Key Benefits:
On 4 December 2015 (State 1 Er January 2016)
The Swiss Federal Council,
Having regard to art. 4, para. 2 to 5, 7, para. 4, 7 A , para. 2, and 11 of the Federal Law of 24 March 2000 on the Reduction of Railway Noise (LBCF) 1 , given art. 12, 16, para. 2, and 39, para. 1 and 1 Bis , of the Act of 7 October 1983 on the protection of the environment (LPE) 2 ,
Stops:
This order shall rule:
1 Except as otherwise provided in this Order, the Order of December 15, 1986, on Noise Protection (OPB) 1 Is applicable.
2 Changes in the operation or infrastructure of fixed railway facilities that do not result in the exceedance of eligible immissions determined in accordance with s. 37 A , para. 1, OPB is not deemed to be significant within the meaning of s. 8, para. 2 and 3, OPB.
1 The Federal Transport Office (OFT) shall maintain a cadastre of the emissions to verify that the admissible immissions laid down in accordance with Art. 37 A , para. 1, OPB 1 Are not exceeded.
2 For each section of the rail network, the cadastre of the emissions shall indicate:
3 Infrastructure managers periodically record emissions from actual operations and report data to the OFT.
4 The cadastre of broadcasts shall be public.
1 Effective 1 Er Jan 2020.
1 The cost-effectiveness of the complementary measures derives from the relationship between the costs of the measures and their usefulness to the population concerned by the exceedance of the immission limit values.
2 The calculation of costs, the determination of utility and the assessment of cost-effectiveness are set out in Annex 1.
1 The urgency of the additional measures stems in particular from the importance of exceeding the immission limit values and the number of people affected by this overshoot.
2 The OFT establishes the urgency, by section, of the implementation of the additional measures after having heard the Federal Office of the Environment (OFEV). To this end, it takes into account the evolution of emissions up to 2025.
1 Infrastructure managers monitor the roughness of the rails in their facilities. The OFT can compensate them for monitoring benefits by means of lump-sum contributions.
2 If the immission limit values are exceeded in densely populated areas, the infrastructure manager shall ensure the average roughness of the rails, which is calculated in accordance with Annex 2, starting at 1 Er January 2020.
3 The OFT can define higher requirements for the roughness of the rails.
1 Contributions to complementary measures are based on the costs of planning and implementing the complementary measures approved by the OFT as part of the approval of the plans.
2 Costs related to the maintenance and renewal of the remediated parts of the facility are the responsibility of the infrastructure manager.
3 The request for approval of the infrastructure manager's plans takes place as a request for a contribution under s. 11, para. 1, of the Act of 5 October 1990 on subsidies 1 The approval of the plans entered into force acts as a decision to grant the contribution. The amount of the contribution shall be determined on the basis of the construction project.
4 The OFT may set lump sum contributions.
1 The financial aid referred to in Art. 10 A , para. 1, LBCF is granted if it is attested that:
2 The amount of financial aid shall be defined in terms of the attenuation of noise and the contribution to innovation in rail freight traffic, particularly in the field of energy and safety. In 2016, financial aid does not exceed 70 % of the difference in relation to the investment costs of a conventional case. Within two years, it is gradually increased to 50 % of the cost difference. The OFEV defines the detailed criteria and rules the calculation of financial aid.
3 Companies in Switzerland can submit their applications for financial assistance to the OFEV until 31 December 2025.
4 The OFEV decides on the applications after hearing the OFT.
1 The Confederation may encourage or commission research and development projects for measures to limit emissions; these measures may be taken at the stage of development, testing, adaptation or approval.
2 The OFEV decides on the projects after hearing the OFT.
The OFT shall, in agreement with the Federal Finance Authority, determine the price index applicable to the commitment credit for the payment of contributions and financial assistance.
The OFT surveys the evolution of the noise emitted by the railways.
1 The OFT ensures that the public is informed of the phonic sanitation of the railways and the evolution of the noise emitted by the railways.
2 After agreement with the OFT, the railways shall ensure that the public is informed of the implementation of additional measures referred to in Art. 7 A LBCF.
The order of 14 November 2001 on the reduction of noise emitted by the railways 1 Is repealed.
1 [ RO 2001 2990 , 2005 1053]
Noise reduction measures approved at first instance before the entry into force of this order shall be governed by the former right.
1 This order shall enter into force on 1 Er January 2016, subject to para. 2.
2 Art. 4 comes into force on 1 Er January 2020.
3 This order has effect until December 31, 2028.
(art. 5, para. 2)
The cost-effectiveness of complementary noise abatement measures is assessed on a consistent basis across the network.
In calculating annual costs, account must be taken of the expected duration of use (depreciation), of financial costs (interest) distributed evenly over the duration of the reduction in noise and possible maintenance costs. The infrastructure manager presents the cost assumptions in its application for approval of the plans.
The usefulness of a complementary measure of noise reduction is calculated from the unweighted difference between the level of exposure measured with and without the measure, multiplied by the number of persons concerned.
2. The calculation of utility shall take into account only buildings whose authorisation to build has entered into force before 1 Er January 1985 and which are exposed to noise exceeding the limit value as well as plots which have been equipped before 1 Er January 1985. The utility is calculated by floor.
3. Noise-sensitive premises (art. 1, para. 2, OPB 1 ) Are, in principle, determined on the spot.
4. For the calculation, the number of persons exposed shall be determined on the premises and according to the use of the premises for noise-sensitive use:
1. The reference value for determining the cost-effectiveness of complementary measures is:
2. In the case of metal bridges, account must be taken, in particular, of the perceptibility and nuisance effect of the bridge's resonance.
(art. 7, para. 2)
The average roughness of the rails is calculated using the following formula:
4 dB ≤L ë, CA ≤10 dB
The roughness level L ë, CA Is calculated from the roughness spectrum R (ë), a correction spectrum (ë), a contact filter C (ë) and the weighted evaluation level A for acoustic pressure signals A Bew (f (ë, v)).
