G/TBT/N/CHE/225  
 
29 September 2017  
(17-5220) Page: 1/2 
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 of Public Health  
Name and address (including telephone and fax numbers, email and website 
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 [  ], other:  
4. Products covered (HS or CCCN where applicable, otherwise national tariff 
heading. ICS numbers may be provided in addition, where applicable): Chemicals 
(substances and preparations); Biocidal Products  
5. Title, number of pages and language(s) of the notified document:  
1. Draft Ordinance on Protection against Dangerous Substances and Preparations 
(ChemO); 16 pages; available in German and French (see attachment);  
2. Draft Ordinance on Biocidal Products (OBP); 16 pages; available in German, French 
and Italian (see attachment);  
3. Draft Ordinance on Fees with respect to chemical products (ChemGebV) ; 3 pages; 
available in German, French and Italian (see attachment);  
4. Draft Implementing Ordinance on Biocidal Products of the Federal Department of 
Home Affairs; 3 pages, available in German, French and Italian (see attachment)   
6. Description of content:  
Chemicals (substances and preparations ) 
The Ordinance on Protection against Dangerous Substances an d Preparations regulates the 
risk assessment of chemicals and the requirements to be fulfilled for using and placing on 
the market of chemicals which could endanger human health or the environment.  
The notified Draft Ordinance on Protection against Dangero us Substances and Preparations 
introduces among other things a risk -based obligation for the manufacturer/importer to 
communicate :  
1. chemical intermediates traded in Switzerland;  
2. fibrous nanomaterials placed on the market;  
The obligation has to be fulfilled  within 3 months after the first placing on the market.  G/TBT/N/CHE/225  
 
- 2 - 
 
  Biocidal Products  
The notified Draft Ordinance on Biocidal Products introduces the parallel trade for Biocidal 
Products with transitory authorisations and introduces among other things the possibility  of 
the Swiss competent authority to assess active substance dossiers and product dossiers 
due to application for Union authorisations. These modifications necessitate in addition a 
revision of the Ordinance on Fees with respect to chemical products.  
The D raft Implementing Ordinance on Biocidal Products of the Federal Department of 
Home Affairs is revised to adopt the Commission Implementing Regulation 
EU N° 2016/1802. Due to this adaption it is possible to obtain an authorisation for a same 
biocidal produc t if the reference product is an individual product covered under a biocidal 
product family authorisation.  
7. Objective and rationale, including the nature of urgent problems where 
applicable:  
In order to avoid technical barriers to trade and to guarante e a high level of protection of 
human health and the environment, the notified revisions follow the developments in the 
European Union.  
Intermediates: The Swiss authorities do not have any data concerning intermediates. In 
order to protect workers and the environment a minimum knowledge of the substances 
used as intermediates is required.  
Fibrous nanomaterials: The new obligation should give an overview to the authorities and 
the public over the fibrous nanomaterials placed on the market. Regulatory risk re duction 
measures are possible if special risks are recognized.  
8. Relevant documents:   
Ordinance on Protection against Dangerous Substances and Preparations (SR 813.11):  
German , French , Italian , English   
Ordin ance on Biocidal Products (OBP): German , French , Italian , English   
Ordinance on Fees with respect to chemical products:  German , French , Italian   
Implementing Ordinance on Biocidal Products of the Federal Department of Home Affairs:  
German , French , Italian  
9. Proposed date of adoption: 1 February 2018  
Proposed date of entry into force: 1 February 2018  
10. Final date for comments: 60 days from notification  
11. Texts available from: National enquiry point [X] or address, telephone  and fax 
numbers and email and website addresses, if available, of other body:   
https://members.wto.org/crnattachments/2017/TBT/CHE/17_4373_00_f.pdf  
https://members.wto.org/crnattachments/2017/TBT/CHE/17_4373_00_x1.pdf  
https://members.wto.org/crnattachments/2017/TBT/CHE/17_4373_01_f.pdf  
https://members.wto.org/crnattachments/2017/TBT/CHE/17_4373_01_x1.pdf  
https://members.wto.org/crnattachments/2017/TBT/CHE/17_4373_01_x2.pdf  
https://members.wto.org/crnattachments/2017/TBT/CHE/17_4373_02_f.pdf  
https://members.wto.org/crnattachments/2017/TBT/CHE/17_4373_02_x1.pdf  
https://members.wto.org/crnattachments/2017/TBT/CHE/17_4373_02_x2.pdf  
https://members.wto.org/crnattachments/2017/TBT/CHE/17_4373_03_f.pdf  
https://members.wto.org/crnattachments/2017/TBT/CHE/17_4373_03_x1.pdf  
https://members.wto.org/crnattachments/2017/TBT/CHE/17_4373_03_x2.pdf