¹ This ordinance regulates the approval procedure for plans that are intended to establish or modify:

A.

High-voltage facilities;

B. ¹

Power generation facilities of more than 30 kVA connected to a distribution network;

C.

Low-current electrical installations provided that they are subject to mandatory approval under s. 8 A , para. 1, of the order of 30 March 1994 on low-current electrical installations ² .

² It is applicable in its entirety to the establishment and modification of low-voltage distribution networks located in protective areas within the meaning of federal or cantonal law. Other low voltage installations are approved by the Federal Inspection of High-Power Installations (inspectorates) during regular inspections. To this end, owners continually update plans and files.

³ It is not applicable to the establishment or amendment:

A.

Facilities defined in s. 2 of the order of 6 September 1989 on low-voltage electrical installations ³ , provided that it is not a facility under para. 1, let. B;

B.

Materials defined in s. 1, para. 1, of the order of 9 April 1997 on low-voltage electrical equipment ⁴ ;

C.

Materials defined in s. 1, para. 1, of the order of 2 March 1998 on protection apparatus and systems for use in explosive atmospheres ⁵ .

⁴ Electrical installations intended solely or principally for the operation of railway lines or trolleybuses shall be governed by the order of 2 February 2000 on the procedure for the approval of plans for railway installations ⁶ .

¹ Lines with a nominal voltage of 220 kV or more (50 Hz) may only be approved after having been fixed at the end of a sectoral plan procedure.

² A new line may be approved without a sectoral plan procedure if:

A.

It does not exceed 5 kilometres;

B.

It does not affect any area to be protected under federal or cantonal law; and

C.

It meets the requirements of the non-ionizing radiation protection order of 23 December 1999 (ORNI) ² Without the need for a derogation.

³ Existing lines may be replaced, modified or developed without a sectoral plan procedure if:

A.

All possibilities for addition to other lines or other infrastructure have been exploited;

B.

In the case of movement of the line plot, conflicts of use can reasonably be resolved as part of the approval procedure for the plans;

C.

Conflicts in areas to be protected under federal or cantonal law may be ironed out by alternative measures; and

D.

ORNI requirements can be met without the need for a waiver.

⁴ The Federal Office for Energy (OFEN) decided, after consulting the relevant departments of the Confederation and the cantons concerned, of the need to conduct a sectoral plan procedure.

⁵ It conducts the sectoral plan procedure.

¹ Anyone wishing to submit an application for approval of plans for a project (applicant) - identified in the sector plan as prior information-informs the OFEN early enough.

² The applicant shall, at the same time, conclude a coordination agreement with the cantons concerned and inform the OFEN accordingly. The coordination agreement sets out in particular the following points:

A.

A timetable for the identification of a region for possible project corridors (project area) and the procedure for adapting the cantonal planning;

B.

Project objectives for the project area to be assessed;

C.

Competencies for the organization of the various stages;

D.

The participation of municipalities.

³ The applicant forwards to the OFEN the documents for assessing possible project areas. It should be pointed out that the existing potential for optimisation and conflict in spatial planning has been established by the applicant.

⁴ In agreement with the cantons concerned, the applicant may also propose a single project area in cases where there is a situation of departure where the margin of manoeuvre for several project areas is not considered sufficient. Such a proposal must be reasoned in detail.

⁵ The OFEN transmits the documents to the offices represented in the Confederation Conference for the organisation of the territory and asks them to issue a first opinion. The deadline for doing so is two months.

¹ After receiving the positions, the OFEN forms a project-specific support group composed of representatives of the following services and organisations (each service or organisation has one vote):

A.

Federal Office for Territorial Development;

B.

Federal Office of the Environment

C.

Other federal offices;

D.

Federal Electricity Commission;

E.

Federal Inspection of Strong Current Facilities (Inspection);

F.

Each canton concerned;

G.

National environmental protection organisations;

H.

Applicant.

² It may organise, within two months, a visit to the proposed areas for the implementation of the project corridors with the accompanying group.

³ On the basis of an overall review, the escort group recommends the determination of a sufficiently large area for the applicant to develop several corridor variants.

⁴ The OFEN is leading the process of consultation and participation in art. 19 of the Ordinance of 28 June 2000 on Regional Planning (OAT) ² And file with the Federal Council a request for the determination of an area.

⁵ At the reasoned request of the cantons concerned, the OFEN may, in the cases referred to in Art. 1 B , para. 4, and after the unanimous response of the members of the escort group, refrain from making a formal decision concerning the sectoral plan and communicate the project area directly to the applicant.

¹ As a general rule, the applicant shall develop, with the participation of the canton, at least two variants of the project corridor and forward the necessary documents to the OFEN.

² The OFEN lays down guidelines on the form, presentation, content and quantity of documents to be submitted.

³ It shall forward the complete documents to the accompanying group within 30 days of receipt. Within two months, the escort group shall issue a recommendation for determination of the project corridor and the transport technology to be used.

⁴ The OFEN opens the process of consultation and participation emerging from art. 19 OAT within two months of receipt of the recommendation of the escort group.

⁵ Within two months after the conclusion of the consultation procedure of the Offices, a request for determination of the project corridor and the transport technology to be used shall be filed:

A.

By the Department to the Federal Council in cases coming out of art. 21, para. 1, OAT;

B.

By the OFEN to the Department in cases coming out of art. 21, para. 4, OAT.

¹ The application files submitted for the approval of the inspection must contain all the indications necessary for the assessment of the project, in particular those concerning: ¹

A. ²

The operator, location, type and design of the proposed facility, as well as its location in relation to existing facilities;

B.

The reasons for the project;

C.

All safety-related aspects;

D.

Potential interactions with other facilities or objects;

E.

Impact on the environment and landscape;

F.

Compliance with land use planning requirements, in particular management plans and cantonal assignment plans;

G. ³

The result of investigations into the need for a sectoral plan procedure and, where appropriate, the outcome of this procedure.

² The inspection shall issue directives specifying the nature, presentation, content and number of documents to be submitted to it.

³ If necessary, it may require additional documentation, including proof that the equipment used in the construction of the facility complies with the accepted technical rules.

⁴ At the request of the approval authorities, the applicant shall submit the documents which have been used to prepare the dossier submitted.

⁵ If an installation is to be carried out or modified according to previously accepted plans, the applicant may refer to the old plans for all technical aspects.

¹ Low-current electrical installations located in an area of interaction with a high-current-current facility shall be included in the documents accompanying the project for the strong current installation.

² If, following the establishment of a strong current electrical installation, the approval referred to in s. 8 A , para. 1, of the order of 30 March 1994 on low-current electrical installations ¹ Must be required for an existing low current installation, the documents accompanying the plan of the current power installation should also indicate what measures are planned for the protection of the current installation Weak.

³ The operators of low-current facilities are required to provide free of charge all information necessary for the preparation of the documents accompanying the plan.

The inspection adopts picket directives.

¹ The inspection orders the publication of the application, organises the opposition procedure and collects the opinions of the cantons and the relevant federal authorities.

² It shall evaluate the opinions received, gather the necessary evidence and, where appropriate, order site visits. It works to reconcile the views of the parties.

³ It may desist from conducting negotiations on objections if conciliation between the parties appears doomed to failure. ¹

¹ If, within six months of receipt of the objections and opinions of the cantons and the relevant federal authorities, no agreement can be reached between the opponents and the authorities, the inspection shall forward the file, together with a report On the state of the proceedings, at the OFEN ³ For decision.

² The OFEN may reasonably extend the time limit in exceptional cases.

³ He submits the report of the inspection to the objectors and to the federal services with which no agreement could be found.

⁴ It may gather additional evidence, order the site visit and conduct negotiations on the oppositions.

If significant changes are made to the original project as a result of the approval procedure of the plans, the amended plan must be submitted once again to the bodies concerned for an opinion and, if necessary, to the public inquiry.

¹ As a general rule, the inspection processes the request for approval of plans within the following time frames:

A.

Ten working days between the receipt of the complete request and the transmission to the cantons and the relevant federal departments;

B.

30 working days for the establishment of the decision after the conclusion of the negotiations on the objections and the receipt of the opinions of the authorities.

² Processing times do not run for the time required:

A.

The adaptation or modification of the documents by the applicant;

B.

The achievement of complementary expertise or reports. ²

³ In the case of a procedure for the approval of simplified plans, the time limit applicable to the whole procedure shall not normally exceed 20 working days.

¹ As a general rule, the OFEN processes the request for approval of plans within the following time limits:

A.

One month for sending the report on the state of the proceedings in accordance with Art. 6, para. 1;

B.

Three months from the receipt of the report on the state of the proceedings until the conduct of negotiations on the oppositions;

C.

Eight months for the establishment of the decision after the conclusion of the negotiations on the oppositions and the receipt of the opinions of the authorities.

² Processing times do not run for the time required:

A.

The adaptation or modification of the documents by the applicant;

B.

The achievement of complementary expertise or reports.

If the applicant needs more than three months to adapt the application documents, develop project variants or conduct negotiations with the authorities and opponents, the procedure is suspended until its reopening is requested.

¹ The decision to approve the plans must be notified to the applicant, the opponents, the relevant federal authorities and the cantons and municipalities involved in the procedure.

² Partial authorisation may be granted for uncontested sections, provided that the contested works are not prejudiced.

¹ Facilities maintenance work can be done without a plan approval procedure when no specific environmental consequences are expected.

² Maintenance works shall mean all work intended to ensure the operation of an installation in accordance with the approval, in particular:

A.

The equivalent replacement of supports, wooden supports and parasurvoltages, as well as the replacement of insulators with a similar or shorter length;

B.

The replacement of the drivers of the airlines and the cables in the same way;

C.

The replacement of transformers of the same power and type of construction, as well as the replacement of the switches and electrical boards in the same way;

D.

Painting of towers in the same colour, measures to protect against corrosion and the remediation of masts, pedestals and tower foundations;

E.

Repairs to the level of tower pedestals, sub-station buildings and transformer stations, access to substations, and repairs to the ports of airframe coupling stations, to the extent that The appearance is not changed.

³ The inspection decides in other cases whether the planned work can be considered as maintenance work.

¹ The construction of an electrical installation can only begin when the approval of the plans is in force.

^1bis The competent authority may, through approval of the plans, allow the immediate start of the construction of the facility or parts of the facility to the extent that:

A.

There is no unprocessed opposition;

B.

No objections were raised by the cantons concerned and the specialised services of the Confederation; and

C.

The start of jobs does not cause any irreversible changes. ¹

² If during the execution of the work the mandatory reasons for deviating from the approved plan are met, the inspection shall be informed without delay. In the case of amendments which could be approved under the simplified procedure, the inspection takes a decision without the amended plans being the subject of a new approval procedure.

³ In all other cases, the amended plan is subject to a new procedure for approval of the plans; however, work may be carried out on sections of the facility that are not affected.

If the execution of a time-based plan is interrupted for more than one year and more than three years have elapsed since the decision was entered into force, the extension of the approval of the plans must be requested for inspection.

The undertaking must notify the inspection in writing of the completion of the installation and attach a confirmation from the manufacturer stating that the installation corresponds to the requirements of the legislation and the recognised rules of the technique.

The inspection, in general during the year following completion of the work, shall ensure that the performance of the facility meets the requirements and complies with the approved plans, including the measures required for the protection of the environment.

¹ The owners of electrical networks draw up an overall plan for their network. This plan must be continuously updated and, upon request, made available to the competent cantonal services.

² The overall plan should allow for a general assessment of the project compared to the existing facilities.

¹ If the conditions change to the detriment of safety, the owner of the facility shall immediately take the necessary measures to restore it.

² Changes that affect safety, those affecting the bases of assessment or ownership of a facility, and the dismantling of the facility, must be announced at the inspection.

³ The measures taken or planned as a result of changes to the conditions are subject to the approval of the inspection, together with the relevant documents.

The costs of publication of the application shall be borne by the applicant. They are cashed directly by the publication body with the latter.

¹ Art. 1 B To 1 D Apply only to sectoral plan procedures for which the documents referred to in s. 1 B , para. 3, of this Order shall be filed after the coming into force of this amendment. All other sectoral plan procedures continue to be carried out under the law previously in force.

² At the request of the applicant, the OFEN may apply s. 1 B To 1 D Applications filed after 1 ^Er July 2013, to the extent that none of the services and organizations referred to in s. 1 C , para. 1, does not oppose it.

The order of 26 June 1991 on the procedure for the approval of projects for installations with strong current ¹ Is repealed.

... ¹

This order shall enter into force on 1 ^Er March 2000.