Art. 1 Purpose and scope
1 The purpose of this Ordinance is to protect the public and the environment against serious harm or damage resulting from major accidents.
2 It applies to:
- a.4
- establishments where the threshold quantities for substances, preparations or special wastes specified in Annex 1.1 are exceeded;
- b.5
- establishments where an activity involving genetically modified or pathogenic organisms or alien microorganisms subject to compulsory containment is carried out which is to be assigned to Class 3 or Class 4 in accordance with the Containment Ordinance of 9 May 20126;
- c.7
- railway installations in accordance with Annex 1.2a;
- d.
- transit roads, as defined in the Ordinance of 6 June 19838 on Transit Roads, where dangerous goods are transported or transhipped in accordance with the Ordinance of 17 April 19859 on the Carriage of Dangerous Goods by Road (SDR) or the relevant international agreements;
- e.
- the Rhine, where dangerous goods are transported or transhipped in accordance with the Ordinance of 29 April 197010 on the Carriage of Dangerous Goods on the Rhine (ADNR);
- f.11
- pipeline installations as defined in the Pipelines Ordinance of 26 June 201912 which meet the criteria specified in Annex 1.3.
2bis The enforcement authority may exempt establishments under paragraph 2 letter b from the scope of this Ordinance that:
- a.
- only carry out Class 3 activities with organisms in accordance with Annex 1.4 which, due to their properties, cannot spread uncontrollably among the public and in the environment; and
- b.
- due to their hazard potential, cannot seriously harm the public or the environment.13
3 In individual cases, the enforcement authority may make the following establishments, transport routes or pipeline installations subject to this Ordinance if, on account of their hazard potential, they could cause serious harm to the public or damage to the environment:14
- a.15
- establishments handling substances, preparations or special wastes;
- b.16
- establishments where an activity involving genetically modified or pathogenic organisms or alien microorganisms subject to compulsory containment is carried out which is to be assigned to Class 2 in accordance with the Containment Ordinance, in consultation with the Swiss Expert Committee for Biosafety;
- c.
- transport routes outside establishments, where dangerous goods are transported or transhipped in accordance with paragraph 2;
- d.17
- pipeline installations as defined in the Pipelines Ordinance which do not meet the criteria specified in Annex 1.3.18
4 This Ordinance does not apply to installations and forms of transport which are subject to legislation on nuclear energy and radiological protection, insofar as the associated radiation could cause harm to the public or damage to the environment.19
5 The provisions of Article 10 EPA are directly applicable to establishments or transport routes which, in the case of exceptional events, could cause serious harm to the public or damage to the environment not arising from substances, preparations, special wastes or dangerous goods, or from genetically modified or pathogenic organisms or alien organisms subject to compulsory containment.20
4 Amended by No II 8 of the O of 18 May 2005 on the Repeal and Amendment of Ordinances in connection with the Commencement of the Chemicals Act, in force since 1 Aug. 2005 (AS 2005 2695).
5 Amended by No I of the O of 29 April 2015, in force since 1 June 2015 (AS 2015 1337).
7 Amended by No I of the O of 29 April 2015, in force since 1 June 2015 (AS 2015 1337).
8 [AS 1983 678. AS 1992 341 Art. 7]. Now: Transit Roads Ordinance of 18 Dec. 1991 (SR 741.272).
9 [AS 1985 620; 1989 2482; 1994 3006; 1995 4425 Annex 1 No II 11, 4866; 1997 422 No II; 1998 1796 Art. 1 No 18 and Art. 6; 1999 751 No II; 2002 419, 1183. AS 2002 4212 Art. 29 para. 1]. Now: the O of 29 Nov. 2002 (SR 741.621).
10 [AS 1971 1957, 1977 768, 1983 486, 1987 1454, 1990 1356]. Now: O of 2 March 2010 (SR 747.224.141).
11 Inserted by No I of the O of 13 Feb. 2013 (AS 2013 749). Amended by Annex No 2 of the Pipelines Ordinance of 26 June 2019, in force since 1 Aug. 2019 (AS 2019 2205).
13 Inserted by No I of the O of 29 April 2015, in force since 1 June 2015 (AS 2015 1337).
14 Amended by No I of the O of 13 Feb. 2013, in force since 1 April 2013 (AS 2013 749).
15 Amended by No II 8 of the O of 18 May 2005 on the Repeal and Amendment of Ordinances in connection with the Commencement of the Chemicals Act, in force since 1 Aug. 2005 (AS 2005 2695).
16 Amended by No I of the O of 29 April 2015, in force since 1 June 2015 (AS 2015 1337).
17 Inserted by No I of the O of 13 Feb. 2013 (AS 2013 749). Amended by Annex No 2 of the Pipelines Ordinance of 26 June 2019, in force since 1 Aug. 2019 (AS 2019 2205).
18 Amended by Annex 5 No 2 of the Containment O of 25 Aug. 1999, in force since 1 Nov. 1999 (AS 1999 2783).
19 Amended by No I of the O of 13 Feb. 2013, in force since 1 April 2013 (AS 2013 749).
20 Amended by No I of the O of 29 April 2015, in force since 1 June 2015 (AS 2015 1337).