Art. 41 Enforcement powers of the Confederation
1 The Confederation enforces Article 12 paragraph 1 letter e (Regulations on thermal and motor fuels), 26 (self-regulation), 27 (Information for recipients), 29 (Regulations on substances), 29a–29h(Environmentally hazardous organisms), 30b paragraph 3 (Deposit compensation fund), 30fand 30g(Import and export of waste), 31a paragraph 2 and 31c paragraph 3 (Federal waste disposal measures), 32abis(Pre-paid disposal fee), 32eparagraphs 1–4 (Charge to finance remediation), 35a–35c (Incentive taxes), 35d (Biogenic motor and thermal fuels), 35e–35h (Timber or wood products or other raw materials and products), 39 (Implementing provisions and international law agreements), 40 (Placing series-produced installations on the market) and 46 paragraph 3 (Information on substances and organisms); it may require the cantons to carry out certain duties.89 2 Any federal authority that enforces another Federal Act or an international agreement is, in fulfilling this duty, also responsible for the enforcement of the Environmental Protection Act. It must consult the cantons concerned before making its decision. The Federal Office and the other federal agencies concerned cooperate in accordance with Articles 62a and 62b of the Government and Administration Organisation Act of 21 March 199790 in relation to enforcement.91 3 If the procedure under paragraph 2 is not suitable for certain duties, the Federal Council regulates enforcement by the federal agencies concerned.92 4 The federal enforcement authorities must take account of cantonal environmental protection measures.93 89 Amended by No II of the FA of 20 Dec. 2019 on the Extension of the Time Limit for Tax Relief for Natural Gas, Liquid Gas and Biogenic Fuels and on the Amendment of the Federal Act on the Reduction of CO2 Emissions, in force from 1 July 2020 to 31 Dec. 2023 (AS 2020 1269; BBl 2019 56795813). 90 SR 172.010 91 Amended by No I 14 of the FA of 18 June 1999 on the Coordination and Simplification of Decision-making Procedures, in force since 1 Jan. 2000 (AS 1999 3071; BBl 1998 2591). 92 Amended by No I 14 of the FA of 18 June 1999 on the Coordination and Simplification of Decision-making Procedures, in force since 1 Jan. 2000 (AS 1999 3071; BBl 1998 2591). 93 Originally para. 3. |