Rs 725.116.2 Federal Act Of 22 March 1985 Concerning The Use Of Mandatory Assignment Petroleum Tax And The Motorway Fee (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 law regarding the use of mandatory assignment petroleum tax and motorway charge (LUMin) on 22 March 1985 (Status January 1, 2016) the Federal Assembly of the Swiss Confederation, view the art. 82, 83 and 86 of the Constitution, given the message of the federal Council of 13 March 1984, stop: title General 1Dispositions art. 1 purpose this law regulates the use of the net proceeds: a. consumption tax collected by the Confederation (product of the mineral oils tax) fuel in the areas of road traffic and air traffic; (b) of the fee for the use of national roads.

Art. 2 presentation of a federal Council report presents to the Federal Assembly, at the same time as the budget and accounts, a report on the use of the proceeds of the tax on mineral oils used for road traffic and air traffic.

Title 2 road traffic Chapter General 1Dispositions art. 3 principle after deduction of the expenses for her collaboration in the execution of this Act, the Confederation will use the proceeds of the tax on mineral oils affected road traffic and the net proceeds of the fee for the use of national roads: a. for the funding of national roads; (b) for contributions at the expense of the main roads; b. for measures to improve transport infrastructure in the cities and the towns; c. for other contributions to the financing of measures, namely: 1. contributions to the costs of railways of connection of a private nature, 2 contributions to the costs of promotion of combined transport and rail transport of accompanied road vehicles, 3... 4. contributions to the costs of environmental protection measures required by the road traffic, 5. contributions to the costs of landscape protection measures required by the road traffic, 6. contributions to costs of protection works against the forces of nature along the roads;

(d) for contributions to the financing of measures other than techniques, namely: 1. a general participation in the costs incurred by the cantons to roads open to motor vehicles, 2. subsidies to the cantons that are devoid of highways open to traffic;

e. for a provision, as it is necessary to ensure a balanced development of revenues and expenditures; f. for expenses in respect of research in the field of roads.

New content according to chapter I of the Federal ACT of 18 March 2011, in effect since August 1, 2011 (RO 2011 3467; FF 2010 5937).
New content according to ch. II 17 of the Federal ACT of 6 October. 2006 on the reform of financial equalisation and Division of tasks between the Confederation and the cantons (RPT), in force since Jan. 1. 2008 (2007 5779 RO; FF 2005 5641).
New content according to ch. II 17 of the Federal ACT of 6 October. 2006 on the reform of financial equalisation and Division of tasks between the Confederation and the cantons (RPT), in force since Jan. 1. 2008 (2007 5779 RO; FF 2005 5641).
Introduced by the c. II 17 of the Federal ACT of 6 October. 2006 on the reform of financial equalisation and Division of tasks between the Confederation and the cantons (RPT), with effect from Jan 1. 2008 (2007 5779 RO; FF 2005 5641).
New content according to ch. II 17 of the Federal ACT of 6 October. 2006 on the reform of financial equalisation and Division of tasks between the Confederation and the cantons (RPT), in force since Jan. 1. 2008 (2007 5779 RO; FF 2005 5641).
Repealed by no I 7 of the Federal ACT of 24 March 1995 on remediation 1994, with effect from Jan 1. 1996 (RO 1995 3517 5365, 1998 2308 art 1; FF 1995 I 85).
New content according to ch. II 17 of the Federal ACT of 6 October. 2006 on the reform of financial equalisation and Division of tasks between the Confederation and the cantons (RPT), in force since Jan. 1. 2008 (2007 5779 RO; FF 2005 5641).

Art. 4 allocation between different sectors of activity in the preparation of the budget, the Federal Assembly distributes the proceeds of the tax on mineral oils affected road traffic between different sectors of activity.
The part relating to participation in the costs of the national roads is determined by: a. requirements of annual construction and long term programs as the federal Council laid down for these roads after hearing the cantons; b. needs maintenance and operating of these roads.

and...
The share pertaining to contributions to the financing of other technical measures is set for four years; It amounts to 10% at least of the proceeds of the tax on mineral oils affected road traffic.

New content according to chapter I of the Federal ACT of 18 March 2011, in effect since August 1, 2011 (RO 2011 3467; FF 2010 5937).
Repealed by section II 17 of the Federal ACT of 6 October. 2006 on the reform of financial equalisation and Division of tasks between the Confederation and the cantons (RPT), with effect from Jan 1. 2008 (2007 5779 RO; FF 2005 5641).
New content according to chapter I of the Federal ACT of 18 March 2011, in effect since August 1, 2011 (RO 2011 3467; FF 2010 5937).

Art. 5...

Repealed by no I of the Federal ACT of 18 March 2011, with effect from August 1, 2011 (RO 2011 3467; FF 2010 5937).

Art. 6Octroi of contributions contributions are granted within the limits of available resources.
It is not granted less than 30,000 francs contribution; This restriction does not apply to Federal share paid for the completion of the network of national roads such that it was decided or contributions to costs measures of protection of the environment, nature and landscape.

New content according to chapter I of the Federal ACT of 18 March 2011 on the use of the tax on mineral oils, in effect since August 1, 2011 (RO 2011 3467; FF 2010 5937).

Chapter 2 funding of national roads article 7 principle funding covers: a. the cost of construction, development, maintenance and operation of the national roads; b. the participation costs of completion of the network of national roads such that it was decided in accordance with art. 11. Financing of facilities within the meaning of art. 7 of the Federal law of March 8, 1960 on national roads is the responsibility of the cantons.

According to the AF of 21 June 1960 on the national roads network, in its latest versions being authentic (RO 1960 872, 1984 1118, 1986 35 2515, 1987 52, 1988 562, 2001 3090) and art. 197, c. 3, Cst. (RS 101).
RS 725.11 art. 8 construction and development by construction means the realization of a new road; development, are all measures of construction on a service road.
Construction and landscaping include: a. planning, basic studies, the establishment of projects, the works management, monitoring and Administration; (b) the acquisition of land, including changes in piecemeal in connection with the building of the road; (c) the construction and the necessary adaptation work, including the replacement of forest roads and countryside, cycle tracks paths for pedestrians and the hiking paths; d. the measures of protection of the environment and landscape as well as the measures of protection against the forces of nature; e. equipment that are used to ensure the security and the shedding of the road, including the intervention centres against chemical accidents, weight and traffic control devices and channels or parking areas; f. management of traffic facilities such as the central traffic management and transport data center.

Construction and costs of facilities within the meaning of art. 6 of the Federal law of March 8, 1960 on national roads which are carried out at the request of the cantons and which serve as a predominant way of cantonal, regional and local interests are supported by the cantons. Future servicing fees must also be taken into account. Exceptionally, the Confederation can participate in costs up to 30%. The federal Council decides in this case RS 725.11 art. 9 interview by interview, we hear the renewal and maintenance of roads linked to a project.
The interview related to a project and renewal of national roads include: a. the work that serve to maintain the roads and their technical facilities, including the work on the road and works of art; b. further work and the work being done to adapt the service roads to new legal requirements.

Maintenance costs of facilities within the meaning of art. 6 of the Federal law of March 8, 1960 on national roads which are carried out at the request of the cantons and which serve as a predominant way of cantonal, regional and local interests are supported by the cantons. The Confederation may participate in maintenance costs in the same proportions as for the construction costs. The federal Council shall regulate the terms and conditions.
Are considered in the costs related to the establishment of projects, the work themselves and monitoring and administration costs.

RS 725.11 art. 10Exploitation


Operation, means routine maintenance, maintenance work are not the object of a project, the traffic management and services protection.
Routine maintenance includes all measures and work required so that the roads are safe and usable, including winter service, cleaning of roads and stop strips, maintenance of the Central berms and gradings, all work to ensure the continued functioning of facilities relating to the traffic as well as small repairs.
Maintenance work is not the subject of a project include all measures and which serve the conservation of roads and their technical facilities and work which can be performed without significant planning and cheaply.
Traffic management includes all of the work necessary for a safe and fluid on the national roads traffic, and measures including: a. network management, operational management and the regulation of the traffic; b. road information, in particular the collection and data processing and the establishment and dissemination of traffic information that users of the road to make optimal decisions before and during travel on the highways.

Protection services include all measures and work necessary for the safety of traffic on the highways and the protection of people and the environment, in particular protection against fires and pollution by hydrocarbons and chemical or radioactive materials.
Are considered in the costs related to the establishment of projects, the work themselves and monitoring and administration costs.

New content according to ch. II 17 of the Federal ACT of 6 October. 2006 on the reform of financial equalisation and Division of tasks between the Confederation and the cantons (RPT), in force since Jan. 1. 2008 (2007 5779 RO; FF 2005 5641).

Art. 11 completion of the national road network regarding the completion of the national road network as it has been decided, the Confederation shall meet the following shares of the costs of construction in the sense of art. 8, al. 2: a. first- or second-class roads:-outside the cities: 75 to 90%,-in the cities: 50 to 80%;

b. third class national roads:-in the regions of the Alps and the Jura: 75 to 90%; - outside these regions: 55-70%; - in the cities: 50 to 70%.

Taxes on property gains, land transfer, rights stamp and other taxes tax due under cantonal law are not taken in charge.
The federal Council fixed the rate of participation, taking into account the charges imposed on the different cantons by the national roads, the financial capacity of these and the interest that these roads for them.
When the financial capacity of the canton is insufficient and that the construction of a national road this an overriding general interest for the country, the federal Council may, exceptionally, wear participation beyond the maximum rate. However, it should not be exceeded by more than 7% of costs.
Art. 8, al. 3, applies to facilities that are carried out at the request of the cantons and to serve as the predominant way of cantonal, regional or local interests.
The Confederation operates its payments according to the progress of the preliminary work and construction. It can grant advances to a reasonable interest on payments to do by the cantons or, in case of hardship, allocate loans. The federal Council shall set the terms of payment.

According to the AF of 21 June 1960 on the national roads network, in its latest versions being authentic (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 at the expense of the main roads article 12 the main road network after hearing the cantons, the federal Council sets the main roads network that benefits from contributions of the Confederation.
The main roads network includes lines of communication, important for Swiss or international traffic, which do not belong to the national road network.
In regions of the Alps and Jura, may be declared main roads including the improvement or construction are of particular importance for: a. through national or international traffic; (b) tourism development; c. maintaining or strengthening the economic structure of peripheral regions.

Apart from the regions of the Alps and the Jura, can be declared main roads: a. important roads of communication related to foreign roads of the same category; b. roads connecting national highways and the cities as well as the various parts or areas of the country; c. the access roads to the regions of the Alps and the Jura that connect the roads to these areas.

New content according to ch. II 17 of the Federal ACT of 6 October. 2006 on the reform of financial equalisation and Division of tasks between the Confederation and the cantons (RPT), in force since Jan. 1. 2008 (2007 5779 RO; FF 2005 5641).

Art. 13Contributions global delivery that the Confederation grants the cantons in the form of overall contributions.
The overall contributions are based on: a. the length of roads; b. the density of traffic, which includes damage to the environment; c. the altitude and the character of mountain road.

The federal Council weighs the criteria provided for in para. 2 and defined in percent shares of the cantons to annual credit. He hears the cantons before enacting the implementing provisions.

New content according to ch. II 17 of the Federal ACT of 6 October. 2006 on the reform of financial equalisation and Division of tasks between the Confederation and the cantons (RPT), in force since Jan. 1. 2008 (2007 5779 RO; FF 2005 5641).

Art. 14 and 15 repealed by section II 17 of the Federal ACT of 6 October. 2006 on the reform of financial equalisation and Division of tasks between the Confederation and the cantons (RPT), with effect from Jan 1. 2008 (2007 5779 RO; FF 2005 5641).

Art. 16 right of expropriation in their enforcement provisions, the cantons may prescribe that the expropriations will be according to the Federal law of June 20, 1930, on the expropriation. In this case, the right of expropriation, in the sense of art. 3, al. 2, of the said law, is granted.

RS 711 art. 17Construction, maintenance and operation the cantons build, maintain and operate the main roads. They use the overall contributions to accomplish these tasks.

New content according to ch. II 17 of the Federal ACT of 6 October. 2006 on the reform of financial equalisation and Division of tasks between the Confederation and the cantons (RPT), in force since Jan. 1. 2008 (2007 5779 RO; FF 2005 5641).

Chapter 4Contributions for transport infrastructure in the cities and in the towns of art. 17A goal Confederation makes contributions for transport infrastructure that make more efficient and more sustainable global system of transport in cities and towns.
The Federal Government contributions are made to support the development of infrastructure for the benefit of roads, rail and soft mobility.
Contributions can also be made for the corresponding measures taken abroad in the border regions.
The contributions of operations are excluded.

Art. 17b assigns the contributions of the Confederation are paid to the cantons for the agencies. These are made up according to cantonal law.
The federal Council designates the towns and cities entitled to contributions after hearing the cantons. It is based on the definition of the federal Office of statistics.
Contributions to rail infrastructure for agglomeration traffic are made to transport companies through financing instruments provided for in the legislation on the railways. The contribution to the Agency is reduced accordingly.

Art. 17 c Conditions of contributions may be paid if the authorities prove in the conurbation project that: a. the planned projects are part of a comprehensive transport planning and are harmonized with the transport networks of higher hierarchy and with the development of urbanization as it is fixed by the cantonal master plans; b. the planned projects respect the cantonal master plans; c. the residual financing investment for planned projects is duly guaranteed and inherent expenses operation and maintenance are bearable; d. investment for planned projects have a positive overall effect.

Art. 17 d amount of contributions contributions are calculated according to the overall efficiency of settlement projects. They amount to 50% of the expenses taken into account.
The overall efficiency is the ratio between the cost and the following objectives:

a. improvement of the quality of the public transport system; b. development of urbanization within the tissue bed; c. reduction of damage to the environment and use of resources; d. increased security of traffic.

Priority is given to the settlement projects that contribute to solving the most important transport and environmental problems.

Chapter 5 other contributions to the financing of technical measures Section 1 Contributions at the expense of the railways of connection of a private nature art. 18Principe the Confederation may provide contributions to the rail connectors construction costs of a private nature.
These contributions may not exceed 60% of the expenses taken into account.

New content according to ch. II 17 of the Federal ACT of 6 October. 2006 on the reform of financial equalisation and Division of tasks between the Confederation and the cantons (RPT), in force since Jan. 1. 2008 (2007 5779 RO; FF 2005 5641).

Art. 19 and 20 repealed by section II 17 of the Federal ACT of 6 October. 2006 on the reform of financial equalisation and Division of tasks between the Confederation and the cantons (RPT), with effect from Jan 1. 2008 (2007 5779 RO; FF 2005 5641).

Section 2 Contributions to the costs of promotion of combined transport and rail transport of road vehicles accompanied by art. 21 principle the Confederation allocates contributions to promote traffic combined and rail transport of accompanied road vehicles operating or investment.

Art. 22 amount of contributions contributions to the promotion of combined transport costs, for reasons of transport and environmental policy are granted insofar as the financial balance of exploitation cannot be reached.
Contributions at the expense of rail transport of accompanied road vehicles must allow for tariff cuts meeting the requirements of the transport and environmental policy.
After hearing the cantons, the federal Council assigns resources to investment contributions, given the technical needs and the degree of urgency.

Section 3...

Art. 23 and 24 repealed by section I 7 of the Federal ACT of 24 March 1995 on remediation 1994, with effect from Jan 1. 1996 (RO 1995 3517 5365, 1998 2308 art 1; FF 1995 I 85).

Section 4 Contributions to the costs of environmental protection measures required by article traffic 25 principle the Confederation allocates contributions to the costs of the measures of protection of the environment along the roads or, failing, of measures affecting buildings, which must be taken under the Federal law on the protection of the environment. In addition, she is involved at the expense of general environmental protection measures that are necessitated by motorized traffic, particularly at the expense of measures to remedy the damage forests and restore forests.

Art. 26 rate of contributions the contributions of the Confederation are determined according to the provisions of the Federal law on the protection of the environment.
The federal Council assigns resources contributions considering the technical requirements and the degree of urgency.
The Confederation allocates contributions to the costs of measures to remedy the damage to forests and to restore forests as these damages are attributable to motorized traffic.

Art. 27Relation with other shares and contributions during the construction and development of national roads and at the completion of the network of national roads such as it has been decided, the environmental protection measures referred to in art. 25 are an integral part of the project. In the case of the main roads, the costs of these measures are funded through the overall contributions.

New content according to ch. II 17 of the Federal ACT of 6 October. 2006 on the reform of financial equalisation and Division of tasks between the Confederation and the cantons (RPT), in force since Jan. 1. 2008 (2007 5779 RO; FF 2005 5641).
According to the AF of 21 June 1960 on the national roads network, in its latest versions being authentic (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 at the expense of landscape protection measures required by article traffic 28Principe the Confederation allocates contributions to the costs of the measures required by motorized traffic to maintain, preserve or restore landscapes to be protected, including historical monuments.

New content according to section I 8 of the Federal ACT of 19 Dec. 2003 on 2003 fiscal relief program, in effect since Jan. 1. 2005 (RO 2004 1633 4625 ch. II;) FF 2003 5091).

Art. 29 rate of contributions the contributions of the Confederation are determined according to the provisions of the Federal law on the protection of nature and the landscape and on the promotion of the conservation of historical monuments.
After hearing the cantons, the federal Council Awards, the means necessary for the contributions, given the technical needs and the degree of urgency.

Art. 30Relation with other shares and contributions during the construction and development of national roads and at the completion of the network of national roads such as it has been decided, the landscape protection measures referred to in art. 28 are an integral part of the project. In the case of the main roads, the costs of these measures are funded through the overall contributions.

New content according to ch. II 17 of the Federal ACT of 6 October. 2006 on the reform of financial equalisation and Division of tasks between the Confederation and the cantons (RPT), in force since Jan. 1. 2008 (2007 5779 RO; FF 2005 5641).
According to the AF of 21 June 1960 on the national roads network, in its latest versions being authentic (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 costs of protection works against the forces of nature along the road art. 31 principle the Confederation allocates contributions to costs for reforestation, the defense works against avalanches, landslides and falling rocks, the galleries, the embankments of torrents and corrections of rivers, which are necessary to protect against the forces of nature roads open to traffic motorized as well as railway facilities which during part of the year, absorb the traffic motor in place and place road.
It allocates contributions to the galleries and tunnels unless they serve to protect national highways or main roads.
She does not contribute to measures to protect the other roads themselves allocate (galleries moving tracks, tunnels, drainage, etc.).

Introduced by section I 8 of the Federal ACT of Dec. 19. 2003 on 2003 fiscal relief program, in effect since Jan. 1. 2005 (RO 2004 1633 4625 ch. II;) FF 2003 5091).
Introduced by section I 8 of the Federal ACT of Dec. 19. 2003 on 2003 fiscal relief program, in effect since Jan. 1. 2005 (RO 2004 1633 4625 ch. II;) FF 2003 5091).

Art. 32 rate of contributions the contributions of the Confederation are determined according to the provisions of the federal legislation on the forest law enforcement and police in the waters.
After hearing the cantons, the federal Council Awards, the means necessary for the contributions, given the technical needs and the degree of urgency.

Art. 33Relation with other shares and contributions during the construction and development of national roads and at the completion of the network of national roads such as it has been decided, the protection works against the forces of the nature referred to in art. 31 are an integral part of the project. In the case of the main roads, the costs of these works are funded through the overall contributions.

New content according to ch. II 17 of the Federal ACT of 6 October. 2006 on the reform of financial equalisation and Division of tasks between the Confederation and the cantons (RPT), in force since Jan. 1. 2008 (2007 5779 RO; FF 2005 5641).
According to the AF of 21 June 1960 on the national roads network, in its latest versions being authentic (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 measures other than technical art. 34 participation General the General participation in the costs of roads open to motor vehicles is determined by: a. the length of roads open to motor, without national road vehicles; b. the road expenses borne by the cantons.c. and d....

In the case of hardship, additional financial assistance may be granted to the cantons to low capacity financial or sparsely populated, for which the construction, renewal, the big maintenance, servicing or surveillance and regulation of the traffic by the police is a particularly heavy burden.
The federal Council hears the cantons before enacting the implementing provisions.
The cantons use these contributions to the driving tasks.


New content according to ch. II 17 of the Federal ACT of 6 October. 2006 on the reform of financial equalisation and Division of tasks between the Confederation and the cantons (RPT), in force since Jan. 1. 2008 (2007 5779 RO; FF 2005 5641).
New content according to ch. II 17 of the Federal ACT of 6 October. 2006 on the reform of financial equalisation and Division of tasks between the Confederation and the cantons (RPT), in force since Jan. 1. 2008 (2007 5779 RO; FF 2005 5641).
New content according to ch. II 17 of the Federal ACT of 6 October. 2006 on the reform of financial equalisation and Division of tasks between the Confederation and the cantons (RPT), in force since Jan. 1. 2008 (2007 5779 RO; FF 2005 5641).
Repealed by section II 17 of the Federal ACT of 6 October. 2006 on the reform of financial equalisation and Division of tasks between the Confederation and the cantons (RPT), with effect from Jan 1. 2008 (2007 5779 RO; FF 2005 5641).
New content according to ch. I-6 of the Federal ACT of 18 March 1994 on the remediation 1993, in effect since Jan. 1. 1995 (1994 1634 RO).
New content according to ch. II 17 of the Federal ACT of 6 October. 2006 on the reform of financial equalisation and Division of tasks between the Confederation and the cantons (RPT), in force since Jan. 1. 2008 (2007 5779 RO; FF 2005 5641).
Introduced by the c. II 17 of the Federal ACT of 6 October. 2006 on the reform of financial equalisation and Division of tasks between the Confederation and the cantons (RPT), with effect from Jan 1. 2008 (2007 5779 RO; FF 2005 5641).

Art. 35 contributions to the townships without highways...
The townships without highways receive annual amounts in respect of equalization. These amounts are calculated based on the length of roads open to motor vehicles and loads road of such townships.
When existing roads are integrated in the network of national roads, the annual amounts paid in respect of equalization are collected by the cantons concerned too long that no major development is done on roads within their territory.
The federal Council fixes the terms after hearing the cantons concerned.
The cantons use these contributions to the driving tasks.

New content according to ch. II 17 of the Federal ACT of 6 October. 2006 on the reform of financial equalisation and Division of tasks between the Confederation and the cantons (RPT), in force since Jan. 1. 2008 (2007 5779 RO; FF 2005 5641).
Repealed by no II 17 of the Federal ACT of 6 October. 2006 on the reform of financial equalisation and Division of tasks between the Confederation and the cantons (RPT), with effect from Jan 1. 2008 (2007 5779 RO; FF 2005 5641).
New content according to ch. II 17 of the Federal ACT of 6 October. 2006 on the reform of financial equalisation and Division of tasks between the Confederation and the cantons (RPT), in force since Jan. 1. 2008 (2007 5779 RO; FF 2005 5641).
Introduced by section III of the Federal ACT of 22 March 2013, in force since Jan. 1. 2016 (2015 2259 RO; FF 2012 593).
Introduced by the c. II 17 of the Federal ACT of 6 October. 2006 on the reform of financial equalisation and Division of tasks between the Confederation and the cantons (RPT), in force since Jan. 1. 2008 (2007 5779 RO; FF 2005 5641).

Chapter 7 road account and research routes art. 36 road in the federal Council did establish a road account indicating, on the one hand, attributable revenue that governments draw the traffic of motor vehicles, and, on the other hand, the costs of this traffic.
If the federal Council so requires, the cantons are required to provide the documents necessary for the establishment of the account.

Art. 37 research roads the Confederation encourages research and studies relating to the construction and maintenance of roads, the effects of road traffic and other tasks in relation to road traffic.

Title air 3Trafic Chapter 1 provisions general art. 37a distribution of funds after deduction of the expenses for her collaboration in the execution of this Act, the Federal Government will use the proceeds of the tax on mineral oils affected in accordance with art. 86, al. 3, of the Constitution to air traffic, according to the following key: a. at the rate of a quarter for contributions to the costs of the measures of environmental protection air traffic made necessary; (b) at the rate of a quarter for contributions to the costs of security measures designed to protect aviation against offences, including terrorist attacks and aircraft hijackings , provided that these measures are not public authorities; c. at one-half for contributions to the costs of the measures to promote a level high technical safety in air traffic.

The federal Council sets: a. the period during which the average of earmarked contributions to various business sectors must match the allocation key; (b) the conditions to which it may be temporarily waived the allocation key.

The federal Office of civil aviation (FOCA) distributes the contributions within a sector of activity. It sets in advance the priorities and means to this end interested circles.

Art. 37b grant of zero contributions cannot claim a right to the granting of contributions.
Contributions are granted within the limits of available resources.
The federal Council sets out the criteria for granting contributions and regulates the procedure.

Art. 37 c contributions the federal Council fixed for each sector of activity referred to in art. 37d, 37e and 37f, let. b to d, the maximum participation of the Confederation at the expense of a measure supported. This participation may not exceed 80%.
The federal Council regulates the calculation of contributions; It defines in particular costs to be considered and the criteria on the basis of which the FOCA determines the amount of contributions in the present case.

Chapter 2 Contributions art. 37d Environmental Protection in order to limit the impact of air traffic on the environment, the Confederation may grant contributions to the costs of the measures and activities below, as long as their funding is not provided by other sources: a. measures to protect the population from the effects of the noise caused by air traffic; b. measures to protect the population against the effects of emissions of polluting substances of aviation infrastructure and aircraft; c. measures adaptation of the aircraft to protect the population against the emissions of noise and pollutants; d. research on the impact of air traffic on the environment; e. observation and assessment of the impact of air traffic on the environment f. development of flight procedures respectful of the environment, as well as training and development with a view to their application; g. measures of ecological compensation on the airfields.

Art. 37th Protection against offences the Confederation may grant contributions to the costs of the measures and activities below designed to protect traffic violations: a. control and monitoring of passengers, baggage, cargo and aircraft baggage; b. measures to protect infrastructure and aircraft against any physical or electronic; c. training of personnel of security at airfields; d. research development and quality assurance measures.

Art. 37F security in order to promote a high level of safety in air traffic, the Confederation may grant contributions: a. the financing of control services of approach and departure on the air navigation service with Swiss airfields; (b) at the expense of programs of prevention of accidents in the air traffic and the costs of research and development projects; c. at the expense of the construction measures; d. at the expense of development of technical systems; e. costs for training and development.

4 provisions title finals art. 38 running the federal Council is responsible for the delivery; it enacts the enforcement provisions and particularly regulates the procedure for the granting of shares and federal contributions as well as the return of shares and contributions unduly affected. Rather than rely on actual costs, it may fix packages.

Art. 39 repeal of existing provisions are repealed: 1. the federal decree of 23 December 1959 on the use of the proceeds from admission fees on fuels for road; 2 constructions. the federal decree of 17 March 1972 concerning the financing of roads national; 3. the federal decree of February 21, 1964, regarding contributions to the costs of removal of level crossings or the adoption of safety measures.

[RO 1960 396, 1972 604, 1977 2249 ch. I 822, 1984 1122 art. 66 No. 2 1962 7 art. 4]
[RO 1972 659, 1975 1709 1977 2249 ch. I 821]
[RO 1964 1280, 1977 2249 ch. I 823]

Art. 40 amendment of provisions in force.

The mod. can be found at the RO 1985 834.

Art. Transitional provisions 41


This Act must be applied with retroactive effect, upon the coming into force of art. 36, al. 4, and 36 of the constitution on the following contributions to the cantons: a. for the operation and maintenance of national roads (art. 36, para. 4, cst.); b. participation at the expense of roads open to the motor vehicles and to the financial adjustment in the road sector (art. 36, para. 1, let. e, cst.); c. subsidies to the cantons with Alpine roads that serve international traffic and those who are devoid of national highways (art. 36, para. 1, let. f, cst.).

Confederation without requiring the service of interest on the amounts that have been advanced to the cantons since the entry into force of the art. 36 and 36 to safeguard their rights acquired; the advances are charged to the provision.

[1 3 RS; RO 1958 800, 1983-445, 1994-267, 1996-1491]. Currently, see art. 83, 86 and 131, al. 1, let. e, and al. 2 of the Constitution from 18 Apr. 1999 (RS 101).

Art. Transitional 41aDisposition of March 19, 1999 the new law change applies to all commitments for the payment of contributions (Basic, complementary and partial grants) made after its entry into force.

Introduced by the ch. I-7 of the Federal ACT of 19 March 1999 on the 1998 stabilization program, in effect since Sept. 1. 1999 (RO 1999 2374 2385; FF 1999 3).

Art. Transitional 41bDisposition of the amendment of October 6, 2006 if the realization of projects of development and maintenance on the national roads extends beyond the entry into force of the amendment of October 6, 2006, the old law applies to costs accumulated up to the time of the entry into force.
Costs of infrastructure used to manage and control the heavy traffic of goods across the Alps may be supported entirely and retroactively by the Confederation.
The old law applies to the projects of construction of main roads in progress and not yet completed at the time of the entry into force of the amendment of October 6, 2006.
The cantons with projects of construction within the meaning of para. 3 receive global contributions according to art. 13 to the extent where the contributions to the financing of technical measures are lower than the overall contribution which is attributed to them.
The Confederation may participate in the costs of social of the townships plans if these costs are the result of changes in skills in the field of national roads. The cantons have one year from the date of the entry into force of the amendment of October 6, 2006 to file their applications. The federal Council shall regulate the participation.

Introduced by the c. II 17 of the Federal ACT of 6 October. 2006 on the reform of financial equalisation and Division of tasks between the Confederation and the cantons (RPT), in force since Jan. 1. 2008 (2007 5779 RO; FF 2005 5641).
2007 5795 Art. RO 42 referendum and entry into force the present law is subject to optional referendum.
It takes effect on January 1, 1985.

RO 1985 834 new content according to chapter I of the Federal ACT of 18 March 2011, in effect since August 1, 2011 (RO 2011 3467; FF 2010 5937).
Abbreviation introduced by chapter I of the Federal ACT of 19 March 1999, in force since Jan. 1. 2000 (RO 1999 2202; FF 1998 4689).
This disp. corresponds to art. 37 of the Constitution of May 29, 1874 (RO 1958 800) this disp. corresponds to art. 36 of the Constitution of May 29, 1874 (RO 1958 800, 1983 444) this disp. corresponds to art. 36 of the Constitution of May 29, 1874 (RO 1983 444, 1996-1491) RS 101 new content according to ch. II 17 of the Federal ACT of 6 October. 2006 on the reform of financial equalisation and Division of tasks between the Confederation and the cantons (RPT), in force since Jan. 1. 2008 (2007 5779 RO; FF 2005 5641) FF 1984 I 993 new content according to chapter I of the Federal ACT of 18 March 2011, in effect since August 1, 2011 (RO 2011 3467; FF 2010 5937).
Introduced by chapter I of the Federal ACT of 18 March 2011, in effect since August 1, 2011 (RO 2011 3467; FF 2010 5937).
New content according to chapter I of the Federal ACT of 18 March 2011, in effect since August 1, 2011 (RO 2011 3467; FF 2010 5937).
New content according to ch. II 17 of the Federal ACT of 6 October. 2006 on the reform of financial equalisation and Division of tasks between the Confederation and the cantons (RPT), in force since Jan. 1. 2008 (2007 5779 RO; FF 2005 5641). Formerly Chapter 3.
Formerly Chapter 4. New content according to ch. II 17 of the Federal ACT of 6 October. 2006 on the reform of financial equalisation and Division of tasks between the Confederation and the cantons (RPT), in force since Jan. 1. 2008 (2007 5779 RO; FF 2005 5641).
Formerly Chapter 4 has. Introduced by the c. II 17 of the Federal ACT of 6 October. 2006 on the reform of financial equalisation and Division of tasks between the Confederation and the cantons (RPT), in force since Jan. 1. 2008 (2007 5779 RO; FF 2005 5641).
New content according to ch. II 17 of the Federal ACT of 6 October. 2006 on the reform of financial equalisation and Division of tasks between the Confederation and the cantons (RPT), in force since Jan. 1. 2008 (2007 5779 RO; FF 2005 5641).
Introduced by chapter I of the Federal ACT of 18 March 2011, in effect since August 1, 2011 (RO 2011 3467; FF 2010 5937).
Formerly Chapter 8 status January 1, 2016

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