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RS 901.0 Federal Act of 6 October 2006 on Regional Policy

Original Language Title: RS 901.0 Loi fédérale du 6 octobre 2006 sur la politique régionale

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901.0

Federal Law on Regional Policy

6 October 2006 (State 1 Er January 2013)

The Swiss Federal Assembly,

See art. 103 of the Constitution 1 , given the message from the Federal Council of 16 November 2005 2 ,

Stops:

Section 1 General provisions

Art. 1 Purpose

The aim of this Law is to improve the competitiveness of certain regions and to generate added value, thereby contributing to the creation and safeguarding of jobs in these regions, to the decentralised occupation of the territory and to the elimination of Regional inequalities.

Art. 2 Principles

Regional policy is based on the following principles:

A.
The requirements of sustainable development are considered;
B.
Regions are taking initiatives to improve competitiveness and generate added value;
C.
Regional centres are the drivers of development;
D.
The cantons are the main interlocutors of the Confederation and ensure cooperation with the regions;
E.
Federal services work closely with each other and with Swiss or foreign institutions and organizations.
Art. 3 Regions

1 The groupings of cantons and communes and the groupings of cantons or communes with other corporations or associations of public or private law shall be deemed to be regions within the meaning of this Law.

2 Geographical cohesion, economic rationalism and joint execution of tasks take precedence over institutional boundaries for the formation of regions.

3 Existing regional structures shall be taken into account in so far as they meet the purpose of this Law.

4 It is up to the regions to determine which organizational units they intend to institute to carry out their duties.

Section 2 Measures

Art. 4 Encouragement of initiatives, programs and projects

1 Financial assistance may be granted for the preparation, execution and evaluation of initiatives, programmes and projects which:

A.
Encourage entrepreneurship and entrepreneurial activity in a given region;
B.
Strengthen the capacity for innovation in a given region;
C.
Exploit regional potentials and set up or improve value added systems;
D.
Improve cooperation between public and private institutions, between regions or with agglomerations.

2 Financial aid shall be granted only under the following conditions:

A.
Initiatives, programmes and projects are innovative for the region concerned;
B.
The effects of the initiatives, programmes and projects supported are, for the most part, benefiting regions that mainly present the problems and opportunities for development specific to mountain regions and rural areas in general.
Art. 5 Encouragement of regional development agencies, regional secretariats and other regional actors

Financial assistance may be granted to regional development agencies, regional secretariats and other regional actors for:

A.
Develop and implement multi-year promotion strategies;
B.
Coordinating and monitoring initiatives, programs and projects in their region.
Art. 6 Encouragement of cross-border cooperation

1 Financial aid may be granted for Swiss participation in innovative programmes, projects and actions of cross-border cooperation under one of the following conditions:

A.
It generates, directly or indirectly, value added in a border region;
B.
It is of strategic importance from a national perspective.

2 Investments of national strategic importance are coordinated by the Confederation, in cooperation with the cantons.

3 No financial assistance is granted for construction projects.

4 The encouragement of cross-border cooperation takes account of European and national territorial cooperation policy, their implementation and their timetable.

Art. 7 Loans for infrastructure projects

1 The Confederation may grant interest-free or interest-free loans to finance infrastructure projects, provided that these projects meet one of the following conditions:

A.
They are in direct contact with the realisation and continuation of projects within the meaning of Art. 4;
B.
They are part of a value-added system that they contribute to strengthening;
C.
They directly induce complementary investments in other economic sectors in a region.

2 Loans can only be granted to infrastructure projects:

A.
Most of them benefit from regions that mainly present problems and development opportunities specific to mountain regions and rural areas in general;
B.
The funding of which the canton participates at least in an equivalent way;
C.
That the Confederation does not already support in any other way.
Art. 8 Interest, repayment of loans and losses

1 The interest rate shall be fixed taking into account the financial possibilities of the beneficiary.

2 Loans must be repaid after 25 years at the latest. The deadline is set in view of the longevity of the sustained infrastructure.

3 The possible losses on the loans are borne by half by the canton which allocated them.

Art. Conditions

1 Beneficiaries of financial aid provided for in Art. 4 to 6 and loans under s. 7 participate in their project by own funds.

2 They shall take appropriate measures to monitor the implementation and evaluate sustained projects.

3 They shall take into account, to the extent possible, the sectoral policies of the Confederation in the field of territory and spatial planning.

4 In special cases, financial assistance and loans may be subject to other conditions and charges.

Art. 10 Mountain regions and rural areas in general

The Federal Council defines with the cantons the territory which essentially presents the problems and opportunities for development specific to mountain regions and rural areas in general (art. 4, para. 2, let. B, and 7, para. 2, let. (a).

Art. 11 Payment of financial assistance and loans

1 The financial aid provided for in Art. 4 to 6 and loans under s. 7 are granted in the form of packages on the basis of programme agreements.

2 The amount of financial assistance and loans depends on the overall effect of the programmes and measures.

Art. 12 Tax Relief

1 If a township grants tax relief in accordance with s. 23, para. 3, of the Federal Act of 14 December 1990 on the harmonisation of the direct taxes of the cantons and municipalities 1 , the Confederation can also provide relief for direct federal tax.

2 Direct federal tax relief is granted only:

A.
Industrial enterprises or service enterprises close to the production which create or redirect jobs;
B.
For projects that meet the regional economy requirements of this Act;
C.
To the cantons providing for the reimbursement of unduly affected tax relief.

3 The Federal Council, after consultation with the cantons, defines the areas in which enterprises can benefit from tax concessions and regulates the arrangements for financial supervision, including the obligation to collect and transmit them. Information on the effects of the concessions granted.


Art. 13 Accompanying Measures

The Confederation may take measures to:

A.
Strengthen cooperation and exploit the synergies between regional policy and other sectoral policies;
B.
Support areas with particular problems;
C.
Create and operate a knowledge system on regional development;
D.
To call secretaries and other regional actors, as well as those responsible for the development and implementation of initiatives, programmes and projects.

Section 3 Implementation

Art. 14 Multiannual Programme

1 The Federal Assembly sets out in a multi-year programme:

A.
The priorities and content of the promotion under regional policy;
B.
The priorities of accompanying measures within the meaning of Art. 13.

2 The multi-year programme covers eight years.

3 The cantons contribute to the development of the multiannual programme, incorporating their needs and strategic thinking and taking account of those of their regions.

Art. 15 Tasks of the cantons

1 On the basis of the multi-annual programme, the cantons, together with their regional development agencies and regional or other regional actors, develop multi-annual implementation programmes, which they Periodically updated.

2 They shall, together with regional development agencies and regional or other regional actors, ensure the coordination of supraregional, intercantonal and cross-border projects.

3 They decide, within the limits of the means available, for which projects financial aid or loans are granted.

Art. 16 Convention-programmes and financial participation of the cantons

1 On the basis of the cantonal implementation programmes, the Confederation enters into multi-year agreements with the cantons. It lays down a flat-rate contribution on the basis of these conventions.

2 The cantons are required to make a financial contribution to the implementation of their programmes of implementation equal to that of the Confederation.

Art. 17 Monitoring

1 The canton shall ensure that appropriate measures are taken to monitor the implementation of supported initiatives, programmes, projects and infrastructure projects.

2 The Confederation shall take appropriate measures to monitor the implementation of the multiannual programme.

Art. 18 Evaluation of the multiannual programme

The Federal Council ensures that the multi-year programme is scientifically evaluated and reports to the Federal Assembly.

Art. 19 Requests for Tax Relief and Procedure

1 The canton decides on the granting of cantonal tax concessions. It forwards the request together with its decisions and proposals to the State Secretariat for Economic Affairs (SECO).

2 SECO reviews applications and forwards them to the Federal Department of Economics, Training and Research (DEFR) 1 It decides on the granting and the extent of the reductions in direct federal tax.

3 The reductions in direct federal taxation shall be notified by the cantonal authority responsible for the taxation of undertakings, depending on the decision taken by the DEFR in agreement with the Federal Department of Finance.


1 New expression according to c. I 26 of the O of 15 June 2012 (Reorganization of the departments), in force since 1 Er Jan 2013 ( RO 2012 3655 ). This mod has been taken into account. Throughout the text.

Art. Collaboration

The Federal Council determines the organisational form for working with the cantons, mountain regions and rural areas in general.

Section 4 Financing

Art. Regional Development Fund

1 The Confederation shall establish a Regional Development Fund to finance the measures provided for in this Law.

2 The proceeds of the annual interest, refunds and guarantees which are cashed out on the part of the Confederation loans allocated and paid under the Federal Act of 21 March 1997 on aid for investments in mountain regions (LIM) 1 And, on the other hand, loans granted under s. 7 of this Law shall be credited to the Regional Development Fund.

3 Withdrawals of the fund and loan conditions are fixed taking into account the losses on current loans, the proceeds of interest and the increase in the price. To the extent possible, the value of the fund must be maintained in the long term.


1 [RO 1997 2995, 2000 179,187 art. 9, 2002 290 2504, 2003 267, 2004 3439 art. 1, 2006 2197 Annex c. 122 2359 art. 1]

Art. Available financial means

1 The Federal Assembly approves by a simple federal decree a ceiling of expenditure limited to eight years for new contributions to the Regional Development Fund.

2 It takes into account the needs identified in the multi-annual programme, the available resources of the Regional Development Fund and the financial situation of the Confederation.

Section 5 Legal channels

Art.

Decisions of the federal administrative authorities and the cantonal decisions of the last instance may be appealed to the Federal Administrative Court.

Section 6 Final provisions

Art. 24 Repeal and amendment of the law in force

The repeal and amendment of the existing law are set out in the Annex.

Art. 25 Transitional provisions

1 Resources of the investment assistance fund under s. 14 LIM 1 Shall be credited to the Regional Development Fund upon the entry into force of this Law.

2 Investment assistance loans remain subject to the provisions of the MIL until they are fully repaid.

3 The payment of the commitments made by the Confederation under the LIM, the Federal Act of 8 October 1999 on the promotion of Swiss participation in the Community initiative for cross-border, transnational and interregional cooperation (INTERREG III), for the period 2000 to 2006 2 , the Federal Order of 21 March 1997 establishing an aid for structural change in rural areas 3 And art. 6 A The Federal Order of 6 October 1995 in favour of economic zones in redeployment 4 , shall be insured by the Regional Development Fund after the entry into force of this Law.


1 [RO 1997 2995, 2000 179,187 art. 9, 2002 290 2504, 2003 267, 2004 3439 art. 1, 2006 2197 Annex c. 122 2359 art. 1]
2 [ RO 2000 609 , 2006 4275]
3 [RO 1997 1610, 2000 187 art. 11, 2006 2197 Annex c. 124,4297]
4 [RO 1996 1918, 2001 1911, 2006 2197 Annex c. 144,4301]

Art. 26 Referendum and entry into force

1 This Law shall be subject to the referendum.

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

Annex

(art. 24)

Repeal and amendment of the law in force

I

The following legislative acts are repealed:

1.
Federal Act of 8 October 1999 on the promotion of Swiss participation in the Community initiative for cross-border, transnational and interregional cooperation (INTERREG III), for the period 2000 to 2006 1 ;
2.
Federal Act of 21 March 1997 on aid for investments in mountain regions (LIM) 2 ;
3.
Federal Decree of 21 March 1997 establishing aid for structural change in rural areas 3 ;
4.
Federal Order of 6 October 1995 in favour of economic zones in redeployment 4 .

II

... 5


1 [ RO 2000 609 , 2006 4275]
2 [RO 1997 2995, 2000 179,187 art. 9, 2002 290 2504, 2003 267, 2004 3439 art. 1, 2006 2197 Annex c. 122 2359 art. 1]
3 [RO 1997 1610, 2000 187 art. 11, 2006 2197 Annex c. 124,4297]
4 [RO 1996 1918, 2001 1911, 2006 2197 Annex c. 144,4301]
5 The mod. Can be viewed at RO 2007 681 .


State 1 Er January 2013