In accordance with the Administrative Procedure Act (APA) and the Ordinance on Electronic Communication in Administrative Proceedings (ECAPO), the Notification Authority for Chemicals offers interested companies and individuals the option of electronic delivery of authorisations.
However, before the Notification Authority for Chemicals can deliver the authorisation electronically, it must first obtain the consent of the company/individual.
If you would like electronic delivery of authorisations in connection with the transitional authorisations AN and/or substances ( notifications or reporting of new substances), please complete the designated form "Form: Electronic delivery of authorisation (PDF, 160 kB, 25.10.2022)" and sign it or include the company stamp and return it to cheminfo@bag.admin.ch.
Once confirmation has been received, the Notification Authority for Chemicals will no longer deliver authorisation by post, but instead via the IncaMail platform. Consent can be withdrawn in writing at any time. If you do subsequently wish to withdraw consent for electronic delivery of the authorisation, you can use the same form you used to grant consent.
The authorisations delivered electronically feature a personal qualified electronic signature which is deemed legally equivalent to a handwritten signature. You can find more information on the website of the Federal Office of Information Technology, Systems and Telecommunication (see Links tab below).
The IncaMail1 platform complies with the requirements of the Federal Department of Justice and Police. You can find more information on the website of the Federal Office of Justice (see Links tab below).
Legal consequences:
Delivery to an electronic mailbox on the IncaMail platform allows us to determine and prove the date and time at which the authorisation reaches the addressee’s sphere of control and thus the beginning of the period for filing an appeal.
The addressee of the authorisation must download it from the electronic mailbox. The time of download is deemed the time of delivery. The appeal period is therefore calculated from this time.
IMPORTANT
Delivery to the addressee’s electronic mailbox is deemed a first delivery attempt as defined under Article 20 paragraph 2 bis APA, i.e. the period is calculated from the seventh day following this first delivery attempt at the latest and the period is also calculated if the authorisation was not downloaded (this is equivalent to delivery by registered mail, and in this case, too, the period is calculated from the seventh day even if the letter is unclaimed – i.e. delivery is deemed to have been made).
1 https://www.post.ch/en/customer-center/online-services/incamail/info
