Ordonnance sur la réduction des risques liés à l’utilisation de substances, de préparations et d’objets particulièrement dangereux (2020-12-15)
| Date de publication | 18 mai 2005 |
(Chemical Risk Reduction Ordinance, ORRChem)
of 18 May 2005 (Status as of 1 December 2020)
The Swiss Federal Council,
on the basis of Articles 2 paragraph 4, 19, 22 paragraph 2, 24, 38, 39 paragraph 2, 44 paragraph 2, 45 paragraphs 2 and 5 and 46 paragraph 1 of the Chemicals Act of 15 December 20001 (ChemA), on the basis of Articles 27 paragraph 2, 29, 30a, 30b, 30c paragraph 3, 30d, 32abis, 38 paragraph 3, 39 paragraphs 1 and 1bis, 41 paragraph 3, 44 paragraphs 2 and 3, 46 paragraphs 2 and 3, 48 paragraph 2 and 63 paragraph 2 of the Environmental Protection Act of 7 October 19832 (EPA), on the basis of Articles 9 paragraph 2 letter c, 27 paragraph 2 and 48 paragraph 2 of the Waters Protection Act of 24 January 19913, on the basis of Article 15 paragraphs 4 and 5 of the Foodstuffs Act of 20 June 20144, and in implementation of the Federal Act of 6 October 19955 on Technical Barriers to Trade,6
ordains:
1 This Ordinance:
a.prohibits or restricts the use of the particularly dangerous substances, preparations and articles covered by the Annexes;b.specifies the personal and professional qualifications required for the use of certain particularly dangerous substances, preparations and articles.2 Without prejudice to specific disposal requirements laid down in this Ordinance, substances, preparations and articles which are waste, as defined in Article 7 paragraph 6 EPA, are subject to:
a.1the Waste Management Ordinance of 4 December 20152;b.3the Ordinance of 22 June 20054 on Movements of Waste; andc.the Ordinance of 14 January 19985 on the Return, Take-Back and Disposal of Electrical and Electronic Equipment.3 This Ordinance does not apply to:
a.the transport of substances, preparations and articles by road, rail, water, air or pipelines;b.6the transit of substances, preparations and articles under customs supervision, provided that they do not undergo any processing or transformation.1 Amended by Annex 6 No 11 of the Waste Management Ordinance of 4 Dec. 2015, in force since 1 Jan. 2016 (AS 2015 5699).
2 SR 814.600
3 Amended by Annex 3 No II 8 of the O of 22 June 2005 on Movements of Waste, in force since 1 Jan. 2006 (AS 2005 4199).
4 SR 814.610
5 SR 814.620
6 Amended by Annex 4 No 45 of the Customs Ordinance of 1 Nov. 2006, in force since 1 May 2007 (AS 2007 1469).
In this Ordinance, without prejudice to specific definitions given in the Annexes:1
a.manufacturer means any natural or legal person who manufactures, extracts or imports substances, preparations or articles on a professional or commercial basis; also deemed to be a manufacturer is any person who obtains substances, preparations or articles in Switzerland and supplies them on a professional or commercial basis, without altering their composition, under his own trade name or for some other purpose; if a person arranges for the manufacture of a substance, preparation or article in Switzerland by a third party, this person is deemed to be the sole manufacturer if he is domiciled or has a registered office in Switzerland;b.trader means any natural or legal person who obtains substances, preparations or articles in Switzerland and supplies them on a commercial basis without altering their composition.1 Amended by No I of the O of 7 Nov. 2012, in force since 1 Dec. 2012 (AS 2012 6161).
Section 1 Restrictions, Prohibitions and Exemptions
1 The restrictions and prohibitions on the use of specific substances, preparations and articles, together with exemptions, are regulated in the Annexes.
2 Exemptions under the Annexes are only granted to persons who are domiciled or have a registered office in Switzerland.
Section 2 Authorisations
The following applications require an authorisation granted by the authorities mentioned below:
Application |
Authority granting authorisation |
| a.application, on a professional or commercial basis, of products intended to protect plants against rodents (rodenticides), if applied on more than one farm or by machine | cantonal authority; with the agreement of the Federal Food Safety and Veterinary Office (FSVO), the Federal Office for Agriculture (FOAG) and the Federal Office for the Environment (FOEN) in the case of regional or supraregional applications |
| b.2aerial spraying and spreading of plant protection products, biocidal products and fertilisers | Federal Office of Civil Aviation, with the agreement of the Federal Office of Public Health (FOPH), the FSVO, the FOAG, the State Secretariat for Economic Affairs (SECO) and the FOEN |
| c.application of plant protection products and fertilisers in forests, unless covered by an authorisation under letter a or b | cantonal authority |
1 Amended by No I 6 of the O of 4 Sept. 2013 (Reorganisation in the field of Food Safety and Veterinary Medicine), in force since 1 Jan. 2014 (AS 2013 3041).
2 Amended by No I of the O of 1 July 2015, in force since 1 Sept. 2015 (AS 2015 2367).
The granting of authorisation in accordance with Article 4 letter b is not required for the application of organisms using an unmanned aircraft.
1 Inserted by No I of the O of 1 July 2015, in force since 1 Sept. 2015 (AS 2015 2367).
1 Authorisation shall be granted in accordance with Article 4 letter a or c if the planned application is not expected to endanger the environment. This authorisation is for a limited period and for a specific geographical area.1
1bis Authorisation granted in accordance with Article 4 letter b shall be limited in time and geographical scope and only granted if, in the case of the planned application:
a.application from the ground is not feasible or application from the air is associated with advantages for the protection of human health or the environment;b.the aviation company uses aircraft and equipment with state-of-the-art technology for the protection of human health and the environment; andc.there is no reason to fear any risk to human health and the environment.22 Authorisations shall only be granted to persons who are domiciled or have a registered office in Switzerland or in a member state of the European Union (EU) or the European Free Trade Association (EFTA).
1 Amended by No I of the O of 1 July 2015, in force since 1 Sept. 2015 (AS 2015 2367).
2 Inserted by No I of the O of 1 July 2015, in force since 1 Sept. 2015 (AS 2015 2367).
If a federal authority is responsible for the authorisation, it shall consult the relevant cantonal authority before making a decision, in particular in relation to whether the cantonal authority takes the view that the conditions for authorisation have been fulfilled and regarding the ancillary requirements to be stipulated in any authorisation that may be granted. The federal authority shall notify the cantonal authority of its decision.
1 Amended by No I of the O of 1 July 2015, in force since 1 Sept. 2015 (AS 2015 2367).
Section 3 Certificates
1 The following activities may only be carried out on a professional or commercial basis by natural persons with an appropriate certificate or with a qualification regarded as equivalent, or acting under the supervision of such persons:
a.the use of: 1.plant protection products,2.pesticides on behalf of third parties,3.disinfectants for use in public swimming pools,4.wood preservatives;b.1the handling of refrigerants during: 1.the manufacture, installation, maintenance or disposal of refrigeration, air conditioning or heat recovery appliances or systems,2.the disposal of refrigerants.2 Pest control with fumigants may only be carried out by natural persons with an appropriate certificate or with a qualification regarded as equivalent.
3 The competent Federal Department shall specify detailed requirements for certificates. It may provide for exemptions to authorisation requirements and specify a time limit for certificates for pest control with fumigants. In its regulations it shall take account of the protection goals.
1 Amended by No I of the O of 7 Nov. 2012, in force since 1 Dec. 2012 (AS 2012 6161).
1 A certificate shall be issued to a person who, in an examination, has demonstrated the knowledge required for the activity concerned with regard to:
a.fundamentals of ecology and toxicology;b.legislation on the protection of the environment, health and workers;c.measures for the protection of the environment and health;d.environmental impacts and the appropriate use and disposal of substances, preparations and articles;e.appliances and their appropriate handling.2 Certificates from member states of the EU and EFTA are regarded as equivalent to Swiss certificates.
3 The competent Federal Department or its designated agency shall decide, if requested by a college or vocational training establishment, whether a specific qualification must be regarded as equivalent to a certificate.
4 The competent Federal Department shall determine which agency may recognise occupational experience as equivalent to a certificate and under what conditions.
5 Articles 9–11 apply mutatis mutandis to:
a.certificates from member states of the EU and EFTA (para. 2);b.qualifications regarded as equivalent to a certificate (para. 3);c.occupational experience recognised as equivalent to a certificate (para. 4).Certificates are valid throughout Switzerland.
Any person who holds a certificate and carries out the relevant activities must keep abreast of best practices and undergo continuing education and training.
1 If the holder of a certificate wilfully infringes the relevant provisions of environmental, health and worker protection legislation, or repeatedly infringes such provisions...
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