This Order governs:

A.

The separation of transport and infrastructure and the demarcation between maintaining the quality of infrastructure and infrastructure development;

B.

The granting, modification, renewal, transfer and revocation of infrastructure concessions;

C.

Planning for maintaining the quality of infrastructure;

D.

Planning for infrastructure development;

E.

Financing of operations, maintenance of quality and infrastructure development;

F.

Financing of investments in cable transport facilities;

G.

The allocation of financial aid in the event of considerable damage caused by natural phenomena;

H.

Funding of research mandates.

¹ Infrastructure facilities and related funding are presented separately from other sectors in the balance sheet of infrastructure managers.

² The Federal Transportation Agency (OFT) may require infrastructure managers to separate investment funds for other liquidity infrastructure.

¹ The OFT may require infrastructure managers to subdivide their infrastructure sector into segments and nodes.

² Compensation for benefits other than network access and that are provided with infrastructure staff and facilities are considered to be ancillary products. They must at least cover the marginal costs. In addition, the compensation awarded for the use of works, installations, in particular land, and accommodation within the meaning of art is considered to be ancillary to the infrastructure. 34 and 35 LCdF.

³ If the requirements required by paras. 1 and 2 cannot be met otherwise, infrastructure managers must keep an account of operating costs and a benefit account. The Federal Department of the Environment, Transport, Energy and Communication (DETEC) regulates the way in which the accounts are held.

⁴ The OFT may exempt foreign infrastructure managers from the obligation to hold sector accounts if the non-covered costs of the sectors concerned are certified by another means.

Infrastructure managers not compensated under s. 49 LCdF are exempt from reporting infrastructure separately from other accounts and hold sector accounts.

¹ Investments in maintaining the quality of infrastructure are used to:

A.

Regular renewal;

B.

Compliance with legal requirements and critical standards;

C.

The maintenance of the network's capacity, the stability of the schedule and the efficient solutions for maintaining the quality of infrastructure;

D.

To control the evolution of demand without additional train-kilometres in the transport of passengers or goods;

E.

The adaptation of the power supply, information systems and communication devices to traffic requirements.

² Investments in development are used to:

A.

Increased capacity for additional train-kilometres in the transportation of passengers or goods;

B.

Reduction in transit time.

³ If the measures for the flow of persons in the stations listed in the Annex entail investments of more than 10 million francs, they are considered to be a development.

¹ The OFT manages infrastructure funding.

² The pilotage process includes:

A.

The planning of the benefits to be provided and the objectives to be coordinated, as well as the negotiation with the infrastructure managers or the third parties responsible for carrying out the measures (construction companies);

B.

Regular audit of the benefits provided and objectives achieved by infrastructure managers and construction companies (follow-up);

C.

Taking appropriate technical, financial or organizational measures where objectives may not be met;

D.

Where appropriate, the adaptation of the benefits to be provided, the agreed objectives or the modification of the financing agreement.

³ The OFT, on a case-by-case basis, sets timelines for the phases of the process and communicates them in advance to infrastructure managers, construction companies and other planning departments (art. 15, para. 2).

¹ Benefit agreements, network status reports and investment plans for infrastructure managers and construction companies are public.

² The OFT makes them accessible in an appropriate manner.

³ It may publish the files and documents referred to in s. 27 and 31.

¹ Requests for concessions are submitted to the OFT.

² Applications for the grant or extension of the grant must include:

A.

A summary report including the following indications:

1.

Name, seat and address of the applicant,

2.

Project description,

3.

Motivation of the application (objective, importance of the railway, existing offer, expected demand, choice of lines, type of railway, location of stations, etc.),

4.

Connection to the existing rail network and financing,

5.

Project implementation schedule,

6.

Organization of operation and maintenance,

7.

Coordination with other approval procedures,

8.

Security concept,

9.

Taking into account the needs of persons with reduced mobility;

B.

The following technical documents:

1.

A 1:25 000 topographic map with an indication of the layout and location of the stations,

2.

A 1:25 000 long profile with reference to stations and mileage,

3.

Data on track gauge and number, declivity, minimum radius, traction type and current system;

C.

Indications of the project's links with the sectoral plans and the views of the Confederation, the cantonal management plans and the allocation plans and the joint management plans, but also, where appropriate, with the projects Regional development;

D.

A report on the impact of the facility on the environment within the meaning of s. 7 to 11 of the order of 19 October 1988 on the study of environmental impact ¹ (1 ^Er Level);

E.

A calculation of profitability with the following:

1.

An investment plan,

2.

A financing plan and ad hoc evidence,

3.

A forecast results account.

³ For applications for renewal, amendment without extension, or transfer of the grant, the OFT shall determine on a case by case basis the documents to be submitted in support of the application.

⁴ The OFT indicates to the applicant how many copies of the application, including documents, must be submitted.

⁵ Where the documents attached to the application are incomplete or imprecise, the OFT shall set a time limit for completing them. If this time limit is not used, it shall not enter into the application.

¹ The OFT shall proceed to the hearing of the cantons, the transport undertakings holding a concession for the carriage of passengers and the infrastructure managers concerned.

² The cantons shall publish in an appropriate manner requests for grant or modification of concessions. They shall inform the OFT of the positions received from third parties.

³ In the case of new lines, the hearing period is three months. In other cases, it is one month.

Must be included in the concession:

A.

The name, seat and address of the infrastructure manager;

B.

The initial and final points of the infrastructure and the main nodes;

C.

The gauge gauge, if any, the rack system;

D.

The type 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 submission of plans, and start and end of work;

H.

The extent of the obligation to operate and the possible restrictions on transport and operating hours.

¹ The OFT maintains an electronic register of concessions. The latter is public.

² The register shall indicate the names, seats and addresses of the infrastructure managers and the content of the concessions.

¹ Infrastructure managers report to the OFT each year the statistics relating to their activity in the concessionaire. The OFT defines the content of statistics in a directive.

² The data on production and benefits and the financial values may be published by section or by concession, as part of the statistics on public transport.

³ The infrastructure managers shall ensure that the data on transport benefits provided by rail transport undertakings (persons-kilometres) are made available to the OFT on time and in a satisfactory quality. Tonne-kilometres) on the relevant section.

⁴ Holders referred to in s. 17 A , para. 2, LCdF may consult the data concerning them established by the railway undertakings.

¹ Infrastructure managers plan to maintain the quality of their infrastructure. In doing so, they take into account the planning principles set out in s. 15, para. 1, and consult the main contents of this planning with the OFT.

² The OFT shall inform infrastructure managers at least two years in advance of the framework conditions for the benefit agreements referred to in Art. 51 LCdF.

³ Infrastructure managers ensure alignment between infrastructure quality maintenance projects and the measures of the development stages referred to in s. 48 C LCdF.

¹ Prior to major investments in the maintenance of sections primarily intended for regional passenger transport, the OFT will burden the companies concerned to verify, with the assistance of the cantons and the planning regions Concerned, if other offers would be feasible with a better cost-benefit ratio.

² These include the following:

A.

Infrastructure costs and revenues;

B.

Transportation costs and revenues;

C.

The criteria under s. 31 A , para. 3, of the Law of 20 March 2009 on the carriage of passengers (LTV) ¹ ;

D.

The rate of use of lines at peak times;

E.

The effects on the quality of the passenger and freight service.

¹ The OFT sets out the planning principles, including the assessment criteria for each of the development phases referred to in s. 48 C LCdF. In so doing, it is based on the arrangements decided and deduced, on the basis of the national traffic models, an analysis of the needs for the planning stage concerned. It shall take into account, in particular, the requirements for spatial planning, environmental policy, mobilitary and financial policy and the conditions for the operation of rolling stock.

² It shall inform the cantons, the representatives of the freight transport sector and the railway undertakings of the planning principles, the manner of proceeding and the timetable.

¹ The cantons shall develop and prioritize the proposed regional passenger transport services in the planning regions referred to in Art. 48 D , para. 2, LCdF and they harmonize them with each other. They may decide on the schedules referred to in paras. 2 and 3.

² The OFT is developing the proposed freight transportation offer. To this end, it relies on representatives of the freight transport sector and takes account of the interests of the cantons concerned.

³ It is responsible for the provision of general passenger rail transport undertakings, or third parties, for the preparation of the draft offer for general traffic. Agents shall take into account the interests of the cantons concerned.

⁴ The OFT co-ordinates supply projects, adapts them if necessary and instructs railway undertakings to develop the required measures on infrastructure and on rolling stock. It assesses each of the measures, priorities and classes by degree of urgency.

⁵ It develops a global design for the transport of passengers and goods from selected measures in the first degree of urgency. The infrastructure measures thus combined form a planning stage.

The measures already decided, but not yet executed, are modifiable at a later development stage if the framework conditions have changed or if a new offer project proposes more advantageous traffic flow solutions Micro-and macroeconomic perspectives.

The report on the next stage of development includes:

A.

The overall design referred to in s. 16, para. 5, including a graphic presentation of the plan of use of the rail network at the time when the number of furrows is the highest of the day and of the week, with a complement of decisive information by section;

B.

Indications on the framework conditions for mobility, in particular demographic change scenarios, traffic forecasts and qualification and evaluation criteria;

C.

Indications on the development of general, regional and freight traffic;

D.

A list of infrastructure development measures indicating their costs and utility.

¹ The use of the rail network defined for a development phase is mandatory for infrastructure managers.

² The OFT may authorize a temporary derogation.

¹ The object of the financing is the construction, installations and equipment referred to in Art. 62, para. 1, LCdF and the vehicles necessary for the operation and maintenance of this infrastructure.

² Funding may also be provided for:

A.

Structures and facilities that are no longer required for the operation of the infrastructure, provided that their maintenance is in the public interest and cannot otherwise be funded;

B.

Mixed-use construction, facilities, equipment and vehicles of infrastructure managers, including agreed external financing costs.

¹ The financing of the operation and maintenance of the quality of infrastructure is governed by agreements on benefits as referred to in Art. 51 LCdF.

² Funding for development is governed by implementation agreements as referred to in s. 48 F LCdF. These agreements are valid until the projects are completed.

³ Resources are collected from the Rail Infrastructure Fund in accordance with the Railway Infrastructure Fund Act of June 21, 2013 ¹ Projects that have already begun have priority over new projects.

¹ The following are sections of capillary service that are excluded from federal benefits in accordance with s. 49 LCdF sections:

A.

The majority of which are the subject of tenders in accordance with Art. 3 or 7, para. 7, of the order of 11 November 2009 on compensation for regional passenger traffic ¹ ;

B.

Most of the stops are no more distant from each other more than 1.5 km and do not serve other locations.

² Sections of capillary service shall be determined on the grant of the concession or upon application by a canton prior to the conclusion of the benefit agreement.

¹ The key to the calculation of cantonal interests in the substantive matters referred to in Art. 57, para. 1, the LCdF is equal to the passenger-kilometres and the train-kilometres jointly ordered by the Confederation and the cantons in regional passenger transport.

² The OFT calculates the annual contributions for the next contribution year based on the planned data of the benefit agreements in accordance with s. 31 A N ¹ That were signed for the previous year. In doing so, it takes into account the provision of benefits on sections and sections benefiting from infrastructure contributions from the railway infrastructure fund. It communicates the result of the calculation for the next contribution year to the cantons at the end of February.

³ Once a quarter, the background is debited to the current account of the canton concerned at the Swiss National Bank.

¹ Infrastructure managers present to the OFT once a year their updated and concerted investment plan with rail transport companies. This plan contains information at least for the next five years.

² The investment plan shall contain all the projects planned for investments in infrastructure and development quality and their financing, including third-party financing.

³ Project costs must be certified for each group of normed facilities. The OFT may grant relief.

¹ At the end of each year, the portion of the investment funds referred to in s. 51 B And 58 A LCdF and which corresponds to actual depreciation, including direct depreciation, shall be accounted for in respect of the allowance. The residual funds are converted to December 31 in interest-free, conditionally repayable loans.

² The OFT requires the repayment of loans in the cases provided for in s. 51 B , para. 2, LCdF and s. 29 of the Act of 5 October 1990 on subsidies ¹ .

³ The OFT decides whether to renounce repayments of loans or their conversion to equity under the conditions set out in s. 51 B , para. 3, LCF. When the amounts exceed 10 million francs, it acts after agreement with the Federal Administration of Finance.

¹ In the agreements on remuneration paid in respect of the use of works, installations, in particular land and points of sale, and equipment (art. 34, para. 2, and 35 LCdF), transportation undertakings shall take into consideration the interests of the sponsors of the transportation benefits referred to in s. 28 TV ¹ .

² In particular, they agree on compensation which, in addition to the allocation of financial costs, provides for a calculated interest. The latter generally does not amount to more than five francs per square metre per year.

¹ Infrastructure managers submit a signed binding offer to the OFT, which corresponds to the financial and functional requirements.

² The offer includes the following documents:

A.

A qualitative and quantitative description of the provision of benefits taking into account the general requirements of infrastructure planning;

B.

Medium-term planning and investment plan;

C.

Proposed target values for benefit measurement indicators;

D.

Where applicable, justifications for deviations from previous plans and the last annual accounts;

E.

The annual report on the state of the previous year's network

F.

A summary of planned costs;

G.

Confirmation of compliance with financial and functional requirements.

³ The documents must be submitted in electronic form, interpretable by computer.

The agreement on benefits referred to in s. 51 LCdF contains:

A.

Description of the underlying assumptions;

B.

The prescribed objectives;

C.

A description of the benefits to be provided, including the investments to be made and their funding;

D.

The allocation of annual shares of the Confederation's operating allowances and investment contributions;

E.

Indicators and their target values to measure achievement of objectives;

F.

Reporting requirements (art. 31).

¹ If, during the period of validity of a benefit agreement, significant deviations outside the area of responsibility of the infrastructure manager are recognized in relation to the assumptions underlying the agreement, The contracting parties enter into negotiations in order to adapt the Convention.

² Deferrals between operating allowances and investment contributions in a benefit agreement are possible in the context of the Confederation budget process. If a reduction in the expenditure ceiling is decided in this context, the OFT shall verify in consultation with the infrastructure managers whether the benefit agreements remain enforceable.

³ Any amendment to the benefit agreement requires the written form.

The cantons or third parties may agree with a railway undertaking to anticipate a measure of the maintenance of the quality of the infrastructure if they provide a non-repayable contribution which covers the additional costs due to the anticipation. Principles referred to in s. 35, para. 2, shall apply mutatis mutandis.

¹ The OFT has the right to consult the infrastructure managers' documents and data concerning the Infrastructure sector.

² Infrastructure managers report regularly to the OFT on the objectives achieved, on the state of the network, on the solicitation and utilization of the infrastructure, as well as on the progress of investments and on the Cooperation of railway undertakings. The OFT rules the details of reporting.

³ The OFT may publish the reports.

⁴ If the services ordered are not provided as agreed, if the objectives are not met or if the time limits are not met, the OFT may order corrective measures or require the reimbursement of financial benefits.

⁵ If a project involves considerable risks, including geological hazards, the OFT may require a special report in accordance with s. 37, para. 1.

¹ The OFT plans, manages and monitors development funding.

² It prescribes delays in the implementation of development measures. To do so, it involves the companies concerned.

³ It shall inform the cantons of the state of development.

¹ After consulting with the Federal Department of Finance, the DETEC, with infrastructure managers or construction companies, enters into agreements for the implementation of railway infrastructure development in accordance with Art. 48 F LCdF. The planning and implementation phases are in principle settled in separate implementation agreements.

² Implementation agreements contain:

A.

Fundamental assumptions;

B.

The prescribed objectives in terms of functionality, cost, and operation;

C.

A description of the planning and implementation benefits;

D.

The prescribed time and cost of the benefit elements;

E.

Specific technical requirements;

F.

The organization of the project for implementation and collaboration with the OFT;

G.

Indications on the contributions of investments allocated by the Confederation, on the possible contributions of third parties and on the taking into account of the certified increase.

¹ If, during the period of validity of an implementation agreement, significant deviations are found in relation to the assumptions on which the agreement is based or in relation to the prescribed objectives, the Contracting Parties shall Negotiations to adapt the Convention.

² The OFT may agree, with the infrastructure managers or with construction companies, of minor deviations from the procedure to be followed, the organisation or technical regulations of the implementation agreement (Art. 33, para. 2, let. D to f).

³ Any amendment to the Implementation Agreement shall require the written form.

¹ If the cantons or third parties wish to finance additional or alternative measures, the OFT shall examine whether it is possible to incorporate these measures into the development plan or, as subordinate planning work (Art. 51, para. 2, LCdF), in planning for the maintenance of the quality of infrastructure.

² If it is possible to implement the measures, the OFT organises its financing in such a way that it does not result in any additional costs to the Confederation, either during construction or in the operational phase. In so doing, it applies the following principles:

A.

The additional costs or savings of the measures for the operation and maintenance of the quality of the infrastructure shall be calculated for a period of not more than 40 years from the start of the operation;

B.

The calculation takes the form of a dynamic calculation of profitability;

C.

Third-party contributions are made to lost funds.

³ Third-party contributions are paid directly to the infrastructure manager. If the contribution also covers subsequent costs, the infrastructure manager guarantees a consistent use of the contract over the entire period.

⁴ Investments avoided through measurement are accounted for if they have a functional, temporal, and spatial relationship with the measure.

⁵ The s. 1 to 4 shall apply mutatis mutandis to extraferroviary constructions of third parties which affect the railway infrastructure.

⁶ The OFT periodically publishes the prescribed values of the adjustment to the increase and the interest rate calculated on the basis of cyclical developments.

¹ The conventions on prior financing of agreed measures must respect the following principles:

A.

The Confederation reimburses the pre-financed costs; it is not liable for any interest on the pre-financed costs;

B.

Reimbursement of pre-funded costs takes place on the date originally planned for the implementation of the measure;

C.

Pre-funded measures should not interfere with other maintenance or development measures.

² The DETEC concludes, with the infrastructure managers involved or with the construction companies, agreements for the implementation of the pre-financed measures.

³ If the Federal Assembly has decided only the planning of a measure, pre-funding is limited to planning costs.

¹ The infrastructure manager or construction company periodically reports to the OFT a report on the accommodation. It reports on benefits, costs, finances, timelines and risks. The DETEC rules the reporting details.

² The OFT monitors the benefits provided under the implementation agreements.

³ It reports annually on the progress of development.

¹ Investments in cable transport facilities compensated by the Confederation and the cantons in accordance with Art. 28 to 31 C N ¹ May be subject to funding agreements. These agreements are valid until the completion of the project.

² Are considered investments in the infrastructure of cable transportation facilities within the meaning of s. 18 A , let. B, of the Act of 23 June 2006 on cable installations ² 50 % of total investment. Investment contributions are made to lost funds.

The financial aid referred to in Art. 59 LCdF may be granted where compensation for damages exceeds the financial resources of the infrastructure managers, in particular in the event that the repair would result in costs not covered in the annual accounts of more than 20 per cent of the Annual operating allowances or more than one million francs.

The contributions granted by the Confederation under other legislative acts and the benefits paid by public and private insurance are taken into account when determining financial assistance.

¹ Infrastructure managers submit to the OFT, within one year of the disaster, an application with supporting documentation.

² The OFT defines the amount of financial assistance on the basis of the documents submitted and the date of payment according to the available appropriations.

³ It ensures that the federal contribution is used in accordance with the requirements; it also reviews and approves the accounts. In the event of an emergency, it may grant advances.

¹ The OFT decides on requests for funding of research mandates. In so doing, it takes into account their usefulness for the conservation of the value and for the efficiency and safety of the railway infrastructure, as well as the delimitation of other incentive instruments.

² Planning work under s. 48 A At 48 E LCdF is not considered to be research.

³ The general principles of encouragement set out in s. 9 of the Federal Act of 14 December 2012 on the encouragement of research and innovation ¹ Are applicable.

The Order of 4 November 2009 on concessions and financing of railway infrastructure ¹ Is repealed.

¹ The operating funding agreements under which resources from the Fund for major railway projects are allocated remain in effect and are financed by the railway infrastructure fund from 1 ^Er January 2016.

² The 2013-2016 benefit agreements based on the LCdF remain in force. The contribution of the Confederation and the cantons concerned foreseen for 2016 is levied on the railway infrastructure fund.

³ The development projects mentioned in the benefit agreements 2013-2016 and which have not yet been completed on 31 December 2016 remain financed by the agreements on benefits in the planned scope and until the completion of the Jobs.

⁴ For the construction, installations, equipment and vehicles of infrastructure managers, the subsequent costs of external financing which have been the subject of an agreement concluded before 1 ^Er January 2016 remain indemnified under the old right.

This order shall enter into force on 1 ^Er January 2016.