¹ The operator of an establishment or an installation that represents a special threat to the environment is liable for the loss or damage arising from effects that occur when this threat becomes reality. In the case of loss or damage that arises from the handling of pathogenic organisms, Article 59a^bis applies.¹³⁹

² As a rule, the following establishments and installations are regarded as representing a special threat to the environment:

a.

those that the Federal Council makes subject to the implementing provisions in terms of Article 10 on the basis of the substances or organisms used or the waste produced;

b.

those that are used for waste disposal;

c.

those in which liquids which may pollute water are handled;

d.¹⁴⁰

those in which substances are present for which the Federal Council has introduced a licensing requirement or other special regulations to protect the environment.

³ Any person who proves that the loss or damage was caused by force majeure or by gross negligence on the part of the injured party or of a third party is relieved of liability.

⁴ Articles 42–47 and 49–53 of the Code of Obligations¹⁴¹ apply.¹⁴²

⁵ The reservation in Article 3 applies to liability provisions in other federal acts.

⁶ The Confederation, cantons and communes may also be held liable in accordance with paragraphs 1–5.