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RS 725.116.2 Federal Act of March 22, 1985 concerning the Use of Taxes on Duty-based Mineral Oils and Highway Royalty (LUMIN)

Original Language Title: RS 725.116.2 Loi fédérale du 22 mars 1985 concernant l’utilisation de l’impôt sur les huiles minérales à affectation obligatoire et de la redevance autoroutière (LUMin)

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725.116.2

Federal Act Respecting the Use of Taxes on Duty-based Mineral Oils and Highway Royalty 1

(LUMIN) 2

22 March 1985 (State 1 Er January 2016)

The Swiss Federal Assembly,

Having regard to art. 82 3 , 83 4 And 86 5 Of the Constitution 6 , 7 Having regard to the message of the Federal Council of 13 March 1984 8 ,

Stops:

Heading 1 9 General provisions

Art. 1 Purpose

This Act regulates the use of the net proceeds:

A.
The consumption tax levied by the Confederation on fuels (income tax on mineral oils) in the areas of road traffic and air traffic;
B.
The fee for the use of national roads.
Art. 2 Report overview

The Federal Council presents to the Federal Assembly, together with the budget and accounts, a report on the use of the proceeds of the tax on mineral oils affected by road traffic and air traffic.

Title 2 Road traffic 10

Chapter 1 11 General provisions

Art. 3 Principle

After deduction of expenses for its cooperation in the performance of this Act, the Confederation will use the proceeds of the tax on mineral oils affected by road traffic and the net proceeds of the road use charge National: 1

A. 2
For funding national roads;
B. 3
For contributions at the expense of major roads;
B Bis . 4
Measures to improve transport infrastructure in towns and cities;
C.
For other contributions to the financing of technical measures, namely:
1. 5
Contributions to the costs of private railway connection tracks,
2.
Contributions to the costs of promoting the combined traffic and the rail transport of accompanied road vehicles,
3. 6
...
4.
Contributions to the costs of environmental protection measures necessitated by road traffic,
5.
Contributions to the costs of landscape protection measures necessitated by road traffic,
6.
Contributions to the cost of protective works against nature forces along the roads;
D. 7
For contributions to the financing of non-technical measures, namely:
1.
General participation in the costs incurred by the cantons for roads open to motor vehicles,
2.
Subsidies to cantons that have no national roads open to traffic;
E.
For a provision, as it is necessary to ensure a balanced development of revenue and expenditure;
F.
For its expenditure on road research.

1 New content according to the c. I of the LF of 18 March 2011, in force since 1 Er August 2011 ( RO 2011 3467 ; FF 2010 5937 ).
2 New content according to the c. II 17 of the 6 Oct LF. 2006 on the reform of the financial equalization and division of labour between the Confederation and the cantons (RPT), in force since 1 Er Jan 2008 ( RO 2007 5779 ; FF 2005 5641 ).
3 New content according to the c. II 17 of the 6 Oct LF. 2006 on the reform of the financial equalization and division of labour between the Confederation and the cantons (RPT), in force since 1 Er Jan 2008 ( RO 2007 5779 ; FF 2005 5641 ).
4 Introduced by c. II 17 of the 6 Oct LF. 2006 on the reform of the financial equalization and division of labour between the Confederation and the cantons (RPT), with effect from 1 Er Jan 2008 ( RO 2007 5779 ; FF 2005 5641 ).
5 New content according to the c. II 17 of the 6 Oct LF. 2006 on the reform of the financial equalization and division of labour between the Confederation and the cantons (RPT), in force since 1 Er Jan 2008 ( RO 2007 5779 ; FF 2005 5641 ).
6 Repealed by c. I 7 of the PMQ of 24 March 1995 on sanitation measures 1994, with effect from 1 Er Jan 1996 (RO) 1995 3517 5365, 1998 2308 art. 1 Er ; FF 1995 I 85).
7 New content according to the c. II 17 of the 6 Oct LF. 2006 on the reform of the financial equalization and division of labour between the Confederation and the cantons (RPT), in force since 1 Er Jan 2008 ( RO 2007 5779 ; FF 2005 5641 ).

Art. 4 Distribution between different sectors of activity

1 When the budget was drawn up, the Federal Assembly divided the proceeds of the tax on mineral oils affected by road traffic between the various sectors of activity. 1

2 The share of national road expenses is determined on the basis of:

A.
The requirements of the annual and long-term construction programmes that the Federal Council fixes for these roads after having heard the cantons;
B.
The maintenance and operation of these roads.

3 And 4 ... 2

5 The contribution to the financing of non-technical measures is set for four years; it amounts to at least 10 % of the product of the tax on mineral oils affected by road traffic. 3


1 New content according to the c. I of the LF of 18 March 2011, in force since 1 Er August 2011 ( RO 2011 3467 ; FF 2010 5937 ).
2 Repealed by c. II 17 of the 6 Oct LF. 2006 on the reform of the financial equalization and division of labour between the Confederation and the cantons (RPT), with effect from 1 Er Jan 2008 ( RO 2007 5779 ; FF 2005 5641 ).
3 New content according to the c. I of the LF of 18 March 2011, in force since 1 Er August 2011 ( RO 2011 3467 ; FF 2010 5937 ).

Art. 5

... 1


1 Repealed by c. I of the LF of 18 March 2011, with effect from 1 Er August 2011 ( RO 2011 3467 ; FF 2010 5937 ).

Art. 6 1 Granting of contributions

1 Contributions shall be granted within the limits of available resources.

2 It shall not be granted a contribution of less than 30 000 francs; this restriction shall not apply to the federal shares paid for the completion of the network of national roads as decided or to contributions at the expense of the measures of Protection of the environment, nature and landscape.


1 New content according to the c. I of the LF of 18 March 2011 on the use of tax on mineral oils, in force since 1 Er August 2011 ( RO 2011 3467 ; FF 2010 5937 ).

Chapter 2 Financing of national roads 12

Art. 7 Principle

1 The funding covers:

A.
Costs of construction, development, maintenance and operation of national roads;
B.
Participation in the costs of completing the network of national roads as decided 1 Pursuant to s. 11.

2 Financing of ancillary facilities within the meaning of Art. 7 of the Federal Act of 8 March 1960 on National Roads 2 Falls within the competence of the cantons.


1 In accordance with the AF of 21 June 1960 on the network of national roads, in its latest authentic versions (RO 1960 872, 1984 1118, 1986 35 2515, 1987 52, 1988 562, 2001 3090) and art. 197, c. 3, Cst. (RS 101 ).
2 RS 725.11

Art. 8 Construction and development

1 Construction refers to the construction of a new road; by development, all construction measures relating to a service road are understood.

2 Construction and development include:

A.
Planning, baseline studies, project development, work direction, monitoring and administrative tasks;
B.
Acquisition of land, including parcellar redesigns related to road construction;
C.
The necessary construction and adaptation work, including the replacement of forest and country roads, bicycle paths, pedestrian paths and hiking trails;
D.
Measures to protect the environment and the landscape and measures to protect against the forces of nature;
E.
Equipment that is used to ensure safety and unloading of the road, including chemical accident response centres, weight and traffic control devices and parking lanes or areas;
F.
Traffic management facilities, such as the Traffic Management Plant and the Transportation Data Centre.

3 Costs of construction and development of facilities within the meaning of s. 6 of the Federal Act of 8 March 1960 on National Roads 1 Which are carried out at the request of the cantons and which serve mainly cantonal, regional or local interests are assumed by the cantons. Future maintenance costs should also be taken into account. In exceptional cases, the Confederation may participate in the cost of up to 30 %. The Federal Council decides in this case


Art. Maintenance

1 Maintenance refers to the renewal and maintenance of project-related roads.

2 Project maintenance and national highway renewal include:

A.
Work to conserve roads and their technical facilities, including work on roadways and works of art;
B.
The additional work and work done to adapt the roads in service to new legal requirements.

3 Maintenance costs for facilities within the meaning of s. 6 of the Federal Act of 8 March 1960 on National Roads 1 Which are carried out at the request of the cantons and which serve mainly cantonal, regional or local interests are assumed by the cantons. The Confederation may participate in maintenance costs in the same proportion as for construction costs. The Federal Council regulates the modalities.

4 Expenditure related to the establishment of projects, the work itself and the costs of supervision and administration shall be considered fresh.


Art. 10 1 Exploitation

1 Operations include routine maintenance, non-project maintenance, traffic management and protection services.

2 Routine maintenance includes all the measures and work required to ensure safe and usable roads, including winter service, cleaning of traffic lanes and stop strips, and maintenance of central berms and berms. Slope, all work to ensure the permanent operation of the traffic facilities as well as minor repairs.

3 Maintenance work that is not the subject of a project includes all the measures and works that are used for the conservation of roads and their technical facilities and which can be carried out without significant planning and Lower cost.

4 Traffic management shall include all the measures and works necessary for safe and fluid traffic on national roads, in particular:

A.
Network management, operational management and traffic regulation;
B.
Road information, in particular the collection and processing of data and the establishment and dissemination of road information enabling road users to make optimal decisions before and during a trip on National roads.

5 Protective services shall include all measures and works necessary for the safety of traffic on national roads and for the protection of persons and the environment, in particular fire protection and protection Pollution by hydrocarbons and chemical or radioactive materials.

6 Expenditure related to the establishment of projects, the work itself and the costs of supervision and administration shall be considered fresh.


1 New content according to the c. II 17 of the 6 Oct LF. 2006 on the reform of the financial equalization and division of labour between the Confederation and the cantons (RPT), in force since 1 Er Jan 2008 ( RO 2007 5779 ; FF 2005 5641 ).

Art. 11 Completion of the national road network

1 With regard to the completion of the network of national roads as decided 1 , the Confederation takes on the following shares of construction costs within the meaning of Art. 8, para. 2:

A.
First or second class national roads:
-
Outside the cities: 75 to 90 %,
-
In cities: 50 to 80 %;
B.
Third-class national roads:
-
In the regions of the Alps and Jura: 75 to 90 %;
-
Outside these regions: 55 to 70 %;
-
In cities: 50 to 70 %.

2 Taxes on real estate gains, transfer rights, stamp duties and other taxes owing under the cantonal law are not covered.

3 The Federal Council shall determine the rate of participation, taking into account the charges imposed on the various cantons by the national roads, the financial capacity of these roads and the interest that these roads have for them.

4 Where the financial capacity of the canton is insufficient and the construction of a national road is of general interest to the country, the Federal Council may exceptionally extend participation above the maximum rate. However, this must not be exceeded by more than 7 % of the chargeable costs.

5 Art. 8, para. 3, is applicable to the facilities which are carried out at the request of the cantons and which serve as a preponderant function of cantonal, regional or local interests.

6 The Confederation made its payments as preliminary work and construction progressed. It may grant advances to a reasonable interest on payments to be made by the cantons or, in cases of thoroughness, to allocate loans. The Federal Council shall fix the terms of payment.


1 In accordance with the AF of 21 June 1960 on the network of national roads, in its latest authentic versions (RO 1960 872, 1984 1118, 1986 35 2515, 1987 52, 1988 562, 2001 3090) and art. 197, c. 3, Cst. (RS 101 ).

Chapter 3 Contributions to Main Roads 13

Art. 12 Primary Roads Network

1 After having heard the cantons, the Federal Council defined the network of main roads which benefited from the contributions of the Confederation. 1

2 The main road network comprises communication routes, which are important for Swiss or international traffic, which do not belong to the network of national roads.

3 In the regions of the Alps and the Jura, roads whose improvement or construction are of particular importance can be declared to be of particular importance for:

A.
National or international transit traffic;
B.
Tourism development;
C.
Maintaining or strengthening the economic structure of peripheral regions.

4 Outside the regions of the Alps and the Jura, can be declared main roads:

A.
Major communication routes related to foreign routes of the same class;
B.
Roads linking national roads and cities, as well as various parts or regions of the country;
C.
The access roads to the regions of the Alps and the Jura which connect the national roads to these regions.

1 New content according to the c. II 17 of the 6 Oct LF. 2006 on the reform of the financial equalization and division of labour between the Confederation and the cantons (RPT), in force since 1 Er Jan 2008 ( RO 2007 5779 ; FF 2005 5641 ).

Art. 13 1 Global contributions

1 The provision that the Confederation grants to the cantons is in the form of global contributions.

2 Global contributions are calculated on the basis of:

A.
Road length;
B.
The density of traffic, which includes environmental damage;
C.
The altitude and character of the mountain road.

3 The Federal Council shall lay down the criteria laid down in para. 2 and sets the cantons' shares to the annual appropriation. It hears the cantons before enacting the implementing provisions.


1 New content according to the c. II 17 of the 6 Oct LF. 2006 on the reform of the financial equalization and division of labour between the Confederation and the cantons (RPT), in force since 1 Er Jan 2008 ( RO 2007 5779 ; FF 2005 5641 ).

Art. 14 And 15 1

1 Repealed by c. II 17 of the 6 Oct LF. 2006 on the reform of the financial equalization and division of labour between the Confederation and the cantons (RPT), with effect from 1 Er Jan 2008 ( RO 2007 5779 ; FF 2005 5641 ).

Art. 16 Right of expropriation

In their implementing provisions, the cantons may prescribe that expropriations shall be made in accordance with the Federal Law of 20 June 1930 on expropriation 1 In this case, the right of expropriation, within the meaning of s. 3, para. 2, of the said Act, is conferred on them.


1 RS 711

Art. 17 1 Construction, maintenance and operation

The cantons build, maintain and operate the main roads. They use global contributions to accomplish these tasks.


1 New content according to the c. II 17 of the 6 Oct LF. 2006 on the reform of the financial equalization and division of labour between the Confederation and the cantons (RPT), in force since 1 Er Jan 2008 ( RO 2007 5779 ; FF 2005 5641 ).

Chapter 4 14 Contributions for transport infrastructure in towns and cities

Art. 17 A Purpose

1 The Confederation provides contributions for transport infrastructure that makes the overall system of transport in cities and towns more efficient and sustainable.

2 The contributions of the Confederation are paid to finance the development of infrastructure for the benefit of roads, rail and soft mobility.

3 Contributions can also be made to finance the corresponding measures taken abroad in border regions.

4 Operating contributions are excluded.

Art. 17 B Right Ayants

1 The contributions of the Confederation are paid to the cantons for the responsible bodies. The latter are constituted according to the cantonal law.

2 The Federal Council designates cities and agglomerations entitled to contributions after having heard the cantons. It is based on the definition of the Federal Statistics Office.

3 Contributions to railway infrastructure for agglomeration traffic shall be paid to transport undertakings through the financing instruments provided for in the legislation on the railways. The contribution to the lead agency is reduced accordingly.

Art. 17 C Conditions

Contributions can be made if the responsible bodies prove in the agglomeration project that:

A.
The planned projects are part of a comprehensive transport planning and are harmonised with higher-level transport networks and the development of urbanisation as set out in the Cantonal Management Plans;
B.
Planned projects are in accordance with Cantonal Management Plans;
C.
The residual financing of the investments for the planned projects is duly guaranteed and the costs of operation and maintenance are bearable;
D.
Investments for planned projects have a positive overall effect.
Art. 17 D Amount of contributions

1 Contributions are calculated on the basis of the overall efficiency of agglomeration projects. They amount to 50 % at the most expense taken into account.

2 Overall effectiveness is the ratio of the cost to the following objectives:

A.
Improving the quality of the transport system;
B.
Development of urbanization within the built fabric;
C.
Reduced harm to the environment and resource use;
D.
Increased traffic safety.

3 Priority is given to agglomeration projects which contribute to solving the most important transport and environmental problems.

Chapter 5 Other contributions to financing technical measures

Section 1 Contributions to the cost of private railway connection tracks 15

Art. 18 1 Principle

1 The Confederation may make contributions to the cost of constructing private railway connection tracks.

2 These contributions cannot exceed 60 % of the costs taken into account.


1 New content according to the c. II 17 of the 6 Oct LF. 2006 on the reform of the financial equalization and division of labour between the Confederation and the cantons (RPT), in force since 1 Er Jan 2008 ( RO 2007 5779 ; FF 2005 5641 ).

Art. 19 And 20 1

1 Repealed by c. II 17 of the 6 Oct LF. 2006 on the reform of the financial equalization and division of labour between the Confederation and the cantons (RPT), with effect from 1 Er Jan 2008 ( RO 2007 5779 ; FF 2005 5641 ).

Section 2 Contributions to the costs of promoting the combined traffic and the rail transport of accompanied road vehicles

Art. Principle

The Confederation allocates investment or operating contributions in order to promote combined traffic and the rail transport of accompanied road vehicles.

Art. Amount of contributions

1 Contributions to the costs of promoting combined traffic, on transport and environmental policy grounds, shall be allocated to the extent that the financial balance of the operation cannot be achieved.

2 Contributions to the costs of railway transport of accompanied road vehicles must allow for tariff reductions which meet the requirements of transport and environmental policy.

3 After having heard the cantons, the Federal Council shall allocate the necessary means for investment contributions, taking into account technical requirements and the degree of urgency.

Section 3 ...

Articles 23 and 24 1

1 Repealed by c. I 7 of the PMQ of 24 March 1995 on sanitation measures 1994, with effect from 1 Er Jan 1996 (RO) 1995 3517 5365, 1998 2308 art. 1 Er ; FF 1995 I 85).

Section 4 Contributions to the costs of environmental protection measures necessitated by road traffic

Art. 25 Principle

The Confederation allocates contributions to the costs of measures to protect the environment along the roads or, failing that, measures affecting buildings, which must be taken under the federal legislation on the protection of Environment. In addition, it contributes to the costs of general measures to protect the environment, which are required by motorised road traffic, including measures to remedy the damage to forests and restore forests.

Art. 26 Rate of contributions

1 The contributions of the Confederation are determined according to the provisions of the federal environmental protection legislation.

2 The Federal Council shall allocate the necessary means for contributions in the light of technical requirements and the degree of urgency.

3 The Confederation allocates contributions to the costs of measures to address forest damage and to restore forests as a result of motorized traffic.

Art. 27 1 Relationship to other parts and contributions

During the construction and development of national roads and the completion of the network of national roads as decided 2 , the environmental protection measures referred to in s. 25 are an integral part of the project. In the case of the main roads, the costs of these measures are financed through the overall contributions.


1 New content according to the c. II 17 of the 6 Oct LF. 2006 on the reform of the financial equalization and division of labour between the Confederation and the cantons (RPT), in force since 1 Er Jan 2008 ( RO 2007 5779 ; FF 2005 5641 ).
2 In accordance with the AF of 21 June 1960 on the network of national roads, in its latest authentic versions (RO 1960 872, 1984 1118, 1986 35 2515, 1987 52, 1988 562, 2001 3090) and art. 197, c. 3, Cst. (RS 101 ).

Section 5 Contributions to the costs of landscape protection measures necessitated by road traffic

Art. 28 1 Principle

The Confederation allocates contributions to the costs of measures required by motorized road traffic to conserve, preserve or restore landscapes worthy of protection, including historic monuments.


1 New content according to the c. I 8 of the LF of 19 Dec. 2003 on the 2003 budget relief programme, in force since 1 Er Jan 2005 ( RO 2004 1633 4625 hp. II; FF 2003 5091 ).

Art. Rate of contributions

1 The contributions of the Confederation are determined in accordance with the provisions of the federal legislation on the protection of nature and the landscape and on the encouragement of the conservation of historic monuments.

2 After having heard the cantons, the Federal Council shall allocate the necessary means for the contributions, taking into account technical requirements and the degree of urgency.

Art. 1 Relationship to other parts and contributions

During the construction and development of national roads and the completion of the network of national roads as decided 2 , the landscape protection measures referred to in s. 28 are an integral part of the project. In the case of the main roads, the costs of these measures are financed through the overall contributions.


1 New content according to the c. II 17 of the 6 Oct LF. 2006 on the reform of the financial equalization and division of labour between the Confederation and the cantons (RPT), in force since 1 Er Jan 2008 ( RO 2007 5779 ; FF 2005 5641 ).
2 In accordance with the AF of 21 June 1960 on the network of national roads, in its latest authentic versions (RO 1960 872, 1984 1118, 1986 35 2515, 1987 52, 1988 562, 2001 3090) and art. 197, c. 3, Cst. (RS 101 ).

Section 6 Contributions to the cost of protective works against nature forces along roadways

Art. Principle

1 The Confederation allocates contributions to the costs of reforestation, the defence against avalanches, landslides and rockfall, the galleries, the torrents of torrents and the corrections of Waterways, which are necessary to protect against the forces of nature the roads open to motorised traffic as well as the railway installations which, for a certain part of the year, absorb the motorised traffic instead of the Route.

2 It only allocates contributions for galleries and tunnels if they are used to protect national roads or main roads. 1

3 It does not make contributions to measures to protect other roads themselves (galleries, tunnels, movement of tracks, drainage of water, etc.). 2


1 Introduced by ch. I 8 of the LF of 19 Dec. 2003 on the 2003 budget relief programme, in force since 1 Er Jan 2005 ( RO 2004 1633 4625 hp. II; FF 2003 5091 ).
2 Introduced by ch. I 8 of the LF of 19 Dec. 2003 on the 2003 budget relief programme, in force since 1 Er Jan 2005 ( RO 2004 1633 4625 hp. II; FF 2003 5091 ).

Art. 32 Rate of contributions

1 The contributions of the Confederation are determined in accordance with the provisions of the federal legislation on the forest police and the water police.

2 After having heard the cantons, the Federal Council shall allocate the necessary means for the contributions, taking into account technical requirements and the degree of urgency.

Art. 33 1 Relationship to other parts and contributions

During the construction and development of national roads and the completion of the network of national roads as decided 2 , works of protection against the forces of nature referred to in s. 31 are an integral part of the project. In the case of the main roads, the costs of these works are financed through the overall contributions.


1 New content according to the c. II 17 of the 6 Oct LF. 2006 on the reform of the financial equalization and division of labour between the Confederation and the cantons (RPT), in force since 1 Er Jan 2008 ( RO 2007 5779 ; FF 2005 5641 ).
2 In accordance with the AF of 21 June 1960 on the network of national roads, in its latest authentic versions (RO 1960 872, 1984 1118, 1986 35 2515, 1987 52, 1988 562, 2001 3090) and art. 197, c. 3, Cst. (RS 101 ).

Chapter 6 Contributions to the financing of non-technical measures

Art. 34 General participation 1

1 General participation in the cost of roads open to motor vehicles shall be determined on the basis of: 2

A. 3
The length of roads open to motor vehicles, without national roads;
B.
Road charges borne by the cantons.
C. And d. 4 ...

2 In cases of thoroughness, additional financial assistance may be granted to the cantons with low financial or sparsely populated capacity, for which the construction, renewal, major maintenance, routine maintenance or monitoring and Regulation of traffic by the police is a particularly heavy burden. 5

3 The Federal Council shall hear the cantons before laying down the implementing provisions. 6

4 The cantons use these contributions to carry out the road tasks. 7


1 New content according to the c. II 17 of the 6 Oct LF. 2006 on the reform of the financial equalization and division of labour between the Confederation and the cantons (RPT), in force since 1 Er Jan 2008 ( RO 2007 5779 ; FF 2005 5641 ).
2 New content according to the c. II 17 of the 6 Oct LF. 2006 on the reform of the financial equalization and division of labour between the Confederation and the cantons (RPT), in force since 1 Er Jan 2008 ( RO 2007 5779 ; FF 2005 5641 ).
3 New content according to the c. II 17 of the 6 Oct LF. 2006 on the reform of the financial equalization and division of labour between the Confederation and the cantons (RPT), in force since 1 Er Jan 2008 ( RO 2007 5779 ; FF 2005 5641 ).
4 Repealed by c. II 17 of the 6 Oct LF. 2006 on the reform of the financial equalization and division of labour between the Confederation and the cantons (RPT), with effect from 1 Er Jan 2008 ( RO 2007 5779 ; FF 2005 5641 ).
5 New content according to the c. I 6 of the PMQ of 18 March 1994 on the sanitation measures 1993, in force since 1 Er Jan 1995 (RO) 1994 1634).
6 New content according to the c. II 17 of the 6 Oct LF. 2006 on the reform of the financial equalization and division of labour between the Confederation and the cantons (RPT), in force since 1 Er Jan 2008 ( RO 2007 5779 ; FF 2005 5641 ).
7 Introduced by ch. II 17 of the 6 Oct LF. 2006 on the reform of the financial equalization and division of labour between the Confederation and the cantons (RPT), with effect from 1 Er Jan 2008 ( RO 2007 5779 ; FF 2005 5641 ).

Art. 35 Contributions to cantons without national roads 1

1 ... 2

2 Cantons without national roads receive annual equalization payments. These amounts shall be calculated on the basis of the length of the roads open to motor vehicles and road loads of the said cantons. 3

2bis Where existing roads are integrated into the network of national roads, the annual amounts paid under equalization shall be collected by the cantons concerned as long as no major development is carried out on roads Located on their territory. 4

3 The Federal Council shall lay down the arrangements after having heard the cantons concerned.

4 The cantons use these contributions to carry out the road tasks. 5


1 New content according to the c. II 17 of the 6 Oct LF. 2006 on the reform of the financial equalization and division of labour between the Confederation and the cantons (RPT), in force since 1 Er Jan 2008 ( RO 2007 5779 ; FF 2005 5641 ).
2 Repealed by c. II 17 of the 6 Oct LF. 2006 on the reform of the financial equalization and division of labour between the Confederation and the cantons (RPT), with effect from 1 Er Jan 2008 ( RO 2007 5779 ; FF 2005 5641 ).
3 New content according to the c. II 17 of the 6 Oct LF. 2006 on the reform of the financial equalization and division of labour between the Confederation and the cantons (RPT), in force since 1 Er Jan 2008 ( RO 2007 5779 ; FF 2005 5641 ).
4 Introduced by ch. III of the PMQ of 22 March 2013, in force since 1 Er Jan 2016 ( RO 2015 2259 ; FF 2012 593 ).
5 Introduced by ch. II 17 of the 6 Oct LF. 2006 on the reform of the financial equalization and division of labour between the Confederation and the cantons (RPT), in force since 1 Er Jan 2008 ( RO 2007 5779 ; FF 2005 5641 ).

Chapter 7 Road and Road Research

Art. 36 Road account

1 The Federal Council shall establish a road account indicating, on the one hand, the revenue attributable to the authorities deriving from the traffic of motor vehicles and, on the other hand, the costs incurred by that traffic.

2 If required by the Federal Council, the cantons are obliged to provide the necessary evidence for the establishment of the account.

Art. Road Research

The Confederation encourages research and studies relating to the construction and maintenance of roads, the effects of road traffic and other tasks related to road traffic.

Heading 3 16 Air Traffic

Chapter 1 General provisions

Art. A Allocation of funds

1 After deduction of expenses for its cooperation in the performance of this Act, the Confederation will use the proceeds of tax on mineral oils affected in accordance with s. 86, para. 3 Bis From the Constitution to air traffic, according to the following distribution key:

A.
A quarter for contributions to the cost of environmental protection measures that air traffic requires;
B.
A quarter for contributions to the costs of security measures designed to protect air traffic against infringements, in particular terrorist attacks and hijacking of aircraft, provided that such measures do not fall within the scope of the Public authorities;
C.
Half for contributions at the expense of measures to promote a high level of technical safety in air traffic.

2 The Federal Council defines:

A.
The period during which the average contribution to the various business lines must correspond to the distribution key;
B.
The conditions to which it may be provisionally derogated from the distribution key.

3 The Federal Office for Civil Aviation (OFAC) allocates contributions within a sector of activity. It prefixes the priorities and intends to this end the circles concerned.

Art. B Granting of contributions

1 No one shall have the right to the grant of contributions.

2 Contributions shall be granted within the limits of available resources.

3 The Federal Council sets the criteria for the granting of contributions and rules the procedure.

Art. C Amount of contributions

1 The Federal Council sets out for each sector of activity referred to in s. 37 D , 37 E And 37 F , let. B to d, the maximum participation of the Confederation at the expense of a measure receiving support. This participation cannot be greater than 80 %.

2 The Federal Council regulates the calculation of contributions; it defines in particular the costs to be taken into account and the criteria on the basis of which the OFAC determines the amount of contributions in this case.

Chapter 2 Contributions

Art. D Protection of the environment

In order to limit the effects of air traffic on the environment, the Confederation may grant contributions at the expense of the following measures and activities, provided that their financing is not provided by other sources:

A.
Measures to protect the population from the effects of noise caused by air traffic;
B.
Measures to protect the public against the effects of emissions of pollutants from the aeronautical infrastructure and aircraft;
C.
Measures to adapt aircraft to protect the public against noise and polluting substances;
D.
Research on the effects of air traffic on the environment;
E.
Observation and appreciation of the effects of air traffic on the environment;
F.
Development of environmentally friendly flight procedures, as well as training and development for their application;
G.
Ecological compensation measures for aerodromes.
Art. E Protection against offences

The Confederation may grant contributions at the expense of the following measures and activities to protect air traffic against infringements:

A.
Screening and surveillance of passengers, hand luggage, hold baggage and aircraft;
B.
Measures to protect infrastructure and aircraft against physical or electronic damage;
C.
Training of security personnel at aerodromes;
D.
Research, development and quality assurance measures.
Art. F Security

In order to promote a high level of technical safety in air traffic, the Confederation may grant contributions:

A.
Financing of the approach and departure control services on Swiss aerodromes with an air navigation service;
B.
The costs of accident prevention programmes in air traffic and the costs of research and development projects;
C.
Costs of construction measures;
D.
Development costs of technical systems;
E.
Training and development costs.

Title 4 Final provisions 17

Art. 38 Executing

The Federal Council is responsible for enforcement; it lays down the implementing provisions and rules, in particular, on the procedure applicable to the granting of federal shares and contributions and the return of shares and contributions unduly affected. Instead of relying on actual costs, it can fix packages.

Art. 39 Repeal of existing provisions

Are repealed:

1.
The Federal Decree of 23 December 1959 concerning the employment of the product of the product of the entry fees on fuels for road construction 1 ;
2.
The Federal Decree of 17 March 1972 concerning the financing of national roads 2 ;
3.
The Federal Order of 21 February 1964 concerning contributions to the cost of removal of railway crossings or the adoption of security measures 3 .

1 [RO 1960 396, 1962 7 art. 4, 1972 604, 1977 2249 ch. I 822, 1984 1122 art. 66 hp. 2]
2 [RO 1972 659, 1975 1709, 1977 2249 ch. I 821]
3 [RO 1964 1280, 1977 2249 ch. I 823]

Art. 40 Amendment of existing provisions

... 1


1 The mod. Can be consulted at the RO 1985 834.

Art. Transitional provisions

1 This Law shall be applied, with retroactive effect, upon entry into force of s. 36 Bis , para. 4, and 36 Ter Of the Constitution 1 Concerning the following contributions to the cantons:

A.
For the operation and maintenance of national roads (art. 36 Bis , para. 4, cst.);
B.
General participation in road costs for motor vehicles and financial equalization in the road sector (art. 36 Ter , para. 1, let. E, cst.)
C.
Subsidies to cantons with alpesters that are used for international traffic and for those without national roads (art. 36 Ter , para. 1, let. F, cst.).

2 The Confederation abandons to require the service of interest on the amounts that have been advanced to the cantons since the entry into force of the art. 36 Bis And 36 Ter To safeguard their acquired rights; advances are charged against the allowance.


1 [RS 1 3; RO 1958 800, 1983 445, 1994 267, 1996 1491). See currently art. 83, 86 and 131, para. 1, para. e, et al. 2 of the Constitution of 18 Apr. 1999 (RS 101 ).

Art. A 1 Transitional Provision of Amendment of March 19, 1999

The new right applies to all commitments for the payment of contributions (basic, partial and complementary grants) made after its entry into force.


1 Introduced by ch. I 7 of the PMQ of 19 March 1999 on the 1998 stabilisation programme, in force since 1 Er Seven. 1999 ( RO 1999 2374 2385; FF 1999 3 ).

Art. B 1 Transitional Provision of the Amendment of 6 October 2006

1 If the implementation of development and maintenance projects on national roads extends beyond the entry into force of the amendment of 6 October 2006 2 , the former right applies to expenses accrued up to the date of entry into force.

2 The cost of infrastructure development to manage and control the heavy traffic of goods across the Alps can be fully and retroactively supported by the Confederation.

3 The old right applies to major road construction projects in progress and not yet completed at the time of entry into force of the October 6, 2006 amendment.

4 The cantons with construction projects within the meaning of para. 3 do not receive overall contributions under s. 13 to the extent that contributions to the financing of technical measures are less than the overall contribution attributed to them.

5 The Confederation may participate in the costs of the cantons' social plans if these costs are the result of changes in competences in the field of national roads. The cantons have one year from the date of the entry into force of the amendment of 6 October 2006 to file their applications. The Federal Council regulates participation.


1 Introduced by ch. II 17 of the 6 Oct LF. 2006 on the reform of the financial equalization and division of labour between the Confederation and the cantons (RPT), in force since 1 Er Jan 2008 ( RO 2007 5779 ; FF 2005 5641 ).
2 RO 2007 5795

Art. Referendum and entry into force

1 This Act is subject to an optional referendum.

2 It takes effect on 1 Er January 1985.



RO 1985 834


1 New content according to the c. I of the LF of 18 March 2011, in force since 1 Er August 2011 ( RO 2011 3467 ; FF 2010 5937 ).
2 Abbreviation introduced by c. I of the PMQ of 19 March 1999, in force since 1 Er Jan 2000 ( RO 1999 2202 ; FF 1998 4689 ).
3 This disp. Corresponds to art. 37 of the Constitution of 29 May 1874 (RO 1958 800)
4 This disp. Corresponds to art. 36 Bis Of the Constitution of 29 May 1874 (RO 1958 800, 1983 444)
5 This disp. Corresponds to art. 36 Ter Of the Constitution of 29 May 1874 (RO 1983 444, 1996 1491)
6 RS 101
7 New content according to the c. II 17 of the 6 Oct LF. 2006 on the reform of the financial equalization and division of labour between the Confederation and the cantons (RPT), in force since 1 Er Jan 2008 ( RO 2007 5779 ; FF 2005 5641 )
8 FF 1984 I 993
9 New content according to the c. I of the LF of 18 March 2011, in force since 1 Er August 2011 ( RO 2011 3467 ; FF 2010 5937 ).
10 Introduced by ch. I of the LF of 18 March 2011, in force since 1 Er August 2011 ( RO 2011 3467 ; FF 2010 5937 ).
11 New content according to the c. I of the LF of 18 March 2011, in force since 1 Er August 2011 ( RO 2011 3467 ; FF 2010 5937 ).
12 New content according to the c. II 17 of the 6 Oct LF. 2006 on the reform of the financial equalization and division of labour between the Confederation and the cantons (RPT), in force since 1 Er Jan 2008 ( RO 2007 5779 ; FF 2005 5641 ). Formerly chap. 3.
13 Formerly chap. 4. New content according to c. II 17 of the 6 Oct LF. 2006 on the reform of the financial equalization and division of labour between the Confederation and the cantons (RPT), in force since 1 Er Jan 2008 ( RO 2007 5779 ; FF 2005 5641 ).
14 Formerly chap. 4 A . Introduced by ch. II 17 of the 6 Oct LF. 2006 on the reform of the financial equalization and division of labour between the Confederation and the cantons (RPT), in force since 1 Er Jan 2008 ( RO 2007 5779 ; FF 2005 5641 ).
15 New content according to the c. II 17 of the 6 Oct LF. 2006 on the reform of the financial equalization and division of labour between the Confederation and the cantons (RPT), in force since 1 Er Jan 2008 ( RO 2007 5779 ; FF 2005 5641 ).
16 Introduced by ch. I of the LF of 18 March 2011, in force since 1 Er August 2011 ( RO 2011 3467 ; FF 2010 5937 ).
17 Formerly chap. 8


State 1 Er January 2016