Commentaries: Art. 38

The customs authorities shall take samples of thermal and motor fuels which are imported or supplied by domestic refineries. They shall either submit the samples to a laboratory designated by the FOEN or analyse them themselves.¹
The customs authorities or the laboratory shall report the results of the tests to the FOEN.²
The FOEN shall verify compliance with the regulations on placing thermal and motor fuels on the market by testing samples.³
If the FOEN establishes that an importer or dealer is repeatedly importing or placing on the market thermal or motor fuels which fail to meet the quality requirements in Annex 5, it shall inform the competent cantonal prosecution authorities and, if applicable, the customs authorities.⁴

Amended by No I of the O of 23 June 2004, in force since 1 Jan. 2005 (AS 2004 3561). ↩
Amended by No I of the O of 23 June 2004, in force since 1 Jan. 2005 (AS 2004 3561). ↩
Amended by No I of the O of 14 Oct. 2015, in force since 16 Nov. 2015 (AS 2015 4171). ↩
Inserted by No I of the O of 14 Oct. 2015, in force since 16 Nov. 2015 (AS 2015 4171). ↩

Art. 38