Commentaries: Art. 24

The Notification Authority, in consultation with the assessment authorities, shall amend an authorisation if:
1. ¹ the conditions for authorisation specified in Article 11 or 11b or in Section 3 are no longer met;
2. the authorisation was granted on the basis of false or misleading information;
3. after the authorisation was granted, the holder failed to comply with the obligations arising from this Ordinance.
4. ² a review in accordance with Article 9 paragraph 3 of the Waters Protection Act of 24 January 1991³indicates that an amendment is required in order that the limits specified are no longer repeatedly and widely exceeded.
It shall amend an authorisation at the reasoned request of the authorisation holder. Such amendments shall be handled in accordance with the following procedures:
1. administrative change: under a simplified notification procedure;
2. minor change: under a procedure with a reduced evaluation period;
3. major change: under a procedure with an evaluation period proportionate to the extent of the proposed change.
The FDHA, in consultation with DETEC and the EAER, shall specify the details of the procedures referred to in paragraph 2; in so doing, it shall take into consideration the implementing act adopted by the European Commission in accordance with Article 51 of Regulation (EU) No 528/2012⁴.

Amended by No I of the O of 5 June 2015, in force since 1 July 2015 (AS 2015 1985). ↩
Inserted by No I of the O of 15 Nov. 2023, in force since 1 Jan. 2024 (AS 2023 709). ↩
SR 814.20 ↩
See footnote to Art. 1b para. 3. ↩

Art. 24