The various votes in recent years have shown that sustainability and environmental protection are concerns of the population. The Federal Council is therefore moving forward, which is why significant changes to the Environmental Protection Act (EPA) will come into force in Switzerland from 1 April 2025. These reforms are aimed at speeding up the clean-up of contaminated sites and tightening up prosecution in the environmental sector. Companies and authorities will therefore face new challenges and responsibilities.
We reported in detail on reporting obligations in the area of sustainability in our last ESG Update Insight.
On 14 March 2025, the Federal Council decided on the partial entry into force of the amendment to the Federal Act on Environmental Protection (EPA), which will take effect on 1 April 2025. These legislative amendments relate in particular to the areas of remediation of contaminated sites, incentive taxes, environmental prosecution and the introduction of information and documentation systems. This article sheds light on the background and objectives of the legislative changes, explains the legal basis and analyses the practical effects on companies, authorities and society. It also gives practical recommendations and provides an outlook on possible future developments.
Remediation of contaminated sites
The Contaminated Sites Fund will subsidise investigations of contaminated sites until 2032 and corresponding remediation until 2045. A new feature is that the remediation of children’s playgrounds and domestic gardens contaminated by pollutants will also be subsidised. The federal government will also contribute financially to the investigation and remediation of contaminated sites around waste incineration plants or at fire and extinguishing training grounds that have been contaminated by PFAS-containing extinguishing foams.
Prosecution in the environmental sector
In view of the fact that environmental crime has become a global business worth billions, criminal law in this area is being tightened. This will enable more effective prosecution of organised crime and money laundering in connection with environmental offences. The facilitated sharing of information between law enforcement and environmental authorities should increase the efficiency of criminal prosecution.
Information and documentation systems
The introduction of new information and documentation systems serves the electronic handling of procedures as well as electronic business administration and data processing. This should simplify and speed up the exchange of data between the competent federal offices, the cantonal specialised offices and the applicants and persons subject to reporting obligations, for example when handling substances, organisms and waste.
Incentive taxes
The ordinances on the incentive tax on the sulphur content of extra-light heating oil, petrol and diesel will be repealed. These levies have no longer applied since 2009 due to stricter regulations in the Ordinance on Air Pollution Control.
Noise protection
The provisions on noise protection in the Environmental Protection Act (Articles 22 and 24) are expected to come into force in spring 2026, as a revision of the Noise Abatement Ordinance (LSV) is required beforehand.
Practical implications and recommendations
- For companies
Companies, especially those in the waste management, construction and chemical industries, must be prepared for stricter controls and higher requirements for the remediation of contaminated sites. It is advisable to review and adapt internal compliance programmes at an early stage in order to meet the new legal requirements.
- For authorities
Authorities at federal and cantonal level should optimise their internal processes to ensure the efficient use of the new information and documentation systems. Close co-operation between environmental and law enforcement authorities is essential to effectively combat environmental crime.
- For society
The legislative amendments strengthen the protection of the environment and public health. Promoting the renovation of children’s playgrounds and gardens helps to improve the quality of life in residential areas.
Conclusion and outlook
The partial enactment of the amendments to the Environmental Protection Act marks an important step towards more effective environmental protection in Switzerland. The stricter regulations on the clean-up of contaminated sites and criminal prosecution in the environmental sector send out clear signals in favour of protecting the environment and health. Companies and authorities are required to adapt to the new requirements and optimise their processes accordingly. Future developments could bring further tightening or adjustments to the legal framework in order to meet the challenges of environmental protection.
Sources
https://www.admin.ch/gov/de/start/dokumentation/medienmitteilungen.msg-id-104482.html