742.101.4 rules of procedure of the Arbitration Commission in the field of railway on March 15, 2013, approved by the federal Council on 14 June 2013 (status on 1 July 2013) the Arbitration Commission in the field of railways, saw art. 40, art. 3, of the law of December 20, 1957 on the railways (EBG), stop: Section 1 provisions general art. 1 purpose this regulation governs the Organization and functioning of the Arbitration Commission in the field of railways (RACO).
Art. 2 commission the RACÓ is composed of the president, vice-president and other members.
The vice-president is subbing in all presidential tasks.
Art. 3 seat the RACÓ is headquartered in Berne.
The seat is the place of duty of the Presidency and of the staff of the secretariat.
This is generally the place of meeting.
Art. 4 secretariat the secretariat includes: a. a manager; b. employees.
The president is responsible for the employment of the staff of the secretariat. The president shall consult the other members of the commission before appointing a new Manager. The president and the head of the secretariat shall appoint all staff of the secretariat.
The secretariat is attached administratively to the general secretariat of the federal Department of the environment, transport, energy and communications (DETEC).
Employment relationships are governed by the law of 24 March 2000 on the staff of the Confederation (FPL).
RS 172.220.1 Section 2 tasks and powers art. 5 tasks of the RACO the RACO adjudicates disputes regarding the granting of access to the network, the conventions of network access, the calculation of the royalty for the use of infrastructure and the auctions. Disputes may concern a network already concluded agreement or the conclusion of such a convention.
The RACO may include: a. officio an investigation when it suspects that network access is prevented or that it is granted in a discriminatory manner; b. monitor non-discriminatory access to the network, including the assignment of furrows; c. to issue an opinion on the reference documents of the network (statements) of the infrastructure managers; d. continue and try offences referred to in art. 89b EBG; e. monitoring of the rail market from the point of view of access to the network.
Art. 6 tasks of the president led the procedure.
He assumes non-judicial assignments of the RACO to independently and regularly informs the other members of the commission. He may assign a member of the commission the preparation and the record to the RACO a case.
He calls the RACO as needed.
It is required to call when requested by a member of the commission, provided that this request is reasoned.
He headed the commission administratively.
Art. 7 tasks of the secretariat the secretariat including fulfills the following tasks: a. assist the Presidency in the statement of the procedure; b. draft decisions and communications intended to be sent to the parties and to the authorities; c. take minutes; d. draft decisions intended for publication.
The secretariat manages the RACO documentation, provides the information of the members and assists them in their tasks.
Art. 8 information and consultation, call on experts the RACO may require managers of infrastructure, companies with access to the network and the third-party access to the network that they provide all the information it needs to perform its tasks and they give him access to relevant documents, including agreements for access to the network.
The RACO may appeal to experts in all proceedings.
Art. 9 collaboration with the federal Office of transport the RACO exchanges with the federal Office of transport (fot) of information on all the key facts for the accomplishment of its tasks.
She informs the OFT of its decisions.
The OFT informed the RACO of the permissions to access the network, security amenities and security certificates which have been the subject of a withdrawal. At the request of the RACO, it also informs the latter permits, approvals and certificates that it has issued.
The OFT calls the RACO to take a stand on the amendments it is expected to bring prices to the furrows.
Art. 10 international cooperation the president represents the RACO to foreign regulators and within international organizations. He may be assisted by other members of the RACO.
Art. 11 official secrecy the RACO members and the staff of the secretariat are held in secrecy on confidential information of which they have knowledge in the work they do for the RACO. Including confidential deliberations, the minutes and the working documents of the RACO.
The RACÓ serves as a superior authority to unlink secrecy when necessary in order to comply with the obligation to produce parts or the obligation to testify before another judicial authority (art. 320, no. 2, of the penal code).
RS 311.0 art. 12 public information the RACO sets out the principles of its information policy.
It is up to the president to inform the public. The president may delegate this task to the head of the secretariat for business or decisions that are not of interest.
The fundamental scope decisions are published.
Art. 13 The RACO report each year to the federal Council a report on its activity, its decisions and its objectives.
Art. 14 budget the RACO establishes its budget and submits it to the DETEC general secretariat.
Accounting of the RACÓ is held by the general secretariat of the DETEC.
Section 3 Procedures of action art. 15 principles the action in front of the RACO procedure is governed by arts. 7 to 43 of the Federal Act of 20 December 1968 on administrative procedure (PA) as well as by the provisions on the appeal procedure applicable by analogy to an action of trial procedure, including the art. 52, 56, 57, 60 and 63 to 71 PA.
Incidental intervention, the cumulation of actions, the consortage and the counterclaim are allowed. In these cases, the art. 15, 24, 26 and 31 of the Federal law of December 4, 1947 of federal civil procedure apply by analogy.
The memories and their annexes must be submitted in one copy for the RACO and a copy for each of the opposing parties.
RS 172.021 RS 273 art. 16 opening of the action procedure the Chairman opened the action procedure in writing confirming the receipt of the action.
If it does not consider any that the action is inadmissible, he prays the opposing parties to present their grievances.
Art. 17 composition of the commission to decide the RACO statue in the presence of all its members. She makes the presence of the Chairman and two other members on cases of secondary importance.
At the end of the appraisal process, the president decides if the RACO will rule on the action in the presence of all its members, or of himself and two other members only, that it designates.
Art. 18 statement the president establishes the facts and given the evidence. It may delegate this task to a member of the commission.
It can make interim decisions, including interim measures, and order including a new round of correspondence or debate.
He submits a written proposal on the settlement of the case to other members to participate in the decision.
Art. 19 lanes of traffic, debates and time as a general rule, the decision is made by correspondence if none of the members request the convening of a meeting.
If he considers it necessary, the Chairman may order a debate. It is not public.
The RACO statue within a period of two months from the end of the statement.
Art. 20 reference to names and signature the decision mentions the names of the members of the RACO and staff of the secretariat involved in the decision. The employee signs next to the President.
Outside of the action procedure decisions are signed by the Chairman and another Member of the RACO.
The other members of the RACO must be informed without delay of the decision.
Section 4 entry into force art. 21 this Regulation comes into force on July 1, 2013.
RO 2013 1911 RS 742.101 State on July 1, 2013