Advanced Search

RS 170.512.1 Order of 7 October 2015 on collections of federal law and the Federal Worksheet (Official Publications Order, OPubl)

Original Language Title: RS 170.512.1 Ordonnance du 7 octobre 2015 sur les recueils du droit fédéral et la Feuille fédérale (Ordonnance sur les publications officielles, OPubl)

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

170.512.1

Federal Law Collections and Federal Worksheet Order

(Official Publications Order, OPubl)

On 7 October 2015 (State 1 Er January 2016)

The Swiss Federal Council,

Having regard to the Official Publications Act of 18 June 2004 (LPubl) 1 ,

Stops:

Chapter 1 Official Collection of Federal Law

Section 1 Contents

Art. 1 Treaties of international law containing rules of law and treaties of international law not containing them

1 The treaties of international law which contain provisions according to art are deemed to contain rules of law. 22, para. 4, of the Act of 13 December 2002 on Parliament 1 .

2 With regard to international law treaties falling within the categories below, the responsible authority is entitled to assume that they do not contain or authorize the enactment of rules of law (art. 3, para. 1, let. B, LPubl):

A.
International agreements under s. 10 of the Federal Act of 19 March 1976 on Development Cooperation and International Humanitarian Assistance 2 , if they relate only to concrete projects or targeted contributions;
B.
Public international law agreements under s. 13, para. 2, of the Federal Act of 24 March 2006 on cooperation with the States of Eastern Europe 3 ;
C.
International treaties under s. 8 of the Federal Act of 19 December 2003 on measures for civil promotion of peace and strengthening of human rights 4 ;
D.
Agreements for the implementation of international agreements, according to Art. 48 A , para. 1, Federal Act of 3 February 1995 on the Military and Military Administration (LAAM) 5 On training abroad or with foreign troops;
E.
International conventions under s. 66 B , para. 2, LAAM necessary for the implementation of commitments for the promotion of peace;
F.
International agreements under s. 109 B LAAM in the field of armaments cooperation.

Art. 2 Treaties and decisions on international law of minor significance

Treaties and decisions under international law of minor significance (art. 7 A , para. 2 and 3 of the Act of 21 March 1997 on the organization of government and administration 1 , LOGA) are not published (s. 3, para. 3, LPubl) in the Official Reports of Federal Law (RO), unless:

A.
They concern the rights and obligations of individuals; or
B.
That their publication is necessary for reasons of security of law or transparency.

Art. 3 Treaties and decisions on international law of limited duration

Treaties and decisions of international law whose validity does not exceed six months shall be published in the RO as soon as their validity is extended beyond that period.

Art. 4 Amendments to treaties and decisions under international law

1 Amendments to treaties and decisions under international law published in the RO must in all cases be published in the RO.

2 The publication may be limited to the amended provisions.

Art. 5 Scope of application of multilateral international treaties and reservations, declarations, objections and communications relating to those treaties

1 The first publication of a multilateral international treaty in the RO must be accompanied by the publication of its scope. Amendments to the scope of application shall be published as soon as they are five, but no later than three years after the first amendment which has not been published.

2 Switzerland's reservations, declarations and communications are published in the RO.

3 The reservations, declarations, objections and communications of other Contracting Parties, as well as the objections of Switzerland, are reported only in the list of fields of application. Reference is made to the service with which the corresponding texts can be obtained or consulted.

Art. 6 Annexes

The annex to a text published in the RO must also be published if that text refers to it.

Art. 7 Communications

The following are mentioned in the RO in the form of a communication:

A.
The texts of the RO which have clearly become moot and have not been formally repealed;
B.
Orders that have lapsed under s. 7 C , para. 3 or 4, or 7 D , para. 2 or 3, LOGA 1 ;
C.
The texts to be removed from the Systematic Code of Federal Law (RS) which, because their publication is no longer required, are no longer published in the OR or updated in the RS;
D.
Denunciations and suspensions of treaties and decisions under international law.

Art. 8 Formal Corrections

1 The formal corrections to the errors referred to in s. 10, para. 1, LPubl that are published in the OR contain and the disposition to be corrected and the disposition corrected.

2 By errors resulting in a change of meaning according to s. 10, para. 1, LPubl, includes:

A.
Errors in grammar, spelling or presentation that affect content;
B.
Errors of form such as erroneous references or errors in legislative technique;
C.
Translation errors or terminological inconsistencies.

3 Errors may be subject to a formal correction only if it is established that the authority which enacted the text has taken or has decided to make its decision on the basis of the correct wording.

Section 2 Secrets kept secret

Art.

1 The titles and content of acts and treaties and decisions under international law which, by virtue of art. 6 LPubl, are not published, are communicated to the Delegation of the Management Commissions (Art. 53 of the Act of 13 December 2002 on Parliament 1 ).

2 The communication is made every year by the Federal Chancellery (ChF), an agreement with the responsible authority.


Section 3 Regular publication

Art. 10 Date of publication

1 The period laid down in Art. 7, para. 1, LPubl does not include the day of publication in the OR or the date of entry into force.

2 Where the act concerned and its consequences are far-reaching, or require the adoption of implementing provisions, the responsible authority shall, in cooperation with the ChF, ensure that the publication is carried out sufficiently early.

Art. 11 Failure to meet the deadline

1 If the responsible authority delivers an act to the ChF for publication but the delivery is too late for the period referred to in s. 7, para. 1, LPubl can be respected, the ChF immediately asks the responsible authority to postpone the entry into force.

2 If the responsible authority refuses, it sets out the grounds on which the delivery occurred too late:

A.
For acts to be submitted to the Federal Council: in the accompanying proposal;
B.
For the other acts: in writing addressed to the ChF at the latest upon signature of the act.
3 If the entry into force cannot be postponed, the legal obligations arising from the act concerned shall arise at the earliest the day following its publication in the RO.

Section 4 Urgent publication

Art. 12

1 If an act is published as a matter of urgency in the RO on the day of its entry into force, the time of entry into force is specified. The legal obligations arising from the act concerned are born at the time of publication at the earliest.

2 The ChF refers to urgent publications as such on the platform of publication (platform).

Section 5 Release by reference

Art. 13 Jurisdiction

1 The publication of a text of domestic law in the form of a reference as provided for in Art. 5, para. 1, LPubl is ordered by the authority which enacted the relevant text.

2 The publication of a treaty or a decision under international law in the form of a reference as provided for in Art. 5, para. 1, LPubl is ordered by the responsible federal authority.

Art. 14 Presentation

1 Publications in the form of a reference according to Art. 5, para. 1, LPubl is presented as a separate page in the OR.

2 Publications in the form of a reference according to Art. 5, para. 2, LPubl is included in the text or footnotes.

3 The reference to s. 5, para. 2, LPubl should refer to:

A.
The internet address where the text can be consulted or ordered;
B.
The responsible authority or, where appropriate, the other services to which the text may be consulted free of charge;
C.
The postal address to which the text may be ordered, if the service concerned does not have an internet address.
Art. 15 Amendments, Corrections and Repeals

When the text referred to in the OR is amended, corrected or repealed, these changes are also mentioned in the OR.

Art. 16 Responsible Authority Obligations

1 In the case of publication by reference, the responsible authority shall:

A.
Ensure that the texts referred to in s. 5, para. 1, LPubl which is the subject of a change shall be available in their consolidated form as from the date of entry into force of this amendment;
B.
Deliver to the ChF the texts referred to in s. 5, para. 1, LPubl, in electronic form, ready to be printed, for the purpose of establishing, on an exceptional basis, drawn-out (s. 36);
C.
Ensure that the texts referred to in s. 5, para. 2, LPubl be available at any time in the official languages required from the date of publication of the reference in the RO and that an online version, if it exists, is available;

2 It guarantees the accuracy of the consolidated versions of the texts referred to in Art. 5, para. 1, LPubl.

Section 6 Special Publication

Art. 17 Forms

1 The extraordinary publication of a text according to art. 7, para. In particular, LPubl is carried out in one or more of the following forms:

A.
Publication on a federal government website other than the platform;
B.
Communication to radio and television by the Swiss Broadcasting Corporation and other broadcasters of radio or television concessionaires;
C.
Sending to the services designated by the cantons in accordance with Art. 18 LPuteen
D.
Delivery of press releases;
E.
The sending of circulars or writings assimilated to the persons concerned by the text, provided that it is possible to identify them by name;
F.
Public display;
G.
Direct notification when the text is to be applied immediately.

2 The special provisions of federal law relating to the form of the extraordinary publication are reserved.

Art. 18 Content

The extraordinary publication reproduces the text in its entirety or gives a summary.

Art. 19 Procedure

1 In case of unavailability of the platform, the ChF informs the responsible authority of the need for an extraordinary publication.

2 It shall send the text to the services designated by the cantons in accordance with Art. 18 LPubl.

3 The text is published in the RO as soon as possible.

Chapter 2 Systematic collection of federal law

Art.

1 Errors that do not result in any change in the meaning of s. 12, para. 1, LPubl, including errors in grammar, spelling or presentation that do not affect the content, are corrected without a formal procedure.

2 The names of the administrative units which have been amended as a result of organisational decisions taken by the Federal Council, departments or offices under Art. Are adapted without formal procedure. 8, para. 1, LOGA 1 Departments communicate the new denominations to the ChF.


Chapter 3 Federal Worksheet

Section 1 Contents

Art. Texts submitted to the Federal Assembly for approval

If a text accompanied by a message, such as a treaty or a decision under international law (art. 3 LPubl), is submitted for approval to the Federal Assembly, the text and the message are published simultaneously in the Federal Worksheet. This rule also applies to cantonal constitutions.

Art. Texts published under Art. 13, para. 2, LPubl

The texts referred to in Art. 13, para. 2, LPubl are published if they have significant external effects or are of considerable general importance. This includes the following:

A.
Instructions in the form of an act originating either from the federal government or from an organization or person from public or private law who is responsible for administrative duties but not part of the federal government;
B.
Directives of the Federal Council, such as the benefit agreements, the guiding principles and the strategic objectives applicable to undertakings close to the Confederation or to organisations or persons of public or private law responsible for Administrative duties but not part of the federal government;
C.
Administrative conventions of major importance.
Art. Publication as a reference

In particular, it shall be published in FF with reference only to the title and the reference or the name of the body to which the text may be obtained (Art. 13, para. 3, LPubl):

A.
The message on the Confederation budget and its supplements;
B.
The message on the State Account of the Confederation;
C.
The management report of the Federal Council.

Section 2 Mentions

Art. 24 Statement of Urgent Federal Statutes Adopted

1 The urgent federal laws that have been adopted shall be published in the FF with reference only to their title, their reference in the RO and, if applicable, the date of expiry of the referendum period.

2 The mention in the FF appears at the same time as the law is published in the RO.

Art. 25 Statement of acts of the Federal Assembly subsequently published

An Act of the Federal Assembly shall first be published in the FF with reference only to its title and the date of its adoption if its full publication is to be deferred, in particular where the legal basis or the international treaty On which it is based has not yet entered into force. It is then specified that it will be published later in the OR or FF.

Chapter 4 Other texts published on the platform

Art. 26

In addition to the texts mentioned in Art. 13 A , para. 1, LPubl, are published on the platform:

A.
The case law of the administrative authorities of the Confederation (JAAC);
B.
The ChF data bank on extrapartal commissions.

Chapter 5 Common provisions

Section 1 Research Tools

Art. 27 Directories and indexes

The ChF publishes:

A.
A systematic directory of the texts of the RS, containing an alphabetical table and a list of texts published in the form of a reference in accordance with Art. 5, para. 1, LPuAGS
B.
An index of FF materials;
C.
A directory of all the legal texts of the European Union applicable to Switzerland.
Art. 28 Search Engine and Direct Access

The texts published on the platform can be accessed through the following tools:

A.
A search engine;
B.
Direct access to the RS texts that are in effect, by means of the RS number or acronym, and to their articles by adding the number.

Section 2 Electronic data

Art. Electronic Data Format

1 The texts of the platform are published in PDF format. Technical requirements are defined in c. 1 of the Annex.

2 The ChF can publish texts in additional formats.

3 The version contained in the PDF documents is authentic.

4 The RO, RS and FF have a unified presentation.

Art. Electronic signature

1 The texts of the RO and FF which are published on the platform in PDF format are equipped with an electronic signature affixed by the ChF. Technical requirements are defined in c. 2 of the Annex.

2 The ChF ensures that the validity of electronic signatures can be verified online at all times with a validation service.

Section 3 Official languages

Art. Separate editions in each official language

The RO, RS and FF, as well as the directories, tables of contents and corresponding indexes are the subject of separate editions in each of the three official languages.

Art. 32 Instructions for users of electronic publications

Instructions must be available at least in the official languages.

Art. 33 Exceptions to the principle of publication in official languages

1 The ChF decides, in agreement with the responsible authority, whether the conditions for derogating from the obligation to publish in the official languages provided for in s. 14, para. 2, LPubl are completed.

2 The texts of the JAAC are published in the original language of the document and accompanied by a summary in the other official languages.

Section 4 Release

Art. 34

1 The internet address of the platform is www.droitfederal.admin.ch. All editions of the RO and FF refer to this address.

2 The OR appears once a week, along with the FF. If necessary for urgent publications, it appears several times a week. The OR appears only on working days.

3 The online version of the NCR is maintained.

Section 5 Printed publications

Art. 35 Periodic print editions

1 The ChF makes periodic print editions based on demand at a rate that it defines. The rate of publication is at least the following:

A.
RO and FF: once a month;
B.
The RS supplement and the FF material index: four times a year;
C.
The systematic directory: once a year.

2 Printed editions of the OR and FF are sold by subscription.

3 Printed editions of the RS are sold as a complete collection or separate parts. Subscribers also receive supplements.

Art. 36 Tied Outside

1 The ChF ensures that the texts of the OR, the RS and the FF can be ordered from the unit, including texts which are published in the form of a reference in accordance with Art. 5, para. 1, LPubl.

2 The ChF publishes compilations of texts by the RO, the RS and the FF according to the expected demand.

Art. Minimum number of printed copies

The RO and FF shall be printed in at least three copies; they shall not form part of the texts published in the form of a reference. The ChF ensures that these copies are stored in at least three separate buildings.

Art. 38 Dissemination

Publications covered by the LPubl can be obtained from the Federal Office for Construction and Logistics.

Section 6 Measures to ensure timely publication

Art. 39 Obligations of the ChF and Responsible Authority

1 The ChF ensures that the texts submitted to the LPubl are published in time.

2 The texts intended to be published must be provided to the ChF in time, in electronic form, in the required official languages and in their final version.

3 Treaties and decisions of international law must also be provided to the Directorate of Public International Law of the Federal Department of Foreign Affairs on time before their entry into force, in the original language and, in the form of Electronic, in the official languages required.

4 Where it is not possible to publish the messages and reports referred to in s. 149 of the Act of 13 December 2002 on Parliament 1 , the responsible authority is responsible for forwarding them to Parliament's Services.


Art. 40 Texts of domestic law

The responsible authority shall provide the ChF with the different language versions of the texts of internal law within the following time limits:

A.
At the beginning of the consultation of the Offices (Art. 4 of the Order of 25 November 1998 on the Organisation of Government and Administration, OLOGA 1 ), in German and in French: the draft acts which are the subject of a consultation or in support of which a message is drawn up;
B.
The opening of the linguistic and legal controls (e-circuit), in German and in French: the other draft acts and the other texts which are to be published under the LPurely
C.
The day on which the Federal Council takes its decision in Italian: the texts of the competence of the Federal Council;
D.
On a fixed date of agreement with the ChF in Italian: the texts of the competence of other authorities.

Art. Treaties and decisions of international law

The responsible authority must provide the ChF with the following language versions of the following texts within the following deadlines:

A.
To the opening of the co-report procedure (Art. 5 OLOGA 1 ) For the approval of the treaties or decisions concerned, in German and in French: the texts of the Treaties and decisions under international law which the Federal Council has the competence to conclude on its own;
B.
Before the date of the provisional application, in German and in French: the texts of the Treaties and decisions of international law which must be applied provisionally;
C.
To the opening of the co-report procedure (Art. 5 OLOGA) for the approval of the message, in German and in French: the texts of the treaties and decisions of international law in support of which a message must be written.
D.
On a fixed date of agreement with the ChF, in Italian: the texts referred to in the let. A to c.

Section 7 Publication date

Art.

1 Amendments to the Constitution 1 Which are accepted by the people and the cantons are published in the RO on the same day that the order for validation is published in the FF.

2 Federal laws and federal orders subject to or subject to the referendum shall be published in the RO at the expiration of the referendum period, if it has not been used, or after their acceptance by the people.

3 Urgent federal laws and ordinances of the Federal Assembly are published in the OR immediately after their adoption.

4 The texts referred to in paras. 1 to 3 whose effective date is not yet fixed shall be published in the RO immediately after the entry into force decision.

5 International treaties that are applied provisionally before their entry into force are published in the RO as soon as possible after the provisional application decision has been taken.

6 All texts which have been adopted by the Federal Assembly during the same parliamentary session and which are subject to the referendum shall be published in the FF simultaneously. Their publication shall take place no sooner than 10 days after the final vote of the Chambers. A text may be published earlier if it is essential for it to enter into force on time.

7 A simple federal order is not published in FF before the act constituting its legal basis has been published in the RO.


1 RS 101

Section 8 Electronic publications security and data protection

Art. 43 Security of Electronic Publications

1 For the purposes of s. 16 A LPubl means:

A.
By Authenticity : assurance that a text has been published by the ChF;
B.
By Integrity : assurance that a text has not been submitted after its unauthorized or accidental release.

2 The preservation of the texts published on the platform and their authenticity and integrity are ensured by the following measures:

A.
Are kept all data relating to the texts published on the platform which are necessary to restore these texts in the version in which they were originally published on the platform (data fenced); the data fenced Are registered on multiple servers located in several different locations and separated from the public network by adequate technical measures; at least one of the locations is located in a disaster-protected area;
B.
In the case of a discrepancy between the data closed and the text published on the platform, it shall be reinstated within one day in the version in which they were originally published on the platform; except the anonymized data Pursuant to s. 44, para. 2;
C.
The data are transmitted in such a way that the receiver can ensure that they originate from the platform.

3 The ChF takes the technical and organisational measures to ensure the smooth operation of the platform.

Art. 44 FF texts containing sensitive data

1 When they contain sensitive data, the texts referred to in Art. 13, para. 1, let. G, and 2 LPubl are available on the platform and indexed by its search engine for a period of up to six months. If circumstances warrant, the responsible authority may extend the time limit up to 12 months.

2 At the expiry of the period referred to in para. 1, the ChF ensures that the texts are no longer accessible or are accessible only in an anonymized version.

3 Any person to whom sensitive data relate in an online text may request the responsible authority to remove them from the platform before the deadline referred to in para. 1:

A
If it certifies that it has read the publication; and
B.
If the anonymization of the text does not result in the interests of a third party.
Art. 45 Texts of RO and RS containing sensitive data

Where a text of the RO or the RS, including a text published in it in the form of a reference in accordance with Art. 5, para. 1, LPubl, contains sensitive data, these data are deleted if the responsible authority orders it.

Art. Sensitive data contained in fenced data or printed editions

In the fenced data are retained and the anonymized version and non-anonymized version of a text, while only the non-anonymized version is retained in the printed editions.

Section 9 Third-party operations

Art. Data used for personal use

Free consultation of the platform provided for in Art. 19, para. 1, LPubl includes, in particular, the downloading of texts for its personal use. Personal use also refers to citing or commenting on these texts in scientific works or publications.

Art. 48 Data used for operating purposes

1 The ChF makes available to the public in a structured electronic form the texts of the RO, RS and FF, including the full versions of the texts published by reference. No one shall be entitled to any particular formatting of the data.

2 Downloading data for operational purposes is free of charge. The provision of data is subject to emoluments.

Art. Requirements for data mining

1 The exploitation of the data referred to in Art. 48 obeys the following requirements:

A.
The content of the data should not be changed;
B.
The data must be presented in such a way that visually they are clearly distinguishable from comments or other additions;
C.
The data must be accompanied by the following statement: " This is not an official publication. Only publication by the Federal Chancellery shall be authentic ";
D.
The indications given by the ChF concerning the quality of the data provided must also be published;
E.
Neither the advertising, nor the packaging, nor the data carrier, nor the electronic media should give the impression that it is an official publication;
F.
Sensitive data contained in the texts of the RO or the RS, including those contained in the texts published therein by reference in accordance with Art. 5, para. 1, LPubl, must be deleted as soon as the ChF ceases to publish the said texts or publishes them only in an anonymized form;
G.
Sensitive data contained in other texts than those referred to in the let. F cannot be used or transmitted to third parties.

2 Anyone downloading data in accordance with Art. 48 may transmit or make available to third parties only in a valued form if it does so against remuneration.

3 The ChF may refuse to provide data to anyone who has contravened the above requirements.

Section 10 Consultation and Remission

Art. 50 Consultation

1 The content of the platform may be consulted online with the services designated by the cantons in accordance with Art. 18 LPubl.

2 A printed version of the texts concerned shall be made available upon request by the services designated by the cantons.

3 The extraordinary publications referred to in s. 7, para. 4, LPubl may also be consulted with the services designated by the cantons.

4 If the platform is temporarily unavailable, the ChF communicates on request the texts of the OR or FF.

Art. Emoluments

The collection of the fees charged in return for the supply of electronic data referred to in Art. 48 and print editions according to Art. 35 and 36 is governed by the order of 19 November 2014 on emoluments relating to publications 1 .


Chapter 6 Final provisions

Art. Executing

1 The ChF designates the service responsible for publications according to the LPubl and establishes its powers of instruction and coordination in relation to the responsible authorities, in particular:

A.
To ensure that texts will be published on time and in accordance with quality requirements;
B.
As regards formatting, presentation and delivery of texts;
C.
As regards the technical means to be implemented.

2 It manages the publications applications according to the LPubl to ensure in particular:

A.
Timeliness of publication (s. 39 to 41);
B.
The security of publications and data protection (art. 43 and 46).

3 It can adapt the annex to technical developments.

Art. Repeal and modification of other acts

1 The Order of November 17, 2004 on Official Publications 1 Is repealed.

2 ... 2


1 [ RO 2004 4937 , 2005 5433 Art. 8 al. 2, 2008 5153 Annex, c. 1, 2010 2645]
2 The mod. Can be viewed at RO 2015 3989 .

Art. Entry into force

This order shall enter into force on 1 Er January 2016.

Annex

(art. 29, para. 1, 30, para. 1, and 52, para. 3)

Technical Requirements

1 PDF Format

The PDF format referred to in s. 29, para. 1, is version A-1a.

2 Electronic Signature

2.1
Electronic signature as per s. 30 is an advanced electronic signature created with a secure signature creation device and based on a valid certificate from a certification service provider under s. 3 of the Act of 19 December 2003 on Electronic Signature (SCSE) 1 .
2.2
The validity of the certificate must be checked at the time of signature.
2.3
A stamp issued by a recognized certification service provider within the meaning of the CSE must be added to the signature.