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Environment 2010
The federal government enacts the complementing ordinances. The implementation of the federal statutes is for the most part the duty of the cantons, under the supervision of the federal authorities. The cantons enact the appropriate legislation. EU environmental regulations do not directly apply in Switzerland, as the country is not a member of the EU. However, Switzerland maintains extensive cooperative relations with the EU including with regard to the harmonisation of environmental legislation. Furthermore, it is a party to numerous international environmental conventions (see question 32).
Federal civil law also contains rules that are applicable to the abatement of nuisances such as water or air pollution (ie, articles 679 and 684 of the Swiss Civil Code regarding liability of landowners). Various federal statutes, such as the Environmental Protection Act and the Water Protection Act, provide for criminal sanctions (fines or imprisonment) for deliberate or negligent infringement of specific duties enumerated by said statutes. Individuals and in some cases legal entities can be sanctioned.
Fiirst published in Getting the Deal Through – Environment 2010 www.gettingthedealthrough.com