Key Benefits:
From 27 January 2016 (State on 15 February 2016)
The Federal Department of Environment, Transport, Energy and Communication (DETEC),
See art. 29 A , para. 2, let. A, of the Order of December 7, 2007 on the Decommissioned Fund and the Management Fund (OFDG) 1 ,
Stops:
1 The decommissioning fund and the management fund have a common organisation.
2 The bodies referred to in Art. 20, para. 1, OFDG carries out their duties with the same staff for both funds.
1 The members of the committee must offer the guarantee of an irreproachable activity. They have the specific skills required to carry out their tasks.
2 For the representation of the sexes and linguistic communities, art. 8 C , para. 1, and 8 C Bis , para. 1, of the Order of 25 November 1998 on the Organisation of Government and Administration (OLOGA) 1 Apply by analogy. Exceptionally, these requirements may be waived for reasons of qualification.
3 The members of the commission who represent the owners of a nuclear facility required to make contributions must be members of the management of the business owner or persons directly subordinate to management That have a complete overview of the business of the owner.
4 At the beginning of their term of office and in the event of changes, the members of the committee shall declare their interest. These links are reviewed annually and published electronically.
1 The independent members propose to the commission a person from their ranks to assume the presidency. The Federal Energy Board (OFEN) proposes to the Commission, after agreement with the Presidency, the other independent members.
2 The owners' representatives propose to the committee a person from their ranks to assume the vice-presidency. The owners propose to the Commission the other persons responsible for representing them.
3 The Commission proposes to the DETEC, to the attention of the Federal Council, the candidates for the Presidency and the Vice-Presidency, as well as the other candidates for a seat on the committee. The Federal Department of Finance is proposing to the Federal Council an employee of the Federal Finance Administration (AFF) as a member.
In addition to the tasks referred to in s. 23 OFDG, the committee includes the following tasks:
1 The committee of the committee shall consist of:
2 The committee chair leads the committee.
3 Other members of the committee may be invited to the meetings of the Committee for the treatment of specific questions.
4 The committee of the committee shall sit at least every three months.
5 The committee of the committee shall reach a quorum when the majority of its members are present. Decisions shall be taken by a simple majority of the members present. The President shall take part in the vote; in the case of equality of votes, the President shall have the casting vote.
In particular, the committee of the committee has the following tasks:
1 The investment committee consists of 8 to 12 members. A member is appointed by the AFF.
2 For the representation of the sexes and linguistic communities, art. 8 C , para. 1, and 8 C Bis , para. 1, OLOGA 1 Apply by analogy. Exceptionally, these requirements may be waived for reasons of qualification.
3 An independent panel member holds the chair of the Investment Committee.
4 The members of the Investment Committee have the specific skills required to carry out the work of the Investment Committee. They meet the competency profile established by the DETEC.
5 The remuneration of members of the investment committee shall be based on the analogy of art. 21 C , para. 1 and 3, OFDG.
6 The Investment Committee shall sit at least four times a year.
7 Art. 25 OFDG applies by analogy with regard to quorum and voting.
In particular, the investment committee has the following tasks:
1 The cost committee consists of 8 to 12 members.
2 For the representation of the sexes and linguistic communities, art. 8 C , para. 1, and 8 C Bis , para. 1, OLOGA 1 Apply by analogy. Exceptionally, these requirements may be waived for reasons of qualification.
3 An independent member of the committee holds the chair of the committee responsible for costs.
4 The members of the Cost Committee have the specific skills required to carry out the tasks of the Committee in charge of costs. They meet the competency profile established by the DETEC.
5 The remuneration of members of the committee in charge of costs shall be based on the analogy of art. 21 C , para. 1 and 3, OFDG.
6 The cost committee meets as required.
7 Art. 25 OFDG applies by analogy with regard to quorum and voting.
The committee responsible for costs includes the following tasks:
The chairmanship of the expert groups and working groups shall be carried out by an independent member of the committee or a committee.
1 At least one representative of the bureau shall take part in the meetings of the committee and its committees with a consultative vote.
2 The management of the office can only be managed by one body:
3 The office has the necessary human and technical resources to effectively deal with the affairs of both funds. In particular, it complies with the conditions set out in the Act of 10 October 1997 on money laundering 1 .
4 A backup is provided to perform the tasks of the office.
In particular, the Office has the following tasks:
1 If a review body operates both for a nuclear facility owner and for decommissioning and management funds, it is necessary to ensure that the responsible reviewers are different persons. The review body shall confirm in writing that no exchange of written or oral data concerning the revision of the funds and the revision of the owner of the nuclear installation shall take place between the persons participating in the controls.
2 The review body confirms the plausibility of the actuarial model on the basis of the results of new cost studies and before the taxation of contributions; it verifies that this model works correctly and that the data of the cost studies are Time.
The Commission shall ensure appropriate risk management and an internal control system. The guidelines of 24 September 2010 on the risk management policy pursued by the Confederation 1 Are applicable by analogy for risk management.
Communication must be objective, politically neutral, clear and transparent. To this end, it is communicated independently and independently, taking into account the ad hoc advertising requirements of the listed owners.
1 All persons and institutions involved in the management of capital are subject to a duty of discretion with regard to all the information they are aware of in the course of their activity.
2 They cannot accept or obtain personal benefits in connection with the exercise of their activity in relation to the funds. The benefits of low importance, consistent with social practices, are not affected by this provision. Gifts in kind of a market value not exceeding 200 francs are considered to be of low importance.
3 The independent members of the committee, committees and expert groups shall recuse themselves in the event of conflicts of interest in relation to their person, their work or their agents.
4 The members of the committee, committees and expert groups representing the interests of the owners shall recuse themselves in the event of conflicts of interest in disputes between the owners represented and the decommissioning fund or Management, or in the case of conflicts of interest in relation to their person.
1 The following persons and bodies may make financial commitments under the approved budget, up to the following amounts:
2 Only the Commission has the authority to make commitments concerning non-budgeted operations.
1 Individual signatures are not allowed.
2 In addition to the regulations set out in Art. 24, para. 1, OFDG, the following entities or persons have the right of signing for the funds:
The wealth of the two funds is managed separately.
The capital of the funds must be managed in such a way that it can cover, taking into account the annual contributions, the probable costs of decommissioning and managing each nuclear facility until the final disposal, by holding The parameters of the OFDG Annex 1.
1 When investing funds, it is appropriate to:
2 In addition to the restrictions under s. 16 OFDG, the following investment restrictions must be taken into account:
Capital management must be organized as an ongoing process.
1 The investment control department must be an external service provider.
2 He must not have any link with the makeshift managers that may seem to involve a bias. In addition to its monitoring activities, it can provide advice to the funds. The business of counselling, however, must not lead to conflicts of interest.
The Investment Control Service carries out the following tasks on the committee's terms of reference: