Federal Constitution of the Swiss Confederation (FCSC)

Art. 196FCSC from 2022

Art. 196

1.Transitional provision to Art. 84 (Transalpine transit traffic)

The transfer of freight transit traffic from road to rail must be completed ten years after the adoption of the popular initiative for the protection of the alpine regions from transit traffic.

2. Transitional provision to Art. 85 (Flat-rate heavy vehicle charge)

¹ The Confederation shall levy an annual charge for the use of roads that are open to general traffic on domestic and foreign motor vehicles and trailers that have a maximum permissible weight of over 3.5 tonnes.

² This charge amounts to:

³ The rates of the charge may be adjusted by federal act insofar as this is justified by the cost of road transport.

⁴ In addition, the Federal Council may adjust by ordinance the tariff category above 12 t in accordance with paragraph 2 to comply with any amendments to the weight categories contained in the Road Traffic Act of 19 December 1958¹³⁴.

⁵ For vehicles that are not on the road in Switzerland for the entire year, the Federal Council shall determine suitably graduated rates of the charge; it shall take account of the costs of collecting the charge.

⁶ The Federal Council shall regulate the implementation of the charge. It may determine rates in terms of paragraph 2 for special categories of vehicle, exempt certain vehicles from the charge and issue special regulations, in particular for journeys in border areas. Such regulations must not result in vehicles registered abroad being treated more favourably than Swiss vehicles. The Federal Council may provide for fines in respect of contraventions. The Cantons shall collect the charge on vehicles registered in Switzerland.

⁷ The charge may be limited or abolished by law.

⁸ This provision applies until the Heavy Vehicle Charge Act of 19 December 1997¹³⁵ comes into force.

3.Transitional provisions to Art. 86 (Use of charges for tasks and costs in connection with road transport), Art. 87 (Railways and other carriers) and Art. 87a (Railway infrastructure)¹³⁶

¹ The major rail projects include the New Rail Link through the Alps (NRLA), RAIL 2000, the connection of Eastern and Western Switzerland to the European High Speed Rail Network as well as the improvement of noise protection along railway lines through active and passive measures.

² Until the interest payments and repayments on the advances made to the fund in accordance with Article 87a paragraph 2 have been made in full, the monies in accordance with Article 86 paragraph 2 letter e shall be allocated to the special finance programme for road transport in accordance with Article 86 paragraph 4 instead of the fund in accordance with Article 86 paragraph 2.¹³⁷

^2bis In order to finance railway infrastructure and thereafter to finance the interest and repayments on the advances made to the fund in accordance with Article 87a paragraph 2, the Federal Council may use monies in accordance with paragraph 2 until 31 December 2018. The monies shall be calculated in accordance with Article 86 paragraph 2 letter e.¹³⁸

^2ter The percentage in accordance with Article 86 paragraph 2 letter f applies from two years after this provision comes into force. Prior to that, it shall be 5 per cent.¹³⁹

³ The financing of the major rail projects in accordance with paragraph 1 shall be carried out through the fund under Article 87a paragraph 2.¹⁴⁰

⁴ The four major rail projects in terms of paragraph 1 shall be adopted by federal acts. Proof must be established of the necessity and readiness for implementation For each major project in its entirety. In the case of the NRLA project, each of the construction phases shall form the subject matter of a federal act. The Federal Assembly shall approve the required financing through guarantee credits. The Federal Council shall approve the construction phases and determine the time schedule.

⁵ This provision applies until the conclusion of the construction work and of the financing (through repayment of the advances) of the major rail projects mentioned in paragraph 1.

4.Transitional provision to Art. 90 (Nuclear energy)

Until 23 September 2000, no general, construction, start-up or operating licences for new facilities for the production of nuclear energy may be granted.

5.Transitional provision to Art. 95 (Private economic activity)

Until the enactment of federal legislation, the Cantons must mutually recognise their education or training qualifications.

6.Transitional provision to Art. 102 (National economic supply)

¹ The Confederation shall guarantee the national supply of bread grain and baking flour.

² This transitional provision remains in force until 31 December 2003 at the latest.

7.Transitional provision to Art. 103 (Structural policy)

For no more than ten years from the date on which the Constitution comes into force, the Cantons may retain existing regulations that make the opening of new businesses dependent on establishing a need, in order to guarantee the existence of important parts of a specific branch of the hotel and restaurant industry.

8.¹⁴¹...

9.Transitional provision to Art. 110 para. 3 (National Day of the Swiss Confederation)

¹ Until the amended federal legislation comes into force, the Federal Council shall regulate the details.

² The National Day of the Swiss Confederation shall not be included in the calculation of the number the public holidays in accordance with Article 18 paragraph 2 of the Employment Act of 13 March 1964¹⁴².

10.¹⁴³ ...

11.Transitional provision to Art. 113 (Occupational Pension Scheme)

Insured persons who belong to the generation working at the time of the introduction of the occupational pension scheme and therefore do not contribute for the full period shall receive the statutory minimum benefits, according to their income, within 10 to 20 years of the Act coming into force.

12.¹⁴⁴...

13.¹⁴⁵Transitional provision to Art. 128 (Duration of tax levy)

The power to levy the direct federal tax shall be limited until the end of 2035.

14.¹⁴⁶ Transitional provision to Art. 130 (Value Added Tax)¹⁴⁷

¹ The power to levy value added tax is limited until the end of 2035.¹⁴⁸

² In order to guarantee the funding of invalidity insurance, the Federal Council shall raise the value added tax rates from 1 January 2011 until 31 December 2017 as follows: ...

³ The revenue from the increase in rates in accordance with paragraph 2 will be allocated in full to the Compensation Fund for Invalidity Insurance.¹⁴⁹

⁴ In order to secure the financing of railway infrastructure, the Federal Council shall raise the tax rates under Article 25 of the Value Added Tax Act of 12 June 2009¹⁵⁰ from 1 January 2018 by 0.1 of a percentage point, in the event of an extension of the time limit under paragraph 1 until 31 December 2030 at the latest.¹⁵¹

⁵ The entire revenue from the increase under paragraph 4 shall be allocated to the fund under Article 87a.¹⁵²

15.¹⁵³ ...

16.¹⁵⁴ ...

¹³³ Adopted by the popular vote on 3 March 2002, in force since 3 March 2002 (FedD of 5 Oct. 2001, FCD of 26 April 2002; AS 2002 885; BBl 2000 2453, 2001 1183 5731, 2002 3690).

¹³⁴ SR 741.01

¹³⁵ SR 641.81

¹³⁶ Adopted by the popular vote on 12 Feb. 2017, in force since 1 Jan. 2018 (FedD of 30 Sept. 2016, FCD of 10 Nov. 2016 – AS 2017 6731; BBl 2015 2065, 2016 7587, 2017 3387).

¹³⁷ Adopted by the popular vote on 12 Feb. 2017, in force since 1 Jan. 2018 (FedD of 30 Sept. 2016, FCD of 10 Nov. 2016 – AS 2017 6731; BBl 2015 2065, 2016 7587, 2017 3387).

¹³⁸ Adopted by the popular vote on 12 Feb. 2017, in force since 1 Jan. 2018 (FedD of 30 Sept. 2016, FCD of 10 Nov. 2016 – AS 2017 6731; BBl 2015 2065, 2016 7587, 2017 3387).

¹³⁹ Adopted by the popular vote on 12 Feb. 2017, in force since 1 Jan. 2018 (FedD of 30 Sept. 2016, FCD of 10 Nov. 2016 – AS 2017 6731; BBl 2015 2065, 2016 7587, 2017 3387).

¹⁴⁰ Adopted by the popular vote on 9 Feb. 2014, in force since 1 Jan. 2016 (FedD of 20 June 2013, FCD of 13 May 2014, FCD of 2 June 2014, FCD of 6 June 2014; AS 2015 645; BBl 2010 6637, 2012 1577, 2013 4725 6518, 2014 4113 4117).

¹⁴¹ Art. 106 was revised on 11 March 2012.

¹⁴² SR 822.11

¹⁴³ Repealed by the popular vote on 28 Nov. 2004, with effect from 1 Jan. 2008 (FCD of 3 Oct 2003, FCD of 26 Jan. 2005, FCD of 7 Nov. 2007; AS 2007 5765; BBl 2002 2291, 2003 6591, 2005 951)

¹⁴⁴ Art. 126 was revised on 2 Dec. 2001.

¹⁴⁵ Adopted by the popular vote on 4 March 2018, in force since 1 Jan. 2021 (FedD of 16 June 2017, FCD of 13 Feb. 2019; AS 2019 769; BBl 2016 6221, 2017 4205, 2018 2761).

¹⁴⁶ Adopted by the popular vote on 28 Nov. 2004, in force since 1 Jan. 2007 (FedD of 19 March 2004, FCD of 26 Jan. 2005, FCD of 2 Feb. 2006; AS 2006 1057; BBl 2003 1531, 2004 1363, 2005 951).

¹⁴⁷ Adopted by the popular vote on 27 Sept. 2009, in force since 1 Jan. 2011 (FedD of 13 June 2008 and of 12 June 2009, FCD of 7 Sept. 2010; AS 2010 3821; BBl 2005 4623, 2008 5241, 2009 4371 4377 4379 8719).

¹⁴⁸ Adopted by the popular vote on 4 March 2018, in force since 1 Jan. 2021 (FedD of 16 June 2017, FCD of 13 Feb. 2019; AS 2019 769; BBl 2016 6221, 2017 4205, 2018 2761).

¹⁴⁹ Adopted by the popular vote on 27 Sept. 2009, in force since 1 Jan. 2011 (FedD of 13 June 2008 and of 12 June 2009, FCD of 7 Sept. 2010; AS 2010 3821; BBl 2005 4623, 2008 5241, 2009 4371 4377 4379 8719).

¹⁵⁰ SR 641.20

¹⁵¹ Adopted by the popular vote on 9 Feb. 2014, in force since 1 Jan. 2016 (FedD of 20 June 2013, FCD of 13 May 2014, FCD of 2 June 2014, FCD of 6 June 2014; AS 2015 645; BBl 2010 6637, 2012 1577, 2013 4725 6518, 2014 4113 4117).

¹⁵² Adopted by the popular vote on 9 Feb. 2014, in force since 1 Jan. 2016 (FedD of 20 June 2013, FCD of 13 May 2014, FCD of 2 June 2014, FCD of 6 June 2014; AS 2015 645; BBl 2010 6637, 2012 1577, 2013 4725 6518, 2014 4113 4117).

¹⁵³ Repealed by the popular vote on 4 March 2018, with effect from 1 Jan. 2021 (FedD of 16 June 2017, FCD of 13 Feb. 2019; AS 2019 769; BBl 2016 6221, 2017 4205, 2018 2761).

¹⁵⁴ Repealed by the popular vote on 28 Nov. 2004, with effect from 1 Jan. 2008 (FCD of 3 Oct 2003, FCD of 26 Jan. 2005, FCD of 7 Nov. 2007; AS 2007 5765; BBl 2002 2291, 2003 6591, 2005 951)