Commentaries: Art. 32asepties

The Federal Office may take administrative measures against persons liable to pay fees or contributions if they fail to fulfil their obligations under Articles 32a ^bis–32a ^quinquies.
It may impose the following administrative measures:
1. publication of the names of persons or entities liable to pay fees or contributions;
2. an import ban on their products;
3. temporary seizure of the products at the border and auctioning of these products;
4. temporary seizure of the products at the border and handover of these products free of charge to a charitable organisation;
5. temporary seizure of the products at the border and destruction of these products if they are damaged, pose a safety or environmental risk or have been imported illegally.
After expenses have been deducted, the proceeds from the auction in accordance with paragraph 2 letter c shall be allocated to the private organisation in accordance with Article 32a ^bisor the private sector organisation in accordance with Article 32a ^terto finance the disposal of waste.
The Federal Office may publish the names of electronic platform operators that do not fulfil their obligations under Article 32a ^sexies.
It shall consult the persons or entities liable to pay fees and contributions and the electronic platform operators before deciding on the administrative measures.
The measures under paragraph 2 letters b and e shall be enforced by the FOCA, and those under paragraph 2 letters a, c and d shall be enforced by the Federal Office. For the purpose of enforcing the measures under paragraph 2 letters c and d, the FOCA shall hand over the products temporarily seized at the border to the Federal Office.

Art. 32asepties

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