**** Unofficial translation of the original French document ****
Schweizerische Eidgenossenschaft

Federal Department of Justice and Police FDJPSwiss Confederation

Federal Office of Justice (FOJ)

Confederazione Svizzera

Representation of Switzerland before the ECHR, the CAT, the CEDAW,
the CERD and the CRC

Confederaziun svizra

Case number: BJ-E-26.09.2022/31
Your reference: ECHR-LF21.10G (mod.) KKM/elf
Our reference: : F.2021/3
Bern, 5 December 2022

Application No. 53600/20 – Verein KlimaSeniorinnen Schweiz and Others v.
Switzerland
Statement of Facts
A.

BackgroundOn 26 November 2020, the association Verein KlimaSeniorinnen Schweiz and others(hereinafter: “the Applicants”) filed an application with the European Court of Human
Rights (ECHR) against Switzerland, a party to the Convention for the Protection of
Human Rights and Fundamental Freedoms of 4 November 1950 (hereinafter: “theConvention”; SR 0.101) for its contribution to global warming, which was alleged tohave an impact on their living and health conditions.
In essence, the Applicants criticise Switzerland for failing to set climate targets that areconsistent with international climate law and the best available scientific knowledge andfor failing to implement and enforce the measures necessary to achieve its inadequate2020 target. The Applicants further complain that the Swiss courts have not recognisedthat the members of the association have an interest worthy of protection within themeaning of Article 25a of the Federal Act of 20 December 1968 on Administrative
Procedure (APA)1. According to the Applicants, Switzerland has thus violated Article 6
para. 1 (access to a court) and Article 13 (effective remedy) of the Convention, as well as
Articles 2 and 8.
The Statement of Facts below comprises two phases, namely the first covering the period
up to the decision of the Federal Administrative Court of 27 November 2018 (A2992/2017) and, where relevant, up to the decision of the Federal Supreme Court of
5 May 2020 (SCD 146 I 145). The second phase comprises developments that haveoccurred to date since that time, which the courts have not had the opportunity to
examine.

B.

Statement of Facts

1.

First phase

1.1.

On 25 November 2016, the Applicants filed with the Federal Council, the Federal
Department of the Environment, Transport, Energy and Communications (DETEC), theFederal Office for the Environment (FOEN) and the Federal Office of Energy (SFOE) an
application pursuant to Article 25a APA (see Annex 14 to the Application) for cessationof omissions in climate protection. By decision of 25 April 2017, DETEC declined to deal
with the substance of the Application (see Annex 15 to the Application). On 26 May 2017,
the Applicants filed an appeal against this decision with the Federal Administrative Court(FAC).
Federal Office of Justice (FOJ)
Alain Chablais, Dr. iur.
Bundesrain 20
3003 Bern
Phone +41 58 467 62 86
alain.chablais@bj.admin.chwww.ofj.admin.ch

1 SR 172.021

BJ-D-C98C3401/248

Case number: BJ-E-26.09.2022/31

In its decision of 27 November 2018 (cf. Annex 17 to the Application), the Federal
Administrative Court held that women over the age of 75 are not the only populationgroup affected by the consequences of climate change, as they affect people, animals
and plants in the same way, even if not everyone is affected in the same way. In
particular, it states that diverse effects vary among different population groups in termsof economic and health impacts, citing as examples the health burden that heat waves
would place on people living in cities and agglomerations due to the formation of heatislands and the fact that they could equally put infants and small children at risk as wellbecause of their susceptibility to dehydration, and heat-related high ozone levels, which
could lead to respiratory problems and reduced lung function. It also argues that thechanged geographic range of carriers of disease such as ticks and mosquitoes will
newly affect parts of the population which had previously not been exposed to suchrisks. Climate change, and in particular the associated change of average temperature
and average amounts of precipitation also impact forestry, agriculture, winter tourism,
water management and the occurrence of natural perils (landslides, risk of flooding,etc.)2.
In its decision of 5 May 2020 (cf. Annex 19 to the Application), the Federal Supreme
Court recalled that Article 25a APA does not constitute a legal basis for bringing anactio popularis and that in order to bring such an action, citizens must be suffering
prejudice to their rights by the actions or omissions of the authorities. In this regard, it
notes that the existence of rights under Article 25a APA presupposes that the person
making the request is affected to a certain extent in his or her personal legal sphere,
which is not the case for the Applicants or for the rest of the population. According to
the Federal Supreme Court, the Applicants' (fundamental) rights have not been affectedwith the required intensity as a result of the omissions of which they accuse the Swissauthorities. Indeed, based on a 2018 report by the Intergovernmental Panel on Climate
Change (hereinafter: the IPCC Report), the Federal Supreme Court explains that thethresholds established by the Paris Climate Agreement (well below 2 °C) will not bereached in any event before 20403.
1.2.

The climate change and policy situation up to the time of the two federal decisions is
as follows:

1.2.1. National climate legislation up to the end of 2020
Switzerland is developing its climate legislation in line with its international
commitments. Under the Kyoto Protocol, the CO2 Act4 stipulated that Switzerland’s
greenhouse gas emissions should be reduced by 20% by 2020 compared with 1990
levels (national target). This equated to an average reduction of 15.8% for the period
2013 to 2020, corresponding to Switzerland’s international target for the second
commitment period under the Kyoto Protocol (international target).
The Federal Council set its 2020 target in light of the scientific basis available at thetime. The 2007 Fourth Report of the Intergovernmental Panel on Climate Change(IPCC)5 noted that the concentration of greenhouse gases in the atmosphere must be
stabilised at a level of 445-490 ppm CO2 equivalent to avoid dangerous climate change.
In this way, it should be possible to limit the rise in temperature to 2 or even 2.4 degrees
Celsius compared to the pre-industrial period. In order to achieve this target, thepopulation change curve would require a reduction in global greenhouse gas emissionsof 5.8 t to no more than 1 to 1.5 t CO2 equivalent per capita. Such an objective

2
3
4
5

Decision A-2992/2017, sec. 7.4.2 and 7.4.3.
SCD 146 I 145, consid. 5.3.
SR 641.71
Fourth Assessment Report — IPCC (full version in English only)

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would require a reduction in greenhouse gas emissions of at least 50-85% globally anda reduction of 80-95% in industrialised countries by 2050 compared to 1990. The
industrialised countries were therefore required to reduce their emissions by 25-40%
by 2020 compared to 1990. The Federal Council has proposed a target of minus 20%
by 2020 compared to 1990. In doing so, it drew on the objectives of Switzerland’s main
trading partners, the EU countries. At that time, the EU also had a target of minus 20%
by 2020. The Federal Council was aware that greater reduction efforts on the part ofindustrialised countries were needed in order to stabilise the atmospheric concentrationof greenhouse gases at an acceptable level, but wanted to retain the option of raising
the reduction target to at least 30% by 2020 compared to 1990, depending on
developments in international negotiations. Parliament has finally confirmed theseobjectives. Subsequently, however, it renounced the intention to increase the reduction
target from 20 to 30%.
Until the end of 2020, climate legislation provided for the following instruments:-

Levy of an incentive tax (CO2 levy) on fossil fuels of CHF 12 per tonne CO2, initially
set at CHF 96 per tonne CO2 as of 1 January 2018;o allocation of a maximum of 450 million francs per year to the Federal and Cantonal
Building Programme and a maximum of 25 million francs to the Technology
Fund, i.e. almost a third of the revenue from the levy;o proportional redistribution of the remaining two thirds to households andbusinesses;

6-

participation of all installations with high greenhouse gas emissions that are active
within the meaning of Annex 6 of the CO2 Ordinance 6 in the Emissions Trading
Scheme (ETS); Since 1 January 2020, the ETS has been linked to the EU trading
system;-conclusion of a reduction obligation for small and medium-sized installations that
operate in accordance with Annex 7 of the CO2 Ordinance and are not included in
the ETS; these installations are thus exempt from the CO2 levy;-

CO2 requirements for new vehicles, which are being regularly tightened in linewith EU requirements; as from 2020, limiting passenger cars to a maximum of 95
g CO2 per km and target of 147 g CO2 per km on average for vans and lightarticulated vehicles;-

obligation on the part of importers of fossil fuels to offset a certain proportionof CO2 emissions from transport; such offset shall not exceed five cents per litre of
fuel;

-

sectoral agreement between the Confederation and the Association of Waste
Treatment Plants for the period 2010 to 2020 with the aim of reducing emissions
from waste incineration;-

coordination by the Confederation of measures to adapt to climate change andprovision of the necessary basis for such measures;-

Climate Programme – training and communication developed with the aim ofsupplementing and strengthening the measures of the CO2 Act and supporting
climate protection activities; the programme focuses on initial and continuing
education, as well as information and advice for cities and municipalities.

SR 641.771

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These measures, together with measures taken in other areas, in particular agriculture
and energy, should enable Switzerland to reduce its emissions by 20% by 2020
compared to 1990 levels. The Greenhouse Gas Inventory 2020 shows that Switzerland
narrowly missed this target: In 2020, greenhouse gas emissions were around 19%
below 1990 levels. Due to the mild winter, emissions from buildings were particularly
low in 2020. Measures to contain the coronavirus pandemic have also contributed to a
reduction in transport-related emissions. However, only the industrial sector has
achieved this objective. Emissions from the construction, transportation and nonconstruction sectors were above target levels. On average over the period 2013 and2020, Switzerland reduced its greenhouse gas emissions by around 11% compared to1990. It met its international target for the second commitment period of the Kyoto
Protocol (average of -15.8%) by taking into account additional contributions, including
the CO2 absorption capacity of Swiss forests and Swiss wood products, as well as
emission reductions from projects abroad7.

Greenhouse Gas Emissions(million tonnes of CO2eq)

The graph below shows the trends in greenhouse gas emissions between 1990 and
2020, broken down by sector. It also specifies the target values for the various sectors
for 2020.

Transport

Industry

Building

Other

Targets

Illustration 1: Trends in greenhouse gas emissions between 1990 and 2020 by sector

1.2.2. Adapting to the impacts of climate change
The Federal Council recognised the need to adapt to the consequences of climatechange at an early stage and adopted a national strategy in 20128. The Federal Council
sets adaptation targets, identifies key cross-sectoral risks related to climate change andoutlines adaptation opportunities. Thermal stress is one of the major risks identified.
The adaptation strategy is federal. It aims to integrate management of climate change
into its sectoral policies. The cantons, cities and municipalities do not have specificobligations, but many measures fall within their competence. Pursuant to the CO2 Act,
the Confederation is required, as a primary matter, to perform a coordinating function
and provide the basis for measures.

7
8

Review of the 2020 target (for the period 2013-2020) (admin.ch)
Swiss Confederation (2012);Adaptation to climate change in Switzerland: Strategy of the Federal Council (admin.ch)

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The Federal Council has compiled federal measures to implement the adaptation
strategy into action plans. The first, covering the period from 2014 to 2019, contains 63
measures to be taken by the federal authorities concerned9, including the measures “sh1Information and recommendations on heat wave protection” of the Federal Office of
Public Health (FOPH) and “dt4 Information and awareness-raising for planners” of theFederal Office for Spatial Planning (ARE). In 2017, on behalf of the FOPH, the Swiss
Institute for Tropical and Public Health (Swiss TPH) published the “Heat Measurements
Toolkit: A catalogue of measures for the prevention of heat-related health risks” for the
cantonal and communal authorities (implementation of the measure dt4)10. In 2018, theFOEN and the ARE published the report “When the city overheats: Basis for Climate
Change Adapted Urban Development” with the aim of reducing heat islands in populatedareas (implementation of measure dt4)11.
In 2013, the Confederation launched the pilot programme “Adaptation to Climate
Change” with the aim of supporting the implementation of the adaptation strategy at the
local and regional levels12. 31 projects were carried out during the first phase of the
programme, including the project “Effect of heatwaves on mortality and possible
adaptation measures”, which analyses the effectiveness of the measures taken by thecantons (see infra). In Sion, a pilot project involved redeveloping public space to better
adapt to heat.
Between 2010 and 2017, the FOEN analysed the risks and opportunities of climatechange for Switzerland with the aim of planning adaptation measures and developing therequired strategy. It produced a Switzerland-wide synthesis of the results of eight regionalcase studies13. The analysis confirmed that increased heat stress and the resulting
damage to human health are among the main risks of climate change in Switzerland.
The National Centre for Climate Services (NCCS) was founded in late 201514. It is afederal network whose objective is to coordinate the development, sharing anddissemination of climate services. The CH2018 Climate Scenarios15 and the HydroCH2018 Hydrological Scenarios16 were developed and published under the auspicesof the NCCS. They provide an important basis for targeting adaptation measures andstrategies.
In response to the hot summer of 2003, the Federal Office of Meteorology andClimatology (MeteoSwiss) has been issuing heatwave warnings since 2005. Thiswarning system was reviewed in 2020 and adapted to new scientific knowledge on therelationship between heat stress and mortality. Since 2005, the FOPH has been issuingrecommendations to the cantons, the public health system and the general public on
how to deal with heat waves; it updates these regularly17.
The cantons are responsible for the protection of the population during periods of hightemperatures. The cantons of Geneva, Vaud, Valais, Fribourg, Neuchâtel and Ticino
have drawn up action plans that they can activate before the start of a heatwave. The
other cantons also take measures where necessary, but have not developed a specificplan. The effectiveness of these measures was demonstrated in a study commissionedby the FOPH18.

9

Swiss Confederation (2014); Climate Change Adaptation in Switzerland – Action Plan 2014–2019 (admin.ch)
Mr S. Ragettli and Mr Röösli (updated version 2021); FOPH Toolbox against heat.pdf (imad-ge.ch)
11
FOEN (2018), When the city overheats (admin.ch)
12
Pilot programme “Adaptation to climate change” (admin.ch)
13
Climate-related risks and opportunities (admin.ch)14
National Centre for Climate Services NCCS (admin.ch)
15
Swiss Climate Scenarios (admin.ch)
16
Hydrological scenarios - Hydro-CH2018 (admin.ch)
17
Heat (admin.ch)
18
Effects of Heat on Health in Switzerland (admin.ch)
10

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1.2.3. Nationally determined contribution and targets for 2030 and 2050
On 27 February 2015, Switzerland was the first country to announce its nationallydetermined contribution: It has committed to reducing its greenhouse gas emissions by
50% by 2030 compared to 1990, which represents an average reduction of 35% overthe period from 2021 to 203019. It has set an indicative reduction target of 70-85% by2050. In the explanations provided, it indicated that it wanted to achieve its 2030 target
through measures both domestically and internationally and that this target would apply
subject to the approval of Parliament. To define its reduction rate, Switzerland relied on
the scientific bases of that time, contained in the Fifth IPCC Report of 201420. It notedin particular that its commitment to reduce emissions by 50% by 2030 compared to1990 would put it on a path which is consistent with the recommendations of the IPCC
report, namely to reduce global emissions by 40 to 70% by 2050 compared to 2010.
In its public statements, Switzerland has also announced its acceptance of an equitable
contribution, which, according to it, covers various aspects: In its view, one indicatoralone was not enough to reflect equity or a fair distribution of countries' efforts at the
global level. It added that the changing circumstances in a given country should betaken into account when thinking about equity. It stated that a country’s responsibility
is reflected in its past, current and future greenhouse gas emissions. It noted that
Switzerland’s responsibility for greenhouse gas emissions was limited, accounting for
only about 0.1% of global emissions at the time and that its per capita emissions werein line with the international average. It argued that its contribution to global warming
was further diminishing as a result of the measures it was taking domestically. It
reiterated that it had a low level of historical emissions (some 0.2% since 1990). It
concluded that equity required honouring past efforts and the pioneering role played bysome States. It stated that its emission abatement costs were high due to the limited
availability of effective and low-cost short-term measures. It pointed out that its power
generation was virtually decarbonised and that it had almost no heavy industry. It saw
the potential to reduce emissions mainly in the construction and transport sectors, butwith time required to realise this potential.
1.2.4. Ratification of the Paris Agreement and complete revision of the CO2 Act
By ratifying the Paris Agreement on 6 October 2017, Switzerland made a final
commitment to halve its greenhouse gas emissions by 2030 and to reduce them by anannual average of 35% over the period from 2021 to 2030 compared to 1990.
Parliament has endorsed these objectives21. In order to implement this international
commitment and to comply with Article 3 paragraph 5 of the CO2 Act, the Federal
Council submitted to Parliament the dispatch of 1 December 2017 on the complete
revision of the CO2 Act for the period after 2020, with a view to setting targets andmeasures up to 203022. In its explanatory memorandum, the Federal Council referred
to its close relationship with the EU. It noted the following situation: The objective isalso oriented towards the EU, Switzerland's most important trading partner. Despite
this proximity to Europe, however, the starting position is different. In contrast to theEU, Switzerland produces hardly any fossil-based electricity and has a significantly
smaller share of emissions-intensive industry. In the EU, on the other hand, there is still
great potential for

19

Switzerland targets 50% reduction in greenhouse gas emissions by 2030 (admin.ch)
Publications — IPCC(Fifth Assessment Report)
21
BBl 2017 4017
22
BBl 2018 229
20

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cost-effective CO2 reduction. Switzerland, on the other hand, has a large share of grey
emissions in international comparison, which is why it seems appropriate to set an
overall reduction target higher than that of the EU (50% instead of 40% in the EU), butalso to allow, in contrast to the EU, additional measures that can be implemented
abroad.” Parliament adopted the draft on 25 September 2020. It was rejected at theballot box on 13 June 2021 (for more details, see “Second Phase”).
1.2.5. Extension of the current CO2 Act until the end of 2021
Parliamentary deliberations on the comprehensive revision of the CO2 Act have been
delayed. In December 2019, prompted by a parliamentary initiative23, Parliament
decided to partially revise the CO2 Act24 in order to extend the time-limited measuresand set a reduction target for 2021. By 2021, Switzerland’s greenhouse gas emissions
were to be reduced by 1.5% compared to 1990. The 2021 target was the legal basis
for determining the offset rate applicable to importers of fuels and the level of increasein the CO2 levy. The offset rate defines the proportion of transport-related emissions
that must be offset internally.
Due to the failure to meet the interim target for fossil fuels under Article 94 paragraph
1 letter d of the CO2 Ordinance, the CO2 levy was increased in 2022 to the statutory
maximum of 120 francs per tonne CO2.
1.2.6. Zero net emissions target and Switzerland’s long-term climate strategy
On 28 August 2019, the Federal Council decided that, from 2050, Switzerland must notemit more greenhouse gases than natural sinks can absorb and stored by technicalinstallations (net-zero emissions target)25. The need to reduce greenhouse gas
emissions to net zero is based on the science provided by the IPCC in autumn 2018 ina special report on global warming of 1.5 degrees26. This scientific basis also forms thebasis for Switzerland’s climate policy objectives and Switzerland’s long-term climate
strategy, which the Federal Council asked DETEC (FOEN) to develop on
28 August 2019. The Strategy was adopted on 27 January 2021 and deposited with theSecretariat of the United Nations Climate Change Conference (for details see “Second
phase”).

2.

Second phase

2.1.

The climate change and policy situation since the two federal decisions is as follows:

2.1.1. Complete revision of the CO2 Act (rejected by popular vote on 13 June 2021);
Extension of the CO2 Act until the end of 2024
Parliament adopted the new CO2 Act on 25 September 2020. It implemented
Switzerland’s international commitments under the Paris Agreement and included
climate policy objectives and measures that would apply until 2030. The aim was toincorporate into national legislation the internationally agreed targets set in 2017 (minus
50% emissions by 2030 and minus 35% for the period from 2021 to 2030, in each casecompared to 1990). Parliament had endorsed these objectives at the time of approving
the Paris Agreement. It then needed to make a statement23

17.405 iv. pa. Burkart, Renew temporary tax relief for natural gas, liquid gas and biofuels
BBl 2019 8183
25
Federal Council aims for a climate-neutral Switzerland by 2050 (admin.ch)
26
IPCC (2018); IPCC-Special-Report-1.5-SPM en.pdf
24

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on minority proposals setting more ambitious objectives, or less ambitious objectives,
which it had rejected.
The comprehensive revision of the CO2 Act was to come into force on 1 January 2022
and proposed the following measures:-

renewal of the CO2 levy that has been imposed on fossil fuels such as heating oil,natural gas and coal since 2008, to a maximum of CHF 210 per tonne of CO2;-

introduction of a tax on air tickets of between 30 and 120 francs, depending on the
distance and the class in which the person travels; a tax on business and private
flights was also introduced;-

renewal of the commitment to reduce CO2 emissions for companies and extensionof this instrument to all companies; in return, companies were to be exempted fromthe CO2 levy;-

continuation of the ETS, coupled with the EU trading scheme, for companies
emitting large amounts of CO2; in return, these companies were to be exemptedfrom the CO2 levy.

-

establishment of a Climate Fund financed on the basis of the polluter-pays principle
and as a continuation of the Federal and Cantonal Building Programme and thecurrent Technology Fund; the Climate Fund also had the ambition of promoting
climate-friendly investments, supporting innovative businesses and providing
financial assistance to support measures to protect against the dangers of climatechange;-renewal and extension of the obligation to offset emissions for importers of thermal
fuels and admissibility of domestic and foreign abatement measures;-

Renewal and lowering of emission targets for new vehicles (passenger and delivery
vehicles, lorries) in coordination with EU requirements;-

setting upper limits for CO2 exhausts for old and new buildings.

Part of the economy and young people committed to climate action won a referendum
against the law. On 13 June 2021, Swiss citizens rejected the complete revision of thelaw at the ballot box, raising the risk of a regulatory gap in at least one area. The CO2
Act is not time-limited, but the fact that the new version of the Act could not come into
force would have left Switzerland without a national reduction target after 2021 and thus
without a reference to the obligation to offset CO2 emissions and the tax exemption
related to the reduction obligation, which is limited to 2021.
In order to avoid any gaps, Parliament decided on 17 December 2021 to extend theobligation to offset emissions and the tax exemption associated with the reduction
obligation and to maintain the current reduction target until the end of 2024. This partial
revision of the CO2 Act is the result of a parliamentary initiative by the Environment,
Spatial Planning and Energy Committees of the National Council (ESPEC-N)27. The
reduction target for the years 2021 to 2024 is 1.5% per year compared to 1990,
although from 2022 no more than 25% of this reduction can be achieved by measures
implemented abroad.

27

21.477 iv. pa. ESPEC-N. Extension of the CO2 Act’s reduction target (parlament.ch)

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This target is not directly linked to the target of minus 20% by 2020; it applies
autonomously. This is the reduction potential that can be exploited in the light oftechnological progress by extending existing measures in Switzerland and supportingnew climate protection projects abroad. This target also serves as a reference fordetermining the level of offset for CO2 emissions, which the Federal Council can nowalign with the development of transport-related emissions. The partial revision also
extends the emission-reduction obligation of companies exempt from the CO2 levy until
2024 in accordance with a standardised procedure.
2.1.2. Federal Council Dispatch on the revision of the CO2 Act for the period after 2024
After the rejection of the complete revision, the Federal Council wanted to quickly start
work on a new draft implementing Switzerland’s commitments under the Paris
Agreement. On 17 September 2021, it defined the next steps for climate policy28. Thiswas based on an analysis of the result of the vote, which showed that the fear of risingcosts and in particular the possible increase in the price of petrol had led to the rejection.
The Federal Council instructed DETEC to prepare a preliminary draft by the end of2021 that takes account of the results of the vote and ensures the broadest possible
consensus on future climate policy. The aim was to focus on measures that enablepeople to reduce their CO2 emissions on a daily basis and that support ongoing efforts
in the various sectors. The Federal Council has set the following criteria for legislativework.
-

The project was to be based on the current CO2 Act. The aim was to retain theexisting instruments.

-

The project was not to propose new taxes. Funds from different climate policy
instruments were expected to benefit the sectors from which they originate.

-

Different financial incentives had to be created in order to avoid inappropriate
investments and to strengthen ongoing developments.

-

Additional support measures were to accompany the efforts of the population andthe sectors concerned.

-

Blending percentages for sustainable fuels were to be introduced in the aviation
sector. In addition, consideration was to be given to whether the introduction of aminimum percentage of sustainable fuels should be accompanied by financial
support or incentives for airlines.

On 17 December 2021, the Federal Council launched the consultation process on therevised CO2 Act for the period after 202429. The consultation closed on 4 April 2022.
On 16 September 2022, the Federal Council adopted the dispatch on the revision of
the CO2 Act for the period after 202430. The project is based on the criteria set out above
and provides for the following measures:-continuation of the CO2 levy up to a maximum of CHF 120 per tonne CO2; anincrease in the partial allocation for climate protection measures over a specificperiod up to a maximum of half of the revenue from the levy;-

the use of the funds allocated under the Buildings Programme, the Technology
Fund, the promotion of geothermal energy and, as a new measure,28

Climate policy: Federal Council lays the groundwork for a new bill (admin.ch)
Climate policy: Federal Council submits revised CO2 Act for consultation (admin.ch)30
BBl 2022 2651
29

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support for biogas plants and encouragement of municipal energy planning;-

reduction of CO2 emission targets for new vehicles in coordination with EU
requirements; introduction of CO2 emission targets for lorries;-

encouragement of the expansion of the charging infrastructure for electric vehicles;
as of 2026, abolition of mineral oil tax relief for public transport buses; investmentof the additional revenues generated in electric or hydrogen buses; encouragementof the provision of cross-border rail transport, including night trains;-extension until 2030 of the service-related exemption from the heavy goods vehicle
charge for electric and hydrogen heavy vehicles;-

introduction of an obligation to blend renewable fuels with conventional aviation
fuels, in coordination with EU legislation; financial support for companies setting up
pilot plants for the production of renewable synthetic aviation fuels;-

increase to 90% of the maximum share of emissions to be offset by importers of
petrol and diesel (offsetting measures in Switzerland and abroad); retention of the
maximum surcharge of 5 cents per litre that importers may pass on to consumers;
introduction of an obligation to release renewable fuels for consumption; Extensionof mineral oil tax relief for renewable fuels until 2030;-

extension of the possibility of exemption from the CO2 levy for all companies in
return for a reduction commitment; obligation to submit a decarbonisation plan forcompanies exempt from the tax; the continuation of the ETS coupled with the EU
trading scheme for companies emitting large amounts of CO2;-

obligation for financial market supervisory authorities to report on risks related toclimate change.

These measures, together with technological progress and the momentum in various
sectors (e.g. electromobility), should enable Switzerland to maintain its target of
reducing emissions by less than 50% by 2030. In its dispatch, the Federal Council
estimates that the measures implemented in Switzerland should lead to a reduction inemissions of around 34%31. Other reduction measures may be implemented abroad.
The bill is currently being debated in Parliament.
2.1.3. Glacier Initiative and Direct counter-proposal of the Federal Council
The popular initiative “For a Healthy Climate (Glacier Initiative)” was submitted on
27 November 2019 with 113,125 signatures by the Swiss Climate Protection
Association. It provides for a new constitutional article on climate policy (Art. 74a of theFederal Constitution), according to which, from 2050, Switzerland must not emit more
greenhouse gases than can be absorbed sustainably by safe greenhouse gas sinks.
From that date, Switzerland also may not put into circulation any motor or fossil fuel,with exceptions only for applications for which there are no technical alternatives.
With its decision of 28 August 2019 to achieve a balanced climate balance for all
greenhouse gas emissions (net zero emissions) by 2050, the Federal Council

31

Ibid

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is pursuing the same objective as the initiative. It welcomes the ambition under the
initiative to enshrine this objective in the Constitution. In its view, however, the initiative
went too far on some points, which is why it made a direct counter-proposal on
11 August 202132, replacing the ban on fossil fuels with an obligation to reduce theirconsumption. The military, police and rescue services will be able to use fossil fuels ifnecessary during their operations. Exceptions will also be possible if alternativetechnologies are not available in sufficient quantities or at economically viable costs. In
addition to social acceptability, account must be taken of the special situation ofmountain and peripheral areas, which are generally less well served by public transport.
In Switzerland, the potential for the sustainable storage CO2 in sinks (e.g. forests, soils,
geological deposits) is limited due to technical, economic, ecological and social
conditions. The Federal Council therefore leaves open the question of whether theremaining fossil-fuel emissions in 2050 will have to be offset in Switzerland or abroad.
2.1.4. Indirect counter-proposal to the Glacier Initiative
Parliament has chosen to oppose an indirect counter-proposal to the glacier initiative.
On 12 October 2021, ESPEC-N submitted a parliamentary initiative to that effect33.
Parliament adopted the Federal Act on Climate Protection Targets, Innovation andEnhancing Energy Security on 30 September 202234. The law prescribes the goal of“net zero emissions” by 2050. It includes an intermediate target for 2040 (75% reduction
from 1990) and for the years 2031-2040 (minus 64% on average) and 2041-2050(minus 89% on average). It also sets indicative emission reductions for the construction,transport and industrial sectors for the years 2040 and 2050. It requires theConfederation to ensure that the Swiss financial centre makes an effective contribution
to low-emission, climate-resilient development. The Confederation and the cantons
shall ensure that the measures required for adaptation to the effects of climate change
are taken in Switzerland. In short, the indirect counter-proposal incorporates the threeobjectives of the Paris Agreement.
As the first concrete measures, the proposal provides for a total of CHF 3.2 billion for
the replacement of fossil-fuel heating systems (CHF 2 billion over ten years), energy
retrofits and the promotion of new technologies (CHF 1.2 billion over six years). The
Confederation may also cover the risks associated with investments in public
infrastructure that are required to achieve the net-zero target (e.g. for district heating
networks). The proposal thus allows for the expansion of public infrastructure within thestated objective. In addition, it creates a role model for the Confederation and thecantons: the central federal government must have met the net zero emission target by
2040. All other measures will have to be covered by special legislation, primarily the
CO2 Act. The project specifies the timetable to be adhered to.
The objectives and intermediate targets of the indirect counter-proposal are compatible
with the Federal Council’s Climate Strategy 205035, which it approved on
27 January 2021, a few months before the publication of the Sixth IPCC Report36. This
strategy

32

21.055 Federal Council Dispatch of 11 August 2021 on the popular initiative for a healthy climate (Glacier Initiative) and the direct counterproposal (Federal Decree on Climate Policy); BBl 2021 1972.
33
21,501 iv. pa. ESPEC “Indirect counter-proposal to the Glacier Initiative. Net zero greenhouse gas emissions by 2050”
34
BBl 2022 2403
35
Long-term Climate Strategy to 2050 (admin.ch)
36
IPCC (2021); https://www.ipcc.ch/languages-2/english/

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is based in particular on the Energy Outlook 2050+ published by the Swiss Federal
Office of Energy in autumn 202037. By adopting it, Switzerland complied one month latewith one of its commitments under the Paris Agreement, which requires states to submit
their long-term climate strategies to the relevant United Nations Secretariat by the endof 2020. The strategy shows that Switzerland can reduce its greenhouse gas emissions
by almost 90% by 2050. The construction and transport sectors will be able to become
emission-free by 2050 and industrial energy-related emissions will also be virtuallyeliminated by 2050. Sustainable renewable fuels and new propulsion technologies will
create potential for reducing emissions in aviation. A reduction in emissions of at least
40% compared to 1990 is possible in the agri-food sector. According to the Long-Term
Climate Strategy, some 12 million tonnes of CO2 equivalent will remain in the industrial,
waste recovery and agricultural sectors in 2050. These almost unavoidable emissions
will have to be offset by carbon capture and storage (CCS) and negative emission
technologies (NET). On 18 May 2022, the Federal Council adopted a report setting out
the measures and framework conditions for developing CCS and NETs on the required
scale by 205038.
The authors of the glacier initiative, reacting to the adoption of the indirect counterproposal, withdrew their text with conditions39. The Committee stressed that it saw theindirect counter-proposal as a milestone in climate policy and as a faster means ofachieving the desired goal than the initiative itself. The adopted draft is subject to areferendum. The political party Swiss People's Party (SVP) has already announced its
intention to launch a referendum against the counter-proposal. If the referendum islaunched and successful, the popular vote is expected to take place in the summer of2023 or spring of 2024.
The illustration below summarises the objectives of Switzerland’s climate policy and theapplicable legal bases.

Paris Climate Agreement

Kyoto Protocol-8% GHG
emissions, incl.
measures abroad-20% bymeasures in
Switzerland only

1st CO2 Act

2nd CO2 Act

Switzerland would no longer
release into the atmosphere
more-50%, incl.
greenhouse gas emissions than
measures abroad
thenatural andartificial sinks are capable ofFederal Council
absorbing.
Dispatch on theBasis for the Long-Term
Decision of therevision of the CO2
Climate Strategy,
Federal Council
Act for the period
27.01.2021
29.08.2019:from 2025 to
Indicative target
2030
Direct counter-proposal
to the Glacier Initiativeof the Federal Council,
11.08.2021“net zero”

Indirect counterproposal to theparliament’s glacierinitiative,
30.09.2022

Illustration 2: Overview of Switzerland’s climate policy objectives
37

Energy Perspectives 2050+ (admin.ch)
Climate change: The Federal Council adopts the report on the development of negative emission technologies (admin.ch)
39
The committees will soon be able to conditionally withdraw their popular initiatives (admin.ch)
38

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2.1.5. Adapting to the effects of climate change
In 2018, the Confederation published new regional climate scenarios for Switzerland40.
Together with the Climate-Related Risks and Opportunities Report41, they form thebasis for Switzerland’s 2nd Adaptation Plan to Climate Change, which was adopted by
the Federal Council in August 202042. The action plan, which includes 75 measures at
the federal level, covers the period from 2020 to 2025. It includes a new measureentitled “Thermal Stress Prevention” (PA2.sh4.1), which complements the measures in
the first action plan to protect the population from heat. Within the framework of existingprocesses, this measure provides for the assessment of the adequacy of the provisions
on the protection of workers' health contained in Ordinance 3 of the Labour Act43 or theneed for additional measures on the management of extreme heatwaves.
The second phase of the pilot programme “Adaptation to Climate Change” will end in
202344. Of the 50 pilot projects conducted between 2019 and 2021, 15 are dedicatedto the elimination of heat islands in populated areas. One of them analysed the effectof spatial and socio-demographic factors on heat-related health risks.
In 2022, the Confederation launched work on a review and possible overhaul of theclimate risk analysis with the aim of updating the adaptation strategy and developing athird action plan for the period after 2025. It will take into account new scientific bases,
such as the Swiss Climate Scenarios CH201845, the Hydrological Scenarios
HydroCH201846 and the Sixth IPCC Report47. The analysis will identify areas andpopulation groups that are particularly vulnerable to climate change risks, so that
adaptation measures can be better targeted.
In 2021, the NCCS published the public call for proposals for the NCCS-Impacts
research programme48. The aim of this project is to study the impact of climate change
on Switzerland, in support of the latest scientific bases. It consists of six modules,
including one on human and animal health impacts.
2.1.6. International developments
On 9 December 2020, Switzerland announced its new nationally set target for reducing
its greenhouse gas emissions by at least 50% compared to 1990 levels by 2030.
Compared to the target announced in 2015, the 2020 target is characterised by thefollowing: the reduction target has been reduced from minus 50% to at least minus 50%
and the indicative reduction target of minus 70 to minus 85% by 2050 has been
complemented by the target of greenhouse gas neutrality by 205049. Switzerland
informed the parties that the complete revision of the CO2 Act had been rejected at theballot box (13 June 2021), which had provided for the reduction of emissions in
Switzerland from minus 60% to minus 75% and the offsetting of emissions from the
manufacture of products imported and consumed in Switzerland by additional
measures abroad. In announcing its new target, Switzerland stressed that theunderlying legislation is subject to an optional referendum and will only become
effective if citizens accept it in a vote.

40

Swiss Climate Scenarios (admin.ch)
Climate-related risks and opportunities (admin.ch)42
Swiss Confederation (2020); Adaptation to climate change in Switzerland. Action Plan 2020-2025 (admin.ch)43
SR 822.113
44
Pilot programme “Adaptation to climate change” (admin.ch)45
See footnote at bottom of page 40.
46
See footnote at bottom of page 16.
47
IPCC (2021) link? French — IPCC (6th Assessment Report)
48
NCCS-Impacts (admin.ch)
49
Climate protection: five years after the Paris Agreement (admin.ch)
41

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Following the rejection of the CO2 Act, Switzerland confirmed on 17 December 2021
the change of its target to at least 50% by 2030, as well as its indicative climate
neutrality target for 2050, and modified its explanations on how it still intends to achieve
its targets50. Switzerland reiterated its thoughts on an equitable distribution of efforts tocombat climate change. It recalled that its greenhouse gas emissions accounted forabout 0.1% of global emissions and that Switzerland’s per capita emissions (2020: 5.04
tonnes of CO2 equivalent per capita in 2020) were below the international average. It
explained that it was therefore disproportionally costly for it to further reduce its
emissions.
On 3 November 2022, Switzerland adopted the decision taken at the Third Meeting of
the Parties to the Paris Agreement in Glasgow to review its climate target and takereinforcement measures. It has informed the parties regarding the latest decisions of
the Federal Council and Parliament, in particular regarding the 2050 climate neutrality
targets in the building, transport and industry sectors, which significantly strengthen
Switzerland’s efforts to achieve its climate target. It has furthermore made clear that themeasures planned in the event of a war-related energy shortage in Ukraine would notlead to an increase in Switzerland’s emissions.
It follows from the above that Switzerland has fulfilled and continues to fulfil its
commitments under the Paris Agreement.

50

Climate policy: Federal Council submits revised CO2 Act for consultation (admin.ch)

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