,5-trinitro-2,4,6-triaminobenzene,

2.

process solvents in closed systems in chlorination reactions;

f.

the placing on the market and use of substances and preparations with a maximum concentration of 0.1 % 1,2,4 trichlorobenzene by mass.

² The prohibition specified in Number 1 paragraph 2 does not apply to the import of new textiles and new leather goods which are only finished or repackaged in Switzerland and then re-exported in their entirety.

³ In relation to the substance specified in Number 3 letter g, the prohibition specified in Number 1 paragraph 3 does not apply to the placing on the market of articles if their content of octabromodiphenyl ether does not exceed 0.1 % by mass.

a.

Aliphatic polycyclic systems

–

isodrin (CAS no 465-73-6);

–

kelevan (CAS no 4234-79-1);

–

strobane (CAS no 8001-50-1);

–

telodrin (CAS no 297-78-9).

b.

DDT-like compounds

–

dichlorodiphenyldichloroethylene (DDE);

–

dichlorodiphenyldichloroethane (DDD);

–

methoxychlor (CAS no 72-43-5);

–

perthane (CAS no 72-56-0);

c.

Quintozene(CAS no 82-68-8).

d.

Polychlorinated phenols and their derivatives

–

pentachlorophenoxy compounds;

–

tetrachlorphenols (TeCP) and their salts, and tetrachlorophenoxy compounds.

e.

Halogenated biphenyls, terphenyls and naphthalenes

–

halogenated biphenyls with the formula C₁₂H_nX_10-n;

X = halogen, 0 ≤ n ≤ 9;

–

halogenated terphenyls with the formula C₁₈H_nX_14–n;

X = halogen, 0 ≤ n ≤ 13;

–

halogenated naphthalenes with the formula C₁₀H_nX_8–n;

X = halogen, 0 ≤ n ≤ 7.

f.

Halogenated diarylalkanes

–

monomethyl-tetrachloro-diphenyl methane (CAS no 76253-60-6);

–

monomethyl-dichloro-diphenyl methane;

–

monomethyl-dibromo-diphenyl methane (CAS no 99688-47-8).

g.

Octabromodiphenyl ether with the molecular formula C₁₂H₂Br₈O.

h.

Trichlorophenoxy fatty acids and their derivatives

–

2,4,5-trichlorophenoxyacetic acid (CAS no 93-76-5) and its salts and 2,4,5-trichlorphenoxyacetyl compounds;

–

2-(2,4,5-Trichlorphenoxy) propionic acid (CAS no 93-72-1) and its salts, and 2-(2,4,5-trichlorophenoxy) propionyl compounds.

i.

1,2,4-trichlorobenzene (CAS no 120-82-1).

(Art. 3)

1 It is prohibited to place on the market or use the following substances:

a.

chloroform (CAS no 67-66-3);

b.

1,1,2-trichloroethane (CAS no 79-00-5);

c.

1,1,2,2-tetrachloroethane (CAS no 79-34-5);

d.

1,1,1,2-tetrachloroethane (CAS no 630-20-6);

e.

pentachloroethane (CAS no 76-01-7);

f.

1,1-dichloroethylene (CAS no 75-35-4).

2 It is also prohibited to place on the market or use substances and preparations containing 0.1% or more, by mass, of the substances specified in paragraph 1.

3 It is prohibited to use hexachloroethane (CAS no 67-72-1) in the manufacturing or processing of non-ferrous metals.

1 The prohibitions specified in Number 1 paragraphs 1 and 2 do not apply to:

a.

medicinal products;

b.

cosmetic products which, based on Article 54 paragraphs 2–5 and 7 of the Foodstuffs and Utility Articles Ordinance of 16 December 2016⁴¹, may contain substances specified in Number 1 paragraph 1;

c.

substances and preparations intended for use in closed systems in industrial processes;

d.

substances and preparations intended for analysis and research.

² On receipt of a justified request, the FOEN may, with the agreement of the SECO and the FOPH, grant temporary exemptions from the prohibitions specified in Number 1 paragraphs 1 and 2 for the use of chloroform if:

a.

according to the state of the art, no substitute for chloroform is available for the use in question; and

b.

the quantity of chloroform used is no greater than is required for the intended purpose and does not exceed 20 litres per year.

1 The packaging of substances and preparations specified in Number 2 letter c must be marked as follows: «For industrial use only».

² …

(Art. 3)

1 Substances that deplete the ozone layer are:

a.

all fully halogenated chlorofluorocarbons with up to three carbon atoms (CFCs), such as:

1.

trichlorofluoromethane (CFC 11),

2.

dichlorodifluoromethane (CFC 12),

3.

tetrachlorodifluoroethane (CFC 112),

4.

trichlorotrifluoroethane (CFC 113),

5.

dichlorotetrafluoroethane (CFC 114),

6.

chloropentafluoroethane (CFC 115);

b.

all hydrochlorofluorocarbons with up to three carbon atoms (HCFCs), such as:

1.

chlorodifluoromethane (HCFC 22),

2.

dichlorotrifluoroethane (HCFC 123),

3.

dichlorofluoroethane (HCFC 141),

4.

chlorodifluoroethane (HCFC 142);

c.

all fully halogenated bromofluorocarbons with up to three carbon atoms (halons), such as:

1.

bromochlorodifluoromethane (halon 1211),

2.

bromotrifluoromethane (halon 1301),

3.

dibromotetrafluoroethane (halon 2402);

d.

all partially halogenated hydrobromofluorocarbons with up to three carbon atoms (HBFCs);

e.

1,1,1-trichloroethane (CAS no 71-55-6);

f.

carbon tetrachloride (CAS no 56-23-5);

g.

bromomethane (CAS no 74-83-9);

h.

bromochloromethane (CAS no 74-97-5).

2 Preparations containing substances specified in paragraph 1 are deemed equivalent to substances that deplete the ozone layer if they are found in containers used solely for the transport or storage of these preparations.

3 Regenerated substances that deplete the ozone layer are substances produced by re-processing of used ozone depleting substances without chemical modification.

It is prohibited to manufacture substances that deplete the ozone layer.

The prohibition specified in Number 2.1 does not apply to the manufacture of regenerated substances that deplete the ozone layer.

It is prohibited to place on the market preparations and articles which:

a.

contain substances that deplete the ozone layer;

b.

were manufactured with substances that deplete the ozone layer and are listed in an Annex to the Montreal Protocol of 16 September 1987⁴³ on Substances that Deplete the Ozone Layer (Montreal Protocol).

The prohibition specified in Number 3.1 does not apply to the placing on the market of:

a.

preparations and articles for whose manufacture or maintenance substances that deplete the ozone layer may be used in accordance with Number 6.2 or on the basis of an exemption permit under Number 6.3.1 paragraph 1;

b.

preparations and articles which may be placed on the market in accordance with the provisions of Annexes 2.9–2.11 and which, if imported, are imported from countries that comply with the provisions of the Montreal Protocol and the Amendments to the Protocol of 29 June 1990⁴⁴, 25 November 1992⁴⁵, 17 September 1997⁴⁶ and 3 December 1999⁴⁷, as approved by Switzerland;

c.

preparations deemed equivalent to substances that deplete the ozone layer as specified in Number 1 paragraph 2.

Any person wishing to import substances that deplete the ozone layer as specified in Number 1 paragraph 1, or who intends to store such substances in an open customs warehouse, in a warehouse for bulk goods or in a duty-free warehouse, requires an import licence from the FOEN.

¹ An import licence is granted on application, provided that:

a.

the substances that deplete the ozone layer which are intended to be imported are for a permitted use as specified in Number 6.2 or the intended user has an exemption permit in accordance with Number 6.3.1 paragraph 1; and

b.

the substances that deplete the ozone layer which are intended to be imported are imported from countries that comply with the Montreal Protocol provisions approved by Switzerland.

2 In addition, for substances specified in Number 1 paragraph 1, the import licence is only issued for the quantities and uses approved by the Parties to the Montreal Protocol.

¹ The import licence is granted in the form of a general import licence.

2 A general import licence entitles the holder to import specific quantities of substances that deplete the ozone layer from specific foreign exporters. It is personal and non-transferable.

3 The FOEN shall inform the cantons and the Federal Office for Customs and Border Security (FOCBS)⁴⁸ of the granting and revocation of general import licences.

1 The application must include:

a.

the applicant’s name and address;

b.

the names and addresses of the foreign exporters;

c.

for each substance to be imported, the following information:

1.

the chemical name according to an internationally recognised nomenclature,

2.

the customs tariff number according to the Annexes of the Federal Act of 9 October 1986⁴⁹ on Customs Tariffs (CTA),

3.

the intended quantity, expressed in kilograms per calendar year,

4.

the intended uses.

2 The FOEN may request further information on the origin and intended use of the substances concerned.

¹ The FOEN shall make a decision on the complete application within two months.

² A general import licence is issued for a maximum period of 18 months; it expires at the end of a calendar year and is numbered.

¹ The person required to submit a declaration under Article 26 of the Customs Act of 18 March 2005⁵⁰ (CustA) must specify the number of the general import licence in the customs declaration.

² At the request of the customs office, the person required to submit a declaration must submit a copy of the import licence as specified in Number 3.3.5 paragraph 1.

³ On storage in an open customs warehouse, in a warehouse for bulk goods or in a duty-free warehouse, the storer or depositor must enter the number of the import licence in an inventory record.

It is prohibited to export articles the use of which requires substances that deplete the ozone layer as specified in Number 1 paragraph 1 letters a, c–f and h.

For substances that deplete the ozone layer as specified in Number 1 paragraph 1 with a gross mass of more than 20kg, an export licence from the FOEN is required by any person wishing to:

a.

export such substances; or

b.

move such substances to another country from an open customs warehouse, a warehouse for bulk goods or a duty-free warehouse.

An export licence is granted on application, provided the export is to countries that comply with the Montreal Protocol provisions approved by Switzerland.

¹ The export licence is granted in the form of a specific export licence.

² An export licence entitles the holder to export, on one occasion, specific quantities of substances that deplete the ozone layer to a specific foreign importer in a country that complies with the Montreal Protocol provisions approved by Switzerland. It is personal and non-transferable.

³ The FOEN shall inform the cantons and the FOCBS of the granting and revocation of export licences.

¹ The application must include:

a.

the applicant’s name and address;

b.

the name and address of the foreign importer;

c.

for each substance to be exported, the following information:

1.

the chemical name according to an internationally recognised nomenclature,

2.

the customs tariff number according to the Annexes of the CTA,

3.

the name and address of the previous owner,

4.

the intended quantity, expressed in kilograms.

² The FOEN may request further information on the origin and intended use of the substances concerned.

¹ The FOEN shall make a decision on the complete application within two months.

² An export licence is issued for a period of 12 months and is numbered.

¹ The person required to submit a declaration under Article 26 CustA must specify the number of the export licence in the customs declaration.

² The person required to submit a declaration must submit a copy of the export licence with the customs declaration.

³ On removal from an open customs warehouse, a warehouse for bulk goods or a duty-free warehouse, the storer or depositor must enter the number of the export licence in an inventory record.

¹ Any person who imports or exports substances that deplete the ozone layer as specified in Number 1 paragraph 1 or preparations as specified in Number 1 paragraph 2 must inform the FOEN each year by 31 March of the quantities imported or exported during the previous year.

² The reports must be classified by substance and intended use.

The reporting requirements specified in Number 5.1 paragraph 1 do not apply to storage in, or removal to another country from, a customs bonded warehouse, a bulk goods warehouse or a duty-free warehouse.

It is prohibited to use substances that deplete the ozone layer.

1 The prohibition specified in Number 6.1 does not apply to the use of substances that deplete the ozone layer for the manufacture of preparations or articles which may be placed on the market or imported for private purposes in accordance with the provisions of Annexes 2.9–2.11.

2 If, according to the state of the art, no substitute is available for the substances that deplete the ozone layer or for the preparations and articles manufactured using these substances, the prohibition specified in Number 6.1 does not apply to the use of substances that deplete the ozone layer:

a.

as intermediate products for complete subsequent chemical conversion;

b.

for the laboratory or analytical purposes permitted in accordance with Decision X/19 of the Parties to the Montreal Protocol⁵¹.

¹ On receipt of a justified application, the FOEN may grant temporary exemptions for other uses of substances that deplete the ozone layer.

² It shall inform the cantons of the granting and revocation of exemption permits.

An exemption permit may be granted if:

a.

according to the state of the art, no substitute is available for the substances that deplete the ozone layer or for the preparations and articles manufactured using these substances; and

b.

the quantity of substances that deplete the ozone layer being used is no greater than is required for the intended purpose.

¹ An application must include:

a.

the applicant's name and address;

b.

the chemical name of the substance according to an internationally recognised nomenclature;

c.

the safety data sheet for the substance;

d.

the name and address of the supplier of the substance;

e.

information about the intended use, including the quantities to be used and disposed of per year;

f.

the intended disposal method;

g.

a description of the measures to prevent or reduce emissions of the substance concerned throughout its lifetime;

h.

a description of the research and development activities undertaken to avoid the use of the substance concerned.

² The FOEN may request further information on the substance concerned and its intended use.

³ Applications under Number 6.3.3 paragraph 1 must be submitted at least 14 months before the start of the calendar year in which the use is to take place.

The FOEN shall decide on complete applications within two months of receiving the decision of the Meeting of the Parties to the Montreal Protocol on the quantity of a particular substance which may be used during a particular period.

Preparations and articles which were manufactured with substances that deplete the ozone layer and are listed in an Annex to the Montreal Protocol (No. 3.2.1 let. b) may continue to be imported for one year after the relevant Annex to the Montreal Protocol comes into force.

(Art. 3)

1 Substances stable in the atmosphere are:

a.

hydrofluorocarbons as listed in Annex F to the Montreal Protocol on Substances that Deplete the Ozone Layer⁵³;

b.

other fluorinated organic compounds⁵⁴ with a vapour pressure of at least 0.1 mbar at 20ºC or whose boiling point does not exceed 240ºC at 1013.25 mbar, and which have a mean atmospheric lifetime of at least 2 years;

c.

sulphur hexafluoride (CAS no 2551-62-4);

d.

nitrogen trifluoride (CAS no 7783-54-2).

^1bis For the purposes of the obligation in accordance with Number 9 paragraph 2, nitrous oxide (CAS no 10024-97-2) also applies as a substance stable in the atmosphere, provided the nitrous oxide is generated as a by-product in the manufacture of the following substances:

a.

nitric acid (CAS no 7697-37-2);

b.

caprolactam (CAS no 105-60-2);

c.

adipic acid (CAS no 124-04-9);

d.

glyoxal (CAS no 107-22-2) and glyoxylic acid;

e.

nicotinic acid (CAS no 59-67-6);

f.

substances other than those named in letters a–e that are generated from a reaction with nitrous oxides or nitric acid, provided nitrous oxide is generated in a comparable volume to that in the manufacture of the substances named in letters a–e.

2 Preparations containing substances specified in paragraph 1 are deemed equivalent to substances stable in the atmosphere if they are found in containers used solely for the transport or storage of these preparations.

³ Regenerated substances stable in the atmosphere are substances produced by reprocessing of used substances stable in the atmosphere without chemical modification.

For substances stable in the atmosphere which are substances that deplete the ozone layer, Annex 1.4 applies.

The manufacture of hydrofluorocarbons as specified in Number 1 letter a is prohibited.

The prohibition specified in Number 3.1 does not apply to the manufacture of regenerated hydrofluorocarbons.

¹ It is prohibited to place on the market preparations and articles containing substances stable in the atmosphere.

² Substances listed in Annex I to Regulation (EU) No 517/2014⁵⁵ must be placed on the market in reusable containers if they are intended for use:

a.

in accordance with Number 6.2 paragraph 2 or Annex 2.3 number 4.2; or

b.

in systems and appliances that may be placed on the market or imported for private purposes in accordance with Annex 2.10 numbers 2.1 and 2.2 and Annex 2.11 numbers 2.1 and 2.2.

Without prejudice to Number 8 paragraph 1, the prohibition specified in Number 4.1 paragraph 1 does not apply to the placing on the market of:

a.

preparations and articles for whose manufacture or maintenance substances stable in the atmosphere may be used in accordance with Number 6.2 or on the basis of an exemption permit under Number 6.3.1 paragraph 1;

b.

preparations and articles which may be placed on the market in accordance with the provisions of Annexes 2.3, 2.9, 2.10, 2.11 and 2.12; and

c.

preparations deemed equivalent to substances stable in the atmosphere as specified in Number 1 paragraph 2.

Any person wishing to import hydrofluorocarbons as specified in Number 1 paragraph 1 letter a, or who intends to store them in an open customs warehouse, in a warehouse for bulk goods or in a duty-free warehouse, requires an import licence from the FOEN.

Without prejudice to Number 8 paragraph 1, an import licence is granted on application, provided that the hydrofluorocarbons which are intended to be imported are for a permitted use as specified in Number 6.2 or the intended user has an exemption permit in accordance with Number 6.3.1 paragraph 1.

¹ The import licence is granted in the form of a general import licence.

² A general import licence entitles the holder to import specific quantities of hydrofluorocarbons from specific foreign exporters. It is personal and non-transferable.

³ The FOEN shall inform the cantons and the FOCBS of the granting and revocation of general import licences.

¹ An application must include:

a.

the applicant's name and address;

b.

the names and addresses of the foreign exporters;

c.

for each substance to be imported, the following information:

1.

the chemical name according to an internationally recognised nomenclature,

2.

the customs tariff number according to the Annexes of the Customs Tariff Act of 9 October 1986⁵⁶ (CTA),

3.

the intended quantity, expressed in kilograms per calendar year,

4.

its quality (new, used, regenerated),

5.

the intended uses.

² The FOEN may request further information on the origin and intended use of the substances concerned.

¹ The FOEN shall make a decision on the complete application within two months.

² A general import licence is issued for a maximum period of 18 months; it expires at the end of a calendar year and is numbered.

¹ The person required to submit a declaration under Article 26 of the Customs Act of 18 March 2005⁵⁷ (CustA) must specify the number of the general import licence in the customs declaration.

² At the request of the customs office, the person required to submit a declaration must submit a copy of the import licence.

³ On storage in an open customs warehouse, in a warehouse for bulk goods or in a duty-free warehouse, the storer or depositor must enter the number of the import licence in an inventory record.

For hydrofluorocarbons as specified in Number 1 paragraph 1 letter a with a gross mass of more than 20kg, an export licence from the FOEN is required by any person wishing to:

a.

export such substances; or

b.

move such substances to another country from an open customs warehouse, a warehouse for bulk goods or a duty-free warehouse.

An export licence is issued if the applicant submits a complete application as specified in Number 5.4.

¹ The export licence is granted in the form of a specific export licence.

² A specific export licence entitles the holder to export, on one occasion, specific quantities of hydrofluorocarbons. It is personal and non-transferable.

³ The FOEN shall inform the cantons and the FOCBS of the granting and revocation of export licences.

An application must include:

a.

the applicant's name and address;

b.

the name and address of the foreign importer;

c.

for each substance to be exported, the following information:

1.

the chemical name according to an internationally recognised nomenclature,

2.

the customs tariff number according to the Annexes of the CTA,

3.

the name and address of the previous owner,

4.

the intended quantity, expressed in kilograms, broken down by calendar year, importer and recipient country,

5.

its quality (new, used, regenerated).

¹ The FOEN shall make a decision on the complete application within two months.

² An export licence is issued for a period of 12 months and is numbered.

¹ The person required to submit a declaration under Article 26 CustA must specify the number of the export licence in the customs declaration.

² The person required to submit a declaration must submit a copy of the export licence with the customs declaration.

³ On removal from an open customs warehouse, a warehouse for bulk goods or a duty-free warehouse, the storer or depositor must enter the number of the export licence in an inventory record.

It is prohibited to use substances stable in the atmosphere.

1 Without prejudice to paragraph 3, the prohibition specified in Number 4.1 does not apply to the use of substances stable in the atmosphere:

a.

for the manufacture or maintenance of preparations or articles which may be placed on the market or imported for private purposes in accordance with the provisions of Annexes 2.3 and 2.9–2.12;

b.

5% of the quantity of substances used;

c.

as an intermediate in a process leading to complete chemical conversion, provided that emissions do not exceed 0.5% of the quantity of substances used;

d.

as heat transfer or insulation fluids in welding machines and in testing and calibration baths;

e.

for research and analysis purposes.

2 In addition, without prejudice to paragraph 3, the prohibition specified in Number 4.1 does not apply to the use of sulphur hexafluoride:

a.

for the manufacture of the high-voltage component of particle accelerators whose gas compartment is continuously monitored or hermetically sealed, in particular X-ray equipment, electron microscopes and industrial particle accelerators used in the production of plastics;

b.

for the manufacture of mini-relays;

c.

for the manufacture of electrical distribution systems with voltages according to the International Electrotechnical Commission (IEC) above 1 kV, whose gas compartment is continuously monitored or hermetically sealed in accordance with the standard SN EN 62271-1:2008⁵⁸;

d.

for the maintenance and operation of equipment and systems allowed to contain sulphur hexafluoride in accordance with letters a to c.

3 The exemptions specified in paragraphs 1 and 2 apply provided that:

a.

according to the state of the art, no substitute is available either for the substances stable in the atmosphere or for the preparations and articles manufactured with or containing such substances;

b.

the quantity and the global warming potential of the substances stable in the atmosphere being used are no greater than is required for the intended purpose according to the state of the art; and

c.

emissions of substances stable in the atmosphere are kept as low as possible throughout the life cycle of the intended use.

1 On receipt of a justified request, the FOEN may grant temporary exemptions for other uses of substances stable in the atmosphere.

²It shall inform the cantons of the granting and revocation of exemption permits.

An exemption permit may be granted if:

a.

according to the state of the art, no substitute is available either for the substances stable in the atmosphere or for the preparations and articles manufactured with these substances;

b.

the quantity and the global warming potential of the substances stable in the atmosphere being used is no greater than is required for the intended purpose according to the state of the art; and

c.

emissions of substances stable in the atmosphere are kept as low as possible throughout the life cycle of the intended use.

An application must include:

a.

the applicant's name and address;

b.

the chemical name of the substance according to an internationally recognised nomenclature;

c.

the safety data sheet for the substance;

d.

the name and address of the supplier of the substance;

e.

information about the intended use, including the quantities to be used and disposed of per year;

f.

the intended disposal method;

g.

a description of the measures to prevent or reduce emissions of the substance concerned throughout its lifetime;

h.

a description of the research and development activities undertaken to avoid the use of the substance concerned.

¹ Any person who imports or exports substances stable in the atmosphere as specified in Number 1 paragraph 1 or preparations as specified in Number 1 paragraph 2 must inform the FOEN each year, by 31 March, of the quantities imported or exported during the previous year.

² The reports must be classified by substance and intended use.

The reporting requirements specified in Number 7.1.1 paragraph 1 do not apply to:

a.

storage in, or removal to another country from, an open customs warehouse, a warehouse for bulk goods or a duty-free warehouse;

b.

importers and exporters who are party to a sectoral agreement, as defined in Article 41a of the Environmental Protection Act, if this agreement ensures that the FOEN will be duly informed.

1 Any person commissioning or decommissioning an appliance or system containing more than 1kg sulphur hexafluoride must inform the FOEN accordingly.

2 The report must contain the following data:

a.

the type and location of the appliance or system;

b.

the quantity of sulphur hexafluoride contained therein;

c.

the date of commissioning or decommissioning;

d.

in the case of decommissioning: the recipient of the sulphur hexafluoride.

1 Parties to a sectoral agreement, as defined in Art. 41aof the Environmental Protection Act, on sulphur hexafluoride are exempt from the reporting requirements specified in Number 7.2.1 paragraph 1 if this agreement ensures that the FOEN will be duly informed.

² Reporting is not required for:

appliances or systems containing more than 1kg sulphur hexafluoride in hermetically sealed pressure systems in accordance with SN EN 62271-1:2008⁵⁹ if one party to a sectoral agreement assumes responsibility for reporting.

b.

appliances or systems serving the interests of national defence.

The FOEN is responsible for reporting of data in accordance with Article 7 paragraph 3 of the Montreal Protocol on Substances that Deplete the Ozone Layer.

¹ The manufacturer may only place on the market containers containing or designed to contain substances listed in Annex I to Regulation (EU) No 517/2014⁶⁰ or switchgear containing sulphur hexafluoride or preparations with sulphur hexafluoride, if they are labelled with the following information:

a.

the text: «Contains fluorinated greenhouse gases»;

b.

the abbreviated chemical names for the substances stable in the atmosphere contained or designed to be contained in the containers or systems, using the industry nomenclature accepted for the area concerned;

c.

the quantity of the substances stable in the atmosphere, expressed in kilograms and in tonnes of CO₂ equivalent, and the global warming potential of the substances.

^1bis The manufacturer of containers that contain or will contain substances mentioned in paragraph 1 in recycled or reclaimed form in terms of Article 2 paragraphs 15 and 16 of Regulation (EU) No 517/2014 or in regenerated form in terms of Number 1 paragraph 3 must indicate on the containers:

a.

the form of the substances;

b.

the name and address of the facility in which the substances were recycled, reclaimed or regenerated.

² The manufacturer of appliances or of systems other than those referred to in paragraph 1 which contain more than 1kg sulphur hexafluoride must indicate the presence of this substance on the appliances or systems and indicate the quantity of the substance contained in the appliances or systems.

¹ Any person who initiates chemical conversion processes in which substances stable in the atmosphere in accordance with Number 1 paragraph 1 may be generated as a by-product shall ensure that no more than 0.5% of the quantity of starting material used is emitted as these substances.

² Any person who manufactures substances in accordance with Number 1 paragraph 1^bis must convert the nitrous oxide generated as a by-product in accordance with the state of the art provided this is technically and operationally feasible and economically viable.

¹ The FOEN shall monitor compliance with the obligation in accordance with Number 9 paragraph 2.

² If the monitoring indicates that the obligation is not being complied with, the FOEN shall take the measures required. If necessary, it shall order the discontinuation of the manufacturing process concerned.

For containers containing substances stable in the atmosphere which are listed in Annex A to the Kyoto Protocol to the United Nations Framework Convention on Climate Change of 11 December 1997⁶¹ (Kyoto Protocol) and switchgear containing sulphur hexafluoride or preparations with sulphur hexafluoride, labelling as specified in Number 5 of the ORRChem in the version of 11 December 2010⁶² remains permitted until 31 May 2020.

Substances in accordance with Number 1 paragraph 1^bis letter f may continue to be manufactured until 30 June 2023 without converting the nitrous oxide generated.

(Art. 3)

1 Asbestosrefers to the natural fibrous silicate minerals of:

a.

actinolite (CAS no 77536-66-4);

b.

amosite (CAS no 12172-73-5);

c.

anthophyllite (CAS no 77536-67-5);

d.

chrysotile (CAS no 12001-29-5);

e.

crocidolite (CAS no 12001-28-4);

f.

tremolite (CAS no 77536-68-6).

2 Asbestos-containing preparations are preparations in which asbestos is present not merely as an unavoidable impurity.

3 Asbestos-containing articles are articles in which asbestos is present not merely as an unavoidable impurity, and appliances and equipment such as vehicles, machines or instruments with asbestos-containing components.

It is prohibited:

a.

to use asbestos;

b.

to place asbestos-containing preparations or articles on the market;

c.

to export asbestos-containing preparations or articles;

d.

to use asbestos-containing preparations or articles.

1 On receipt of a justified request and with the agreement of the FOPH, the FOEN may grant exemptions to the prohibitions specified in Number 2 letters a and b if:

a.

according to the state of the art, no substitute for asbestos is available and the quantity of asbestos used is no greater than is required for the intended purpose;

b.

on account of particular design characteristics, only asbestos-containing spare parts can be used; or

c.

on aesthetic grounds, no asbestos-free substitute material is considered suitable for ad hoc repair and restoration work in existing buildings and monuments.

2 On receipt of a justified request and with the agreement of the FOPH, the FOEN may grant exemptions to the prohibition specified in Number 2 letter b for appliances and equipment with asbestos-containing components if they:

a.

were in operation before 1 March 1990; and

b.

only contain small quantities of asbestos, solely in a bound form.

3 …

⁴ The prohibition specified in Number 2 letter d does not apply to the use of asbestos-containing preparations and articles for a purpose for which placing on the market under paragraph 1 or 2 has been authorised.

1 The manufacturer may only place asbestos on the market if the packaging is marked with:

a.

the name of the manufacturer;

b.

a warning about the dangers of asbestos to human health and the environment and reference to protective measures; it must comply with the following specifications:

2 The manufacturer must also label asbestos-containing preparations and articles with the markings specified in paragraph 1. If the markings are printed directly on the preparation or article, a single colour contrasting clearly with the background is sufficient for the head and field. In this case, the text fields may also be combined under a single head, arranged either horizontally or vertically.

3 In articles with asbestos-containing components, the manufacturer must clearly label these components must be clearly labelled with the markings specified in paragraph 1.

4 If, for important reasons, a preparation or article cannot be marked in accordance with the provisions specified in paragraphs 1–3, the FOEN may, on receipt of a justified request and with the agreement of the FOPH, grant a temporary exemption. It shall require the necessary information to be conveyed to the purchaser in an equivalent form.

If asbestos-containing preparations or articles have the potential to release fine dust during use, the manufacturer must provide the user with the following information in writing:

a.

a warning that inappropriate use poses a risk of lung disease and an increased risk of cancer; and

b.

recommendations on the necessary protective measures.

1 The prohibition specified in Number 2 letter d does not apply to uses of asbestos-containing preparations and articles that began before 1 June 2019.

2 Until 30 June 2025, the prohibition specified in Number 2 letter a does not apply to the use of asbestos for the manufacture of diaphragms for existing electrolysis installations.

³ Until 30 June 2025, the prohibitions specified in Number 2 letters b, c and d do not apply to asbestos-containing diaphragms for use in existing electrolysis installations.

(Art. 3)

¹The placing on the market of the following mercury compounds and of preparations that contain these mercury compounds is prohibited if their mercury content is 0.01 % or more by mass:

a.

phenylmercury acetate (CAS no 62-38-4);

b.

phenylmercury propionate (CAS no 103-27-5);

c.

phenylmercury 2-ethylhexanoate (CAS no 13302-00-6);

d.

phenylmercury octanoate (CAS no 13864-38-5);

e.

phenylmercury neodecanoate (CAS no 26545-49-3);

f.

mercury compounds other than those specified in letters a–e, provided that they are intended for the manufacture of polyurethanes.

² It is prohibited to place on the market:

a.

clinical thermometers and other measuring instruments that contain mercury (CAS no 7439-97-6) and are intended for the general public;

b.

the following measuring instruments that contain mercury (CAS no 7439-97-6) and are intended for application on a professional or commercial basis:

1.

barometers,

2.

hygrometers,

3.

manometers,

4.

sphygmomanometers,

5.

strain gauges for use in plethysmographs,

6.

tensiometers,

7.

thermometers and other non-electrical thermometric applications,

8.

pycnometers,

9.

instruments for the determination of the softening point;

c.⁶⁵

Switches and relays containing mercury (CAS no 7439-97-6);

d.

the following product types that contain mercury compounds:

1.

plant protection products,

2.

biocidal products as specified in Article 1a of the Biocidal Products Ordinance of 18 May 2005⁶⁶ (OBP),

3.

paints and varnishes,

4.

cosmetic products, provided that they are not based on Article 54 paragraphs 4 and 7 of the Foodstuffs and Utility Articles Ordinance of 16 December 2016⁶⁷ may contain mercury compounds as preservatives in ophthalmic products,

5.

topical antiseptics;

e.

preparations and articles that contain mercury (CAS no 7439-97-6) or mercury compounds, for a use unknown before 1 January 2018.

³ In addition, the placing on the market of articles is prohibited if the articles or their components contain mercury compounds specified in paragraph 1 and the mercury content in the articles or their constituents is 0.01 % or more by mass.

⁴ For the placing on the market of batteries, packaging and packaging components, vehicles and vehicle materials and components, wood-based materials and electrical and electronic equipment and their spare parts, Annexes 2.15–2.18 apply.

¹ The prohibitions of the placing on the market of mercury compounds specified in Number 1.1 paragraph 1 and of articles specified in Number 1.1 paragraph 3 do not apply for analysis and research purposes.

² The prohibition on the placing on the market of measuring instruments specified in Number 1.1 paragraph 2 letter a does not apply to instruments that were more than 50 years old on 1 September 2015 and are considered to be antiques or cultural goods.

³ The prohibitions of the placing on the market of measuring instruments specified in Number 1.1 paragraph 2 letter b do not apply to:

a.

sphygmomanometers for use as a reference standard for the validation of mercury-free sphygmomanometers;

b.

thermometers which are exclusively intended to carry out tests based on standards that prescribe the use of mercury thermometers;

c.

triple point cells which are used for the calibration of platinum resistance thermometers;

d.

instruments which were more than 50 years old on 1 September 2015 and are considered to be antiques or cultural goods;

e.

instruments to be exhibited in public exhibitions for cultural and historical purposes.

⁴ The prohibition on the placing on the market specified in Number 1.1 paragraph 2 letter c does not apply to switches and relays that:

a.

are intended as components or spare parts for equipment that is required to protect Switzerland's essential security interests, including weapons, ammunition and war materiel for military purposes;

b.

are intended as components or spare parts for equipment that Annex 2.18 Number 3 specifies may contain switches and relays containing mercury;

c.

are intended as spare parts for equipment other than that mentioned in letter b that have been or will be placed on the market in accordance with Annex 2.18 number 8 paragraphs 1 and 4;

d.

are intended as spare parts for the articles, equipment, large-scale tools, large-scale installations, means of transport, machinery, photo-voltaic panels and pipe organs listed in Article 2 paragraph 4 letters b to k of Directive 2011/65/EU⁶⁸.

⁵ The prohibition on the placing on the market of biocidal products specified in Number 1.1 paragraph 2 letter d Number 2 does not apply for research and development purposes.

⁶ The prohibition on the placing on the market specified in Number 1.1 paragraph 2 letter e does not apply to:

a.

mercury-containing preparations and articles that are necessary for the protection of the essential interests of the security of Switzerland, including arms, munitions and war material specifically intended for military purposes;

b.

mercury-containing preparations and articles for use in outer space;

c.

mercury-containing preparations for use as auxiliary substances in industrial manufacturing processes, the use of which has been authorised as specified in Number 3.2.1 paragraph 1.

On receipt of a justified request, the FOEN may, with the agreement of the Federal Office of Public Health (FOPH), grant temporary exemptions from the prohibition specified in Number 1.1 paragraph 2 letter e.

An exemption permit is granted if:

a.

the use of the preparation or article is not possible without mercury for technical reasons or the use of the preparation or article is not financially viable for a medium-sized and economically healthy enterprise of the sector without mercury; and

b.

evidence is provided that there are no significant risks for the environment and human health associated with the use of the mercury-containing preparation or mercury-containing article.

An application must contain at least:

a.

information about the use of the mercury-containing preparation or mercury-containing article and the function that the mercury or mercury compound fulfils;

b.

information on the mercury content by mass or the identity and content of the mercury compound in the preparation or in the article by mass;

c.

information on the estimated annual quantity of the preparation or of the annual total weight of the article to be placed on the market;

d.

an assessment of the risks associated with the use of the preparation or article for human health and the environment, as well as information on the necessary protective measures;

e.

an analysis of whether the requirement specified in Number 1.3.2 letter a is met;

f.

a description of the research and development activities carried out to avoid the use of mercury in the preparation or the article.

¹ A licence from the FOEN is required by any person who wants to import for professional or commercial purposes:

a.

mercury (CAS no 7439-97-6);

b.

a preparation with a mercury content of 95 % and more by mass;

c.

a mercury compound not specified in Number 1.1 paragraph 1;

d.

an alloy of mercury.

² In addition, any person who intends to store substances and preparations or any other mercury compounds specified in paragraph 1 in a customs bonded warehouse, in a customs warehouse for bulk goods or in a duty-free warehouse requires an import licence as specified in paragraph 1.

No import licence is required by a person who:

a.

imports mercury (CAS no 7439-97-6) or a preparation with a mercury content of 95 % and more by mass from a country that is a signatory⁶⁹ to the Minamata Convention on Mercury of 10 October 2013⁷⁰ (Minamata Convention), provided that the substance or preparation is intended for analysis and research purposes;

b.

imports a mercury compound or alloy of mercury if the substance or preparation is intended for analysis and research purposes;

c.

imports a substance or preparation specified in letter a or b for use as a substance in a preparation or article, if the substance, preparation or article is intended for analysis and research purposes.

An import licence is granted upon request, provided that:

a.

the substance or preparation intended to be imported is supplied for a permitted use as specified in Number 3;

b.

the importer confirms that the substance or preparation intended to be imported is not intended for re-export in a chemically altered or chemically unaltered form;

c.

if the exporting country is not a signatory to the Minamata Convention, the FOEN has a certificate from the exporting country stating that the mercury (CAS no 7439-97-6) intended for export or the preparation intended for export with a mercury content of 95 % and more by mass neither originated from the primary mercury mining nor from the chlorine-alkali industry.

The application must contain at least:

a.

the name and address of the applicant;

b.

the name and address of the foreign importer;

c.

for each substance and each preparation to be imported:

1.

the chemical name in accordance with an internationally recognised nomenclature,

2.

the customs tariff number in accordance with the annexes to the CTA⁷¹,

3.

the intended use,

4.

the intended import quantity in kilogrammes,

5.

the confirmation specified in Number 1.4.3 letter b;

d.

a certificate as specified in Number 1.4.3 letter c.

¹ The FOEN decides within 30 days of having received all the necessary documents. It provides the import licence with a number.

² In each case, an import licence is granted for a period limited to 12 months.

¹ The person required to submit a declaration under Article 26 of the Customs Act of 18 March 2005⁷² (CustA) must specify in the customs declaration:

a.

that the importation of mercury (CAS no 7439-97-6), a preparation with a mercury content of 95 % and more by mass, a mercury compound or an alloy of mercury is subject to authorisation in accordance with this Annex;

b.

the number of the import licence.

² At the request of the customs office, the person required to submit a declaration must submit a copy of the import licence as specified in this Annex.

³ On storage in a customs bonded warehouse, in a customs warehouse for bulk goods or in a duty-free warehouse, the storer or depositor must enter the number of the import licence in an inventory record.

The owner of the import licence must retain it for five years.

¹ Any person who imports mercury (CAS no 7439-97-6), a preparation with a mercury content of 95 % and more by mass, a mercury compound or alloy of mercury and does not require an import licence, in accordance with Number 1.4.2, must report to the FOEN annually by 30 April the quantities imported in the previous year, broken down by substances and preparations.

² Any person who, for the first time, supplies mercury derived from the domestic treatment of mercury waste or from a mercury compound derived from the domestic treatment of mercury waste, must report to the FOEN annually by 30 April the quantities supplied in the previous year, broken down by substances, and the names and addresses of the recipients.

The export of measuring instruments, switches and relays is prohibited unless placing them on the market is permitted.

Any person who wishes to export mercury (CAS No 7439-97-6) or preparations with a mercury content of 95 % or more for professional or commercial purposes or to move the same from a customs bonded warehouse, a customs warehouse for bulk goods or a duty-free warehouse to another country requires an export licence from the FOEN.

¹ An export licence shall be granted on application provided the mercury (CAS No 7439-97-6) or preparations with a mercury content of 95 % or more are intended for analysis and research purposes in the importing country and the FOEN has a certificate from the importing country confirming that the latter authorises the import.

² If the export is made to a country that is not a signatory⁷³ to the Minamata Convention, an export licence shall only be granted if the FOEN also has a certificate from the importing country confirming that the latter has put measures in place to protect human health and the environment when handling mercury.

An application must contain at least:

a.

the name and address of the applicant;

b.

the name and address of the foreign importers, broken down according to recipient country;

c.

the anticipated export volume in kilogrammes per importer and recipient country;

d.

the anticipated date of the first export for each recipient country;

e.

confirmation that the mercury (CAS No 7439-97-6) or the preparations with a mercury content of 95 % or more are being exported for analysis and research purposes;

f.

certificates in accordance with number 2.2.2 paragraphs 1 and 2.

¹ The FOEN shall decide within 30 days of receiving all the required documents. It shall give the export licence a number.

² An export licence shall be issued for a maximum of 12 months and in each case terminates at the end of a calendar year.

¹ The person required to submit a declaration under Article 26 of the CustA must specify in the customs declaration:

a.

that a licence is required in terms of this Annex for the export of mercury (CAS No 7439-97-6) or a preparation with a mercury content of 95 % or more;

b.

the number of the export licence.

² At the request of the customs office, the person required to submit a declaration must submit a copy of the import licence as specified in this Annex.

³ On removal from a customs bonded warehouse, a customs warehouse for bulk goods or a duty-free warehouse, the storer or depositor must enter the number of the export licence in an inventory record.

The exporter must retain the export licence for five years.

Prohibited is the use of:

a.

mercury (CAS no 7439-97-6), mercury compounds and mercury-containing preparations for the manufacture of:

1.

mercury-containing substances, preparations and articles, provided that they cannot be placed on the market as specified in Number 1.1 paragraphs 1–3 and Numbers 1.2 and 1.3,

2.

batteries that contain more than 5 mg mercury per kg, and their components;

b.

dental amalgam, if priority can be given to a different filling material for medical reasons;

c.

mercury (CAS no 7439-97-6), mercury compounds and mercury-containing preparations as auxiliary substances in industrial manufacturing processes.

¹ On request, the FOEN, with the agreement of the FOPH, may grant temporary exemptions from the prohibition specified in Number 3.1 letter c if the mercury (CAS no 7439-97-6), the mercury compounds or the mercury-containing preparations are not be used for chlorine-alkali electrolysis or in the manufacture of acetaldehyde, vinyl chloride, sodium- or potassium-methylate or ethylate.

² An authorisation granted within the meaning of paragraph 1 is subject to an authorisation granted on the basis of Number 2.2 paragraph 1 of this Annex in the version of 1 July 2015⁷⁴.

An exemption permit is granted, provided that:

a.

mercury-free auxiliary substances cannot be used for technical reasons or the use of these auxiliary substances is not financially viable for a medium-sized and economically healthy enterprise of the sector; and

b.

the volume of the mercury emissions into the environment is reduced to a minimum and measures necessary to protect human health and the environment are taken.

An application must contain at least:

a.

the identity of the mercury-containing auxiliary substance and information about the use of the auxiliary substance to be approved;

b.

a mercury mass balance, including information about the fate of the mercury in the environment and in waste;

c.

an assessment of the risks associated with the use of the auxiliary substance for human health and the environment, as well as information on the necessary protective measures;

d.

an analysis of whether the requirement specified in Number 3.2.2 letter a is met;

e.

a description of the research and development activities undertaken to avoid the use of the mercury-containing auxiliary substance.

¹ The prohibitions specified in Number 1.1 paragraphs 1 letters a–e and 3 do not apply to mercury compounds or preparations and articles that contain the mercury compounds specified in Number 1.1 paragraph 1 letters a–e, which were first placed on the market before 10 October 2017.

² The prohibitions specified in Number 1.1 paragraphs 1 letter f and 3 do not apply to mercury compounds or preparations and articles that contain the mercury compounds specified in Number 1.1 paragraph 1 letter f, which were first placed on the market before 1 January 2018.

³ The prohibition specified in Number 1.1 paragraph 2 letter b does not apply to the placing on the market of sphygmomanometers intended for use in epidemiological tests, which had not been completed by 1 September 2015.

¹ In derogation from numbers 2.2.1–2.2.2, the FOEN shall on application authorise the export of mercury (CAS No 7439-97-6) that was imported before 1 January 2018 or extracted in Switzerland from waste containing mercury for the uses and until the dates listed below, provided a certificate approving the import issued by the importing country is submitted:

² If the export is made to a country that is not a signatory⁷⁵ to the Minamata Convention, an export licence shall only be granted if the FOEN also has a certificate from the importing country confirming that the latter has put measures in place to protect human health and the environment when handling mercury.

³ An application must contain at least:

a.

the name and address of the applicant;

b.

the name and address of the foreign importer;

c.

the intended use;

d.

the export volume in kilogrammes;

e.

a written declaration from the recipient in which it undertakes to use the mercury (CAS No 7439-97-6) for one of the purposes listed in paragraph 1;

f.

certificates in accordance with paragraphs 1 and 2.

⁴ Numbers 2.2.4–2.2.6 apply in relation to the decision, export obligations and the retention requirement.

⁵ DETEC may extend the period allowed in paragraph 1 for the manufacture of dental amalgam capsules. In doing so, it shall take account of the demand for mercury for use in dental amalgam in contracting parties to the Minamata Convention, the measures taken by contracting parties to reduce the release of mercury when using of dental amalgam and progress made in ending the use of dental amalgam in the European Union.

A request based on the previous law under Number 2.2 paragraph 1 will be assessed in accordance with the previous law.

(Art. 3)

1 It is prohibited to place the following product types on the market if the content of octylphenol (molecular formula C14H22O), nonylphenol (molecular formula C15H24O) or their ethoxylates is 0.1% or more by mass:

a.

laundry detergents as defined in Annex 2.1;

b.

cleaning products as defined in Annex 2.2;

c.

cosmetic products as defined in Art. 35 of the Foodstuffs and Utility Articles Ordinance of 16 December 2016⁷⁷;

d.

textile processing agents;

e.

leather processing agents;

f.

metalworking agents;

g.

additives for the manufacture of pulp and paper;

h.

agricultural teat dips containing these substances as emulsifiers;

i.

biocidal products and plant protection products containing these substances as co-formulants.

2 It is prohibited to use octylphenol, nonylphenol and their ethoxylates for purposes for which the product types specified in paragraph 1 are intended.

³ It is prohibited to place on the market washable textile fibres and semi-finished and finished textile products such as fibres, yarns, fabrics, knitted fabrics, home textiles, accessories or clothing if the content of nonylphenol ethoxylates relative to the textile component is 0.01% or more by mass.

The prohibitions specified in Number 1 do not apply to:

a.

spermicides;

b.

textile and leather processing agents if:

1.

processing does not result in the release of octylphenol ethoxylates or nonylphenol ethoxylates into wastewater, or

2.

in installations for special treatment, such as sheepskin degreasing, process water is pretreated to remove the organic fraction completely prior to biological wastewater treatment;

c.

metalworking agents for use in controlled closed systems where the washing liquid is recycled or incinerated;

d.

textile fibres and semi-finished and finished textile products if exceedance of the limit specified in Number 1 paragraph 3 is due to the recycling of textiles and nonylphenol ethoxylates are not added during the manufacturing process.

1 Octylphenol ethoxylates and nonylphenol ethoxylates contained as co-formulants in biocidal products or plant protection products with a marketing authorisation granted before 1 August 2005 may continue to be placed on the market until the expiry of this authorisation.

2 Octylphenol ethoxylates and nonylphenol ethoxylates may be used as co‑formulants for biocidal products or plant protection products in accordance with paragraph 2.

³ The prohibition specified in Number 1 paragraph 3 does not apply to textile fibres or semi-finished and finished textile products containing nonylphenol ethoxylates which were first placed on the market before 1 June 2022.

(Art. 3)

Flame-retardant organophosphorus compounds are:

a.

tris(2,3-dibromopropyl) phosphate (CAS no 126-72-7);

b.

tris(aziridinyl)phosphine oxide (CAS no 545-55-1).

It is prohibited for the manufacturer to place on the market textiles containing substances specified in Number 1.1 which are intended to be worn directly or indirectly next to the skin (clothing, wigs, fancy dress, etc.) or used in room furnishings (bed linen, tablecloths, furniture fabrics, carpets, curtains, etc.).

¹ For the purposes of Number 4 letter a No 1 and 3, an aircraft means:

a.

a civil aircraft produced in accordance with a type certificate issued under Regulation (EU) 2018/1139⁷⁹ or with a design approval issued under the national regulations of a contracting state to the Convention on International Civil Aviation of 7 December 1944⁸⁰ of the International Civil Aviation Organization (ICAO), or for which a certificate of airworthiness has been issued by an ICAO contracting state under Annex 8 to the Convention⁸¹;

b.

a military aircraft.

² For the purposes of Number 4 letter a No 2 and 4, a motor vehicle means a category M, N or O vehicle as defined in Annex II Section A number 1 of Directive 2007/46/EC⁸².

¹ It is prohibited to manufacture, place on the market or use decabromdiphenyl ether (decaBDE, CAS no 1163-19-5) or any substance or preparation containing decaBDE not merely as an unavoidable impurity.

² New articles may not be placed on the market if these articles or parts of these articles contain decaBDE not merely as an unavoidable impurity.

³ For electrical and electronic equipment that contains decaBDE, Annex 2.18 applies.

¹ Bulk cellulose insulating materials and articles containing cellulose insulating materials may not be placed on the market and used if they contain inorganic ammonium salts unless the emission of ammonia from the insulating materials in a test chamber under the test conditions described in paragraph 2 results in a volume content of less than 3 ppm (2.12 mg/m³).

² Compliance with the emission limit specified in paragraph 1 shall be demonstrated in accordance with Standard SN EN 16516:2017⁸⁴ by the following measures:

a.

the minimum test duration is 14 days;

b.

the ammonia gas emission is measured at least once a day throughout the test;

c.

the emission limit specified in paragraph 1 is not reached or exceeded in any measurement during the test;

d.

the relative humidity amounts to 90 %;

e.

a suitable method is used to measure the ammonia gas emission;

f.

the loading rate, expressed in thickness and density, of the samples of the cellulose insulating materials to be tested and articles containing such cellulose insulating materials is recorded.

Number 3.1 paragraph 1 does not apply to loose cellulose insulating material used in the manufacture of an article for which compliance with the emission limit for ammonia of 3 ppm is demonstrated in accordance with Number 2.1 paragraph 2.

Any person who places a cellulose insulating material containing inorganic ammonium salts on the market in bulk form must inform the purchaser, on a label or in another equivalent written form, of the maximum permissible loading rate of the insulating material.

Any person using a cellulose insulating material containing inorganic ammonium salts must not exceed the maximum permissible loading rate specified by the person placing the material on the market.

The prohibitions specified in Number 2.2 paragraphs 1 and 2 do not apply to:

a.

the placing on the market of the following articles containing decaBDE:

1.

aircraft manufactured before 2 March 2027, if the type-approval for the aircraft was granted before 1 December 2022,

2.

motor vehicles manufactured before 1 December 2019,

3.

components for the manufacture of aircraft which may be placed on the market under No 1 and components for the repair and maintenance of such aircraft,

4.

components for the repair and maintenance of motor vehicles which may be placed on the market under No 2 and components intended for the following uses:

–

drivetrain and equipment under the bonnet

–

fuel supply systems

–

pyrotechnic devices and related elements

–

suspension applications

–

parts made of reinforced plastics and textiles

–

equipment under the dashboard

–

electrical and electronic equipment

–

interior applications;

b.

the manufacture, placing on the market and use of decaBDE or any substance or preparation containing decaBDE for:

1.

analysis and research purposes,

2.

the manufacture of vehicle components which may be placed on the market under letter a No 3 and 4.

(Art. 3)

¹ It is prohibited to supply to the general public substances classified as carcinogenic, mutagenic or toxic to reproduction according to Annex XVII, Appendices 1–6 to Regulation (EC) No 1907/2006 (EU REACH Regulation)⁸⁶, or substances and preparations containing them, if they have a content by mass exceeding the concentration specified in Annex I No 1.1.2.2 to Regulation (EC) No 1272/2008⁸⁷.

² The Federal Office of Public Health (FOPH), with the agreement of the Federal Office for the Environment (FOEN) and SECO, shall amend the provisions of paragraph 1 to comply with amendments to Annex XVII, Appendices 1 – 6 of Regulation (EC) No 1907/2006.

³ The use of thermal paper with a content by mass of bisphenol A (CAS No 80-05-7) or bisphenol S (CAS No 80-09-1) of 0.02 per cent or more.

¹ The prohibition specified in Number 1 paragraph 1 does not apply to:

a.

medicinal products and medical devices;

b.

artists’ paints, subject to Annex 1.17;

c.

motor fuels;

d.

mineral oil products used as heating fuels in mobile or fixed combustion plants, and heating fuels in closed systems;

e.

substances listed in Annex XVII, Appendix 11, Column 1 of Regulation (EC) No 1907/2006⁸⁸, with the applications and any time limits listed in Column 2.

^1bis The prohibition in number 1 paragraph 3 does not apply to thermal paper used for special applications that require additional technical specifications. These include the following applications in particular:

applications in the fields of medicine and laboratories;

self-adhesive labels;

admission and travel tickets with additional functions.

² The FOPH, with the agreement of the FOEN and SECO, shall amend the provisions of paragraph 1 letter e to comply with amendments to Annex XVII, Appendix 11 of Regulation (EC) No 1907/2006.

³ For carcinogens, mutagens or substances toxic to reproduction in cosmetic products, the Foodstuffs and Utility Articles Ordinance of 16 December 2016⁸⁹ on applies.

1 The packaging of substances and preparations subject to the prohibition specified in Number 1 must be marked as follows: “For professional users only”.

² …

The following substances included by Regulation (EU) 2021/2204⁹⁰ in Annex XVII Appendices 1–6 of the EU REACH Regulation, and substances and preparations that contain such substances may continue to be supplied to the general public until the following dates:

a.

until 1 March 2022: the following substances:

–

Silicon carbide fibres (with diameter of < 3 μm, length > 5 μm and aspect ratio ≥ 3:1) (CAS 409-21-2 or CAS 308076-74-6)

–

Sodium-N-(hydroxymethyl) glycinate; [formaldehyde released from sodium-N-(hydroxymethyl) glycinate] (CAS 70161-44-3)

–

Methylolacrylamide (CAS 924-42-5)

–

Resorcinol diglycidyl ether (CAS 101-90-6)

–

Butanone oxime (CAS 96-29-7)

–

Dibenzo[def,p]chrysene / Dibenzo[a,l]pyrene (CAS 191-30-0)

–

Tris(2-methoxyethoxy) vinylsilane (CAS 1067-53-4)

–

Dioctyltin dilaurate (CAS 3648-18-8) and stannane, dioctyl, bis (coco acyloxy) derivatives (CAS 91648-39-4)

–

Ipconazole (ISO) (CAS 125225-28-7, CAS 115850-69-6, CAS 115937-89-8)

–

Tetraethylene glycol dimethyl ether (CAS 143-24-8)

–

2-(4-tert-Butylbenzyl) propionaldehyde (CAS 80-54-6)

–

Diisooctyl phthalate (CAS 27554-26-3)

–

2-Methoxyethyl acrylate (CAS 3121-61-7)

–

Pyrithione zinc (CAS 13463-41-7)

–

Flurochloridone (ISO) (CAS 61213-25-0)

–

Bis(α,α-dimethylbenzyl) peroxide (CAS 80-43-3)

–

Dichlordioctyl stannane (CAS 3542-36-7);

b.

until 30 September 2021: all substances that do not fall under letter a.

(Art. 3)

Dangerous liquid substances and preparations are liquid preparations with one of the properties specified in Article 2 paragraph 2 of Directive 1999/45/EC⁹² or liquid substances and preparations which fulfil the criteria for any of the following hazard classes or categories listed in Annex I to Regulation (EC) No 1272/2008⁹³:

a.

hazard classes 2.1 – 2.4, 2.6, 2.7, 2.8 types A and B, 2.9, 2.10, 2.12, 2.13 categories 1 and 2, 2.14 categories 1 and 2, 2.15 types A – F;

b.

hazard classes 3.1 – 3.6, 3.7 owing to adverse effects on sexual function and fertility or on development, 3.8 effects other than narcotic effects, 3.9 and 3.10;

c.

hazard class 4.1;

d.

hazard class 5.1.

1 It is prohibited to place on the market dangerous liquid substances and preparations in:

a.

ornamental articles intended to produce light or colour effects by means of different phases;

b.

tricks and jokes;

c.

games or articles intended to be used as such, even with ornamental aspects.

2 It is prohibited to add colouring agents, unless required for fiscal reasons, or perfumes to dangerous liquid substances and preparations:

a.

which present an aspiration hazard and are labelled with R 65 in accordance with Annex III to Directive 67/548/EEC⁹⁴ or H304 in accordance with Annex III to Regulation (EC) No 1272/2008⁹⁵; and

b.

which can be used as fuel in decorative lamps (lamp oil) and are intended for supply to the general public.

1 The packaging of lamp oils labelled with R 65 or H304 and intended for supply to the general public must be marked as follows: «Keep lamps filled with this liquid out of the reach of children. Just a sip of lamp oil – or even sucking the wick of lamps – may lead to life-threatening lung damage».

² The packaging of grill lighter fluids labelled with R 65 or H304 and intended for supply to the general public must be marked as follows: «Just a sip of grill lighter may lead to life-threatening lung damage».

¹ Lamp oils and grill lighter fluids labelled with R 65 or H304 and intended for supply to the general public must be packaged in black opaque containers not exceeding 1 litre.

² Decorative oil lamps for supply to the general public may only be placed on the market if they comply with the standard SN EN 14059:2002⁹⁶.

(Art. 3)

1 It is prohibited to place on the market and to use benzene (CAS no 71-43-2).

2 It is also prohibited to place on the market and to use any substances or preparations with a benzene content of 0.1% or more by mass.

1 The prohibitions specified in Number 1.1 do not apply to the use of benzene or substances and preparations containing benzene:

a.

in closed systems in industrial processes;

b.

for analysis and research purposes.

2 For petrol, the above is without prejudice to the provisions of the Ordinance of 16 December 1985⁹⁸ on Air Pollution Control.

It is prohibited to place on the market and to use toluene (CAS no 108-88-3) and preparations with a toluene content of 0.1% or more by mass in adhesives and spray paints intended for supply to the general public.

(Art. 3)

Blue colourant means the azo dye with the components:

a.

disodium-(6-(4-anisidino)-3-sulphonato-2-(3,5-dinitro-2-oxidophenylazo)-1-naphtholato)(1-(5-chloro-2-oxidophenylazo)-2-naphtholato)chromate(1-) (molecular formula: C39H23ClCrN7O12S.2Na; CAS no 118685-33-9); and

b.

trisodium bis(6-(4-anisidino)-3-sulphonato-2-(3,5-dinitro-2-oxidophenylazo)-1-naphtholato)chromate(1-) (molecular formula: C46H30CrN10O20S2.3Na).

1 It is prohibited to place on the market and to use the following substances:

a.

2-naphthylamine (CAS no 91-59-8) and its salts;

b.

4-biphenylamine (CAS no 92-67-1) and its salts;

c.

benzidine (CAS no 92-87-5) and its salts;

d.

4-nitrobiphenyl (CAS no 92-93-3).

2 It is also prohibited to place on the market and to use any substances or preparations containing 0.1% or more by mass of the substances specified in paragraph 1.

3 It is prohibited to place on the market and to use blue colourant or any substances or preparations with a blue colourant content of 0.1% or more by mass for dyeing textiles or leather goods.

1 The prohibitions specified in Number 2 paragraphs 1 and 2 do not apply to placing on the market and use for analysis and research purposes.

2 For azo dyes which are used in textiles and leather goods and may release substances specified in Number 2 paragraph 1 or other aromatic amines, Article 64 paragraph 2 of the Foodstuffs and Utility Articles Ordinance of 16 December 2016¹⁰¹ applies.

The prohibitions specified in Number 2 paragraph 3 come into force on 1 August 2006.

(Art. 3)

¹Preparations containing dibutyltin compounds or dioctyltin compounds are preparations which contain dibutyltin compounds or dioctyltin compounds and have a tin content of 0.1% or more by mass.

² Articles containing dibutyltin compounds or dioctyltin compounds are articles which contain dibutyltin compounds or dioctyltin compounds and where the tin content in the article, or part thereof, is 0.1% or more by mass.

It is prohibited to place on the market:

a.

preparations and articles which contain dibutyltin compounds and are intended for supply to the general public;

b.

preparations and articles which contain dioctyltin compounds and are intended for supply to the general public for the following applications:

1.

two-component room temperature vulcanisation moulding kits (RTV-2 moulding kits),

2.

wall and floor coverings.

For textiles, leather products and other articles intended to come into contact with the skin which contain dioctyltin compounds, and for articles which contain dibutyltin compounds and are intended, in connection with food production, use or packaging, to come into contact with food, the Foodstuffs and Utility Articles Ordinance applies.

¹ Preservatives refers to:

a.

biocidal products used to protect service water from contamination with harmful organisms in the industrial, commercial or municipal sector;

b.

biocidal products of product type 6 (in-can preservatives) as defined in Annex 10 to the OBP¹⁰⁴;

c.

biocidal products of product type 7 (film preservatives) as defined in Annex 10 to the OBP.

² Antifouling products are biocidal products of product type 21 as defined in Annex 10 to the OBP.

³ Articles containing tri-substituted organotin compounds are articles which contain tri-substituted organotin compounds and where the tin content in the article, or part thereof, is 0.1% or more by mass.

It is prohibited:

a.

to place on the market or use, in paints or varnishes or for service water, preservatives containing trialkyl or triaryl tin compounds;

b.

to place on the market or use antifouling products containing trialkyl or triaryl tin compounds;

c.

to manufacture or place on the market articles containing tri-substituted organotin compounds.

¹The prohibitions specified in Number 2.2 letters a and b do not apply for research and development purposes.

²The prohibitions specified in Number 2.2 letter a do not apply to paints and varnishes in which trialkyl or triaryl tin compounds are chemically bound.

¹ It is prohibited to place on the market and to use dibutyltin hydrogen borate (di-µ-oxo-di-n-butylstanniohydroxyborane, DBB, CAS no 75113-37-0).

² It is also prohibited to place on the market and to use any substances or preparations with a DBB content of 0.1% or more by mass.

The prohibitions specified in Number 3.1 do not apply:

a.

to placing on the market and use for analysis and research purposes;

b.

if a conversion process produces finished products with a DBB content of less than 0.1% by mass.

¹ The prohibition specified in Number 1.2 letter a does not apply to articles containing dibutyltin compounds which were first placed on the market before 1 June 2013.

² The following preparations and articles containing dibutyl tin compounds may continue to be placed on the market until 1 January 2015:

a.

one- and two-component room temperature vulcanisation sealants (RTV-1 and RTV-2 sealants);

b.

adhesives;

c.

paints and coatings containing dibutyl tin compounds as catalysts when applied on articles;

d.

soft polyvinyl chloride (PVC) profiles whether by themselves or coextruded with hard PVC;

e.

fabrics coated with PVC containing dibutyl tin compounds as stabilisers when intended for outdoor applications;

f.

aoutdoor rainwater pipes, gutters and fittings, as well as covering material for roofing and façades.

³The prohibition specified in Number 1.2 letter b does not apply to RTV-2 moulding kits or wall and floor coverings containing dioctyl tin compounds which were first placed on the market before 1 June 2013.

⁴ The prohibition on placing on the market specified in Number 2.2 letter c does not apply to articles containing tri-substituted organotin compounds which were first placed on the market before 1 June 2013.

(Art. 3)

¹ The following preparations are deemed to be tar-containing if, on account of the concentration of tar constituents, they exceed the following limits specified for polycyclic aromatic hydrocarbons (PAHs):

² Tar-containing clay pigeons are articles used as aerial targets in shooting which contain more than 30 mg PAHs per kilogram¹⁰⁷.

It is prohibited:

a.

to place on the market tar-containing preparations for surface dressing of paved surfaces;

b.

to place on the market tar-containing joint sealants for paved surfaces;

c.

to manufacture surfacings, such as foundation, base, binder and surface courses, using tar-containing binders;

d.

to place on the market tar-containing clay pigeons;

e.

to place on the market tar-containing paints and varnishes.

¹ The prohibitions specified in Number 2 are not applicable in cases where authorisations have been granted by the European Commission in accordance with Article 60 paragraph 1 of Regulation (EC) No 1907/2006¹⁰⁸.

² On receipt of a justified request, the FOEN may, with the agreement of the FOPH and SECO, grant further (possibly temporary) exemptions to the prohibitions specified in Number 2 letters a–c and e, if:

a.

in the current state of technology, no substitutes for tar-containing preparations are available;

b.

the quantity of tar-containing preparations used is no greater than is essential for the intended purpose; and

c.

risks to human health and the environment are adequately limited.

(Art. 3)

Perfluorooctane sulfonic acid and its derivatives (PFOS) are substances with the molecular formula C₈F₁₇SO₂X, where X = OH, metal salt [O-M⁺], halide, amide, and other derivatives including polymers.

¹ It is prohibited to manufacture, place on the market or use PFOS, or any substance or preparation containing PFOS in a concentration equal to or greater than 0.001% by mass.

² It is prohibited to place on the market new articles, or parts thereof with the following values:

a.

a concentration of PFOS equal to or greater than 0.1% by mass calculated with reference to the mass of structurally or microstructurally distinct parts that contain PFOS; or

b.

for textiles or other coated materials: an amount of PFOS equal to or greater than 1 µg/m2 of the coated material.

¹ The prohibitions specified in Number 1.2 do not apply to manufacture, placing on the market or use for analysis and research purposes.

² In addition, the prohibitions specified in Number 1.2 do not apply to the following items, or to substances or preparations needed to manufacture them:

a.

photoresists or anti-reflective coatings for photolithography processes;

b.

photographic coatings applied to films, papers, or printing plates;

c.

mist suppressants for non-decorative hard chromium (VI) plating in closed loop systems where the amount of PFOS released into the environment is minimised.

¹ Any person who uses PFOS or substances and preparations containing PFOS for a permitted use as specified in Number 1.3 paragraph 2 must provide the FOEN by 30 April of each year with the following information in respect of the previous year:

a.

the name of the substance or preparation and the name of the supplier;

b.

the quantity of PFOS used, expressed in kilograms;

c.

information on the purpose for which PFOS have been used;

d.

the amount of PFOS released into the environment during their use, expressed in kilograms;

e.

information on the potential for avoiding the use of PFOS.

² Owners of fire-fighting foams that were placed on the market before 1 August 2011 (Number 5) must report to the FOEN each year, by 30 April, the amount of fire‑fighting foam containing PFOS, expressed in kilograms, held on 31 December of the previous year. The first report must also include the name of the fire-fighting foam, the name of the manufacturer and available data on the concentration of PFOS, by mass, in the fire-fighting foam.

¹ Precursor compounds, including their salts and polymers, of perfluorooctanoic acid (PFOA, CAS No 335-67-1) are substances with a linear or branched perfluoroheptyl group with the formula C₇F₁₅in direct combination with a further carbon atom as structural element, and substances with a linear or branched perfluorooctyl group with the formula C₈F₁₇as a structural element.

² Paragraph 1 does not apply to:

a.

substances with the molecular formula C₈F₁₇X, where X = F, Cl or Br;

b.

perfluoronanoic acid (CAS no 375-95-1), its salts and derivatives with the structural element C₈F₁₇(CO)OX, where X = any group;

c.

other fluorinated compounds with the structural element C₈F₁₇(CF₂)X, where X = any group.

Number 1 applies to the manufacture, placing on the market and use of PFOS and of preparations and articles containing PFOS.

¹ The manufacture, placing on the market and use of the following are prohibited:

a.

PFOA, its salts and precursor compounds;

b.

Substances and preparations that exceed the following values:

1.

a content of PFOA and its salts of 0.0000025 per cent (25 ppb), or

2.

a content of a PFOA precursor compound or of the sum of PFOA precursor compounds of 0.0001 per cent. (1000 ppb).

² It is prohibited to place articles or parts thereof on the market if they exceed the following values:

a.

a content of PFOA and its salts of 0.0000025 per cent (25 ppb); or

b.

a content of a PFOA precursor compound or of the sum of PFOA precursor compounds of 0.0001 per cent (1000 ppb).

¹ The prohibitions in Number 2.3 paragraph 1 do not apply to:

a.

the manufacture and use of a fluorine-substituted substance with a carbon chain containing not more than six atoms, if:

1.

it contains PFOA, its salts or PFOA precursor compounds as unavoidable by-products,

2.

it is used as an intermediate,

3.

when using this substance, emissions of PFOA, its salts and PFOA precursors are avoided according to the state of the art or, if this is not possible, are reduced to a minimum;

b.

the placing on the market of a fluorine-substituted substance that may be manufactured and used in accordance with letter a for use as an intermediate;

c.

the use of a PFOA precursor compound isolated in the manufacturing process of a fluorine-substituted substance according to letter a for the purpose of its conversion into a non-precursor compound, if in the process emissions of the PFOA precursor compound are avoided according to the state of the art or, if this is not possible, are reduced to a minimum;

d.

the placing on the market of a PFOA precursor compound that may be used in accordance with letter c, for the purpose of its conversion into a non-precursor compound.

² The prohibitions in accordance with Number 2.3 paragraphs 1 and 2 do not apply to the following articles and the substances and preparations required for their manufacture:

a.

semiconductors manufactured by a photolithographic process and compound semiconductors manufactured by an etching process, as such and as components of articles;

b.

photographic coatings of films, papers and printing plates;

c.

implantable medical devices and their components.

³ The prohibitions in accordance with Number 2.3 paragraphs 1 and 2 do not apply for analysis and research purposes.

¹ Fluoroalkylsilanols and their derivatives are substances with the structural element C₆F₁₃(C₂H₄)Si(OH)_n(OX)_3–n with 0 ≤ n ≤ 3, where X means any alkyl group.

² Spray dispensers are aerosol dispensers, pump sprays and atomisers.

¹ It is prohibited to supply to the general public organic solvents containing preparations in spray dispensers containing fluoroalkylsilanols or their derivatives in a concentration equal to or greater than 0.0000002 % (2 ppb) by mass.

² The prohibition in paragraph 1 also applies to preparations intended to refill spray dispensers.

¹ Packaging for preparations subject to the prohibition in Number 4.2 must be marked as follows: “For professional users only” and “May cause death if inhaled”.

² …

¹ The prohibitions in accordance with Number 2.3 paragraphs 1 and 2 do not apply to:

a.

the following articles that were placed on the market before the date specified, and to substances and preparations, required to manufacture these articles:

b.

any other articles that were placed on the market for the first time before 1 June 2021.

² The prohibitions in accordance with Number 2.3 paragraph 1 do not apply to the use of fire-fighting foams that were placed on the market before 1 June 2021.

³ The prohibitions in accordance with Number 2.3 paragraph 1 do not apply until 1 June 2024 to:

a.

the production of polytetrafluoroethylene (PTFE) if:

1.

certain molecular properties are obtained by treatment with high-energy electromagnetic radiation of a absorbed dose of 25 to 400 kilogray,

2.

PFOA, its salts or PFOA precursor compounds are formed as unavoidable by-products in the treatment referred to in Number 1 and their total content does not exceed 0.0001 per cent (1 ppm);

b.

the placing on the market of PTFE that may be manufactured in accordance with letter a, for the purpose of eliminating PFOA, its salts and PFOA precursor compounds;

c.

the use of PTFE that may be manufactured in accordance with letter a and placed on the market in accordance with letter b, provided the emissions of PFOA, its salts and PFOA precursor are avoided according to the state of the art or, if this is not possible, are reduced to a minimum.

(Art. 3)

It is prohibited to place on the market for use the substances listed in Number 5 or preparations containing such substances, or to use them on a professional or commercial basis, subject to the exemptions specified in Number 2 and in the list under Number 5.

¹ The prohibitions specified in Number 1 do not apply to use:

a.

as an intermediate as defined in Article 2 paragraph 2 letter j of the Chemicals Ordinance of 5 June 2015¹¹⁵ (ChemO);

b.

in medicinal products;

c.

in foodstuffs or feedingstuffs;

d.

in plant protection products;

e.

in biocidal products;

f.

as a motor fuel;

g.

in mineral oil products used as fuels in mobile or fixed combustion plants, and fuels in closed systems;

h.

in cosmetic products, provided that the substance has been included in the list under Number 5 solely on the basis of the intrinsic properties «carcinogenic», «mutagenic», «toxic to reproduction» or «other serious effects to human health»;

i.

in food contact materials and articles, provided that the substance has been included in the list under Number 5 solely on the basis of the intrinsic properties «carcinogenic», «mutagenic», «toxic to reproduction» or «other serious effects to human health»;

j.

in scientific research and development;

k.

of substances present in preparations below a concentration limit of 0.1 % by mass and included in the list under Number 5 on the basis of Article 57 letters d, e or f of Regulation (EC) No 1907/2006¹¹⁶;

l.

of substances present in preparations below the lowest of the concentration limits specified in Annex I number 1.1.2.2 of Regulation (EC) No 1272/2008¹¹⁷ which result in the classification of the mixture as dangerous, and not included in the list under Number 5 on the basis of Article 57 letters d, e or f of Regulation (EC) No 1907/2006.

² In addition, a prohibition specified in Number 1 does not apply:

a.

in cases where authorisations have been granted by the European Commission in accordance with Article 60 paragraph 1 of Regulation (EC) No 1907/2006 and the substance is placed on the market and used in accordance with the EU authorisation; or

b.

to those uses of the substance in question for which an application for authorisation has been made, within the deadline set, in accordance with Article 62 of Regulation (EC) No 1907/2006, on which a decision has not yet been taken.

³ If so requested by the Notification Authority as specified in Article 77 ChemO, the importer must furnish the authorisation dossier submitted to the European Chemicals Agency, provided that it can be obtained without unreasonable effort.

⁴ On receipt of a justified request, the Notification Authority may, with the agreement of the Federal Office for the Environment (FOEN), the Federal Office of Public Health (FOPH) and SECO, grant further, temporary exemptions from the prohibitions specified in Number 1, with the assignment of a number (approval number), if:

a.

the applicant provides the information specified in Article 62 paragraphs 4–6 of Regulation (EC) No 1907/2006, with the socioeconomic analysis being tailored to the situation in Switzerland; and

b.

the requirements for the granting of an authorisation in accordance with Article 60 paragraphs 2–10 of Regulation (EC) No 1907/2006 are fulfilled mutatis mutandis.

^4bis The Notification Authority may, with the agreement with the assessment authorities of the FOEN, FOPH and SECO, avoid the presentation of certain information as specified in Paragraph 4 if appropriate.

⁵ Requests in accordance with paragraph 4 must be submitted no later than 18 months before the expiry of the transitional period specified in Number 5 paragraph 1. The Notification Authority shall grant an appropriate extension if, no later than 18 months before the expiry of the transitional period, it is credibly demonstrated that the necessary documentation cannot be furnished within the specified period.

⁶ For uses for which the European Commission has refused to grant authorisation under Article 60 paragraph 1 of Regulation (EC) No 1907/2006, a request in accordance with paragraph 4 may be submitted within 3 months after the refusal. In addition to the documentation specified in paragraph 4 letter a, the following items must be enclosed with such a request:

a.

the application for authorisation originally submitted to the European Commission;

b.

the refusal issued by the European Commission.

⁷ Pending a decision on a request in accordance with paragraph 4, notwithstanding Number 1, the requested uses of the substance in question, and of preparations containing this substance, are permitted.

⁸ The Notification Authority shall, with due regard to Article 73 ChemO, publish on its website information on the requested uses of the substances concerned and specify a period within which information on alternative substances or technologies may be submitted by interested third parties.

⁹ It shall maintain, in electronic form, a publicly accessible register of the exemptions granted under paragraph 4. The register shall include the following details:

a.

name, or company name, of the holder of the approval;

b.

approval number;

c.

name of the substance in accordance with Number 5, paragraph 1, «Substance» column;

d.

trade name of the substance or preparation;

e.

approved use;

f.

term of and conditions attached to the approval.

¹ Any person who obtains from a manufacturer or trader and uses on a professional or commercial basis a substance listed in Number 5 paragraph 1, or a preparation containing such a substance, must provide the Notification Authority, within three months after the first delivery, with details of the use and the approval number or EU authorisation number of the substance concerned.

^1bis Any person who uses a chromium(VI) compound listed in Number 5 paragraph 1 entry numbers 16–18 in a process in whose end product chromium is not in hexavalent form must provide the Notification Authority with the following information each year, by 31 March, in respect of the previous calendar year:

a.

the user's name and address;

b.

the name and CAS number of the chromium(VI) compound or the name of the preparation containing the chromium(VI) compound and the content of the chromium(VI) compound by mass;

c.

the quantity of the chromium(VI) compound or preparation used in the previous calendar year;

d.

the location of the use;

e.

details of the process in which the chromium(VI) compound is used.

² The Notification Authority shall establish and keep up to date a register of reports made in accordance with paragraphs 1 and 1^bis.

¹ Number 1 applies to the substances listed below, with the conditions stipulated in the columns «Transitional period», «Exempted (categories of) uses» and «Review periods».