Key Benefits:
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:
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):
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:
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.
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.
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.
The annex to a text published in the RO must also be published if that text refers to it.
The following are mentioned in the RO in the form of a communication:
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:
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.
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.
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.
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:
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).
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.
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:
When the text referred to in the OR is amended, corrected or repealed, these changes are also mentioned in the OR.
1 In the case of publication by reference, the responsible authority shall:
2 It guarantees the accuracy of the consolidated versions of the texts referred to in Art. 5, para. 1, LPubl.
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:
2 The special provisions of federal law relating to the form of the extraordinary publication are reserved.
The extraordinary publication reproduces the text in its entirety or gives a summary.
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.
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.
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:
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):
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.
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.
In addition to the texts mentioned in Art. 13 A , para. 1, LPubl, are published on the platform:
The ChF publishes:
The texts published on the platform can be accessed through the following tools:
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.
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.
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.
Instructions must be available at least in the 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.
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.
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:
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.
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.
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.
Publications covered by the LPubl can be obtained from the Federal Office for Construction and Logistics.
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.
The responsible authority shall provide the ChF with the different language versions of the texts of internal law within the following time limits:
The responsible authority must provide the ChF with the following language versions of the following texts within the following deadlines:
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 For the purposes of s. 16 A LPubl means:
2 The preservation of the texts published on the platform and their authenticity and integrity are ensured by the following measures:
3 The ChF takes the technical and organisational measures to ensure the smooth operation of the platform.
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:
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.
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.
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.
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.
1 The exploitation of the data referred to in Art. 48 obeys the following requirements:
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.
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.
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 .
1 RS 172.041.11
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:
2 It manages the publications applications according to the LPubl to ensure in particular:
3 It can adapt the annex to technical developments.
1 The Order of November 17, 2004 on Official Publications 1 Is repealed.
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 .
This order shall enter into force on 1 Er January 2016.
(art. 29, para. 1, 30, para. 1, and 52, para. 3)
The PDF format referred to in s. 29, para. 1, is version A-1a.