Industry: Production, processing and consumption

The production, processing and consumption of Schedule 1 chemicals is subject to authorisation under the Chemicals Control Ordinance (CCO).

A plant site is required to declare if the quantity of production, processing or consumption of the Schedule 2 chemical has exceeded the threshold in any of the last three calendar years or is expected to exceed the threshold in the next calendar year. The threshold is 1kg for Schedule 2A*, 100kg for Schedule 2A and 1000kg for Schedule 2B. A plant site is required to declare if the quantity of a Schedule 3 chemical produced exceeded the threshold of 30t in the previous calendar year or is expected to exceed the threshold in the next calendar year. For DOC and PSF chemicals, only production in the most recent calendar year must be declared if it exceeds the threshold of 200t for the total quantity of DOC (including PSF) or 30t of a PSF compound. Table 1 (Thresholds for chemicals).

In the case of mixtures or by-products for scheduled chemicals, the concentration of the chemical must be taken into account for the declaration and only the effective quantity must be stated. For declarations of mixtures with Schedule 2A chemicals, please refer to Article 27 of the Chemicals Control Ordinance (Schedule 2 chemicals in mixtures and as intermediates or by-products). Schedule 2B and Schedule 3 chemicals must be declared if their content exceeds 30% by weight and in addition the effectively calculated quantity exceeds the threshold value in Table 1. (See Table 2 for mixtures).

English is not an official language of the Swiss Confederation. This translation is provided for information purposes only [and has no legal force].

Import and export of scheduled chemicals

The import and export of Schedule 1 and Schedule 2 chemicals from and to States not Party to the Convention are prohibited (CCO Art. 8 and 10).

When importing and exporting Schedule 2A chemicals as a pure substance or as a mixture from and to States Parties, please refer to the Chemicals Control Ordinance (CCO Art. 14).

The import and export of a Schedule 2B or Schedule 3 chemical from and to States Parties is subject to declaration if the effective quantity exceeds the threshold of 100kg. DOC and PSF chemicals are not subject to import/export declarations. Table 3 (Threshold for chemicals)

The import and export of mixtures containing Schedule 2B or Schedule 3 chemicals are declarable as soon as a concentration of more than 30% by weight is reached and the effectively calculated quantity exceeds the threshold of 100 kg (Table 4 for mixtures).

As a rule, the country of origin for the declaration of a chemical is the country from which a chemical is shipped to the Swiss customs territory or to one of the Swiss customs exclusion areas and in which it was last cleared through customs before shipment. Mere transit through or financial transaction via third countries does not change the origin of a chemical. The country of destination is the country where a chemical is to be used for its intended purpose or where it is to be processed, refined or otherwise handled. 

Case study under documents

English is not an official language of the Swiss Confederation. This translation is provided for information purposes only [and has no legal force].

Inspections

If a company produces, processes or consumes CWC-relevant chemicals above a specified threshold, it becomes subject to inspection and falls under the OPCW verification regime. Inspectors from the Technical Secretariat of the Organisation for the Prohibition of Chemical Weapons (OPCW) routinely conduct industrial inspections at such companies subject to inspection. The aim of these OPCW inspections, which are announced at short notice, is to verify the concerned State Party’s compliance with the treaty by inspecting a randomly selected plant site as well as to build confidence with the other CWC States Parties. The focus is therefore not on the company as such, but on Switzerland as a State Party.

A plant site/plant becomes subject to inspection if production, processing or consumption exceeds the thresholds given in Table 5:

The international OPCW inspection team consisting of two to five people is accompanied by a team from the National Authority, headed by the State Secretariat for Economic Affairs SECO. The respective inspections include on-site inspections and the verification of records (compliance with declarations). They may also include sampling and analysis.

The notification period of an inspection and inspection duration depend on the declared chemicals. As soon as SECO has been informed of a planned inspection in Switzerland by the OPCW, it contacts the company concerned and discusses the further procedure.

Export Licences

The import and export of chemicals covered by the legally binding Chemical Weapons Convention (CWC)are not only subject to a declaration obligation under the CWC to SPIEZ LABORATORY (import/export declarations) but also to a licensing obligation by SECO.

The export and import of Schedule 1 and 2 chemicals from Non-State Parties are prohibited. The export and import of Schedule 1 chemicals to States Parties and the export of Schedule 2 and 3 chemicals must be authorised by the State Secretariat for Economic Affairs SECO. Since 2014, applications can only be submitted electronically via the ELIC tool. In order to submit a license application in Elic, you must register in advance at www.elic.admin.ch.