Key Benefits:
4 October 1963 (State on 13 June 2006)
Scope of application 1
1 This Act applies to pipes used to transport mineral oil, natural gas or other liquid or gaseous fuel or fuel designated by the Federal Council, as well as to facilities such as pumps and tanks serving The operation of these pipes (their set is hereinafter referred to as "installations").
2 The law applies in its entirety:
3 Conduct not covered by para. 2 are subject to the special rules of chap. IV.
4 The Federal Council may declare the law inapplicable to low-length pipelines, including when they are an integral part of a facility for the storage, transfer, processing or use of fuels or fuels.
1 Introduced by ch. I 11 of the LF of 18 June 1999 on the coordination and simplification of the decision-making procedures, in force since 1 Er Jan 2000 ( RO 1999 3071 3124; FF 1998 2221 ).
2 Repealed by c. 78 of the annex to the Act of 17 June 2005 on the Federal Administrative Tribunal, with effect from 1 Er Jan 2007 (RS 173.32 ).
1. Approval of plans
1 The transmission facilities referred to in Art. 1, para. 2, can only be implemented or amended if the project plans have been approved by the Supervisory Authority.
2 The procedure for the approval of plans shall be governed by this Law and, in the alternative, by the Federal Law of 20 June 1930 on Expropriation (LEx) 2 .
3 The approval of the plans covers all the authorizations required by federal law.
4 No authorisation or plans under the cantonal law are required. The cantonal law is taken into account in so far as it does not disproportionately interfere with the performance of the tasks of the undertaking.
1 New content according to the c. I 11 of the LF of 18 June 1999 on the coordination and simplification of the decision-making procedures, in force since 1 Er Jan 2000 ( RO 1999 3071 3124; FF 1998 2221 ).
2 RS 711
2. Conditions
A. In general 1
1 Approval of plans shall be refused or, where a less radical measure is sufficient, subject to charges or conditions: 2
2 Approval of plans may be refused or subject to charges or conditions only for the reasons set out in para. 1. 4
1 New content according to the c. I 11 of the LF of 18 June 1999 on the coordination and simplification of the decision-making procedures, in force since 1 Er Jan 2000 ( RO 1999 3071 3124; FF 1998 2221 ).
2 New content according to the c. I 11 of the LF of 18 June 1999 on the coordination and simplification of the decision-making procedures, in force since 1 Er Jan 2000 ( RO 1999 3071 3124; FF 1998 2221 ).
3 New content according to the c. I 11 of the LF of 18 June 1999 on the coordination and simplification of the decision-making procedures, in force since 1 Er Jan 2000 ( RO 1999 3071 3124; FF 1998 2221 ).
4 New content according to the c. I 11 of the LF of 18 June 1999 on the coordination and simplification of the decision-making procedures, in force since 1 Er Jan 2000 ( RO 1999 3071 3124; FF 1998 2221 ).
B. Foreign Company
If the company is foreign, it must have an administrative centre and operating direction in Switzerland and be organised in such a way as to ensure compliance with Swiss law.
1 New content according to the c. I 11 of the LF of 18 June 1999 on the coordination and simplification of the decision-making procedures, in force since 1 Er Jan 2000 ( RO 1999 3071 3124; FF 1998 2221 ).
1 Repealed by c. I 11 of the LF of 18 June 1999 on the coordination and simplification of decision-making procedures ( RO 1999 3071 ; FF 1998 2221 ).
3. Right of Expropriation
The undertaking seeking approval of the plans shall have the right of expropriation.
1 New content according to the c. I 11 of the LF of 18 June 1999 on the coordination and simplification of the decision-making procedures, in force since 1 Er Jan 2000 ( RO 1999 3071 3124; FF 1998 2221 ).
4. Right at the crossing of communication channels 1
1 The undertaking shall be entitled, against the payment of a fair compensation, to the crossing of lines of communication, provided that after the construction of the crossing, the necessary security measures fully guarantee the traffic and that the Crossing does not interfere with a proposed layout of the lines of communication. During the construction of the crossing, traffic may be restricted only to the extent necessary for the completion of the work. 2
2 In case of dispute, the LEx 3 Is applicable in determining whether the conditions set out in para. 1 are completed and to determine the amount of the allowance.
1 New content according to the c. I 11 of the LF of 18 June 1999 on the coordination and simplification of the decision-making procedures, in force since 1 Er Jan 2000 ( RO 1999 3071 3124; FF 1998 2221 ).
2 New content according to the c. I 11 of the LF of 18 June 1999 on the coordination and simplification of the decision-making procedures, in force since 1 Er Jan 2000 ( RO 1999 3071 3124; FF 1998 2221 ).
3 RS 711
1 Repealed by c. I 11 of the LF of 18 June 1999 on the coordination and simplification of decision-making procedures ( RO 1999 3071 ; FF 1998 2221 ).
5. Obligation to Transport 1
1 The company 2 Shall be obliged by contract to carry out transport for third parties within the limits of the technical possibilities and the requirements of sound exploitation, provided that the third party provides equitable remuneration.
2 In the event of a dispute, the Federal Office of Energy (Office) shall decide whether the undertaking must enter into a contract and the contractual conditions. 3
3 Civil courts are aware of civil law claims arising out of the contract. 4
1 New content according to the c. I 11 of the LF of 18 June 1999 on the coordination and simplification of the decision-making procedures, in force since 1 Er Jan 2000 ( RO 1999 3071 3124; FF 1998 2221 ).
2 New expression according to c. I 11 of the LF of 18 June 1999 on the coordination and simplification of the decision-making procedures, in force since 1 Er Jan 2000 ( RO 1999 3071 3124; FF 1998 2221 ). This amendment has been taken into account throughout this text.
3 New content according to the c. I 11 of the LF of 18 June 1999 on the coordination and simplification of the decision-making procedures, in force since 1 Er Jan 2000 ( RO 1999 3071 3124; FF 1998 2221 ).
4 New content according to the c. I 11 of the LF of 18 June 1999 on the coordination and simplification of the decision-making procedures, in force since 1 Er Jan 2000 ( RO 1999 3071 3124; FF 1998 2221 ).
1 Repealed by c. I 11 of the LF of 18 June 1999 on the coordination and simplification of decision-making procedures ( RO 1999 3071 ; FF 1998 2221 ).
1. Principle
1 The construction, maintenance and operation of a facility under s. 1, para. 2, are subject to the supervision of the Confederation.
2 The Federal Department of the Environment, Transport, Energy and Communication (Department) may extend this monitoring to the construction, maintenance and operation of other pipeline transport facilities if they Belong to the Confederation or to a federal institution. 1
1 New content according to the c. I 11 of the LF of 18 June 1999 on the coordination and simplification of the decision-making procedures, in force since 1 Er Jan 2000 ( RO 1999 3071 3124; FF 1998 2221 ).
2. Jurisdiction
1 The Office is the Supervisory Authority. It may appeal to the cantons and private umbrella associations for the exercise of such surveillance.
2 The department established a commission to study the safety issues of pipeline transport facilities.
1 New content according to the c. I 11 of the LF of 18 June 1999 on the coordination and simplification of the decision-making procedures, in force since 1 Er Jan 2000 ( RO 1999 3071 3124; FF 1998 2221 ).
3. Object
The Office shall adopt the necessary instructions for the protection of persons, matters and important rights. To this end, it may order that the installation be equipped with equipment adapted to the new technologies.
1 New content according to the c. I 11 of the LF of 18 June 1999 on the coordination and simplification of the decision-making procedures, in force since 1 Er Jan 2000 ( RO 1999 3071 3124; FF 1998 2221 ).
4. Control
1 Persons responsible for controlling the construction and operation of a facility must have free access to all parts of the facility at all times and be able to obtain all the information required.
2 The staff and equipment required to carry out these controls shall be made available free of charge.
5. Management report; statistical data
Pipeline companies must submit each year to the Office 1 The management report, together with the annual accounts and the balance sheet, and make available the statistical data it may need.
1 New expression according to c. I 11 of the LF of 18 June 1999 on the coordination and simplification of the decision-making procedures, in force since 1 Er Jan 2000 ( RO 1999 3071 3124; FF 1998 2221 ). This amendment has been taken into account throughout this text.
1. Standard procedure for approval of plans
A. Opening
The application for approval of the plans must be sent with the documents required by the Office. The latter verifies that the file is complete and, if necessary, complements it.
1 New content according to the c. I 11 of the LF of 18 June 1999 on the coordination and simplification of the decision-making procedures, in force since 1 Er Jan 2000 ( RO 1999 3071 3124; FF 1998 2221 ).
B. Pketing
1 Prior to the investigation of the application, the company shall mark the course of the conduct on the ground with a picketing.
2 Objections against picketing should be made without delay to the Office, but no later than the expiry of the time limit for the investigation.
1 Introduced by ch. I 11 of the LF of 18 June 1999 on the coordination and simplification of the decision-making procedures, in force since 1 Er Jan 2000 ( RO 1999 3071 3124; FF 1998 2221 ).
C. Consultation, publication and investigation
1 The Office shall forward the request to the cantons concerned and invite them to take a decision within three months. If the situation warrants it, it may exceptionally extend the time limit.
2 The application shall be published in the official bodies of the cantons and municipalities concerned and shall be investigated for 30 days.
3 The investigation instituted the expropriation ban as referred to in s. 42 to 44 LEx 2 .
1 Introduced by ch. I 11 of the LF of 18 June 1999 on the coordination and simplification of the decision-making procedures, in force since 1 Er Jan 2000 ( RO 1999 3071 3124; FF 1998 2221 ).
2 RS 711
D. Personal opinion
The undertaking must, at the latest when the application is being investigated, send a personal opinion informing them of the rights to be expropriated in accordance with Art. 31 LEx 2 .
1 New content according to the c. I 11 of the LF of 18 June 1999 on the coordination and simplification of the decision-making procedures, in force since 1 Er Jan 2000 ( RO 1999 3071 3124; FF 1998 2221 ).
2 RS 711
E. Opposition
1 Everyone who is a party under the Federal Act of 20 December 1968 on the administrative procedure 2 Or LEx 3 May object to the Office during the period of time for the investigation. Any person who has not objected shall be excluded from the proceedings.
2 All objections to expropriation and claims for compensation or compensation in kind must be filed within the same time limit. Objections and subsequent applications filed under s. 39 to 41 LEx should be addressed to the Office.
3 The communes assert their rights by way of opposition.
1 Introduced by ch. I 11 of the LF of 18 June 1999 on the coordination and simplification of the decision-making procedures, in force since 1 Er Jan 2000 ( RO 1999 3071 3124; FF 1998 2221 ).
2 RS 172.021
3 RS 711
F. Elimination of divergences within the federal government
The procedure for eliminating discrepancies within the federal government is governed by s. 62 B The Federal Act of 21 March 1997 on the organization of government and administration 2 .
1 Introduced by ch. I 11 of the LF of 18 June 1999 on the coordination and simplification of the decision-making procedures, in force since 1 Er Jan 2000 ( RO 1999 3071 3124; FF 1998 2221 ).
2 RS 172.010
2. Decision on approval of plans; duration of validity; recourse
1 When approving the plans, the Office shall also rule on objections to expropriation.
2 Approval of the plans lapses if the completion of the construction project did not begin within one year of the decision being made. If there are major reasons for this, the Office may extend the validity of the decision approving the plans accordingly.
1 New content according to the c. I 11 of the LF of 18 June 1999 on the coordination and simplification of the decision-making procedures, in force since 1 Er Jan 2000 ( RO 1999 3071 3124; FF 1998 2221 ).
2 Repealed by c. 78 of the annex to the Act of 17 June 2005 on the Federal Administrative Tribunal, with effect from 1 Er Jan 2007 (RS 173.32 ).
3. Simplified procedure for approval of plans
1 The simplified plan approval procedure applies to:
2 The simplified procedure applies to detailed plans drawn up on the basis of an already approved project.
3 The Office may order the picketing. The application is neither published nor investigated. The Office submits the project to the interested parties, who may object within 30 days, unless they have previously given their written consent. It may seek the views of the cantons and municipalities. It gives them a reasonable period of time to decide.
4 In addition, the ordinary procedure is applicable. In case of doubt, the latter is applied.
1 New content according to the c. I 11 of the LF of 18 June 1999 on the coordination and simplification of the decision-making procedures, in force since 1 Er Jan 2000 ( RO 1999 3071 3124; FF 1998 2221 ).
2 RO 2012 937
4. Begin Jobs 1
Construction work must not commence prior to final approval of the plans.
1 New content according to the c. I 11 of the LF of 18 June 1999 on the coordination and simplification of the decision-making procedures, in force since 1 Er Jan 2000 ( RO 1999 3071 3124; FF 1998 2221 ).
5. Estimated Procedure; Pre-Possession
1 After the closure of the approval procedure for the plans, an estimation procedure shall be opened, if necessary, before the Committee of Estimate, in accordance with the LEx 2 . Only the claims that have been filed are taken into consideration.
2 The Office shall transmit to the Chairman of the Committee of Estimation the approved plans, the plan of expropriation, the table of expropriated rights and the claims which have been filed.
3 The chairperson of the estimate commission may authorize the shipment in advance when the decision to approve the plans is binding. The expropriating property is presumed to be seriously prejudiced if it does not benefit from the early possession. In addition, s. 76 LEx is applicable.
1 New content according to the c. I 11 of the LF of 18 June 1999 on the coordination and simplification of the decision-making procedures, in force since 1 Er Jan 2000 ( RO 1999 3071 3124; FF 1998 2221 ).
2 RS 711
6. Protective measures during construction 1
1 The undertaking shall take the necessary measures to ensure the safety of the construction work, prevent the endangerments of persons, important things and rights and prevent the residents from being unwelcome in an unacceptable manner.
2 Where construction works involve public works, such as communication channels, pipes or other facilities, the undertaking shall ensure that they can continue to be used to the extent required by the public interest.
3 The economic use of land ownership will have to be ensured during construction.
1 New content according to the c. I 11 of the LF of 18 June 1999 on the coordination and simplification of the decision-making procedures, in force since 1 Er Jan 2000 ( RO 1999 3071 3124; FF 1998 2221 ).
7. Third Party Construction Projects
The establishment and modification of buildings or installations of third parties may only be authorized with the agreement of the Office if the construction or installation:
1 New content according to the c. I 11 of the LF of 18 June 1999 on the coordination and simplification of the decision-making procedures, in force since 1 Er Jan 2000 ( RO 1999 3071 3124; FF 1998 2221 ).
8. Fees 1
1 If a new pipeline installation affects communication channels, pipes or other works, or if new works of this type interfere with a pre-existing pipeline transport installation, the cost of All measures necessary to remove the infringement are, subject to conventions to the contrary, to the office of the person carrying out the new work.
2 The procedure laid down in Art. 57 and later of the LEx 2 Shall be open in the event of a dispute concerning the application of that provision.
1 New content according to the c. I 11 of the LF of 18 June 1999 on the coordination and simplification of the decision-making procedures, in force since 1 Er Jan 2000 ( RO 1999 3071 3124; FF 1998 2221 ).
2 RS 711
1. Authority to operate
1 The operation of a pipeline transport facility shall be subject to the authorisation of the Office.
2 Permission to operate shall be granted if:
1 New content according to the c. I 11 of the LF of 18 June 1999 on the coordination and simplification of the decision-making procedures, in force since 1 Er Jan 2000 ( RO 1999 3071 3124; FF 1998 2221 ).
2. Facilities Operation and Security
The facilities shall be maintained in a manner that is consistent with the safety requirements.
1 New content according to the c. I 11 of the LF of 18 June 1999 on the coordination and simplification of the decision-making procedures, in force since 1 Er Jan 2000 ( RO 1999 3071 3124; FF 1998 2221 ).
3. Installation Deterioration
1 As soon as an installation is no longer watertight, the company must immediately take all appropriate measures to prevent damage from occurring or spread and to remedy or prevent damage as soon as possible.
2 The Office and the alert service designated by the cantonal government must be notified without delay.
4. Suspending the operation
1 If it is subsequently found to be one of the conditions listed in s. 30, para. 2, is no longer fulfilled, the operation must be suspended and the Office informed of it.
2 The Office may order the suspension of the operation, in particular in the case of serious or repeated non-compliance with this Law, its implementing provisions, the decision to approve the plans or the instructions of the Office.
3 It shall consult the cantons concerned and the undertaking before rendering its decision.
1 Introduced by ch. I 11 of the LF of 18 June 1999 on the coordination and simplification of the decision-making procedures, in force since 1 Er Jan 2000 ( RO 1999 3071 3124; FF 1998 2221 ).
5. Dismantling the installation
To the extent that the public interest requires it, the company, when it ceases to operate the facility, must dismantle the facility at its own expense and restore the prior condition.
1 Introduced by ch. I 11 of the LF of 18 June 1999 on the coordination and simplification of the decision-making procedures, in force since 1 Er Jan 2000 ( RO 1999 3071 3124; FF 1998 2221 ).
6. Property
Except as otherwise provided, the installation shall belong to the undertaking holding the operating authorisation.
1 Introduced by ch. I 11 of the LF of 18 June 1999 on the coordination and simplification of the decision-making procedures, in force since 1 Er Jan 2000 ( RO 1999 3071 3124; FF 1998 2221 ).
1. Civil liability
A. Principle
1 Where the death of a person, an injury to health or material damage is caused by the operation of a transmission facility, by the defect or the defective handling of such an installation which is not in Operation, the company is liable for the damage. If the facility does not belong to the business, the owner replies solidarily.
2 The undertaking or owner shall be discharged from its civil liability if it proves that the damage has been caused by natural disasters of an exceptional nature, by facts of war or by a serious fault of the injured party, without any fault of its part or A person from whom he or she answers.
3 Liability for damage to the transported material shall be determined according to the code of obligations 1 .
B. Repair of damage, moral repair, etc.
The manner and extent of reparation, the allocation of compensation for moral reparation, multi-party liability and the use of liability are determined in accordance with the provisions of the Code of Obligations 1 Concerning unlawful acts.
2. Civil Liability Insurance
A. Principle
1 The undertaking must, in order to cover the insurable risks concerning its liability under s. 33 and 34, to obtain insurance from an insurance undertaking authorised to operate in Switzerland.
2 The insurance must cover the rights of the injured in each case of damage up to an amount of at least:
3 Where the public interest permits or requires, these amounts may be reduced or increased by the decision to approve the plans 1 .
4 The Office may waive all or part of the obligation to insure the person who provides equivalent security.
5 The Confederation and the cantons which operate pipeline transport facilities are not subject to the obligation to ensure.
1 New expression according to c. I 11 of the LF of 18 June 1999 on the coordination and simplification of the decision-making procedures, in force since 1 Er Jan 2000 ( RO 1999 3071 3124; FF 1998 2221 ). This amendment has been taken into account throughout this text.
B. Suspension and termination of insurance
If the insurance is suspended or ceases, the insurer shall inform the Office 1 The suspension and termination shall not have effect until thirty days after receipt of the notification of the insurer, unless the insurance has in the meantime been replaced by another.
1 New expression according to c. I 11 of the LF of 18 June 1999 on the coordination and simplification of the decision-making procedures, in force since 1 Er Jan 2000 ( RO 1999 3071 3124; FF 1998 2221 ).
C. Action against the insurer, exceptions, right of appeal
1 The injured party may bring a direct action against the insurer within the limit of the amount provided for in the insurance contract.
2 The exceptions arising from the insurance contract or the Federal Act of 2 April 1908 on the insurance contract 1 Cannot be opposed to the injured party.
3 The insurer has a right of appeal against the policyholder to the extent that he would have been entitled to refuse or reduce his benefits under the insurance contract or the Federal Law on the insurance contract.
D. Plurality of injured persons
1 If the claims of several injured parties exceed the guarantee provided for in the insurance contract, the claims of each of them in the place of the insurer shall be reduced proportionately to the extent of that guarantee.
2 The aggrieved party, as well as the defendant insurer, may apply to the court seised to impart to the other injured parties, indicating the consequences of an omission, a time limit for bringing their actions before that judge. The latter shall decide on the allocation between the injured parties of the indemnity due by insurance. In this allocation, the claims made within the time limits will be satisfied first, regardless of the other claims.
3 The insurer that paid in good faith to an injured party an amount greater than the amount due to it, because it did not know the existence of other claims, is released in respect of the other injured parties up to the amount paid.
3. Common provisions
A. Requirements
1 Actions for damages and compensation for moral damage relating to claims caused by a pipeline installation shall be prescribed for two years from the day on which the injured person was aware of the damage and the person held In any case, but in any case ten years from the day the disaster occurred. If the action derives from a punishable act subject to a longer period of criminal law, it is also valid in civil matters.
2 The interrupted prescription against the civilly responsible person is also against the insurer and vice versa.
3 The remedies available to persons who are civilly responsible for a disaster and the use of the insurer are prescribed by two years from the day on which the service was completely performed and the person in charge has been known.
4 For the rest, the code of obligations 1 Is applicable.
B. ...
1. Principle
Facilities that are not covered by s. 1, para. 2, and are not the subject of an exception under s. 1, para. 4, shall be subject, in addition to the provisions of this Chapter, to the provisions of this Law on Civil Liability and Insurance (chap. III), on penalties and administrative measures (chap. V), as well as the safety requirements of the Federal Council.
2. Authorization system
1 Construction and operation of facilities within the meaning of s. 41, unless they are subject to the supervision of the Confederation under s. 16, para. 2, are subject to the authorisation of the cantonal government or the service which it has appointed.
2 Authorisation may be refused or subject to restrictive conditions and charges only for the reasons set out in Art. 3, let. A to d. The conditions and charges for the enforcement of the rest of the legislation shall be reserved.
3. Monitoring and High Monitoring
Facilities subject to a Cantonal Authorization under s. 42 are subject to the supervision of the canton and to the high surveillance of the Confederation.
1. Damaging of transmission facilities by pipeline and disturbance in the operation
1 The person who, intentionally, has damaged a pipeline installation and will thereby, in particular by causing pollution or other damage to surface or ground water, knowingly endangers life or integrity Person or property of great value belonging to another person shall be punished by imprisonment or imprisonment.
2 The person who intentionally, obstructed, disturbed or endangered the operation of a public service transport facility shall be liable to imprisonment, unless para. 1 is not applicable.
3 The penalty will be imprisonment or a fine if the offender has acted negligently.
2. Offences under the Act
1. The person who has given inaccurate or incomplete information for the purpose of obtaining a decision to approve the plans, who, without being authorized to do so, will have commenced the construction of a pipeline transportation facility or The completion of a construction project under s. 28, or have prosecuted them, who shall have, without being authorized, undertaken or continued the operation of a pipeline transport installation, that which has not complied with the conditions or charges attached to a decision approving the plans Or an authorization or will not have fulfilled its obligation regarding the insurance or security rights to be provided, the one who, as soon as a pipeline installation is no longer watertight, will not immediately take the measures and notify the authorities Pursuant to s. 32, shall be, if he has acted intentionally and unless a more serious offence has been committed, shall be punished with judgments or the fine up to a maximum of 20 000 francs. Attempt and complicity are punishable.
If the conditions or unobserved charges have been laid down to safeguard the security of the country, the independence or neutrality of Switzerland or to prevent an economic dependence contrary to the general interest of the country, the penalty may be Imprisonment.
2. If the offender has acted negligently, the penalty will be a fine of not more than 10,000 francs.
The Federal Council may provide for the same penalties for infringements of the implementing provisions.
4. ... 1
2 A . Other criminal provisions
The special provisions of the Federal Act of 22 March 1974 on administrative criminal law 2 (art. 14 to 18) are applicable.
3. General provisions
1 General provisions of the Swiss Penal Code 2 Are applicable to offences under s. 44.
2 General provisions of the Federal Act of 22 March 1974 on administrative criminal law 3 (art. 2 to 13) are applicable to offences under s. 45 and 45 A .
3 A . Procedure and competence
1 The offences referred to in s. 44 are subject to federal jurisdiction.
2 In accordance with the procedure provided for in the Federal Act of 22 March 1974 on administrative criminal law 2 , the prosecution and adjudication of offences under s. 45 and 45 A Be the responsibility of the Office.
4. Administrative Measures
1 If the decision of the Office has not been acted upon within the time limit and in spite of a summons, the Office may execute it or cause it to be carried out at the expense of the person concerned, irrespective of the opening or result of a proceeding Criminal.
1 Repealed by c. I 11 of the LF of 18 June 1999 on the coordination and simplification of decision-making procedures ( RO 1999 3071 ; FF 1998 2221 ).
5. Personal Data Processing
1 The authorities responsible for the execution of this Law shall deal with the personal data necessary for its application, including the data relating to criminal and administrative proceedings and the penalties referred to in Art. 44 ff.
2 They may retain such data in an electronic file and shall exchange data necessary for the uniform application of this Law.
1 Introduced by ch. I 11 of the LF of 18 June 1999 on the coordination and simplification of the decision-making procedures, in force since 1 Er Jan 2000 ( RO 1999 3071 3124; FF 1998 2221 ).
Transitional law
A. Principle
1 On entry into force, this Law shall also apply, subject to s. 49 and 50, to transmission facilities by pipeline under construction or in operation.
2 An allowance is payable when a measure within the meaning of s. 49 or 50 is equivalent to an expropriation. The Federal Court shall rule on claims for compensation.
B. Facilities for the benefit of a Cantonal authorisation or concession
1 Rights acquired under a Cantonal authorization or concession will be recognized within the meaning of para. 2.
2 During the period of validity of the authorisation or the Cantonal Grant, but no later than fifty years from the date of entry into force of this Law, the undertaking shall be exempt from applying for a federal concession. It shall, within two years from the same date, adapt to the provisions of Art. 4. The rights and obligations of the enterprise arising out of an authorization or concession granted by the Township prior to the coming into force of this Act for the construction and operation of a pipeline transportation facility shall not May, under this Act, be amended to its detriment only for compelling reasons of public interest.
3 The cantons shall provide to the département within three months after the entry into force of this Law any useful documentation concerning the installations referred to in Art. 1, para. 2, which would have already been the subject of an authorisation or a concession on their part.
C. Facilities without authorization or Cantonal concession
1 An application for authorisation or grant, containing all the necessary indications, shall be submitted by the undertaking to the competent authority within three months of the entry into force of this Law, for the purposes of Facilities that are not subject to a Cantonal authorization or concession.
2 Until such time as a decision is made on the application, the construction or operation may continue, unless the authority competent to grant the authorisation or the concession takes a decision to the contrary.
3 The authorization or concession must be granted, unless there are compelling reasons of public interest.
2. Transitional provisions for the amendment of June 18, 1999
1 Concessions whose validity extends beyond the date of entry into force of the amendment of this Law shall not be renewed at maturity. The operation of the facilities will continue.
2 Requests for grants under consideration become moot.
3 Applications for approval of plans under review upon entry into force of this amendment shall be governed by the new Rules of Procedure.
4 Cases pending are governed by the former rules of procedure.
5 If the business is to restrict or stop, for a reason not attributable to it, the operation of a facility for which a grant was granted prior to the coming into force of this amendment, the Confederation shall pay the A fair compensation for the resulting damage.
1 Repealed by Art. 45 al. 2 of the Act of 8 October. 1971 on the protection of water [RO 1972 958]. New content according to the c. I 11 of the LF of 18 June 1999 on the coordination and simplification of the decision-making procedures, in force since 1 Er Jan 2000 (RO) 1999 3071 3124; FF 1998 2221 ).
3. Run
1 The Federal Council shall fix the date of entry into force of this Law.
2 It shall lay down the necessary implementing provisions, which shall indicate in particular: 1
3 The cantons shall determine, if necessary, the competent authorities for the performance of the tasks assigned to them and the procedure to be followed in this case.
1 New content according to the c. I 11 of the LF of 18 June 1999 on the coordination and simplification of the decision-making procedures, in force since 1 Er Jan 2000 ( RO 1999 3071 3124; FF 1998 2221 ).
2 New content according to the c. I 11 of the LF of 18 June 1999 on the coordination and simplification of the decision-making procedures, in force since 1 Er Jan 2000 ( RO 1999 3071 3124; FF 1998 2221 ).
3 New content according to the c. I 11 of the LF of 18 June 1999 on the coordination and simplification of the decision-making procedures, in force since 1 Er Jan 2000 ( RO 1999 3071 3124; FF 1998 2221 ).
Date of entry into force: 1 Er March 1964 9
1 Abbreviation introduced by c. I 11 of the LF of 18 June 1999 on the coordination and simplification of the decision-making procedures, in force since 1 Er Jan 2000 ( RO 1999 3071 3124; FF 1998 2221 ).
2 [RS 1 3; RO 1961 486, 1976 711). The provisions mentioned currently correspond to Art. 81, 91, 122 and 123 of the Constitution of 18 April 1999 (RS 101 ).
3 New content according to the c. 21 of the annex to the Law of 24 March 2000 on fors, in force since 1 Er Jan 2001 (RS 272 ).
4 FF 1962 II 788
5 Tit. Repealed by c. I 11 of the LF of 18 June 1999 on the coordination and simplification of decision-making procedures ( RO 1999 3071 ; FF 1998 2221 ).
6 Tit. Repealed by c. I 11 of the LF of 18 June 1999 on the coordination and simplification of decision-making procedures ( RO 1999 3071 ; FF 1998 2221 ).
7 Tit. Repealed by c. I 11 of the LF of 18 June 1999 on the coordination and simplification of decision-making procedures ( RO 1999 3071 ; FF 1998 2221 ).
8 From 1 Er Jan 2007, the penalties and limitation periods must be adjusted according to the art conversion key. 333 al. 2-6 of the Penal Code (RS 311.0 ), in the contents of the PMQ of Dec 13. 2002 ( RO 2006 3459 ).
9 ACF of February 25, 1964 (RO 1964 110)
