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RS 172.217.1 Order of 6 December 1999 on the organisation of the Federal Department of the Environment, Transport, Energy and Communication (Org DETEC)

Original Language Title: RS 172.217.1 Ordonnance du 6 décembre 1999 sur l’organisation du Département fédéral de l’environnement, des transports, de l’énergie et de la communication (Org DETEC)

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172.217.1

Order on the organization of the Federal Department of the Environment, Transport, Energy and Communication

(Org DETEC)

On 6 December 1999 (State 1 Er February 2015)

The Swiss Federal Council,

See art. 43, para. 2, of the Federal Act of 21 March 1997 on the Organisation of Government and Administration (LOGA) 1 ; see art. 28 of the Order of 25 November 1998 on the Organisation of Government and Administration (OLOGA) 2 ,

Stops:

Chapter 1 Department

Art. 1 Objectives and areas of activity

1 In its policy areas, the Federal Department of Environment, Transport, Energy and Communication (DETEC) contributes to the sustainable development of Switzerland.

2 It has the following objectives:

A.
Protect and conserve natural resources (ecological aspect);
B.
In the interests of the population and the economy, offer attractive services in the fields of transport, energy, water, postal services, telecommunications and electronic media (economic aspect);
C.
Ensure the same conditions for access to natural resources and public services for all population groups and in all regions; ensure the protection of people from harm and health (social aspect).

3 The DETEC manages the following areas of activity:

A.
Land, river and air transport;
B. 1
Inventory and use of water resources;
C.
Energy supply;
D.
Postal services, electronic media and telecommunications;
E. 2
Sustainable management of natural resources;
F.
Protection from natural hazards;
G. 3
Organization and development of the territory.

1 New content according to the c. I of the O of 26 Oct. 2005, in force since 1 Er Jan. 2006 ( RO 2005 5441 ).
2 New content according to the c. I of the O of 26 Oct. 2005, in force since 1 Er Jan. 2006 ( RO 2005 5441 ).
3 Introduced by c. I of O du 18 oct. 2000, in force since 1 Er Nov 2000 ( RO 2000 2611 ).

Art. 2 Principles Governing the Activities of the DETEC

The DETEC pursues its objectives and activities while respecting the general principles governing administrative activity (art. 11 OLOGA) and the following principles:

A.
Working closely with the cantons and municipalities as well as with the economic sector and the social partners;
B.
It respects the principle of subsidiarity and ensures administrative simplicity and the speed of procedures;
C.
It is investing, irrespective of the field of activity, for better harmonisation at international, but above all European, level.
Art. 3 1 Objectives of the administrative units

Objectives set out in s. 6 to 12 A Constitute for the administrative units of the DETEC the guidelines used to carry out the tasks and the exercise of the powers which are laid down by the federal legislation.


1 New content according to the c. I of O du 18 oct. 2000, in force since 1 Er Nov 2000 ( RO 2000 2611 ).

Art. 4 Cooperation

In carrying out their tasks, the administrative units represent Switzerland in international organisations, participate in the work of expert groups at national and international level, prepare and implement the Treaties In the framework of the objectives of Swiss foreign policy and in agreement with other federal departments and offices.

Chapter 2 Offices and Other Units of the Federal Government

Section 1 General Secretariat

Art. 5

1 The General Secretariat shall carry out the functions defined in Art. 42 LOGA and the following core functions:

A.
Preparation and implementation of decisions taken by the Chief of the DETEC;
B.
Strategy, planning, operational control and coordination;
C.
Information development and planning and communication management;
D.
Resource and logistics management;
E.
Case law, law enforcement and legal advice; follow-up of legislative work within the DETEC.

2 In addition, it defends the interests of owners in the face of public or semi-public enterprises. 1


1 New content according to the c. II 3 of annex 2 to the O of 29 August 2012 on the post, in force since 1 Er Oct. 2012 ( RO 2012 5009 ).

Section 2 Offices

Art. 6 Federal Transportation Agency

1 The Federal Office for Transport (OFT) is the competent authority for all matters relating to terrestrial public transport.

2 In accordance with its political mandate, it has the following objectives:

A.
Increase the share of land-based public transport by offering attractive and responsive services (national passenger transport);
B.
To ensure the connection of the Swiss rail network to the European high-speed train network (international passenger transport);
C.
Increase the share of rail freight traffic by promoting the transfer of the road to rail for long-haul routes and traffic across the Alps;
D.
Adapting the railway infrastructure to the new requirements by making optimum use of existing capacities and building new lines;
E.
Increase the efficiency of public transport;
F.
Guarantee the safety of transport (train, bus, tram, boat or cable) regulated by a federal concession or authorisation, in particular through the monitoring of installations and vehicles of public transport undertakings;
G. 1
Harmonise technical standards and safety standards for navigation on the Rhine within the framework of international cooperation.

3 In this context, the OFT has the following functions:

A. 2
Preparing and implementing decisions for a coherent policy on public transport, with the exception of aviation and road construction;
A Bis . 3 Preparing and implementing decisions for a coherent policy in the field of inland waterways and high tonnage navigation in connection with the sea;
B.
Treat all the benefits ordered from FCFs and all other transportation companies;
C.
Harmonise Swiss and European policies and regulations on public transport and access to the road transport market;
D.
Manage the admission of road transport undertakings (passenger and freight traffic).

1 Introduced by c. I of the O of 26 Oct. 2005, in force since 1 Er Jan. 2006 ( RO 2005 5441 ).
2 New content according to the c. I of the O of 26 Oct. 2005, in force since 1 Er Jan. 2006 ( RO 2005 5441 ).
3 Introduced by c. I of the O of 26 Oct. 2005, in force since 1 Er Jan. 2006 ( RO 2005 5441 ).

Art. 7 Federal Office of Civil Aviation

1 The Federal Office for Civil Aviation (OFAC) is the competent authority for all matters relating to public and private civil aviation.

2 In accordance with its political mandate, it has the following objectives:

A.
Ensure a high level of safety in Swiss civil aviation;
B.
To ensure an attractive and responsive tender in the field of civil aviation by enhancing the competitiveness of Swiss air transport companies at national and international levels;
C.
To ensure that Switzerland plays an active role in international air transport in the long term.

3 In this context, OFAC has the following functions:

A.
Preparing and implementing decisions for a coherent policy in the field of Swiss civil aviation;
B.
Monitoring and issuing authorizations for infrastructure, equipment and aeronautical personnel and air carriers;
C.
Directing civil aviation services on a strategic level;
D.
Negotiating and applying international treaties to secure traffic rights in international air transport;
E.
To order and monitor security measures to prevent attacks against civil aviation.
Art. 8 1

1 Repealed by c. I of the O of 26 Oct. 2005, with effect from 1 Er Jan. 2006 ( RO 2005 5441 ).

Art. Federal Office of Energy

1 The Federal Office for Energy (OFEN) is the competent authority for all aspects of energy supply and energy use.

2 In accordance with its political mandate, it has the following objectives:

A.
To create the conditions for a sufficient, diversified, safe, economical and low-polluting energy supply;
B.
Optimize the use of energy and the share of renewable agents;
C. 1
Ensure a high level of safety in the areas of nuclear energy use, accumulation, transmission and distribution of electricity, as well as liquid or gaseous fuels and fuels;
D.
Increase the efficiency of energy supply while at the same time maintaining the competitiveness of energy supply companies.

3 In this context, the OFEN has the following functions:

A.
Preparing and implementing decisions for a coherent energy policy, in particular as regards the preparation and implementation of legislative acts and energy policy programmes;
A Bis . 2 Prepare and implement decisions for a coherent policy in the field of the use of hydraulic power, including pumping;
B.
Encourage the efficient and rational use of energy and renewable agents through research and development projects, pilot and demonstration facilities, financial support and advice, as well as Promotion of voluntary measures;
C.
Study energy economics and technology;
D. 3
Preparing and granting authorities;
E.
Authorize and monitor pipeline transport facilities;
F.
Authorizing electrical installations to the extent that they do not fall within the scope of the Federal Inspection of High-Power Installations;
G. 4
Monitor the safety of storage structures.

1 New content according to the c. I of the O of 26 Oct. 2005, in force since 1 Er Jan. 2006 ( RO 2005 5441 ).
2 Introduced by c. I of the O of 26 Oct. 2005, in force since 1 Er Jan. 2006 ( RO 2005 5441 ).
3 New content according to the c. 5 of the annex to the O of 12 Nov 2008 on the Federal Nuclear Safety Inspectorate, in force since 1 Er Jan 2009 ( RO 2008 5747 ).
4 Introduced by c. I of the O of 26 Oct. 2005, in force since 1 Er Jan. 2006 ( RO 2005 5441 ).

Art. 10 Federal Roads Office

1 The Federal Roads Office (OFROU) is the competent authority for road infrastructure and individual road transport.

2 In accordance with its political mandate, it has the following objectives:

A.
Complete construction and ensure the conservation of a network of national roads meeting the criteria of safety, capacity and cost-effectiveness;
B.
To ensure the operation of the network of national roads and its integration into the European road network;
C.
Ensure that persons and vehicles have access to road traffic;
D.
Improve the safety of all participants in road traffic and their vehicles;
E.
To reduce environmental damage caused by road traffic.

3 In this context, OFROU performs the following functions:

A.
Preparing and implementing decisions for a coherent national and international policy in the areas of road traffic, including the transport of goods, and safety, in particular with regard to construction, The maintenance and operation of national roads, the application of the regulations on the use of the tax share on mineral oils intended for road traffic, the requirements for vehicles and persons participating in the Traffic, the behaviour of road users, pedestrian and hiking trails Walking, cycling paths and historic routes (slow traffic);
B. 1
Build, maintain and operate national roads and carry out high surveillance on the completion of their network as decided and on roads of national importance.
C.
... 2

4 The OFROU has standing to appeal to the Federal Court against decisions in the last cantonal instance concerning road traffic legislation. The cantonal authorities are required to notify them of these decisions. In its field of competence, the OFROU is also empowered to appeal against the decisions of the Federal Administrative Tribunal relating to the law of public procurement. 3 4


1 New content according to the c. II 2 of annex 4 to the O of 7 Nov 2007 on national roads, in force since 1 Er Jan 2008 ( RO 2007 5957 ).
2 Repealed by c. II 12 of O of 8 nov. 2006 (Full review of the federal procedure), with effect from 1 Er Jan 2007 ( RO 2006 4705 ).
3 Phrase introduced by ch. II 2 of annex 4 to the O of 7 Nov 2007 on national roads, in force since 1 Er Jan 2008 ( RO 2007 5957 ).
4 Introduced by ch. II 12 of O of 8 nov. 2006 (Full review of the federal procedure), effective from 1 Er Jan 2007 ( RO 2006 4705 ).

Art. 11 Federal Communications Office

1 The Federal Communications Office (OFCOM) is the competent authority for all matters relating to telecommunications, electronic means of individual or mass communication and the postal sector. 1

2 In accordance with its political mandate, it has the following objectives:

A.
Ensuring throughout the country a universal service that takes account of the requirements of the information society, the diversity of journalistic services and political information, while encouraging cultural pluralism;
B.
Enabling effective competition to increase the competitiveness of telecommunications services.
C. 2
To guarantee throughout the country a universal service comprising payments-related services.

3 In this context, OFCOM has the following functions:

A.
To prepare and implement decisions for a coherent policy in the field of communication, in particular with regard to the monitoring of radio and television concessions and the financial control of the Swiss Society of Broadcasting and television and the collection of radio-television charges;
B.
To ensure the allocation of frequencies as well as the Swiss rights of use and orbital positions of telecommunications satellites, in particular the planning and management of frequencies, and the granting and monitoring of Concessions for telecommunications and radiocommunication services;
C.
Ensure that telecommunications facilities comply with the technical requirements, as part of market access procedures, and monitor the market in this field;
D.
Prepare decisions on behalf of the Federal Communications Commission (s. 16), in particular with regard to the plans for the allocation of frequencies, the granting of addressing resources, number portability, the granting of concessions to telecommunications service providers, the "carrier selection" and Interconnection;
E. 3
To ensure compliance of electrical and fixed installations with electromagnetic compatibility requirements and to monitor the market in this field.
F. 4
Preparing decisions to ensure a consistent policy in the postal sector;
G. 5
Perform tasks related to indirect assistance to the press.

1 New content according to the c. II 3 of annex 2 to the O of 29 August 2012 on the post, in force since 1 Er Oct. 2012 ( RO 2012 5009 ).
2 Introduced by c. II 3 of annex 2 to the O of 29 August 2012 on the post, in force since 1 Er Oct. 2012 ( RO 2012 5009 ).
3 Introduced by c. II 1 of annex 3 to the O of 18 nov. 2009 on electromagnetic compatibility, in force since 1 Er Jan 2010 ( RO 2009 6243 ).
4 Introduced by c. II 3 of annex 2 to the O of 29 August 2012 on the post, in force since 1 Er Oct. 2012 ( RO 2012 5009 ).
5 Introduced by c. II 3 of annex 2 to the O of 29 August 2012 on the post, in force since 1 Er Oct. 2012 ( RO 2012 5009 ).

Art. 12 1 Federal Office of the Environment

1 The Federal Office for the Environment (OFEV) is the competent authority for the environment.

2 In accordance with its political mandate, it has the following objectives:

A.
To safeguard and sustainably use natural resources (soil, water, forests, air, climate, biodiversity and diversity of landscapes) and to repair the damage they have suffered;
B.
Protect humans from excessive pollution (including noise, harmful organisms and harmful substances, non-ionizing radiation, waste, contaminated sites and major accidents);
C.
Protect human beings and property of significant value from hydrological and geological hazards, including the dangers of floods, earthquakes, avalanches, landslides, various forms of erosion and falling Stones.

3 In this context, OFEV performs the following functions:

A.
Prepare and implement decisions for a comprehensive and coherent policy on the sustainable management of natural resources, in particular as regards the sustainable exploitation of natural resources, the protection of human beings from hazards Natural and environmental protection against excessive pollution;
B.
With a view to the management of resources, to observe the evolution of the environment and to provide information on its state and the means to strike the right balance between the exploitation and protection of natural resources;

1 New content according to the c. I of the O of 26 Oct. 2005, in force since 1 Er Jan. 2006 ( RO 2005 5441 ).

Art. 12 A 1 Federal Office for Territorial Development

1 The Federal Office for Territorial Development (ARE) is the competent authority for spatial planning and for transport coordination and sustainable development issues.

2 In accordance with its political mandate, it has the following objectives:

A.
Promoting sustainable development;
B.
Ensure the wise and measured use of the soil and the rational occupation of the territory and create the conditions for the spatial integration of Switzerland into Europe;
C.
Reconciling the requirements of protection and land use;
D.
Strengthen the urban network and structure urban centres;
E.
Develop links between the city and the countryside and take into account the interests of rural areas;
F.
Coordinate modes of transport.

3 In this context, the AER has the following functions:

A.
Developing bases and strategies in the areas of territorial development, transport coordination and sustainable development;
B.
Ensures that, in carrying out the tasks of Confederation, the principles of sustainable development are taken into account in the weighing of interests and supports efforts to protect and, if necessary, restore the landscape;
C.
It provides federal coordination of activities that affect the organization of the territory and transportation. In particular, it participates in the development of sectoral designs and plans of the Confederation; it draws up the basic data on transport planning and policy necessary for a coordinated transport policy. Confederation; it ensures that the principle of sustainable development is better taken into account in the sectoral policies of the Confederation;
D.
In its field, it collaborates in particular with the cantons in the spirit of a partnership;
E.
Taking an active part in the structuring of urban centres and agglomerations and contributing to compensation measures in rural areas;
F.
It seeks international collaboration, participates in European coordination bodies and assumes responsibility within the federal administration on the one hand, on the one hand, from transnational collaboration in the fields of development of the Transport and, on the other, the implementation of the Alpine Convention;
G.
It shall jointly ensure the proper application of the law of spatial planning with the cantons.

1 Introduced by ch. I of O du 18 oct. 2000, in force since 1 Er Nov 2000 ( RO 2000 2611 ).

Chapter 3 Decentralized Federal Government Units

Art. 13 1 Swiss Security Investigation Service

The Swiss Security Investigation Service (SESE) according to the order of 17 December 2014 on safety investigations in the event of incidents in the field of transport 2 Is administratively attached to the General Secretariat.


1 New content according to the c. 3 of the Annex to the O of 17 Dec. 2014 on security investigations in the case of incidents in the field of transport, in force since 1 Er Feb 2015 ( RO 2015 215 ).
2 RS 742.161

Art. 13 A 1

1 Introduced by Art. 46 of the O of 26 Nov 2003 on the post ( RO 2003 4753 ). Repealed by c. 6 of Annex 3 to the O of 30 June 2010, with effect from 1 Er August 2010 (RO 2010 3175).

Art. 14 1 Commission of the Post

The Commission of the Post (art. 20 of the Act of 17 Dec. 2010 on post 2 ) Is administratively attached to the General Secretariat.


1 New content according to the c. II 3 of annex 2 to the O of 29 August 2012 on the post, in force since 1 Er Oct. 2012 ( RO 2012 5009 ).
2 RS 783.0

Art. 14 A 1 Federal Nuclear Safety Inspection

The Federal Nuclear Safety Inspectorate is administratively attached to the General Secretariat.


1 Introduced by ch. 5 of the annex to the O of 12 Nov 2008 on the Federal Nuclear Safety Inspectorate, in force since 1 Er Jan 2009 ( RO 2008 5747 ).

Art. 15 1 Independent Review Authority for Radio-Television Complaints

The Independent Review Authority for Radio-Television Complaints (art. 82 to 85 of the March 24, 2006 PMQ on radio and television 2 ) Is administratively attached to the General Secretariat.


1 New content according to the c. 6 of Annex 3 to the O of 30 June 2010, in force since 1 Er August 2010 ( RO 2010 3175 ).
2 RS 784.40

Art. 16 1 Commission on Electricity

The Electricity Commission (Art. 21 of the Act of 23 March 2007 on the supply of electricity 2 ) Is administratively attached to the General Secretariat.


1 New content according to the c. I of O du 9 Dec. 2011, effective from 1 Er Jan 2012 ( RO 2011 6107 ).
2 RS 734.7

Art. 17 1 Commission on Communication

The Commission on Communication (art. 56 of the PMQ of 30 April 1997 on telecommunications 2 ) Is administratively attached to the General Secretariat.


1 New content according to the c. I of O du 9 Dec. 2011, effective from 1 Er Jan 2012 ( RO 2011 6107 ).
2 RS 784.10

Art. 17 A 1 Board of Arbitration in the Field of Railways

The Board of Arbitration in the Field of Railways (Art. 40 A Of the PMQ of 20 Dec. 1957 on the railways 2 ) Is administratively attached to the General Secretariat.


1 Introduced by ch. 6 of Annex 3 to the O of 30 June 2010 ( RO 2010 3175 ). New content according to the c. I of O du 9 Dec. 2011, effective from 1 Er Jan 2012 (RO) 2011 6107).
2 RS 742.101

Chapter 4 Final provisions

Art. 18 Repeal and amendment of the law in force

The applicable law is repealed or amended in accordance with the schedule.

Art. 19 Entry into force

This order shall enter into force on 1 Er January 2000.

Annex