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RS 725.13 Federal Act of 6 October 2006 on the Infrastructure Fund for agglomeration traffic, the network of national roads as well as for main roads in mountain regions and outlying regions (Law on the fund of in-law)

Original Language Title: RS 725.13 Loi fédérale du 6 octobre 2006 sur le fonds d’infrastructure pour le trafic d’agglomération, le réseau des routes nationales de même que pour les routes principales dans les régions de montagne et les régions périphériques (Loi sur le fonds d’in

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725.13

Federal Act

On the infrastructure fund for agglomeration traffic, the network of national roads and main roads in mountain regions and outlying regions

(Infrastructure Fund Act, LFInfr)

6 October 2006 (State 1 Er January 2016)

The Swiss Federal Assembly,

Having regard to art. 86, para. 3, and 173, para. 2 of the Constitution (Cst.) 1 , having regard to the Federal Council message of 2 December 2005 2 ,

Stops:

Art. 1 Funds

1 The infrastructure fund for agglomeration traffic, the network of national roads and main roads in mountain regions and outlying regions is a legally-dependent fund of the Confederation. It has its own accounts.

2 It is used to fund:

A.
Completion of the national road network in accordance with Art. 197, c. 3, Cst.
B.
Elimination of bottlenecks in the national road network;
C.
Contributions to measures to improve transport infrastructure in towns and cities;
D.
Contributions to maintain the quality of the main roads in mountain regions and outlying regions.
Art. 2 Feeding

1 The infrastructure fund is funded:

A.
By a first payment of 2.6 billion francs from the state of special financing of road traffic, as of the date of entry into force of this Law;
B. 1
By a single payment in 2011 of 850 million francs from the state of special funding for road traffic;
C. 2
Each year by a portion of the net proceeds provided for in s. 86, para. 3, Cst. And allocated by the Federal Assembly in the budget;
D. 3
By the proceeds of the penalty provided for in s. 13 of the Law of 23 December 2011 on CO 2 4 .

2 Payments provided for in para. 1, let. A and b shall be exclusively for the purpose of financing the tasks provided for in Art. 1, para. 2, let. A, b and d. Annual payments under para. 1, let. C, are intended for the financing of the tasks provided for in Art. 1, para. 2, let. C. 5

3 Payments to the infrastructure fund are defined in such a way that the tasks financed by the fund and other tasks under s. 86, para. 3, Cst. Have sufficient means.


1 New content according to the c. I of the PMQ of 1 Er Oct. 2010, effective from 1 Er Jul. 2011 ( RO 2011 1753 ; FF 2010 3099 3111).
2 Introduced by c. I of the PMQ of 1 Er Oct. 2010, effective from 1 Er Jul. 2011 ( RO 2011 1753 ; FF 2010 3099 3111).
3 Introduced by Art. 47 of the LF of 23 Dec. 2011 on the reduction of CO emissions 2 , effective from 1 Er Jan 2013 ( RO 2012 6989 ; FF 2009 6723 , 2010 885).
4 RS 641.71
5 New content according to the c. I of the PMQ of 1 Er Oct. 2010, effective from 1 Er Jul. 2011 ( RO 2011 1753 ; FF 2010 3099 3111).

Art. 3 1 General Credit

At the same time as the adoption of this Law, the Federal Assembly shall adopt an overall appropriation and shall allocate it to the tasks set out in Art. 1, para. 2.


Art. 4 Using the means

1 The resources of the infrastructure fund are designed to ensure the efficient and environmentally sound flow of travel required by a competitive society and economy.

2 The use of means is based on a comprehensive vision of transport, which:

A.
Integrates all modes and means of transport, their advantages and disadvantages;
B.
Gives priority to effective alternatives rather than to new infrastructure;
C.
Takes into account the long-term financing and financial situation of public authorities;
D.
Includes coordination with the development of urbanization and environmental protection;
E.
Aims at taking appropriate account of different parts of the country.
Art. 5 Completion of the national road network

1 The national road network is to be completed by 2015. The Federal Council may extend this period in duly substantiated cases.

2 The Federal Assembly shall allocate the necessary means for the completion of the network of national roads for the entry into force of this Law.

Art. 6 Elimination of bottlenecks in the national road network

1 Bottlenecks within the meaning of this Law shall be the sections of the existing network of national roads on which overloads in a sustainable manner limit the operating capacity of the entire network.

2 The Federal Council shall submit to the Federal Assembly a programme for the elimination of bottlenecks in the network of national roads no later than two years after the entry into force of this Law.

3 It reports to the Federal Assembly, in general every four years, on the state of implementation of this programme and proposes that it allocate the necessary resources for the following period.

Art. 7 Agglomeration

1 The Federal Assembly shall designate the projects of agglomeration traffic which are urgent and ready to be carried out; it shall allocate the means necessary for their financing for the entry into force of this Law. The right to these funds is extinguished if the implementation phase of the project did not start at the end of 2008.

2 In addition, the aid granted to agglomeration traffic is governed by Art. 17 A To 17 D Federal Act of March 22, 1985 concerning the use of tax on duty-based mineral oils 1 .

3 No later than two years after the entry into force of this Law, the Federal Council shall submit to the Federal Assembly a programme for the co-financing of agglomeration projects.

4 It reports to the Federal Assembly, in general every four years, on the state of implementation of this programme and proposes that it allocate the necessary resources for the following period.

5 Contributions for road and rail infrastructure and for soft mobility shall be made, provided that they are located in a city or in a built-up area and contribute to the facilitation of traffic In such spaces.

6 Investments in railway infrastructure for agglomeration traffic are, in principle, financed by the instruments provided for in the railway legislation. Contributions under this Law shall, however, be permitted provided that they generate added value for a city or an agglomeration and that they specifically allow for congestion of the road.

7 Where the use of specific rolling stock makes it possible to achieve significant infrastructure savings, contributions may also be used to cover the additional costs of such equipment.


Art. 8 Main roads in mountain regions and outlying regions

1 The Confederation benefits for the main roads in mountain regions and peripheral regions are paid in the form of lump sums. These are calculated based on the length of the roads.

2 The Federal Council appoints the beneficiary cantons.

Art. Debt and Interest

1 The fund must not get into debt.

2 There is no interest in the claims to the Confederation. 1


1 New content according to the c. 4 of the Annex to the LF of 18 June 2010, in force since 1 Er Jan 2011 ( RO 2010 5003 ; FF 2009 6525 ).

Art. 10 Sampling procedure

The Federal Assembly shall decide each year in the budget the budgetary appropriations for the financing of the tasks provided for in Art. 1, para. 2, in the form of a separate federal order.

Art. 11 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.
In respect of income, payments within the meaning of s. 2;
B.
As expenses:
1.
Funding of tasks under s. 1, para. 2, provided that they do not fall under para. 4 in their capacity as expenditures that can be made to the asset,
2.
The re-evaluation of national roads under construction and loans for railway projects in the context of agglomeration traffic.

3 The balance sheet presents:

A.
To the asset: moving assets and capitalized assets;
B.
Liabilities: foreign funds and equity.

4 At least the investment account shall:

A.
National roads under construction within the meaning of s. 1, para. 2, let. A and b;
B.
The granting of loans for railway projects in the context of agglomeration traffic.

1 New content according to the c. 3 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. 12 Adoption of financial accounts and planning

1 The Federal Council submits the Fund's accounts annually to the Federal Assembly, which approves them with a simple federal order.

2 It establishes financial planning and submits it to the Federal Assembly with the budget.

Art. 13 Dissolution of the Fund

The Federal Council shall dissolve the Fund as soon as the network of national roads and the programmes provided for in Art. 6 and 7 are completed, but no later than 20 years after the coming into force of this Act. It may extend this period by no more than five years. The balance of the fund is earmarked for special financing of road traffic.

Art. 14 Measures in favour of mountain regions and outlying regions beyond the framework of the infrastructure fund

1 The additional resources available to the cantons after the increase in the charge on the traffic of heavy goods vehicles (RPLP) from 2008 onwards are earmarked for the maintenance of the quality of the main roads in the regions of Mountain and peripheral regions. Art. 8 is applicable.

2 If there is no increase in PPLP revenues as of 2008 or is only partial, the funding will be provided by the infrastructure fund. The Federal Council may increase the overall appropriation under s. 3 of the corresponding sum. 1

3 At the entry into force of the Act of 6 October 2006 concerning the adoption and modification of acts within the framework of the financial equalization and the division of tasks between the Confederation and the cantons (RPT) 2 , the Federal Council calculates the overall amounts allocated to the main roads by giving the factor of altitude and mountain character a weight four times higher than the other factors.

4 Contributions for the maintenance of the quality of railway infrastructure in mountain regions and in peripheral regions are guaranteed by the tools for financing railway legislation.


1 RO 2008 1889
2 This Law shall enter into force on 1 Er Jan 2008 ( RO 2007 5779 5817).

Art. 15 Financing of investments already made

The resources of the infrastructure fund can be used to finance investments in railway infrastructure for agglomeration traffic, in accordance with Art. 7, para. 1, and realized before the coming into force of the Act. These amounts are charged to the funding provided by the Confederation.

Art. 16 Executing

The Federal Council shall issue the implementing provisions.

Art. 17 Coordination of entry into force

If the RPT 1 Does not enter into force at the latest with this Act, it shall enter into force with the new provisions of the Federal Act of March 22, 1985 concerning the use of tax on duty-based mineral oils 2 As set out in the Annex.


Art. 18 Referendum and entry into force

1 This Law shall be subject to the referendum.

2 The Federal Council shall fix the date of entry into force.

Annex

(art. 17)

Amendment of the law in force

... 1


1 The mod. Can be viewed at RO 2007 6017 .


State 1 Er January 2016