Key Benefits:
On 14 December 2012 (State 1 Er January 2015)
The purpose of this Act is to:
In this Act, the following means:
This Law shall apply to research bodies insofar as they use the means provided by the Confederation for their research and innovation activities.
Research bodies within the meaning of this Law shall be:
Non-profit research institutions located outside the field of high schools are institutions of private or public law which are not research bodies within the meaning of Art. 4, the purpose of which is to conduct research and meet the following conditions:
1 In planning the activities financed by the Confederation, the research bodies shall ensure that the following principles are observed:
2 In carrying out their tasks, the research bodies shall encourage:
3 In carrying out their tasks, the research bodies shall also take into account the following:
4 In the context of encouraging innovation, they also ensure that innovation contributes to competitiveness, value added and employment in Switzerland.
1 The Confederation encourages research and innovation in accordance with this Act and special laws as follows:
2 In order to establish Switzerland's position as a pole of research and innovation, the Confederation can support the creation of a Swiss innovation park.
3 The Federal Council may charge the ITC and the institutions responsible for encouraging research to carry out thematic incentive programmes.
4 It may entrust the institutions responsible for encouraging the search for tasks of international cooperation whose implementation requires their specific powers.
1 The Federal Council may enter into benefit agreements with research bodies outside the federal government and with other recipients of contributions within the meaning of this Act.
2 It may delegate this competence to the Federal Department of Economics, Training and Research (DEFR) or the competent administrative unit.
1 The institutions responsible for encouraging research take on tasks which it makes sense to carry out in a framework of scientific autonomy.
2 They encourage research activities that are not directly related to business goals.
3 They encourage research in accordance with their statutes and regulations. These must be approved by the Federal Council when they regulate tasks for which the means of Confederation are used.
4 The institutions responsible for encouraging research give particular weight to the encouragement of basic research.
5 They encourage research carried out by non-profit research institutions located outside the field of high schools under the following conditions:
1 The Swiss National Fund for Scientific Research (NSFF) is the body of the Confederation responsible for encouraging scientific research in all disciplines represented in research institutions in the field of high schools.
2 The NSFF uses the contributions allocated to it by the Confederation, in particular for the following purposes:
3 In the framework of the tasks and competences entrusted to it, the NSF determines the appropriate instruments and the form of encouragement. It primarily encourages:
4 As part of its incentive activities, the NSFF provides contributions to research institutions in the field of high schools and non-profit research institutions located outside the field of high schools in order to Offset indirect research costs ( Overhead ) That they incur. The Federal Council regulates the principles of calculation.
5 The NSFF shall participate in the procedures preceding decisions relating to national research programmes, national research poles and other research programmes entrusted to it.
6 It can use a share of the federal contribution to reserve creation to ensure the continuity of its encouragement of research. In the annual account, the total reserves must not exceed 10 % of the federal contribution paid for the year in question.
7 The State Secretariat for Training, Research and Innovation (SEFRI) periodically enters into a benefit agreement with the NSF, based on the Financial Orders of the Federal Assembly. The convention also specifies the additional tasks assigned to it by the Federal Council.
1 The Swiss Academies of Science is the Confederation's incentive to strengthen cooperation in all scientific disciplines and between them and to anchor science in society.
2 It uses federal contributions that are allocated to it for the following purposes:
3 The academies coordinate their incentive activities within the framework of the association and ensure, in particular, cooperation with research institutions in the field of high schools.
4 They shall encourage the cooperation of scientists and experts in scientific societies, committees and other appropriate forms of organisation, and shall use such cooperation in carrying out their tasks.
5 Academies support international scientific cooperation by encouraging or managing appropriate structures, including national coordination platforms and scientific secretariats of coordinated programmes on the plan And to which Switzerland participates.
6 They can support databases, documentation systems, scientific journals, editions or similar structures that constitute research infrastructures useful for the development of scientific fields in Switzerland and That do not fall within the jurisdiction of the NSFs or higher education institutions in the field of encouragement or are directly supported by the Confederation.
7 SEFRI periodically enters into a benefit agreement with the Swiss Academies of Science, based on the Financial Orders of the Federal Assembly. It may entrust the association and academies with the conduct of evaluations, the conduct of scientific projects, the operation of structures within the meaning of para. 6 and other special tasks in the context of their tasks under paras. 1 to 4.
1 The institutions responsible for encouraging research ensure that the research they support is carried out according to the rules of scientific integrity and good scientific practice.
2 In the event of a suspected violation of these rules, they may, within the framework of their incentive and control procedures, request information from the relevant Swiss or foreign institutions or persons and transmit such information. Information to such institutions or persons.
3 The institutions responsible for encouraging research provide for administrative sanctions in their regulations for breaches of scientific integrity and good scientific practice in relation to the acquisition or use of their Contributions. They may provide for one or more of the following sanctions:
4 The institutions responsible for encouraging research may carry the offences and penalties to the knowledge of the institution employing the data subject.
5 Offences within the meaning of s. 37 or 38 of the Act of 5 October 1990 on subsidies 1 Committed in the field of the encouragement of research are pursued by the SEFRI in accordance with the provisions of the Federal Act of 22 March 1974 on administrative criminal law 2 .
1 The institutions responsible for encouraging research shall set out their own procedure for the decisions on contributions. This procedure must meet the requirements of ss. 10 and 26 to 38 of the Federal Act of 20 December 1968 on the administrative procedure (PA) 1 .
2 In the case of a cross-border incentive procedure, art. 11 B PA applies to the notification of decisions to applicants abroad.
3 The applicant may lodge an appeal:
4 The names of the rapporteurs and scientific experts may be communicated only with their consent.
5 Moreover, the appeal procedure is governed by the general provisions of the federal procedure.
The activities of the Federal Government in the field of research or the promotion of research shall be governed by this Law; the provisions of special laws relating to the research of the administration shall be reserved.
1 The Federal Council may, within the limits of appropriations, allocate contributions to research institutions of national significance. It may link the federal contribution to conditions, including the reorganization or consolidation of research institutions.
2 The Federal Council may delegate the decision-making authority for contributions to DEFR. The rules of jurisdiction laid down by special laws are reserved.
3 Research institutions referred to in para. 1 may be legally independent institutions of the following categories:
4 To receive contributions, research institutions must meet the following conditions:
5 The amount of the federal contribution represents:
6 The Federal Council shall specify the calculation criteria referred to in para. 5. For centres of technological competence which are developing a new field of activity, it may provide for a specific, time-limited regime with regard to the decisive income derived from the means of research obtained by way of Competition.
7 The other research bodies, the Swiss Higher Schools Conference or the Council of EPF are consulted in advance when the support measures affect their tasks.
1 The research of administration is the research that the federal government initiates and needs to obtain the results necessary to carry out its duties.
2 The administration search can include the following:
3 The research institutions of the administration which, without being federal research institutions, must carry out, in addition to the measures referred to in para. 2, their own research projects to carry out their duties judiciously can also participate in competitions with national and international incentive organizations for the purpose of obtaining funds or participating by way of Competitions for programs of such organizations.
4 The research of the administration is subject to the principles set out in Art. 6, para. 1, let. A and c, 3 and 4.
5 Departments are responsible for research in their respective fields of activity.
6 Within the framework of the measures referred to in para. 2, let. B and c, the competent administrative units allocate contributions to offset the indirect costs of research ( Overhead ) Incurred. The Federal Council regulates the principles of calculation.
7 The funding provisions referred to in Section 8 do not apply to the research of the Authority.
1 The Confederation may, by regulation in special laws, fully or partially recover or create research institutions.
2 Federal research institutions must be removed when they no longer meet a need or when their tasks can be carried out, on a comparable quality, with greater efficiency by higher-quality research institutions. Schools.
3 The Federal Council ensures that federal research institutions are organized in a meaningful way.
4 It may delegate the decision-making powers referred to in para. 3 to the relevant department. The rules of jurisdiction laid down by special laws are reserved.
5 The other research bodies, the Swiss Higher Schools Conference or the EPF Council shall be consulted in advance when the measures referred to in paras. 1 and 2 are related to their tasks.
1 Confederation can encourage innovation projects.
2 It can also support:
3 The Confederation is laying the foundations for encouraging innovation.
4 It ensures the evaluation of its incentive activities.
1 The Confederation encourages innovation projects by providing contributions to research institutions in the field of high schools and non-profit research institutions located outside the high schools field.
2 Contributions are only granted if the following conditions are met:
3 The Confederation can encourage feasibility studies as well as the development of prototypes and pilot devices without a development partner if they are carried out by research institutions in the field of High schools or non-profit research institutions located outside the high schools area and their potential for innovation is important.
4 The Confederation may also provide instruments for participating in the costs of studies to assess whether enterprises' projects can be implemented effectively.
5 In particular, it encourages projects targeted at paras. 1 and 3 that contribute to the sustainable use of resources.
6 Projects encouraged must respect the principles of scientific integrity and good science. Sanctions and the obligation to inform within the meaning of s. 12, para. 2 to 4, apply to offences.
1 Confederation can support science-based entrepreneurship by taking the following measures:
2 Confederation can support the creation and development of enterprises whose activities are based on science by taking the following measures:
3 The Confederation can support the development of knowledge and the transfer of knowledge and technology, in particular by encouraging the exchange of information between high schools and businesses.
1 In order to encourage innovation, the Confederation establishes a decision-making committee entitled "Commission for Technology and Innovation (CTI)".
2 The CTI consists of representatives of the scientific and economic circles and, in justified cases, representatives of public institutions.
3 It is organised in areas with decision-making powers.
4 The Federal Council appoints the President of the SIC and the Presidents of the fields of encouragement, who form the Presidency.
5 The Federal Council appoints the other members on a proposal from the Presidency.
6 The ITC makes its decisions without instructions.
7 It is attached to the DEFR.
1 The ITC has a secretariat.
2 The Secretariat prepares the ITC records and implements its decisions. It deals directly with the parties concerned, third parties and the authorities.
3 The Federal Council appoints the Director of the Secretariat. The Chair of the ITC designates the executives. The Director shall designate the remainder of the staff.
4 Service reports are governed by the legislation applicable to the personnel of the Confederation.
5 Monitoring by the Secretariat is the responsibility of the President of the ITC.
1 The ITC has the following regulations:
2 The internal regulations and the settlement of contributions are subject to approval by the Federal Council.
1 The CTI is the body of the Confederation responsible for encouraging science-based innovation in all disciplines represented in research institutions in the field of high schools.
2 The ITC shall, within the framework of the objectives set by the Federal Assembly and the Federal Council and within the framework of the appropriations provided by the Federal Assembly, make decisions concerning:
4 The ITC takes action and decisions in the context of the international promotion of innovation within the meaning of s. 28, para. 2, let. C, insofar as the international agreements do not provide for other powers.
5 The ITC may cooperate with foreign incentive organizations to support Swiss research partners in cross-border innovation projects.
6 In its field of competence, it encourages information on national and international programmes and the filing of applications.
7 The ITA provides an annual activity report to the Federal Council. It may make recommendations to the administrative units that carry out activities in the field of encouraging innovation.
1 Not yet in force.
1 The Federal Council may link the granting of financial assistance to research institutions in the field of high schools with the following conditions:
2 Institutions shall take measures in particular in the following cases:
1 The Federal Council may link financial assistance to a high school research institution on the condition that it presents, for its research and innovation activities, a strategy for the development of knowledge And the transfer of knowledge and technology between high schools and businesses.
2 The Federal Council may also link the granting of financial assistance to a research institution in the field of high schools to one or more of the following conditions:
3 If an establishment does not take the measures provided for in para. 2, let. B, inventors may require reinvestment of intellectual property or ownership of rights.
1 The Confederation promotes Switzerland's international cooperation in research and innovation, in the interest of Switzerland's development as a pole of research and innovation and the development of high schools In the interest of the economy, society and the environment.
2 It can, within the framework of the higher objectives of Switzerland's international policy on research and innovation, encourage the following activities:
1 Within the limits of appropriations, the Federal Council may allocate contributions and take the following measures:
2 The Federal Council regulates the calculation of contributions and the procedure.
1 Introduced by c. I of the PMQ of 27. 2013, in effect since 1 Er March 2014 ( RO 2014 463 ; FF 2013 1759 ).
2 Introduced by c. I of the PMQ of 27. 2013, in effect since 1 Er March 2014 ( RO 2014 463 ; FF 2013 1759 ).
3 Formerly let. D.
4 Formerly let. E.
The Federal Council may instruct the NSFs to carry out, in the course of its tasks and technical skills, in particular the following tasks:
1 The Federal Council may conclude international agreements on international cooperation in the field of research and innovation.
2 Within the framework of these agreements, it may also regulate:
3 The relevant research bodies, the Swiss Higher Schools Conference or the EPF Council shall be consulted in advance when an agreement within the meaning of para. 1 touches on the tasks assigned to them.
1 The Confederation can support the creation of a Swiss innovation park if it meets the following conditions:
2 The Federal Assembly authorizes the support of the Confederation in favour of a Swiss innovation park by means of a simple federal decree.
1 The support of the Confederation in the Swiss Innovation Park can take the following forms:
2 Support may be granted under the following conditions:
3 The Swiss Innovation Park is built on several sites. The institutions responsible for the different sites may have different partnerships within the meaning of para. 2, let. B. The conditions set out in para. 2, let. C, apply to each of these institutions. In addition, the institutions responsible for the various sites must ensure sufficient networking of the sites.
1 The Federal Council enters into a contract of public law with the institution responsible for the purposes of s. 33, para. 2, let. B, on the basis of the Federal Order referred to in s. 32, para. 2.
2 This contract includes the following points:
1 The Federal Council submits to the Federal Assembly:
2 In its messages, the Federal Council proposes that the Federal Assembly adopt the necessary financial statements.
The Federal Assembly adopts the following simple federal orders opening the following spending ceilings and multi-year commitment appropriations:
1 The contributions allocated to the institutions responsible for encouraging research shall be paid out in accordance with the incentive plans submitted annually by the institutions and approved by the relevant Federal Services (Art. 48).
2 Contributions to research institutions of national importance (art. 15) shall be released in accordance with the relevant decisions and benefit agreements.
3 Paid federal contributions are paid in accordance with s. 23 of the Act of 5 October 1990 on subsidies 1 .
4 Federal contributions in the framework of international cooperation shall be paid and paid in accordance with the following acts:
1 The institutions responsible for encouraging research require the restoration of the resources allocated if they have been wrongly paid or if the beneficiary has not fulfilled his obligations despite a summons.
2 The right to return shall be prescribed by one year from the day on which the funder becomes aware of it and, in all cases, five years from the date of the birth of that right.
3 The institutions responsible for encouraging research affect the means returned to the tasks entrusted to them by the Confederation. They report on this assignment in their annual reports.
1 Where the results of research funded in whole or in part by the Confederation are commercially exploited, the institutions responsible for encouraging research may assert the following requirements:
2 The institutions responsible for encouraging research shall affect the means reimbursed and the contributions to the profits of the tasks entrusted to them by the Confederation. They report on this assignment in their annual reports.
1 Any research body shall be required to coordinate the research carried out under its responsibility or with its support.
2 Research bodies coordinate their activities by exchanging information at an early stage.
3 Institutions responsible for encouraging research, the ITC and the federal government, to the extent that it carries out research or innovation incentives, coordinate their activities by coordinating their incentive measures And by cooperating as part of their incentive activities. They take into account in their efforts to coordinate the requirements of education, research carried out without the aid of the Confederation, research carried out abroad and coordination within the meaning of the LEHE 1 .
1 The Federal Council ensures the coordinated, efficient and effective use of federal funds for research and innovation.
2 The Federal Council shall take the necessary measures where autonomous coordination is not sufficient to ensure cooperation between the research bodies. For this purpose, it may, in particular, entrust certain coordination tasks to existing committees or to ad hoc committees which it establishes.
3 It examines on a periodic or ad hoc basis:
4 The Federal Council shall also take the necessary measures to ensure consistency between the measures to encourage research and innovation deployed by the Confederation at international level, in particular with regard to the Particularly onerous research infrastructure, and the following activities:
5 The Federal Council coordinates the planning and execution of national incentive projects in the field of research and innovation which cannot be carried out in the context of the ordinary tasks of encouraging institutions To encourage research and CTI due to their organizational and financial dimensions.
6 The Federal Council ensures that research bodies, the Swiss High School Conference and the Council of EPF are involved in planning. Proposals to the Federal Assembly for incentives within the meaning of para. 5 are prepared in agreement with the Swiss High School Conference, including the financing and implementation modalities.
1 The Federal Council establishes an interdepartmental committee for the coordination of administrative research.
2 It defines the procedure for the appointment of the members of the Committee.
3 The Committee has the following tasks:
4 The Federal Council may delegate to the Committee other tasks in the field of administration research.
The elements of research and innovation policy planning are as follows:
1 DEFR mandates national or international committees of experts to periodically review the Swiss policy of encouraging research and innovation or its elements.
2 He asked the Swiss Science and Innovation Council to put the results of the expertise into perspective.
3 It may, on a case-by-case basis, entrust the Swiss Science and Innovation Council with examinations within the meaning of para. 1 or to ensure their coordination.
4 The Federal Council defines the strategic direction of the policy on the promotion of research and innovation of the Confederation on the basis of the expertise referred to in para. 1. To this end, it consults the Swiss High Schools Conference, the Council of EPF, the ETF, the CTI and, if necessary, other relevant research bodies.
5 The Federal Council adapts the direction of the incentive policy to the circumstances.
6 He submits periodically to the Federal Assembly, with the message FRI, a report on the results of the expert opinions within the meaning of para. 1 and its policy strategy for the promotion of research and innovation.
1 In their multi-annual programmes, research bodies provide information on their research and innovation policy, as well as on their medium-term priorities.
2 The multiannual programmes shall underpin coordination and cooperation between research bodies and contain the information necessary for the preparation of the FRI messages and for the financial planning of the Confederation. They also serve as the basis for periodic benefit agreements between the Confederation and the institutions responsible for encouraging research.
3 Multi-year administration research programs take the form of multi-sector research management plans. The federal government describes the thematic strengths of its own research. In this regard, it takes into account, inter alia, the research centres of the high schools, the incentive programmes led by the FNS on the mandate of the Confederation and the activities of the CTI.
1 The following organizations are required to establish multi-year programs:
2 High schools receiving contributions under LEHE Chapter 8 1 Provide the necessary information on their research in the context of the procedure laid down by the LEHE. 2
3 The two EPF and EFA research institutions provide the necessary information on their research in the context of the procedure laid down in the Act of 4 October 1991 on FIEs 3 .
1 The Federal Council shall determine the formal requirements to be met by the multiannual programmes.
2 Multi-annual programmes shall be submitted:
3 The Federal Council may require a redesign of multi-year programs if they are not harmonized or if requests for credits exceed the resources likely to be available.
4 The Federal Council submits a report to the Federal Assembly on the multiannual programmes in the framework of the FRI message.
1 Institutions responsible for encouraging research establish an annual incentive plan. They submit it to DEFR for approval.
2 DEFR may delegate its approval authority to the competent administrative unit.
3 The federal government indicates in the statement of reasons for the budget how it intends to use the appropriations to carry out its research tasks.
1 Institutions responsible for encouraging research, the ITC and the federal government shall inform the public of their incentive activities in an appropriate form.
2 To this end, they maintain publicly available information systems on the projects they support in the field of research and innovation.
Institutions responsible for encouraging research, the CTI and the federal government ensure that research results are available to the public within the statutory framework.
1 The institutions responsible for encouraging research and ITC are provided with an appropriate quality assurance system for the decision-making processes and the delivery of the programs they support.
2 In addition, they regularly monitor the adequacy of the instruments and the form of encouragement in the context of the tasks and competences entrusted to them.
3 Quality assurance in the field of administration research follows the guidelines laid down by the Inter-Departmental Committee for the Coordination of Administrative Research. The rules laid down in the special laws are reserved.
1 Institutions responsible for encouraging research and the federal government, to the extent that it conducts research or encourages it, periodically report on their activities and the implementation of the multi-annual programmes in the Council Federal department or department.
2 The competent department shall rule on the form, scope and maturity of the reports, if any, within the framework of the benefit agreement with the institution concerned.
3 The Federal Council regularly reports to the Federal Assembly in the framework of the FRI message.
1 The Federal Council shall order the statistical statements required for the implementation of this Law.
2 It has previously consulted the relevant research bodies, as well as the Swiss High School Conference where these statements concern recipients of contributions within the meaning of the LEHE 1 Or the Council of EPF when they concern recipients of contributions within the meaning of the Act of 4 October 1991 on FIEs 2 .
3 The Federal Council provides information on the research and innovation projects of the federal government and the FIF field, to the extent that this activity falls within the scope of s. 50.
4 SEFRI manages a database of administration research projects.
1 The Swiss Council for Science and Innovation (CSSI) is an extra-parliamentary committee within the meaning of Art. 57 A , para. 1, of the Act of 21 March 1997 on the organization of government and administration 1 It advises the Federal Council on its own initiative or on the mandate of the government or the DEFR on all matters falling within the scope of the research and innovation policy.
2 Within the mandate of the government or the DEFR, the CSSI carries out the following tasks:
1 The Federal Council appoints the members of the CSSI and appoints the President.
2 The CSSI consists of ten to fifteen members. The latter have recognized interdisciplinary expertise in science, vocational training and innovation.
3 The CSSI provides an organizational and management regulation. These regulations are subject to approval by the Federal Council.
The Federal Council shall issue the implementing provisions.
1 The Act of 7 October 1983 on the encouragement of research and innovation 1 Is repealed, subject to para. 2.
2 Art. 5, let. B, c. 2 and 3, 6, para. 1, let. B and c, and 24, para. 2, of the Act of 7 October 1983 on research and innovation shall have effect until the entry into force of the LEHE 2 .
3 The LEHE is amended as follows:
... 3
1 [RO 1984 28, 1992 1027 art. 19, 1993 901 Annex c. 4 2080 Annex c. 9, 1996 99, 2000 1858, 2003 4265, 2004 4261, 2006 2197 Annex c. 39, 2008 433, 2010 651, 2011 4497 hp. I 1, 2012 3655 hp. I 13, 2013 2639]
2 RS 414.20 ; effective from 1 Er Jan 2015
3 The mod. Can be viewed at RO 2013 4425 .
1 This Law shall be subject to the referendum.
2 The Federal Council shall fix the date of entry into force.
3 It shall implement the following provisions at the same time as the LEHE 1 :
Art. 8, para. 5
5 The Swiss National Fund may, as part of its incentive activities, allocate funds to the university research bodies and other funded research institutions to offset indirect research costs ( Ove R Head ) Incurred.
Art. 16b, para. 4
4 Art. 8, para. 5, and 11 A , para. 1 and 2 shall apply mutatis mutandis.
1 RS 101
2 FF 2011 8089
3 ACF of Nov. 29, 2013
4 RO 2008 433 , 2010 651