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Art. 32abis Financing via organisations commissioned by the Confederation 5354
1 The Federal Council may require manufacturers, importers and foreign online retail companies which put products into circulation in Switzerland which, after use by a large number of holders, become waste and have to be given special treatment or are suitable for recovery to pay a prepaid disposal fee to a private organisation appointed and supervised by the Confederation. This fee shall be used to finance the disposal of the waste by private individuals or public corporations.55 1bis A foreign online retail company is a company that offers products for sale online on a professional or commercial basis, delivers these products or has them delivered to consumers in Switzerland, and has neither a registered office, domicile nor a permanent establishment in Switzerland.56 2 The Federal Council shall set the minimum and maximum amount of the fee on the basis of the cost of disposal. Within this framework, the Federal Department of the Environment, Transport, Energy and Communications57 shall determine the level of the fee. 3 The Federal Council shall regulate the methods for collecting and using the fee. It may, in particular, require that persons putting products into circulation inform customers in an appropriate manner of the level of the fee. 4 The Federal Office for Customs and Border Security (FOCBS) shall provide the private organisation with the details from the customs declarations that are required for the collection of the prepaid disposal fee in accordance with paragraph 1.58 5 The import of products subject to charges in accordance with paragraph 1 is excluded from the simplified goods declaration under customs legislation.59 53 Originally Art. 32a. 54 Amended by No I of the FA of 15 June 2024, in force since 1 Jan. 2025 (AS 2024 648; BBl 2023 13, 437). 55 Amended by No I of the FA of 15 June 2024, in force since 1 Jan. 2025 (AS 2024 648; BBl 2023 13, 437). 56 Inserted by No I of the FA of 15 Sept. 2024, in force since 1 Jan. 2025 (AS 2024 648; BBl 2023 13, 437). 57 The designation of the administrative entity was amended according to Art. 16 para. 3 of the Publication O of 17 Nov. 2004 (AS 2004 4937). This amendment has been made throughout the text. 58 Inserted by No I of the FA of 15 Sept. 2024, in force since 1 Jan. 2025 (AS 2024 648; BBl 2023 13, 437). 59 Inserted by No I of the FA of 15 Sept. 2024, in force since 1 Jan. 2025 (AS 2024 648; BBl 2023 13, 437). |