Enforcement
The federal government sets out the objectives of environmental protection in 12 federal acts and 74 ordinances. Enforcement is the practical implementation of environmental legislation. The cantons are primarily responsible for enforcing federal legislation. In areas such as gene technology or waste import and export, the federal authorities are directly responsible for enforcing the law, as is the case with other federal laws (railways, national roads, aerodromes etc.).
Having a comprehensive body of environmental legislation does not in itself guarantee that the environment is effectively protected. Legislation must be applied and enforced if the written law is to have an effect. Enforcement therefore involves the practical application of instruments for implementing the law.
The role of the cantons
The cantons are responsible for enforcing environmental legislation in the majority of cases - they therefore play a key role in protecting the environment. The individual cantons organise the way they enforce the law very differently, especially in terms of the tasks they assign to the communes or assume themselves. In recent years, environment agencies have started to work more closely together, and are increasingly harmonising enforcement efforts by introducing joint instruments (factsheets, recommendations, measurement agencies etc.). The cantons also outsource some tasks to private companies and business or environmental organisations.
The role of the FOEN
In some areas, the Confederation assumes responsibility for enforcement. A distinction should be made between direct federal enforcement of federal law (e.g. implementation of the Gene Technology Act, handling of organisms, import and export of waste) and enforcement by the federal offices (e.g. national roads, railways, aerodromes, military installations).
Need for improving enforcement
In cooperation with the cantonal enforcement authorities and selected federal offices, the FOEN commissioned an analysis of the way in which environmental legislation is enforced. The survey results show variations in how well the law is applied throughout Switzerland and reveal that a majority of enforcement agencies see a need to improve enforcement in a range of areas, including landscape, soil, biodiversity, biotopes, the prevention of major accidents and water protection.
As part of the study, a series of measures for improving enforcement were drawn up on the basis of the survey results. The FOEN, cantonal enforcement agencies and other federal offices decided various measures.