G/TBT/N/CHE/283  
31 October 2023  
(23-7328) Page: 1/3 
Committee on Technical Barriers to Trade  Original:  English  
 
  
NOTIFICATION  
The following notification is being circulated in accordance with Article 10.6  
 
1. Notifying Member:  SWITZERLAND  
If applicable, name of local government involved (Article 3.2 and 7.2):   
2. Agency responsible:   
Federal Office for the Environment FOEN  
Monbijoustrasse 40  
CH-3011 Berne  
chemicals@bafu.admin.ch , www.bafu.admin.ch  
Name and address (including telephone and fax numbers , email and we bsite 
addresses, if available) of agency or authority designated to handle comments 
regarding the notification shall be indicated if different from above:   
State Secretariat for Economic Affairs SECO  
Holzikofenweg 36  
3003 Berne  
tbt@seco.admin.ch , www.seco.admin.ch   
3. Notified under Article 2.9.2 [X], 2.10.1 [  ], 5.6.2 [  ], 5.7.1 [  ], 3.2 [  ], 7.2 [  ], 
other :  
4. Products covered (HS or CCCN where applicable, otherwise national tariff 
heading. ICS numbers may be provided in addition, where applicable):  Products 
of the chemical industry (ICS code(s): 71.100); chemical substances  
5. Title, number of pages and language(s) of the notified document:  Draft Ordinance 
of the Federal Office for the Environment concerning amendments to annexes 1.17, 2.16, 
and 2.18 of the Ordinance on the Reduction of Risks relating to the Use of Certain 
Particularly Dangerous Substances, Preparations and Articles (Chemical Risk Reduction 
Ordinance, ORRChem, Fedlaw number: SR 814.81); (7 page(s), in French), (7 page(s), 
in German)  
6. Description of content:  Description of content: The draft Regulation aims at amending 
Annex 1.17 of the ORRChem. The draft proposes to include five additional substances in 
that Annex, namely:  
• Tetraethyllead;  
• 4,4'-bis(dimethylamino) -4''-(methylamino)trityl alcohol [with ≥ 0.1% of Michler's  
ketone (EC No. 202 -027-5) or Michler's base (EC No. 202 -959-2)]; 
• Reaction products of 1,3,4 -thiadiazolidine -2,5-dithione, formaldehyde and 4 -
heptylphenol, branched and linear (RP -HP) [with ≥0.1% w/w 4 -heptylphenol, 
branched and linear];  
• 2-ethylhexyl 10 -ethyl-4,4-dioctyl -7-oxo-8-oxa-3,5-dithia -4-stannatetetra -
decanoate (DOTE)  G/TBT/N/CHE/283  
 
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  • Reaction mass of 2 -ethylhexyl 10 -ethyl-4,4-dioctyl -7-oxo-8-oxa-3,5-dithia -4-
stannatetradecanoate and 2 -ethylhexyl 10 -ethyl-4-[[2-[(2-ethylhexyl)oxy] -2-
oxoethyl]thio] -4-octyl-7-oxo-8-oxa-3,5-dithia -4-stannatetradecanoate (reaction 
mass of DOTE and MOTE).  
According to Annex 1.17, the placing on the market and the use of the substances listed 
in this Annex are in principle prohibited. Authorisations granted by the EU Commission 
are conside red as exemptions from the ban in Switzerland, provided that the substance 
is placed on the market and used in accordance with the EU authorisation. In addition, 
the provisions of Annex 1.17 ORRChem prescribe that the Notification Authority may grant 
further temporary exemptions from the prohibitions on placing on the market and use in 
Switzerland on request if certain conditions are met.  
In November 2021, the intrinsic properties underlying the prohibition of four phthalic acid 
esters were supplemented in the EU to include endocrine -disrupting properties in addition 
to reproductive toxicity. As a consequence, some uses that were previously exempted 
from the general prohibitions no longer benefit from an exemption. The amendment of 
the ChemRRV provides for a  corresponding adaptation to the regulations in the EU. In 
addition, practical experience has shown that the wording of the general exemption for 
the use of three hexavalent chromium compounds needs to be clarified.  
In accordance with EU law, Annexes 2.16 and 2.18 ORRChem stipulate bans on the 
placing on the market of vehicle components and vehicles as well as electrical and 
electronic equipment, cables and replacement parts if they contain certain hazardous 
substance s. Components for which there is no substitute without regulated substances 
are exempt from the bans. The draft aims at designating the applicable exemptions with 
reference to EU law.  
7. Objective and rationale, including the nature of urgent problems whe re 
applicable:  Protection of human health or safety; Protection of the environment; 
Harmonization; Reducing trade barriers and facilitating trade  
8. Relevant documents:   
Current version of ORRChem and link to where the adopted consolidated version will be  
published:  
SR 814.81 - Ordinance of 18 May 2005 on the Reduction of Risks relating to the Use of 
Certain Particularly Dangerous Substances, Preparations and Articles (Chemical Risk 
Reduction Ord inance, ORRChem) (admin.ch)  
Relevant EU legal acts with which the Swiss law is being harmonized:  
Regulation (EC) No. 1907/2006  
Directive  2000/53/EC  
Directive 2011/65/EU  
9. Proposed date of adoption:  1 January 2024  
Proposed date of entry into force:  1 January 2027  
10. Final date for comments:  60 days from notification  G/TBT/N/CHE/283  
 
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  11. Texts available from:  National enquiry point [X] or address, telephone and fax 
numbers and email and website addresses, if available , of other body:   
Swiss Information Center for Technical Rules (switec)  
Sulzerallee 70  
8404 Winterthur  
Tel: +(41) 52 224 54 55 Fax: +(41) 52 224 54 75  
Email:  
switec@snv.ch  
https://members.wto.org/crnattachments/2023/TBT/CHE/23_13239_00_f.pdf  
https://members.wto.org/crnattachments/2023/TBT/CHE/23_13239_00_x.pdf