¹ The Federal Institute of Metrology (Institute) is a public law institution of the Confederation with legal personality. It shall be entered in the trade register.

² It is autonomous in its organisation and management and maintains its own accounts. It is managed according to the principles of the enterprise economy.

³ The Federal Council shall determine the social reason and the seat of the Institute.

¹ Through the Institute, the Confederation pursues the following objectives:

A.

Ensure that the measures necessary for the protection of persons and the environment are carried out correctly and in accordance with the legal provisions;

B.

Make available to the Swiss economic sector, Swiss research and the Swiss administration the infrastructure and skills required for metrology.

² To this end, the Institute shall carry out the tasks referred to in Art. 3 and may provide commercial benefits under s. 25.

¹ The Institute is the national metrology institute of Switzerland.

² It has the following tasks:

A.

Make available with the required accuracy of internationally recognized units of measurement;

B.

Compare, at appropriate intervals, standards with those of other national metrology institutes or comparable institutions;

C.

Broadcast Swiss legal time;

D.

Undertake the necessary technical and scientific work and development work, analyse, in particular, the consequences of new techniques and develop methods of measurement with practical application and responding to the state of the art. More recent scientific knowledge;

E.

Carry out the tasks conferred on it by the Federal Act of 17 June 2011 on metrology ¹ ;

F.

Participating in technical cooperation in the field of metrology;

G.

Advising federal authorities in the field of metrology;

H.

Ensure the traceability of the standards of the cantonal implementing bodies;

I.

Disseminate the units of measure referred to in the letter. Has by calibrations and using reference materials.

³ The Institute is involved in the development of legislation in the areas set out in para. 2.

⁴ The Federal Council may authorise the Institute to represent the Confederation in international organisations and associations for matters concerning metrology.

⁵ It may assign other tasks to the Institute for compensation in accordance with the objectives set out in s. 2.

¹ In carrying out the tasks provided for in Art. 3, para. 2, let. A to d, the Institute may participate in the work of national or international organizations and collaborate with the national metrology institutes of foreign countries.

² The Institute may entrust the tasks provided for in Art. 3, para. 2, let. A to d, to persons of public law or private law. The Federal Council regulates the requirements, rights and obligations of these persons, as well as their supervision.

³ The Federal Council may conclude international treaties on membership or participation in foreign or international organizations or companies under public law or private law established for the cooperation provided for in para. 1.

⁴ The Confederation may make contributions to the research programmes of the organizations and societies referred to in para. 3.

The organs of the Institute are:

A.

The Council of the Institute

B.

Management;

C.

The review body.

¹ The Board of the Institute is composed of five to seven qualified members.

² The Federal Council appoints the President and the other members for a four-year term. Their mandate is renewable twice.

³ The Federal Council may remove members of the Board from the Institute for just cause.

⁴ The members of the Board of the Institute shall carry out their duties and obligations with due diligence and faithfully ensure the interests of the Institute. The Board of the Institute takes organizational measures to defend the interests of the Institute and to avoid conflicts of interest.

The Federal Council shall fix the allowances of the members of the Board of the Institute. Art. 6 A The Act of 24 March 2000 on the Personnel of the Confederation (LPers) ¹ Is applicable.

The Board of the Institute is the supreme governing body of the Institute. Its tasks are as follows:

A.

Ensure the implementation of the strategic objectives of the Federal Council and submit an annual report on their implementation;

B.

Enacting the rules of organisation;

C.

Issuing a personnel order, subject to approval by the Federal Council, which regulates remuneration, ancillary benefits and other contractual conditions;

D.

Enter into the contract of affiliation with the Federal Pension Fund (PUBLICA), subject to the approval of the Federal Council;

E.

Determine the composition, election procedure and organisation of the joint body of the provident institution;

F.

Forward to the Federal Council applications for compensation submitted to the Confederation;

G.

Establish, for each financial year, a management report which consists of the annual accounts (profit, balance sheet, annex) and the annual report and submit it for approval by the Federal Council before publication with a proposal relating to The use of a potential benefit;

H.

Adopt the research and development agenda, medium-term planning and budget;

I.

Decide, on the proposal of the Director, the conclusion, modification and termination of the work reports of the other members of the Directorate;

J.

Monitoring management and establishing an internal control and risk management system;

K.

Determine the allocation of reserves, subject to s. 20.

¹ Management is composed of the Director and several other members. It is led by the Director.

² The Federal Council shall decide on the conclusion, modification and termination of the Director's working reports.

¹ Management is the executive body. This includes the following tasks:

A.

Respond to management and report regularly to the Board of the Institute without delay when warranted by specific circumstances;

B.

Prepare the necessary documents for decisions of the Council of the Institute;

C.

To make decisions;

D.

Represent the Institute with third parties;

E.

Decide, subject to s. 8, let. I, and 9, para. 2, the conclusion, modification and termination of the staff working reports of the Institute;

F.

Carry out all tasks not assigned to another body by this Law.

² The rules of procedure shall lay down the arrangements.

³ The Director shall participate in the meetings of the Board of the Institute with a consultative voice and may make proposals. It may involve other employees of the Institute in the event of need.

¹ The Federal Council appoints the review body. It can revoke it.

² The provisions of the law of the limited company (art. 727 ss CO ¹ ) Apply by analogy to the revision.

³ The review body shall submit a report on the outcome of its audit to the Council of the Institute and the Federal Council. The Federal Council may have specific facts checked by the review body.

¹ Management and other staff are subject to the NWPA ¹ .

² The Institute is deemed to be an employer within the meaning of s. 3, para. 2, LPers.

¹ The management and the rest of the staff are affiliated with PUBLICA in accordance with the provisions of Art. 32 A To 32 M LPers ¹ .

² The Institute is deemed to be an employer within the meaning of s. 32 B , para. 2, LPers.

The Institute finances its activities by:

A.

Emoluments;

B.

The allowances allocated by the Confederation;

C.

Third-party funds.

The Institute shall collect emoluments for its decisions and services.

The Confederation allocates annual contributions to the Institute to compensate the tasks referred to in Art. 3, para. 2, let. A to h, et al. 3 to 5.

¹ The Institute may accept funds from third parties as long as it is compatible with its independence, tasks and goals.

² The Institute shall procure funds from third parties, in particular by:

A.

Revenues from commercial benefits under s. 25;

B.

Contributions from research programs.

¹ The Federal Administration of Finance (AFF) manages the liquidity of the Institute in the context of central treasury.

² It grants loans to the Institute on the terms of the contract in order to ensure the payments necessary for the performance of the tasks entrusted to it.

³ The terms and conditions are set out in a contract between the Institute and the AFF.

¹ The accounts of the Institute shall be established in such a way as to present in a comprehensive manner the actual state of wealth, financing and products.

² They are based on the principles of materiality, comprehensiveness, comprehensibility, clarity, permanency of presentation and gross product, and are based on generally accepted standards.

³ The rules for recording the balance sheet and the evaluation rules arising from the principles for the presentation of accounts are set out in the Annex to the annual accounts.

⁴ The operating accounts must be established in such a way as to allow the details of the charges and the products of the various services to be detailed.

⁵ The Federal Council may make requirements concerning the holding of the accounts of the Institute.

The Federal Council may decide to set up reserves for the financing of future investments.

The Institute is exempt from federal, cantonal and communal taxation for non-commercial benefits. The federal law is reserved for:

A.

Value added tax;

B.

Tax in advance.

¹ The Confederation attributes to the Institute the usufruct of the lands it uses. These lands remain the property of Confederation and are maintained by it.

² The Confederation receives reasonable compensation from the Institute for the use of land.

³ The constitution of the usufruct and the manner in which the land is used shall be governed by a contract of public law between the Confederation and the Institute.

The Federal Council sets the strategic objectives of the Institute every four years; these objectives are binding. It shall ensure that the Council of the Institute is heard in advance.

¹ The Institute is subject to oversight by the Federal Council.

² The Federal Council exercises its monitoring and control function, in particular by the following functions:

A.

Appointing or revoking the President and other members of the Institute;

B.

Deciding on the conclusion, modification and termination of the Director's working reports;

C.

Appointing or revoking the review body;

D.

Approving the Personnel Order and the affiliation agreement with PUBLICA;

E.

Approving the management report and deciding on the use of a possible benefit;

F.

Giving discharge to the Council of the Institute;

G.

By ensuring that strategic objectives have been met annually.

³ The Federal Council has a right of scrutiny of the records of the Institute and may require information on its activity.

⁴ The legal powers of the Federal Audit Office and the high supervision of Parliament are reserved.

¹ The Institute may provide commercial benefits to third parties provided that such benefits meet the following conditions:

A.

Be closely linked to its core tasks;

B.

Not interfere with the performance of its core tasks;

C.

Do not require significant additional material and human resources.

² In particular, the Institute may:

A.

Carrying out advisory and expert activities;

B.

To make instruments of measurement, buildings, or lands available to third parties or to grant them rights to them.

³ Commercial benefits must be invoiced at prices that at least cover the costs and operating accounts must be designed so that the costs and revenues of each of the commercial benefits appear. Cross-subsidy of trade benefits is prohibited.

⁴ For its commercial benefits, the Institute is subject to the same rules as private providers.

The following laws are amended as follows:

... ¹

¹ The Federal Council shall decide when the Institute shall acquire legal personality. As of that date, the Institute shall replace the Federal Office of Metrology, take over the existing legal reports and revise them if necessary.

² The Federal Council specifies the rights, obligations and values transferred to the Institute and approves the related inventory. It fixes the date on which the transfer takes effect and approves the opening balance sheet.

³ The Federal Council shall take all measures necessary for the transfer, enact the corresponding provisions and take the necessary decisions. In particular, it may make available to the Institute the appropriations and benefits provided for the Federal Office of Metrology in the budget of the Confederation, insofar as the Institute does not yet have the necessary resources to The performance of its tasks upon the entry into force of this Law.

⁴ Registrations in the Land Register, the Register of Commerce and other public registers related to the establishment of the Institute shall be exempt from taxes.

⁵ The AFF may grant loans to the Institute for its establishment in accordance with Art. 18, para. 2.

⁶ The Act of 3 October 2003 on the merger ¹ Not applicable to the creation of the Institute.

¹ Staff working reports of the Federal Office of Metrology shall be transferred to the Institute at the time at which the Institute acquires legal personality and is governed by its rules as from the date of transfer. The appointment of members of management is reserved (art. 8, let. I, and 9, para. 2).

² Personnel may not exercise any right to maintain a function, work area or integration within the organization. On the other hand, the right to an earlier wage remains for one year, provided that the working report is maintained and that there is no need to reduce salary on the basis of personal assessments.

¹ The Institute is the competent employer for beneficiaries of annuities who meet the following conditions:

A.

Administered by the Federal Office of Metrology;

B.

The payment by PUBLICA of their old-age, invalidity or survivors' pensions arising from occupational foresight began before the entry into force of this Law.

² The Institute shall also be deemed to be the competent employer where a disability pension commences after the entry into force of this Act but the incapacity for work at the source of the disability has occurred at an earlier date.

¹ This Law shall be subject to the referendum.

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