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Contents of this enactment

Document textGeneral document text1ArticlesRegular articles in this version23
Document text1
Articles23
1Section 1 General Provisions
Art. 1 – Subject matter and scope of applicationArt. 1 Subject matter and scope of application 1 This Ordinance regulates: a. the supply and take-back of beverage containers used within Switzerland; b. the financing of the disposal of beverage containers made from gl… Direct link
Art. 2 – DefinitionsArt. 2 Definitions 1 Refillable containers means beverage containers intended for refilling. 2 Non-refillable containers means beverage containers not intended for refilling. 3 Recycling of beverage containers means the… Direct link
1Section 2 Requirements for Beverage Containers
Art. 3 – CompositionArt. 3 Composition Dealers, manufacturers and importers shall supply packaging only in containers which, when they are collected, treated or recycled by existing organisations, do not give rise to significant additional… Direct link
Art. 4 – LabellingArt. 4 Labelling Dealers, manufacturers and importers who supply beverages to consumers must: a. mark refillable containers as such; this does not apply to restaurant businesses; b. indicate the amount of the deposit ch… Direct link
1Section 3 Supply and Take-Back of Beverage Containers
Art. 5 – Mandatory deposit for refillable containersArt. 5 Mandatory deposit for refillable containers 1 Dealers, manufacturers and importers that supply beverages in refillable containers to consumers must charge a deposit. They must take back refillable containers of a… Direct link
Art. 6 – Mandatory deposit for non-refillable PVC containersArt. 6 Mandatory deposit for non-refillable PVC containers 1 Dealers, manufacturers and importers who supply beverages in non-refillable PVC containers to consumers must charge a deposit. They must take back non-refilla… Direct link
Art. 7 – Subsidiary obligation to take back non-refillable PET and metal containersArt. 7 Subsidiary obligation to take back non-refillable PET and metal containers 1 Dealers, manufacturers and importers who supply beverages in non-refillable PET or metal containers to consumers and who do not ensure… Direct link
Art. 8 – Measures in the case of insufficient recycling levelArt. 8 Measures in the case of insufficient recycling level 1 The recycling level for beverage containers made from glass, PET and aluminium shall be a minimum of 75 per cent for each material. The recycling rate of any… Direct link
1Section 4 Prepaid Disposal Fee for Glass Beverage Containers
Art. 9 – Obligation to pay a feeArt. 9 Obligation to pay a fee 1 Manufacturers who supply empty glass beverage containers for use within Switzerland and importers who import such containers must pay in respect of these a disposal fee (the «fee») to an… Direct link
Art. 10 – Level of feeArt. 10 Level of fee 1 The fee per beverage container shall be not less than CHF 0.01 and not more than CHF 0.10. 2 DETEC shall set the fee rate based on the anticipated costs of the activities set out in Article 12, ha… Direct link
Art. 11 – Duty to report and date dueArt. 11 Duty to report and date due 1 Those required to pay the fee shall, no later than 30 days after the end of each calendar half year, inform the Fee Organisation of the number of beverage containers liable to the f… Direct link
Art. 12 – Use of the feeArt. 12 Use of the fee The Fee Organisation must use the fee for the following activities: a. the collection and transport of used glass; b. the cleaning and sorting of intact glass containers; c. the cleaning and prepa… Current article Direct link
Art. 13 – Payments to third partiesArt. 13 Payments to third parties 1 Anyone who claims payment from the Fee Organisation for activities under Article 12 must submit an application to the Fee Organisation with supporting documentation no later than 31 M… Direct link
Art. 14 – RefundArt. 14 Refund 1 Anyone who exports beverage containers for which a fee has been paid may claim the refund of the fee in an application with supporting documentation. 2 If the amount due for refund is less than CHF 25.0… Direct link
Art. 15 – OrganisationArt. 15 Organisation 1 The FOEN shall delegate the levying, administration and use of the fee to a suitable private organisation. The Fee Organisation may not have any commercial interest related to the manufacture, imp… Direct link
Art. 16 – Supervision of the Fee OrganisationArt. 16 Supervision of the Fee Organisation 1 The FOEN shall supervise the Fee Organisation. It can issue directives to it, in particular about use of the fee. 2 The Fee Organisation must provide the FOEN with all the n… Direct link
Art. 17 – ProcedureArt. 17 Procedure Amended by No II 80 of the Ordinance of 8 Nov. 2006 on the Amendment of Federal Council Ordinances in accordance with the Total Revision of the Administration of Federal Justice, in force since 1 Jan.… Direct link
1Section 5 Notification Requirements
Art. 18 – Manufacture and importArt. 18 Manufacture and import Manufacturers and importers of beverages must inform the FOEN by the end of February of each year in line with its requirements of: a. the volume of beverages produced or imported for cons… Direct link
Art. 19 – Return and recyclingArt. 19 Return and recycling 1 Dealers, manufacturers and importers with an obligation to take back non-refillable containers (Art. 6 para. 1, Art. 7 para. 1, Art. 8 para. 2) must by the end of February of each year not… Direct link
Art. 20 – Reporting to private officesArt. 20 Reporting to private offices 1 Those required to report may also submit their information by the end of February of each year to private reporting offices. In this case, they must ensure that these reporting off… Direct link
1Section 6 Final Provisions
Art. 21 – EnforcementArt. 21 Enforcement The Cantons shall enforce this Ordinance unless enforcement is specifically assigned to a federal authority. Direct link
Art. 22 – Repeal and amendment of current legislationArt. 22 Repeal and amendment of current legislation 1 The Ordinance of 22 August 1990 [AS 1990 1480; 1995 5505; 1998 832] on Beverage Containers is repealed. [AS 1990 1480; 1995 5505; 1998 832] 2 ... Repealed by No IV 3… Direct link
Art. 23 – CommencementArt. 23 Commencement 1 This Ordinance comes into force on 1 January 2001, subject to paragraph 2. 2 DETEC shall determine the commencement date for Articles 9–14, 16 and 17 In accordance with Art. 2 of the Ordinance of… Direct link

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