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RS 742.140 Federal Act of 21 June 2013 on the Railway Infrastructure Fund (Railway Infrastructure Fund Act, FIF)

Original Language Title: RS 742.140 Loi fédérale du 21 juin 2013 sur le fonds de financement de l’infrastructure ferroviaire (Loi sur le fonds d’infrastructure ferroviaire, LFIF)

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742.140

Federal Railway Infrastructure Funding Fund Act 1

(Railway Infrastructure Fund Act, FIF)

On 21 June 2013 (State 1 Er January 2016)

The Swiss Federal Assembly,

See art. 87 A The Constitution (Cst.) 2 , given the message of the Federal Council of 18 January 2012 3 ,

Stops:

Art. 1 Funds

1 The Rail Infrastructure Fund (Fund) is a legally-dependent fund of the Confederation and has its own accounting system.

2 The Finance Act of 7 October 2005 1 Is applicable in the alternative.


Art. 2 1 Fund Accounts

1 The fund's accounts include the results account, the balance sheet and the investment account.

2 The results account shall have at least:

A.
As income:
1.
Payments in the form of compulsory-duty income,
2.
Payments from federal finances in accordance with s. 87 A , al.2, let.d of the Constitution,
3.
Active interest on the loans;
B.
With respect to expenses:
1.
Levies for the purpose of exploitation,
2.
The passive interest of the fund's commitments,
3.
Asset depreciation.

3 The balance sheet includes all assets and liabilities as well as equity.

4 The investment account shall at least provide for the granting of loans and investments relating to the maintenance and development of the railway infrastructure and the related research mandates. Expenses that cannot be charged to the estate are not affected and are therefore covered by s. 2, paragraph b, c. 1.


1 New content according to the c. 4 of the annex to the LF of 19 June 2015 (Optimization of the new accounting model of the Confederation), in force since 1 Er Jan 2016 ( RO 2015 4009 ; FF 2014 9127 ).

Art. 3 Payments to the Fund

1 The Federal Council fixes the amounts for the fund.

2 Amounts defined in s. 87 A , para. 2, let. D, and 196, c. 3, para. 2, Cst. Are based on 2014 prices. They are adjusted according to the evolution of the real gross domestic product and follow the index of the increase in railway construction. The Federal Department of Finance regulates the modalities, in agreement with the Federal Department of Environment, Transport, Energy and Communication.

Art. 4 Fund Drawdown

1 The Federal Assembly adopts each year, together with the Federal Order concerning the annual budget, a simple federal decree fixing the amounts to be drawn from the fund. These levies are distributed on:

A.
Operation and maintenance;
B.
Development;
C.
Research mandates.

2 The requirements for the operation and maintenance of the railway infrastructure must be covered as a matter of priority.

3 If the implementation work is carried out more quickly than expected and the costs change according to the plans, the Federal Council may increase the budget appropriation for the current year by 15 %. In accordance with para. 1, let. B.

Art. 5 Limit for expenses

1 Every four years the Federal Assembly sets a ceiling on expenditure for levies which are arrested in accordance with Art. 4, para. 1, let. A.

2 The Federal Council reports to the Federal Assembly on the state of the facilities and the rate of use of the infrastructure as part of the expenditure ceiling approval message.

Art. 6 Commitment appropriations

Commitment appropriations for development stages are governed by Art. 58 of the Federal Act of 20 December 1957 on the railways 1 .


Art. 7 Debt, Reserve and Remuneration

1 The fund should not be leveraged more than up to the amount of advances paid.

2 It constitutes an appropriate reservation.

3 Assets are not remunerated.

Art. 8 Approval of Accounts and Financial Planning

1 The Federal Council submits the accounts of the Fund annually to the Federal Assembly for approval.

2 It establishes a three-year financial plan for the fund. He presented it to the Federal Assembly at the same time as the budget for the fund.

Art. Repeal of the law in force

The Order of the Federal Assembly of October 9, 1998, for the Settlement of the Fund for Major Railway Projects 1 Is repealed.


1 [ RO 1999 775 , 2005 2517, 2009 1169, 2010 5017]

Art. 10 Dissolution of the Major Railway Projects Fund

1 On the entry into force of the Federal Decree of 20 June 2013 on the financing and development of railway infrastructure 1 , the fund covers all assets and liabilities of the Fund for major railway projects.

2 The fund simultaneously replicates loans made to the flow of ordinary federal finances for investments in railway infrastructure.


Art. 11 Repayment of advances

1 From 1 Er January 2019, at the latest, the budget and financial planning of the fund must provide that at least 50 % of the payments to the fund under s. 87 A , para. 2, let. A, Cst. And all payments to the fund provided for in s. 196, c. 3, para. 2, Cst. Are used to pay and reimburse advances until full repayment is made.

2 Advances are paid at market rates. The Federal Finance Authority regulates the terms and conditions.


Date of entry into force: 1 Er January 2016 4


RO 2015 661


1 Annex to the PMQ of 21 June 2013 on the financing and development of railway infrastructure ( RO 2015 651 ).
2 RS 101
3 FF 2012 1371
4 ACF of 2 June 2014 ( FF 2014 3953 ).


State 1 Er January 2016