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RS 171.115 Order of the Federal Assembly of 3 October 2003 applying the Act on Parliament and on the administration of Parliament (Ordinance on the Administration of Parliament, OLPA)

Original Language Title: RS 171.115 Ordonnance de l’Assemblée fédérale du 3 octobre 2003 portant application de la loi sur le Parlement et relative à l’administration du Parlement (Ordonnance sur l’administration du Parlement, OLPA)

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171.115

Order of the Federal Assembly applying the Act on Parliament and on the administration of Parliament

(Parliament Administration Ordinance, OLPA)

3 October 2003 (State on 7 September 2015)

The Swiss Federal Assembly,

Having regard to art. 4, para. 1, 5, para. 2, and 70, para. 1, of the Act of 13 December 2002 on Parliament (LParl) 1 , having regard to the report of the Bureau of the Council of States of 16 May 2003 2 , having regard to the opinion of the Federal Council of 6 June 2003 3 ,

Stops:

Chapter 1 Implementing provisions of the Act on Parliament

Section 1 Official Gazette

Art. 1 Content

1 The Official Gazette contains the full minutes of the proceedings and decisions of the National Council, the Council of States and the Federal Assembly. It is published by the Parliamentary Services.

2 It appears immediately in electronic form and, after each session, in printed form.

Art. 2 Rectification

1 The texts shall be submitted for discussion to the speakers, who may make formal amendments thereto. No substantive changes are permitted. In the event of a dispute, the office of the relevant Council shall decide.

2 If no change is communicated to the service concerned within three working days of receipt of the text, the latter shall be deemed to have been approved.

Art. 3 Archiving

Sound recordings for the development of the Official Gazette are archived by the Federal Archives.

Section 2 Minutes of the Committee meetings

Art. 4 Minutes of the sessions

1 The Parliamentary Services shall draw up the minutes of the meetings of the committees.

2 A minutes of committee:

A.
Makes it possible to prepare for the treatment of an object on board or in committee;
B.
Serves as the basis for the drafting of reports and provides evidence of the decisions taken by the committee;
C.
Facilitates the subsequent interpretation of an act enacted by the Federal Assembly or a decision taken by the committee.

3 The proceedings of the committees shall be subject to an analytical record. Art. 5 is reserved.

4 The proceedings of the committees shall be recorded.

5 The recordings shall not be used for any other purpose and shall be deleted three months after the session. Monitoring committees and delegations may keep records for more than three months if the situation warrants.

Art. 5 Minutes of Decisions

The chairman of the committee may make a record of decisions when the proceedings are not indispensable for the subsequent interpretation of an act enacted by the Federal Assembly or a decision taken by the committee.

Art. 6 Recipients

1 The minutes of the commissions are given:

A.
Members of the commissions;
B.
The Chairman of the other board's committee;
C.
The appropriate services of Parliament's Services;
D.
Representatives of the federal authorities who attended the meeting.

2 The other persons who participated in the meeting receive an excerpt of their intervention and the deliberations they attended.

3 Minutes shall be provided only upon request by the Chairman and the members of the other board's committee.

4 Minutes of the following objects are submitted upon request to the members of both Councils: 1

A. 2
Action projects;
B.
Parliamentary initiatives;
C. 3
Cantons' initiatives;
D. 4
Motions dealt with by the second Board;
E.
Petitions;
F.
Non-high monitoring reports.

5 Monitoring committees and delegations regulate the handing over of minutes of matters relating to high surveillance.


1 New content according to the c. I of the Ass O. Fed. On 20 March 2009, in force since 1 Er Jul. 2009 ( RO 2009 2795 ; FF 2008 7459 7467).
2 RO 2011 3247
3 RO 2011 3247
4 RO 2011 3247

Art. 6 A 1 Extranet

1 The minutes of the commissions are made available for consultation on a secure electronic network (extranet), as long as the technique permits.

2 Access to the minutes made available on the extranet is granted:

A.
Members of the commissions;
B.
To the members of the Committee of the other Council whose area of competence is identical or similar (peer committee);
C.
To the competent staff of the Parliamentary Services;
D. 2
...

3 Oversight committees and delegations regulate the allocation of access rights in areas of high surveillance.

4 The Chairman of the Committee may, on an exceptional basis, decide that certain documents are not posted on the extranet when the overriding private or public interest justifies it. He then informs the members of the committee.


1 Introduced by ch. I of the Ass O. Fed. On 6 Oct. 2006, effective from 1 Er Jan 2008 ( RO 2008 47 ; FF 2006 7133 7141).
2 Repealed by c. I of the Ass O. Fed. On 20 March 2009, with effect from 1 Er Jul. 2009 ( RO 2009 2795 ; FF 2008 7459 7467).

Art. 6 B 1 Access by Parliamentary Group Secretariats to Extranet Minutes

1 The secretariats of the parliamentary groups have access to the extranet:

A.
The minutes of the commissions dealing with the objects referred to in s. 6, para. 4;
B.
Minutes relating to the internal affairs of the commissions designated in s. 10, c. 3-12 of the National Council Regulation of 3 October 2003 2 And art. 7, c. 3 to 11, of the Regulation of 20 June 2003 of the Council of States 3 ;
C.
Minutes relating to the internal affairs of the National Council Office.

2 The minutes shall be given to the secretariats of the parliamentary groups, provided that they are not available on the extranet.

3 The chairman of the committee may decide that a report on the internal affairs of the committee shall not be sent or put online on the extranet when the overriding private or public interest justifies it.


1 Introduced by ch. I of the Ass O. Fed. On 20 March 2009, in force since 1 Er Jul. 2009 ( RO 2009 2795 ; FF 2008 7459 7467).
2 RS 171.13
3 RS 171.14

Art. 7 Consultation of Minutes

1 At the end of the deliberations on an object referred to in s. 6, para. 4, or after the final vote, and if any after the expiry of the referendum period or after the popular vote, the minutes of the committees shall be made available upon request:

A.
For the purposes of law enforcement;
B.
For scientific purposes.

2 Permission to consult a record pursuant to para. 1 is granted by the Secretary General of the Federal Assembly.

3 Before the conclusion of the deliberations on an object referred to in s. 6, para. 4, the chairman of the committee may exceptionally allow the minutes to be consulted if there are important reasons for it.

4 With respect to minutes that are not subject to s. 6, para. 4, the decision belongs to the chairman of the committee. It allows for consultation if there are no major reasons for this. Where appropriate, it shall consult the relevant federal authority.

5 Any person who consults a record shall be kept confidential. It is not permitted, in particular, to make it public, in whole or in part, or to disclose the views expressed by the participants during the session concerned.

6 Consultation may be subject to certain conditions, such as anonymizing personal data.

Art. 8 1 Documents

1 The provisions relating to the addressees of the minutes of the committees, the making available of documents on the extranet network and the consultation of these documents shall apply by analogy to the documents of the committees.

2 Large documents are provided on paper and made available on the extranet network.


1 New content according to the c. I of the Ass O. Fed. On 6 Oct. 2006, effective from 1 Er Jan 2008 ( RO 2008 47 ; FF 2006 7133 7141).

Art. Minutes of the meetings of the bureaux and delegations

Art. 4 to 8 shall apply mutatis mutandis to the minutes of the meetings of the bureaux and delegations.

Section 3 Parliamentary oversight of the administration

Art. 10

1 The Parliamentary Control of Administration (CPA) carries out the following tasks, on the mandate of the management committees: 1

A.
Conducting evaluations in the context of high parliamentary oversight and reporting issues that would be appropriate for consideration;
B.
Monitor and implement assessments conducted by the federal government in decision-making processes.

2 On the proposal of the parliamentary committees, the CPA verifies the effectiveness of the measures taken by the Confederation; Art. 54, para. 4, LParl is reserved. 2

3 It has the same rights as the Secretariat of the Management Committee on Information. It may use the services of external experts and grant them the rights necessary to carry out their tasks.

4 It has its own credit to finance the use of experts; it reports annually on the use of this credit to the Management Commissions.

5 It treats its mandates independently. It coordinates its activities with those of the other control bodies of the Confederation.

6 The reports of the CPA are published, provided that there is no interest worthy of protection. The decision rests with the committees that have taken the initiative. 3


Section 4 Accreditation of journalists

Art. 11

1 The credentials established by the Federal Chancellery are also valid for the Federal Assembly.

2 Parliamentary Services is empowered to establish daily accreditation.

3 The order of 21 December 1990 on the accreditation of journalists 1 Is applicable by analogy.

4 As regards the prerogatives granted to accredited journalists concerning the Federal Assembly, the Administrative Delegation may deprive any journalist who has seriously abused the benefits to which the accreditation is entitled. The person concerned shall be heard beforehand.


1 [RO 1991 210. RO 2007 7011 art. 16]. See currently the O of 30 Nov 2007 on the accreditation of media correspondents (RS 170.61 ).

Section 5 Radio and television

Art. 12 Audio-visual recording of council debates

In principle, Parliament's Services ensures the production of a full audiovisual recording of the debates of the councils.

Art. 13 Use of the audiovisual recording

The Services of Parliament grant the right to use the audiovisual recording to broadcasting and television companies.

Art. 14 Live Retransmission of Debates

Members of the Councils shall be informed of the live broadcast of the proceedings.

Art. 15 Other records

Any person wishing to register the debates of the councils themselves is required to seek prior authorisation from the office of the relevant Council.

Section 6 Biographical publications

Art. 16

1 The Parliamentary Services publishes a compendium of biographical records of the members of the Assembly and the Federal Council. Each record contains, in particular, the following data:

A.
The name and first name;
B.
Date and place of birth;
C.
Place of origin and place of residence;
D.
Training, titles and professional activity;
E.
The mandates, including political mandates;
F.
The seats held in the committees;
G.
A mailing address;
H.
Military rank;
I.
A photograph.

2 The following data may be published only with the written consent of the data subject:

A.
Its private address and post office box;
B.
Its e-mail address;
C.
Its civil status;
D.
The number of children.

3 Publications of Parliamentary Services, including biographical information, can also be published on the Internet.

Section 7 4 Right to dispose of premises

Art. 16 A Access Cards

1 Access to Parliament's Palace is prohibited for anyone who is not in possession of an access card.

2 There are two types of access cards:

A.
Long-term access cards, which are issued to persons who work in the Palais du Parlement or who are required to visit regularly;
B.
Daily access cards, which are issued to persons who are required to visit the Palace of Parliament on a timely basis.

3 Anyone wishing to be issued a long-term access card should contact the authorization centre of their department, the Federal Chancellery or Parliament Services. The Parliament Services Security Service establishes long-term access cards.

4 Any person who wishes to be issued a daily access card must contact the Security Service of Parliament Services. This service establishes daily access cards.

Art. 16 B Data to be provided and data protection

1 Any person who wishes to be issued a long-term access card is required to provide the authorization centre with the following data:

A.
First and last name;
B.
Function;
C.
Address;
D.
AVS number;
E.
Photograph.

2 The authorization centres verify the accuracy of the data referred to in para. 1.

3 Any person who wishes to be issued a daily access card shall provide the following data to the security service:

A.
First and last name;
B.
Address;
C.
Number of an official piece of identification or a legitimising card of Confederation.

4 The security service maintains the data referred to in paras. 1 and 3 as follows:

A.
For holders of long-term access cards: as long as the person has the right to be in possession of the access card, then for an additional year;
B.
For holders of a daily access card: for one year.

5 The security service is the only one to have access to all data.

6 Data on the movement of persons within the Parliament Palace are not exploited except in an emergency situation. Such data shall be destroyed no later than 30 days after registration.

7 With respect to the staff of Parliamentary Services, the Secretary General of the Federal Assembly may extend the use of the long-term access card for other purposes, including the recording of hours of attendance.

Section 8 5 Processing of personal data related to the use of electronic infrastructure

Art. 16 C Legal basis and skills

1 The order of 22 February 2012 on the processing of personal data relating to the use of the electronic infrastructure of the Confederation 1 Shall apply mutatis mutandis to members of the Federal Assembly and to the staff of the secretariats of the parliamentary groups, except as otherwise provided in this Ordinance.

2 For the Federal Assembly and the secretariats of the parliamentary groups, the service designated by the governing body of the Federal Body for Data Protection and declared competent by the Ordinance on the processing of personal data Related to the use of the Confederation's electronic infrastructure is the security delegate of the Federal Assembly.


Art. 16 D Face-to-face analysis of persons in cases of misuse or suspicion of misuse

1 If, in the case of misuse or suspicion of misuse, a proposal for a nominal analysis relating to persons is filed with the Security Officer of the Federal Assembly, the latter shall inform the person in writing And requires its approval to proceed with the analysis.

2 The delegate of the Administrative Delegation checks beforehand that the following conditions are met:

A.
The actual suspicion of misuse is justified in writing in sufficient form or misuse is proven;
B.
The person concerned has been informed in writing of the existence of a concrete suspicion or evidence of misuse.

3 If the person concerned does not give his approval, the authorisation must be given:

A.
By the Administrative Delegation for Members;
B.
By the chairman of the group concerned in relation to the staff of the secretariats of the parliamentary groups.

4 The Security Officer of the Federal Assembly instructing Parliament Services (operator of the system) to conduct a nominal analysis of administered or unadministered data relating to the data subject.

5 Parliamentary Services sends the result of the analysis to the Security Officer of the Federal Assembly. The latter shall inform the person concerned and either the Administrative Delegation or the chairman of the group concerned.

Chapter 2 Administration of Parliament

Section 1 Activities of Parliament Services and Collaboration

Art. 17 Tasks

1 The Services of Parliament are the administrative services on which the Federal Assembly is based; in this respect, they assist the Federal Assembly and its bodies in the exercise of their powers.

2 They perform the tasks set out in s. 64 LParl.

3 When a Parliamentary Services unit carries out a mandate on behalf of a particular Member of Parliament, it shall be kept confidential with respect to its identity.

Art. 18 Working with the Government of Canada

1 The Services of Parliament deal directly with the services of the Confederation as well as with the other bodies responsible for the tasks of the Confederation.

2 When Parliament Services is unable to carry out the administrative work necessary for the proper functioning of Parliament, the services of the federal government may be used.

3 If their duties so require, Parliamentary Services may request information from departments and their departments on matters of fact or law.

Art. 19 Working with third parties

Parliamentary Services is empowered to enter into contracts with third parties for the provision of certain services.

Section 2 Organization and Directorate of Parliamentary Services

Art. Administrative delegation

1 The Administrative Delegation is responsible for the Supreme Directorate of Parliamentary Services. It monitors the business conduct and finances of Parliamentary Services.

2 In particular, the Administrative Delegation has the following competences:

A.
Prepare the budget and account projects of the Federal Assembly;
B.
To conclude, amend and terminate employment reports of the staff of Parliament Services under s. 27, para. 1;
C.
Approve the regulation of Parliamentary Services;
D.
Define the terms and conditions for monitoring and reporting on the staff of Parliamentary Services;
E.
Dispose of the premises referred to in s. 69, para. 1, LParl; in the absence of the Administrative Delegation, this right is exercised by the Secretary General of the Federal Assembly;
F.
Dealing with all other administrative matters of the Federal Assembly and of Parliamentary Services, to the extent that they do not belong to other bodies of the Federal Assembly or the Secretary-General, or that the jurisdiction concerned does not Was not delegated to them.
Art. Delegate

1 The Administrative Delegation shall appoint a delegate for two years.

2 The delegate:

A.
Represents the Administrative Delegation to Parliamentary Services;
B.
Reviews and controls the conduct of the affairs and finances of Parliamentary Services;
C.
Verifies the application of directives and decisions of the Administrative Delegation;
D.
Reports to the Administrative Delegation on the achievement of objectives as well as on compliance with the budget of the Parliamentary Services and submits its proposals.

3 In the event of an emergency, the delegate may exercise the powers conferred on the Administrative Delegation in respect of personnel, after agreement with the President of the Administrative Staff. The duties referred to in s. 27, para. 1, are excluded.

Art. Secretary General of the Federal Assembly

1 The Secretary General of the Federal Assembly directs the Services of Parliament and chairs its management.

2 He is the head of the secretariat of the National Council and the Federal Assembly.

Art. Secretary of the Council of States

1 The Secretary of the Council of States heads the secretariat of the Council of States. He is also the Deputy Secretary of the Federal Assembly.

2 It shall provide for the replacement of the Secretary-General with regard to the Federal Assembly (Chambers meeting) and the Directorate of Parliamentary Services within the meaning of Art. 22, para. 1. 1


1 New content according to the c. I of the Ass O. Fed. June 22, 2007 (Modification of the governing structures), in force since 1 Er August 2007 ( RO 2007 3475 ; FF 2007 4063 ).

Art. 24 Direction

1 The composition of the Directorate is defined in the Rules of Procedure of Parliament Services. 1

2 Management assists the Secretary General of the Federal Assembly in carrying out the following tasks in particular:

A.
Establishment of regulations governing the organization and tasks of Parliamentary Services;
B.
Implementation of personnel policy and allocation of resources;
C.
Development of the financial plan, budget and accounts for the Administrative Delegation;
D.
Regular management reporting to the delegate of the Administrative Delegation.

3 Management provides for the efficient execution of administrative tasks and the rational use of staff and available resources.


1 New content according to the c. I of the Ass O. Fed. June 22, 2007 (Modification of the governing structures), in force since 1 Er August 2007 ( RO 2007 3475 ; FF 2007 4063 ).

Section 3 Working reports

Art. 25 Principle

The staff of the Parliamentary Services are subject to the law of 24 March 2000 on the personnel of the Confederation 1 The implementing provisions of this Act shall also apply to the staff of Parliamentary Services, except as otherwise provided in this Order.


Art. 26 Appointment of the Secretary General of the Federal Assembly

1 The Coordination Conference shall appoint the Secretary General of the Federal Assembly. This appointment is subject to approval by the Federal Assembly.

2 The term of office is four years. It starts on 1 Er January that follows the beginning of the National Council and ends on December 31 following the beginning of the next Parliament.

3 The Secretary-General shall be appointed for a period of four years if the Coordination Conference has not terminated his working reports on 30 June of his last year of office.

Art. 27 Parliamentary Services Staff Engagement

1 The Administrative Delegation is responsible for the conclusion, amendment and termination of the working reports:

A. 1
...
B.
The Secretary of the Council of States; the office of the Council of States shall be heard in advance;
B Bis . 2
Sector leaders;
C.
The Secretary of the Management Committees and the Management Delegation;
D.
The Secretary of the Finance Committee and the Finance Delegation; the Finance Delegation confirms the Secretary's commitment.

1bis The Administrative Delegation appoints the Security Delegate of the Federal Assembly. It is responsible, in all areas of security, for the planning and organization of protective measures for Members of Parliament and for the staff of Parliamentary Services. 3

2 The Secretary-General shall be responsible for the conclusion, amendment and termination of staff working reports other than those referred to in para. 1.

3 The chairpersons of the committees or delegations shall be heard prior to the appointment of the Secretary of the Committees and Delegations.


1 Repealed by c. I of the Ass O. Fed. June 22, 2007 (Modification of the governing structures), with effect from 1 Er August 2007 ( RO 2007 3475 ; FF 2007 4063 ).
2 Introduced by c. I of the Ass O. Fed. June 22, 2007 (Modification of the governing structures), in force since 1 Er August 2007 ( RO 2007 3475 ; FF 2007 4063 ).
3 Introduced by ch. I of the Ass O. Fed. On June 19, 2015, in force since 7 September. 2015 ( RO 2015 2889 ; FF 2015 951 961).

Art. 28 Other staff skills

1 The following shall be competent to take decisions on personnel matters, subject to Art. 26 and 27:

A.
The delegate of the Administrative Delegation for decisions concerning:
1.
The Secretary General of the Federal Assembly,
2.
Staff whose commitment is the responsibility of the Administrative Delegation;
B.
The Secretary General of the Federal Assembly, for all other cases.

2 If the order of 3 July 2001 on the personnel of the Confederation (OPers) 1 Provides for the agreement or information of the Federal Department of Finance, the Secretary-General shall request the agreement of the Administrative Delegation or inform it of its decision.


Art. Personnel Commission

1 The Personnel Commission shall be heard by management in particular on matters relating to personnel.

2 The terms of office of the members of the Staff Committee shall be four years. It starts on 1 Er January following the beginning of the National Council.

Art. Derogations from the obligation to conduct interviews with collaborators

1 The provisions concerning interviews with employees and their assessment do not apply to employees of Parliamentary Services whose occupancy rate is less than or equal to 25 % or who are engaged under A fixed term contract.

2 It shall be carried out at least once every two years with these employees in an interview intended to clarify the expectations of them; this interview shall have no effect on their remuneration.

3 The salaries of these contributors are raised each year, with effect from 1 Er January, not less than two per cent and not more than three per cent, until he has reached the maximum of the salary class set out in their employment contract for the evaluation step A. The payment of a salary above the ceiling, or A different wage increase, are excluded.

Art. Functions reserved for Swiss citizens

Access to the following functions is restricted to Swiss citizens:

A.
Secretary General of the Federal Assembly;
B. 1
...
C.
Secretary of the Council of States;
D.
Secretary of Management Commissions and Management Delegation;
E.
Secretary of the Finance Committees and the Delegation of Finance.

1 Repealed by c. I of the Ass O. Fed. June 22, 2007 (Modification of the governing structures), with effect from 1 Er August 2007 ( RO 2007 3475 ; FF 2007 4063 ).

Art. 32 Function Rating

1 Each function is assessed and assigned to a salary class by the competent authorities within the meaning of s. 27, para. 1 and 2.

2 The appropriate personnel service for Parliamentary Services sets out recommendations.

3 The evaluation criteria in the OPers 1 And the guidelines of the Federal Department of Finance are applicable by analogy. The bodies responsible for the assessment of functions for the federal government within the meaning of s. 53, let. A and b, OPers can be consulted.

4 The Administrative Delegation consults with the Delegation of Finance before assigning a function to a salary class between 32 and 38.


Art. 33 Working Time, Vacation and Leave

The Secretary General of the Federal Assembly may amend and supplement the provisions applicable to the federal administration and governing working time, vacation and leave, in order to adapt them to the specific needs of Parliament and Its operation, with the exception of provisions relating to annual working time, holidays and maternity leave.

Art. 34 Other Employer Benefits

The Secretary General of the Federal Assembly may amend and supplement the implementing provisions enacted by the Federal Department of Finance with regard to other benefits of the Employer in order to adapt them to the specific needs of the Services Parliament.

Art. 35 Restriction of the right to strike

1 The exercise of the right to strike shall be prohibited to employees of Parliamentary Services to the extent that they perform tasks referred to in s. 96 OPERS 1 And deemed essential to the work of the commissions and the activities of the Federal Assembly during the sessions.

2 The delegate of the Administrative Delegation shall, where appropriate, designate persons to whom the exercise of the right to strike is prohibited.


Chapter 3 Final provisions

Art. 36 Applicable law

Administrative orders applicable to the federal government also apply to Parliamentary Services, unless otherwise decided by the Administrative Delegation of the Federal Assembly.

Art. Repeal of the law in force

The Order of the Federal Assembly of October 7, 1988, on Parliamentary Services 1 Is repealed.


1 [RO 1989 334, 1991 482, 1993 3, 1995 4880, 2000 284, 2001 3590]

Art. 38 Entry into force

This order comes into force at the same time as the Parliament Act, with the exception of s. 23, para. 2. The coordination conference shall fix the date of entry into force of s. 23, para. 2.

Transitional Provision of the Amendment of 22 June 2007 6

The Assistant Secretaries-General in office retain this title until the termination of their employment reports.


RO 2003 3605


1 RS 171.10
2 FF 2003 4570
3 FF 2003 4595
4 Introduced by c. I of the Ass O. Fed. On 18 June 2004, in force since 1 Er Jul. 2004 ( RO 2004 2993 ; FF 2004 1497 1503).
5 Introduced by c. I of the Ass O. Fed. On June 19, 2015, in force since 7 September. 2015 ( RO 2015 2889 ; FF 2015 951 961).
6 RO 2007 3475 ; FF 2007 4063


Status on September 7, 2015