Rs 742.120 Order Of 14 October 2015 On Concessions, Planning And Financing Of Railway Infrastructure (Ocpf)

Original Language Title: RS 742.120 Ordonnance du 14 octobre 2015 sur les concessions, la planification et le financement de l’infrastructure ferroviaire (OCPF)

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742.120 order on concessions, the planning and financing of the railway infrastructure (OCPF) of October 14, 2015 (Status January 1, 2016) the federal Council Swiss, view the art. 1, al. 3, 6 and 8, 57, al. 3, and 97 of the Federal Act of 20 December 1957 Railway (EBG), stop: Section 1 provisions general art. 1 purpose this order regulates: a. the separation of transport and infrastructure as well as the boundary between maintaining the quality of infrastructure and infrastructure development; b. the granting, modification, renewal, transfer and the revocation of infrastructure concessions; c. the maintaining of the quality of the infrastructure planning; d. management of infrastructure planning; e. financing the operation the maintenance of quality and development of infrastructure; f. funding of investments in transport to cable facilities; g. the allocation of financial assistance in the event of damage caused by natural phenomena; h. research mandates funding.

Art. 2 separation of transport and infrastructure: infrastructure facilities and funding are relative are presented separately from other sectors in the stock of infrastructure managers.
The federal Office of transport (FOT) may require the infrastructure managers to separate investment funds for the infrastructure of other liquidity.

Art. 3 separation of transport and infrastructure: accounts by sectors the OFT can require the infrastructure managers to subdivide their sector of infrastructure sections and nodes.
Compensation granted in respect of benefits other than access to the network and that are provided with the staff and facilities of infrastructure are considered as ancillary products. They should at least cover marginal costs. Are also considered ancillary infrastructure products awarded compensation in respect of the use of books, facilities, especially land, and facilities to the senses of the art. 34 and 35 EBG.
If the requirements in the al. 1 and 2 cannot be met otherwise, the infrastructure managers must take account of operating costs and an account of the benefits. The federal Department of the environment, transport, energy and communications (DETEC) stipulates the details of the accounts.
The OFT may exempt foreign infrastructure managers of the obligation to keep accounts by sectors if costs not covered of the concerned sections are attested by another way.

Art. 4 exception to the obligation to separate accounts infrastructure managers not compensated under art. 49 EBG are exempt from the obligation to present the balance sheet infrastructure separately from other accounts and accounts by sectors.

Art. 5 boundary between maintaining the quality of infrastructure and planning investments in maintaining the quality of infrastructure are used: a. regular renewal; b. to respect legal requirements and determining standards; c. conservation of capacity of the network, to the stability of the schedule and efficient solutions for the maintenance of the quality of the infrastructure; d. control the evolution of demand without train-kilometres additional passenger or goods; e. adaptation power, systems, information and communication requirements of traffic devices.

Investments in development are used: a. to increase the capacity to train-kilometres further in transportation of passengers or goods; b. to the reduction of the travel time.

If measures to the flow of people at the stations listed in annex result in investments of more than ten million francs, they are considered to be a development.

Art. 6 steering the OFT manages the financing of infrastructure.
The management process includes: a. to provide benefits and planning targets to consulting and negotiating with managers of infrastructure or with third-party charges measures (construction companies); b. the regular audit of services provided and the objectives achieved by the infrastructure managers and the (tracking) construction companies; c. technical measures financial or organizational appropriate when the objectives may not be achieved; d. where appropriate, the adaptation of the services to be provided, agreed objectives or the amendment of the financing agreement.

The OFT fixed on a case-by-case times of the phases of the process and communicate in advance of infrastructure managers, construction companies and other services responsible for planning (art. 15, al. 2).

Art. 7 public documents the service agreements, reports on the State of the network and the investment plans of construction companies and infrastructure managers are public.
The OFT makes them accessible in an appropriate manner.
It may publish the records and documents referred to in art. 27 and 31.

Section 2 Concessions art. 8 application applications for grant are subject to the OFT.
Extension of the concession or to grant applications must include: a. a synthesis report including the following: 1 name, seat and address of the applicant, 2. description of the project, 3. motivation of the request (goal, importance of the railroad, existing offer, expected demands, choice of lines, railway station locations, etc.), 4. connection to the rail network existing and financing are relative, 5. schedule of the project, 6. Organization of operation and maintenance, 7. coordination with other approval procedures, 8. concept of security, 9. taking into account the needs of persons with reduced mobility;

b. the following technical documents: 1. a topographic map 1:25 000 scale with indication of the route and location of stations, 2. a profile at the scale 1:25 000 with indication of the stations and mileage, 3 data on the gauge and their number, the gradients, the minimum radius, the kind of traction and the current system;

c. guidance on the project links with sector plans and designs of the Confederation, cantonal and assignment plans and municipal plans management plans, but also, where appropriate, with regional development projects; (d) a report on the impact of the installation on the environment within the meaning of art. 7 to 11 of 19 October 1988 Ordinance to the study of the impact on the environment (1 level); (e) a calculation of profitability with: 1 a plan of investment, 2 a financing plan and ad-hoc proof, 3. of a projected results account.

For renewal applications, change without extension, or transfer of the concession, the OFT determines on a case by case basis the documents to be submitted in support of the request.
The OFT indicates to the applicant how many copies of the application, documents correctly, he must turn over.
When the documents attached to the application are incomplete or inaccurate, the OFT sets a deadline to complete. If this period is not used, it is not material on demand.

SR 814.011 art. 9 hearing the OFT is the hearing of the cantons, licensed transport companies of a concession for passenger traffic and infrastructure managers concerned.
The cantons publish appropriately applications grant or modification of concessions. They inform the OFT of the views received from third parties.
When it comes to new lines, the hearing time is three months. In other cases, it is one month.

Art. 10 content must be included in the concession: a. the name, seat and address of the infrastructure manager; (b) the initial and end infrastructure as well as the main points nodes; c. the spacing of the path, if the system from the rack; d. the kind of traction and, in the case of electric traction, the current system; e. the duration of the concession; f. charges and conditions; g. for new lines deadlines for the submission of the plans as well as the beginning and the end of the work; h. the scope of the obligation to operate and possible restrictions on transport and operating hours.

Art. 11 registry of concessions the OFT is an electronic register of the concessions. It is public.
The register shows the names, the seats and addresses managers of infrastructure as well as the content of the concessions.

Art. 12 statistics infrastructure managers shall communicate each year to the OFT statistics related to their activity in the dealer area. The OFT sets the content of the statistics in a directive.
Data on production and services as well as financial stocks may be published by section or by concession, as part of the statistics on public transport.

The infrastructure managers shall make available to the OFT, on time and in a satisfactory quality, the data on the transport services provided by the companies of rail transport (people-kilometres, tonne-kilometres) on the concerned section.
The holders referred to in art. 17, art. 2, EBG can consult the data established by the railway companies.

Section 3 planning of maintaining the quality of infrastructure art. 13 maintaining the quality of the infrastructure the infrastructure managers plan the maintenance of the quality of their infrastructure. To do this, they take into account the principles of planning referred to in art. 15, al. 1, and discuss the main contents of this planning with the OFT.
The OFT shall inform the infrastructure managers at least two years in advance of the framework of the conventions of benefits referred to in art. 51 EBG.
The infrastructure managers ensure the harmonization between maintaining the quality of infrastructure projects and the measures of the stages of development referred to in art. 48 c EBG.

Art. 14 review of offers of spare prior to major investments in the maintenance of sections intended mainly for regional passenger transport, the OFT charge the companies concerned to check, with the assistance of the cantons and of the planning regions concerned, if other offers are feasible with a better cost-utility ratio.
Are particularly crucial: a. the costs and revenues of infrastructure; (b) the costs and revenues of transport; c. the criteria referred to in art. 31, art. 3, of the Act of March 20, 2009 on passenger (LTV); (d) the usage rate of the lines at peak hours; e. the effects on the quality of the service in transport of passengers and goods.

RS 745.1 Section 4 planning art. 15 principles of planning the OFT sets planning principles, including the assessment criteria for each of the stages of development referred to in art. 48 c EBG. In doing so, it is based on committed facilities and deducted, on the basis of the national traffic models, an analysis of the needs for the development stage concerned. He takes particular account of the prescriptions of the land use of environmental policy, mobility‐based and financial as well as rolling conditions of operation of the equipment.
It informs the cantons, representatives of the branch of the transport of goods and railway undertakings the principles of planning, how to proceed and schedule.

Art. The planning exercise 16 cantons develop and prioritize the projects of the regional passenger transport offer in the planning regions referred to in art. 48, al. 2, EBG and they harmonize them among themselves. They can pronounce on the schedules referred to in paras. 2 and 3.
The OFT is developing the proposed offer for the transport of goods. To do this, he appealed to representatives of the branch of the transport of goods and takes into account the interests of the cantons concerned.
It loads of passenger rail companies outline, or of third parties, to prepare the proposed offer for the traffic main lines. Agents must take into account the interests of the cantons concerned.
The OFT coordinates projects offer, adapt them if necessary and support rail companies to develop measures on infrastructure and equipment rolling stock. He evaluates each of the measures, prioritizes them and ranks them by the degrees of urgency.
It is developing an overall design for the transport of passengers and goods from measures selected in the first stage of emergency. Thus met infrastructural measures form a stage of development.

Art. 17 change of measures the measures already decided, but not yet executed, can be changed at a later stage of development if the framework conditions have changed or a new project to offer solutions of the traffic more advantageous points of view micro - and macroeconomic.

Art. 18 report on the next stage of development the report on the next stage of development shall include: a. the overall design referred to in art. 16, al. 5, including a graphical presentation of the plan for the use of the rail network at times where the number of furrows is the highest of the day and the week, with additional critical information by section; b. information on the framework of mobility, including the demographic scenarios, traffic forecasts and the qualification and evaluation criteria; c. guidance on the evolution of the traffic lines regional and goods; (d) a list of management of infrastructure measures indicating their costs and usefulness.

Art. Binding 19 of the use of the network defined the use of the rail network defined for a development stage is binding for the infrastructure managers.
The OFT may allow a temporary derogation.

Section 5 principles of finance art. 20 purpose of funding funding has for object the construction, installations and equipment referred to in art. 62, al. 1, EBG and vehicles required to operate and maintain this infrastructure.
Can also be the object of financing: agreed a. constructions and facilities that are no longer necessary to the operation of infrastructure, provided that retention is in the public interest and that they can not be financed; b. buildings, facilities, equipment and vehicles mixed-use of the infrastructure managers, including the costs of external financing.

Art. 21 financial instruments funding operating and maintaining the quality of infrastructure is governed by agreements on benefits as referred to in art. 51 EBG.
The funding is governed by agreements of implementation as referred to in art. 48F EBG. These agreements are valid until the completion of the projects.
Resources are levied on the rail infrastructure fund in accordance with the law of June 21, 2013 on the rail infrastructure fund. Projects already started have priority over new projects.

SR 742.140 art. 22 sections of hair service are considered as sections of hair service excluded from federal benefits in accordance with art. 49 EBG sections: a. who are mainly subject to offers in accordance with the art. 3 or 7, al. 7, order of 11 November 2009 on compensation for regional passenger traffic; b. including most of the stops are no more distant from each other more than 1.5 km and serve no other localities.

Sections of hair service are determined at the time of the granting of the concession or on request of a canton before the conclusion of the service agreement.

RS 745.16 art. 23 co-financing by the cantons the costing key cantonal investments to background updates referred to in art. 57, al. 1, EBG weights equal the passenger-kilometres and the train-kilometres ordered jointly by the Confederation and the cantons in regional passenger transport.
The OFT annually calculates the entries for the following contribution year based on planning data of the conventions of benefits in accordance with art. 31A LT(N) which were signed in the previous year. In so doing, it takes into account services on the sections and sections with contributions to infrastructure issues of the rail infrastructure fund. It communicates the result of the calculation for the contribution next year in the townships at the end of February.
Once a quarter, the down payment is credited to the debit of the current account of the canton concerned with the Swiss National Bank.

RS 745.1 art. 24 investment plan infrastructure managers attend the OFT once a year their investment plan updated and coordinated with the rail transport companies. This plan contains information at least for the next five years.
The investment plan contains all the projects planned for investments in maintaining the quality of infrastructure and development as well as their financing, including funding by third parties.
The costs of the project must be certified for each standard facilities group. The OFT can provide relief.

Art. 25 forms of financing at the end of each year, the part of funds set out in art. 51b and 58A EBG, which corresponds to actual depreciation, including direct write-downs, is accounted for as of compensation. The remaining funds are converted to December 31 in conditionally repayable loans interest free.
The OFT requires the repayment of loans in cases provided for by art. 51b, al. 2, EBG and by art. 29 of the Act of 5 October 1990 on subsidies.
The OFT decides to waive repayments of loans or their conversion into equity capital in accordance with art. 51b, al. 3, EBG. When the amounts in excess of ten million francs, it acts after agreement with the Federal Finance Administration.

RS 616.1 art. 26 agreements of cooperation between transport companies

In conventions on the remuneration for the use of works, - especially land and points of sale - facilities, and equipment (art. 34, para. 2, and 35 EBG), transport companies take into account the interests of the sponsors of the benefits of transport referred to in art. 28 LTV.
They agree in particular to compensation which, in addition to the allocation of financial costs, provide a calculated interest. The latter amounts to usually no more than five francs per square meter per year.

RS 745.1 Section 6 funding operating and maintaining the quality of infrastructure art. 27 offers infrastructure managers submit a duly signed binding offer, which corresponds to financial and functional requirements to the OFT.
Includes notably the following documents: a. a description, quality and quantity of supply of services taking into account the General requirements planning infrastructure; (b) medium-term planning and the investment plan; c. the target values proposed indicators for measuring benefits; (d) as appropriate, justification for deviations from previous schedules and the latest annual accounts; (e) the annual report on the State of the network of the previous year; f. a summary planned costs; (g) a confirmation of compliance with financial and functional requirements.

Documents must be provided in electronic form, interpretable by computer.

Art. 28 agreement on the benefits the convention on benefits referred to in art. 51 EBG contains: a. the description of basic assumptions; (b) the prescribed objectives; c. a description of the services to be provided, including investments and their financing d. allocation of shares annual allowances of exploitation and investment of federal contributions; e. indicators and their target for measuring the achievement of objectives; f. requirements for reporting (art. 31).

Art. 29. changes to agreement on benefits if, during the period of validity of a convention on benefits, important variations located outside the area of responsibility of the infrastructure manager, are identified from the assumptions on which the convention is based, the contracting parties enter into negotiations in order to adapt the convention.
Delays between operating benefits and investment within a convention on benefits contributions are possible under the budget process of the Confederation. If a reduction of the expenditure limit is decided in this context, the OFT checks in consultation with infrastructure managers if the service agreements remain executable.
Any modification of the agreement on benefits requires the written form.

Art. 30 financing of early measures of maintaining the quality of infrastructure the cantons or third parties may agree with a railway company to anticipate a measure for maintaining the quality of the infrastructure if they provide a non-repayable contribution covering additional costs due to anticipation. The principles referred to in art. 35, al. 2, shall apply by analogy.

Art. 31 reporting and verification of the achievement of the objectives the OFT has the right to consult documents and data of the infrastructure managers on the Infrastructure sector.
The infrastructure managers periodically to the OFT, submit a report on the objectives achieved, on the State of the network, on the solicitation and the rate of use of the infrastructure as well as on the progress of the investment and on the collaboration of rail transport companies. The OFT regulates the details of the reporting.
The OFT may publish reports.
If the services ordered are not provided as agreed, if the targets are not met or if the deadlines are not respected, the OFT can order corrective measures or demand repayment of financial benefits.
If a project has significant, including geological risks, the OFT may require a special report pursuant to art. 37, al. 1 section 7 funding planning art. 32 steering the OFT plans, manages and monitors the financing of development.
He prescribed delays in implementation of management measures. To do this, it means the companies concerned.
It informs the townships of the State of development.

Art. 33 conventions implementation after consultation with the federal Department of finance, DETEC concludes, with the infrastructure managers or construction companies, conventions of implementation of the development of the railway infrastructure in accordance with art. 48F EBG. The phases of planning and realization are in principle resolved in separate implementation agreements.
Implementation agreements contain: a. basic assumptions; b. the objectives prescribed in terms of functionality, cost and operation c. a description of the benefits of planning and realization; d. deadlines and the prescribed elements of benefits costs; e. specific technical requirements; f. the project organization for the implementation and collaboration with the OFT; g. indications on the contributions of investment allocated by the Confederation on any third party contributions and taking into account of inflation attested.

Art. 34 modification of the agreement of implementation if, during the period of validity of an implementation agreement, significant gaps are recognized from the assumptions on which the convention is based or the prescribed objectives, the contracting parties enter into negotiations in order to adapt the convention.
The OFT may be appropriate, with the infrastructure managers or companies of construction, minor deviations compared to the way forward, the organization or the technical regulations of the convention implementation (art. 33, para. 2, let. d to f).
Any changes to the implementation agreement requires the written form.

Art. 35 funding additional measures or substitution by third parties if the cantons or third parties want to finance additional or alternative measures, the OFT examines whether it is possible to incorporate these measures in the plan development or, as subordinate work (art. 51, para. 2, EBG), in maintaining the quality of infrastructure planning.
If it is possible to implement the measures, the OFT arranges financing in such a way that it does not additional costs to the Federal Government, nor during the construction or in the operating phase. In doing so, it applies the following principles: a. additional costs or savings measures for operation and maintenance of the quality of the infrastructure-driven are calculated for a period of 40 years from commissioning; b. the calculation takes the form of a calculation of dynamic profitability; c. third party contributions are paid in lost funds.

Third party contributions are paid directly to the infrastructure manager. If the contribution also covers follow-up costs, the infrastructure manager ensures a use in conformity with the contract over the entire period.
Investment prevented by the measure are counted if they have a functional, temporal and spatial link with the measure.
The al. 1 to 4 are applicable by analogy to extraferroviaires third party constructs that affect railway infrastructure.
The OFT publishes periodically the values required adaptation to inflation and rate of interest based on economic developments.

Art. 36 prior funding agreements on the prior financing of measures must comply with the following principles: a. the Federal Government reimburses costs pre-financed; She is beholden to no interest on pre-funded costs; b. the pre-funded costs takes place on the date originally scheduled for the implementation of the measure; c. pre-funded measures must not hinder other measures of maintenance or development.

DETEC concludes, with the involved infrastructure managers or construction companies, conventions of the pre-funded measures implementation.
If the Federal Assembly decided that the planning of a measured, prior funding is limited to the costs of planning.

Art. 37 reports and monitoring of landscaping the infrastructure manager or the construction company address periodically to the OFT report on facilities. He or she makes account of the benefits, costs, finance, time and risk. DETEC sets the details of the reporting.
The OFT monitors the services provided as part of the implementation conventions.
He prepares annually a report on the progress of the development.

Section 8 investments in facilities of transport to cable art. 38

Investment in transport to cable facilities compensated by the Confederation and the cantons in accordance with art. 28 to 31 c LTV can be subject to financing agreements. These agreements are valid until the completion of the project.
Are considered investments in the infrastructure of transport facilities to cables within the meaning of art. 18A, let. b, of the Act of 23 June 2006 on cableways 50% of overall investment. Investment contributions are paid in lost funds.

RS 745.1 RS 743.01 Section 9 damage due to natural phenomena art. 39 conditions financial assistance referred to in art. 59 EBG may be granted when repairing the damage exceeds the financial means of the infrastructure managers, including in the event that the repair would cost not covered in the annual accounts of more than 20 percent of annual allowances of operation, or more than a million francs.

Art. 40 imputation of other benefits contributions allocated by the Confederation under other legislation and benefits paid by public and private insurance are taken into account in the setting of financial assistance.

Art. 41 procedure infrastructure managers submit to the OFT, within a period of one year after the claim, an application including the requisite supporting documents.
The OFT sets the amount of the financial assistance on the basis of the documents submitted and the date of the payment appropriations available.
It ensures that the federal contribution will be used in accordance with the regulations; In addition, it reviews and approves accounts. In an emergency, he may grant advances.

Section 10 mandates of research art. 42. the OFT decides on applications for funding of research mandates. In doing so, it takes account of their usefulness for the conservation of the value and for the efficiency and safety of rail infrastructure as well as the delimitation compared to other instruments of encouragement.
The work of planning set out in art. 48a at 48th EBG are not considered to be research.
The General principles of encouragement in art. 9 of the Federal Act of 14 December 2012 on the encouragement of research and innovation are applicable.

RS 420.1 Section 11 provisions final art. 43 repeal of another act the order of November 4, 2009 on concessions and the financing of rail infrastructure is repealed.

[RO 2009 5981, 2013 1649]

Art. 44 transitional financing agreements running under which are allocated resources from the Fund for large-scale railway projects remain in effect and are funded by the Fund of rail infrastructure from 1 January 2016.
2013-2016 based on the EBG benefits conventions remain in force. The contribution of the Confederation and the cantons concerned planned for 2016 is levied on the rail infrastructure fund.
Development projects mentioned in the conventions on the 2013-2016 benefits and who are not yet completed 31 December 2016 remain funded by conventions on benefits within the planned scope and until the completion of the work.
For buildings, facilities, equipment and vehicles of infrastructure managers, subsequent external financing costs which have been the subject of an agreement entered into before January 1, 2016 are compensated according to the old law.

Art. 45 entry into force this order comes into force on January 1, 2016.

Annex (art. 5, para. 3) Aarau Thalwil Baden Thun Basel Bad. BF.

Uster Basel SBB Vevey Bellinzona Wädenswil Bern Wetzikon Biel/Bienne Wil Brig Winterthur Brugg AG Yverdon-les-Bains Bülach Zug Chur Zürich Altstetten Dietikon Zurich Enge Effretikon Zürich Flughafen Frauenfeld Zürich Hardbrücke Fribourg/Freiburg Zurich HB (routes 3 and 44) Geneva Zürich Oerlikon Geneva-Airport Zürich Stadelhofen Interlaken Ost Lausanne Lenzburg Liestal Lugano Luzern Montreux Morges Neuchâtel Nyon Olten Pfäffikon SZ Rapperswil Renens VD Schaffhausen Solothurn St. Gallen Stettbach