type: legislation

jurisdiction: Switzerland

text: 171.14English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.Standing Orders of the Council of States(SO-CS)of 20 June 2003 (Status as of 7 September)The Council of States,on the basis of Article 36 of the Parliament Act of 13 December 20021 (ParlA), and having considered the report of the Political Institutions Committee of the Council of States of 31 March 20032,decrees:1 SR 171.102 BBl 2003 3508Chapter 1 Accession to the Council  Art. 1 Notification by the Cantons  The Council acknowledges the notifications by the Cantons concerning the results of elections to the Council of States.Art. 2 Swearing-in  1 After the Council has acknowledged the notifications by the Cantons concerning elections to the Council of States, the newly-elected Council members shall swear the oath or make the solemn promise. Council members who have been directly re-elected are not sworn in again.2 All persons present in the chamber and in the gallery shall rise for the swearing-in.3 The President shall request the Secretary-General to read out the solemn promise or oath.4 Persons swearing the oath raise shall three fingers of their right hand and say the words «I swear»; persons making the solemn promise say the words «I solemnly promise».Chapter 2 Organs  Section 1 Election of the Presiding College and of the Bureau  Art. 3 1 The Council shall elect the members of the Presiding College and of the Bureau individually at the beginning of each winter session.2 Immediate re-election to the same office is not possible, apart from to the office in accordance with Article 5 paragraph 1 letter d.3 If the office of a member of the Bureau becomes vacant during the term of office, the Council shall elect a substitute member for the remaining period; if the post of President becomes vacant, the Council shall hold a substitute election if the President leaves office before the start of the summer session.Section 2 President and Presiding College  Art. 4 1 The President shall fulfil the tasks conferred on him or her by law and:a.chair the Council meetings;b.establish the agenda, subject to Council decisions to the contrary, taking into consideration the programme of the parliamentary session established by the Bureau;c.chair the Presiding College and the Council Bureau;d.represent the Council in its external dealings.2 If the President is unable to chair the meeting, or wishes by way of exception to participate in a debate, he or she shall be replaced provisionally by the First Vice-President, or if need be by the Second Vice-President.3 If neither Vice-President is able to chair the meeting, the presidency shall be assumed by the following persons:a.a predecessor; if more than one is present in the Council, the council member who more recently exercised the office shall take precedence;b.the council member who has served the most terms of office; if two or more council members have served the same term, the older member shall take precedence.4 The Vice-Presidents:a.support the President;b.carry out with the President the tasks conferred on the Presiding College by law.5 Decisions of the Presiding College require the approval of at least two of its members.Section 3 The Bureau  Art. 5 Composition and procedure  1 The Bureau comprises:a.the three members of the Presiding College;b.a Teller;c.a Deputy Teller;d.a further member from each group of the Federal Assembly with at least five members in the Council of States which is not represented among the members of the Bureau under letters a–c.2 The Bureau is subject to the procedural rules of the committees.Art. 6 Tasks  1 The Bureau:a.plans the activities of the Council and establishes the session programme, subject to decisions by the Council to modify the list of items of business, or to add or withdraw such items;b.sets the remit of the standing committees and institutes special committees;c.allocates business to the committees for preliminary debate, co-reporting or final examination and sets deadlines; it may delegate this task to the President;d.coordinates the activities of the committees;e.examines, at the request of the Finance Committee, whether a committee responsible for the preliminary examination of a matter should seek an opinion from the Finance Committee under Article 49 paragraph 5 ParlA; f.schedules the meetings of the committees for the year;g.elects the presidents, vice-presidents, and members of the committees, unless the law provides otherwise;h.ascertains the results of elections and votes; the President may call on other members of the council if the Tellers and their replacements are impeded;i.examines whether incompatibilities exist under Article 14 letters b–f ParlA, and, if necessary, requests the Council to confirm the existence of any incompatibility;j.handles all other issues of organisation and procedure in the Council.2 The Bureau shall consult the presidents of the committees before taking decisions on matters concerning paragraph 1 letters b, c, and f. 3 Council members have three days in which to contest an election under paragraph 1 letter g and propose the nomination of another member of the Council; the decision rests with the Council.Section 4 Committees and Delegations  Art. 7 Standing Committees  1 The following standing committees exist:1.Finance Committee (FC);2.Control Committee (CC);3.Foreign Affairs Committee (FAC);4.Science, Education and Culture Committee (SECC);5.Social Security and Health Committee (SSHC);6.Environment, Spatial Planning and Energy Committee (ESPEC);7.Security Policy Committee (SPC);8.Transport and Telecommunications Committee (TTC);9.Economic Affairs and Taxation Committee (EATC);10.Political Institutions Committee (PIC);11.Legal Affairs Committee (LAC);12.3...2 The standing committees have 13 members.43 Repealed by No I of the Decree of 20 March 2008, with effect from 1 April 2008  (AS 2008 1215; BBl 2008 1861 1863).4 Amended by No I of the Decree of 20 March 2008, in force since 1 April 2008  (AS 2008 1215; BBl 2008 1861 1863).Art. 8 Special committees  In exceptional cases, the Bureau may institute special committees. Prior to doing so, it shall consult the presidents of the standing committees whose area of competence may be affected.Art. 9 Delegations  Unless otherwise provided in an act or ordinance of the Federal Assembly, the provisions on committees set out in the Parliament Act and in these Standing Orders apply mutatis mutandis to the standing and non-standing delegations.Art. 10 Legislature Planning Committee  The Legislature Planning Committee is constituted in the first session of the legislative period of the National Council as the special committee for the preliminary examination of the Federal Council’s report on the legislature plan.Art. 11 Sub-committees  1 Every committee may, with the approval of the Bureau, establish its own sub-committees.2 The committee shall issue the sub-committee with an assignment that specifies its task and sets a deadline for the submission of its reports.Art. 12 Tasks of the President  1 The President of the committee:a.plans the work of the committee;b. sets the agenda, subject to contrary decisions by the committee;c.chairs the meetings of the committee;d.represents the committee in its external dealings.2 If the President is unable to act, Article 4 paragraph 2 and 3 applies mutatis mutandis.3 The President shall participate in votes held by the committee. In the event of a tie, he or she has the casting vote.Art. 13 Term of office  1 The term of office of all committee members is four years, subject to contrary provisions contained in the Parliament Act or in an ordinance of the Federal Assembly. It ends at the latest with the total renewal of the committees in the first session of the new legislative period. Re-election is possible.2 The term of office of presidents and vice-presidents of the standing committees is two years. Immediate re-election to the same office is not possible.3 The term of office of the members of a special committee corresponds to the duration of the committee’s activity.4 If a seat on the committee becomes vacant, the person elected to fill the seat on the committee serves out the remainder of the term of office.Art. 14 Substitution  1 A committee member may be substituted for a single meeting or individual meeting days.2 If a committee member leaves the Council, the parliamentary group shall nominate a replacement, as long as the Bureau has not assigned another member to the position.3 The committee secretariat shall be notified of the replacement member under paragraphs 1 and 2 without delay.4 Members of the Control Committee and members of a Parliamentary Investigation Committee, or their sub-committees, may not be substituted by another member.5 A member of a sub-committee may only be replaced by another member of the main committee.Art. 15 Informing the public  1 The president or members selected by the committee shall inform the media in written or oral form of the main results of the committee’s deliberations.2 The information provided generally includes the main decisions taken, the results of any votes and the principal arguments presented in the course of the deliberations.3 Persons present at the meetings shall not release any information before the committee has released its official communication.4 Any information regarding views expressed by persons present at the meeting or how they voted shall remain confidential, unless they decide to submit a minority proposal to the Council.Art. 16 Reporting  1 For every item of business, the committee shall nominate one of its members to report to the Council and to present the proposals of the committee.2 The committee may deliver a written report to the Council. It does so particularly if no other official explanatory document exists.Chapter 3 Procedure  Section 1 Preliminary Examination, Allocation and Examination of Items of Business Art. 17 Preliminary examination  1 Items of business under Article 71 ParlA is subject to preliminary examination by the responsible committees; exceptions there from are:a.procedural requests by the members of the council and groups;b.candidates for election;c.points of order;d.statements made by the Federal Council;e.other items of business stipulated by law or by these Standing Orders.2 At the request of the cantons, the committees shall hear the opinions of the cantons with regard to the feasibility of implementation of legislation enacted by the Federal Assembly.3 A procedural request may be subjected to preliminary examination if the responsible committee or the Council so decides. 4 ...55 Repealed by No I of the Decree of 17 June 2011 (Council body responsible for application to lift immunity), with effect from 5 Dec. 2011 (AS 2011 4635; BBl 2010 7345 7385).Art. 18 Allocation  1 New items of business are generally allocated to a committee for preliminary examination as soon as possible. 2 A Federal Council report may be allocated directly to the responsible committee. The committee may request the Bureau to include the report in the session programme.Art. 19 Examination of formal legality  1 A parliamentary initiative or procedural request submitted by a member of the Council shall be examined for its formal legality by the President on its submission. 2 The evaluation of formal legality according to Article 71 ParlA is only conducted by the President on request. If the item of business is pending in the Federal Assembly, the President of the National Council shall be consulted. 3 If an item of items of business is declared inadmissible by the President, the author may appeal to the Bureau. The decision of the Bureau is final.Art. 20 Communication to the Council of the results of the preliminary examination  1 Legislative bills produced by a committee or proposals submitted by the committee responsible for the preliminary examination of a legislative bill put forward by the Federal Council must be sent to members of the Council at least fourteen days before they are due to come before the Council; this rule does not apply to legislative bills examined by both chambers in the same session (Art. 85 ParlA).2 If the documents are not submitted in time, the Bureau shall consider removing the item of business from the session programme.Art. 20a6 6 Inserted by No I of the CS Decree of 4 May 2020 (Sessions outside the Parliament Building), in force from 4 May 2020 until the CS sits in the Parliament Building again  (7 Sept. 2020) (AS 2020 1605; BBl 2020 4315).Section 2 Business and Procedure  a. Parliamentary Initiatives and Procedural Requests Art. 21 Submission  A member of the Council may submit a parliamentary initiative or a procedural request in writing during the Council sitting.Art. 22 Statement of reasons  1 The wording of a parliamentary initiative and of a procedural request must not contain a statement of reasons.2 The Council member must add a statement of reasons to a parliamentary initiative. motion or a postulate.77 Amended by No I of the Decree of 21 June 2013 (Improvements in the Organisation and Procedures of Parliament), in force since 25 Nov. 2013 (AS 2013 3695; BBl 2011 6793 6829).Art. 23 Answering of procedural requests  The addressee of a procedural request shall respond to the request in writing by the next ordinary session following submission of the request. If the addressee of a procedural request is unable to respond to the request within the specified period, he or she shall inform the Bureau and the author stating a reason for the delay.Art. 24 Procedure in the Council  1 Motions, postulates and interpellations shall generally be considered during the ordinary session following their submission.2 If a procedural request and an item of business pending in the Council relate to the same matter, the two may be considered together.3 An interpellant may declare his or her satisfaction with the Federal Council’s response, even if the Council refuses to debate the interpellation.Art. 25 Co-signatories  1 A parliamentary initiative or procedural request may be signed by more than one council member. The member signing first is considered the author.1bis ...82 The author may withdraw the initiative or request without approval of the co-signatories.8 Inserted by No I of the CS Decree of 4 May 2020 (Sessions outside the Parliament Building), in force from 4 May 2020 until the CS sits in the Parliament Building again  (7 Sept. 2020) (AS 2020 1605; BBl 2020 4315).Art. 26 Urgent treatment  1 An interpellation or a question may be declared urgent.2 The Bureau is responsible for the declaration of urgency.3 An urgent question must be submitted at the latest one week before the close of the session, and in one-week sessions on the first day. It shall be answered by the Federal Council in writing within three weeks.94 The Bureau may with the consent of its author convert an urgent interpellation into an urgent question.109 Amended by No I of the Decree of 21 June 2013 (Improvements in the Organisation and Procedures of Parliament), in force since 25 Nov. 2013 (AS 2013 3695; BBl 2011 6793 6829).10 Amended by No I of the Decree of 21 June 2013 (Improvements in the Organisation and Procedures of Parliament), in force since 25 Nov. 2013 (AS 2013 3695; BBl 2011 6793 6829).b. Statements Art. 27 Statement by the Council of States  1 At the request of a member of the Council or a committee, the Council may make a statement on important events or on foreign or domestic policy matters.2 The Council may decide to hold a discussion on the draft of a statement. It may approve or reject the draft or refer it back to the committee.3 The draft of a statement shall be abandoned if it is not considered in the ongoing or subsequent session.Art. 28 Statement by the Federal Council  1 The Federal Council may make a statement to the Council on important events or on foreign or domestic policy matters.2 At the request of a member, the Council may decide to hold a discussion on the statement.c. Lifting Immunity Art. 28a11 The Legal Affairs Committee is responsible for dealing with requests to lift the immunity of a Council member, a member of the Federal Council, the Federal Chancellor or federal judges, or similar requests.11 Inserted by No I of the Decree of 17 June 2011 (Council body responsible for application to lift immunity), in force since 5 Dec. 2011 (AS 2011 4635; BBl 2010 7345 7385).Section 3 Organisation of Council Sittings  Art. 29 Agenda   1 Notice is given of the agenda as follows:a.for the first sitting of a session: when the session programme is sent out;b.for other sittings: at the end of the preceding sitting.2 The agenda lists all items of business.3 The President may exceptionally add items to the agenda during the sitting, in particular in order to deal with differences and deferred matters for consideration.Art. 30 Minutes  1 In the cases under Article 44 paragraph 2, the Clerk to the Council shall take the minutes in the language of the President. The minutes shall state:a.the matters that have been discussed;b.the proposals made;c.the result of the votes and elections;d.the members of the Council who have been excused.122 The President shall approve the minutes.12 Amended by No I of the Decree of 22 March 2013 (Electronic Voting Equipment), in force since 1 March 2014 (AS 2014 251; BBl 2012 9463).Art. 31 Quorum  The President shall verify whether the Council is quorate:a.before elections, votes on entire bills and final votes as well as votes on provisions that require the approval of a majority of the members of the Council in accordance with Article 159 paragraph 3 of the Federal Constitution13 in order to be accepted;b.at the request of a member of the Council.13 SR 101Art. 32 Attendance  1 The President opens the sitting. The roll is then called.2 Members of the Council shall notify the Clerk to the Council, if possible before the sitting, if they are unable to attend.Art. 33 Dress code  All persons present in the chamber shall wear appropriate attire.Art. 34 Call to Order  1 The President shall call persons attending a sitting to order who:a.make insulting or irrelevant remarks or infringe other procedural rules;b.by their conduct disrupt Council proceedings.2 If the call to order is disregarded, the President may order that disciplinary measures be taken in accordance with Article 13 paragraph 1 ParlA.3 The Council shall decide without discussion on objections made by the person concerned.Section 4 Council Debates  Art. 35 Requesting and granting the right to speak  1 In the Council, no one may speak unless granted the right to do so by the President.2 Anyone who wishes to speak must submit a request to do so to the President.3 The President shall normally grant the right to speak in the following order:a.the committee rapporteur;b.committee members;c.members of the Council.4 Members of the Council shall generally be granted the right to speak in the order in which their requests are received.5 The committee rapporteurs and the representative of the Federal Council shall be allowed to speak when they request to do so.6 Members of the Council shall be granted the right to speak out of turn if they wish to make a point of order or personal statement.Art. 36 Personal statement   Any member of the Council may make a brief personal statement; this may be used to respond to a comment relating to his or her person or in order to rectify a statement that he or she has made.Art. 37 Introduction and detailed consideration  1 The Council may dispense with an introductory debate, unless a proposal is submitted not to approve introduction.2 It may decide to debate an item of business article by article, in sections or in its entirety.Art. 38 Proposals  1 A proposed amendment must be submitted to the President in writing and normally before the debate on the item of business concerned.1bis ...142 He or she shall examine the proposed amendments on their filing to confirm that they fulfil the formal requirements.3 A proposed amendment shall be subject to a preliminary examination by the committee responsible if the Council so decides.14 Inserted by No I of the CS Decree of 4 May 2020 (Sessions outside the Parliament Building), in force from 4 May 2020 until the CS sits in the Parliament Building again  (7 Sept. 2020) (AS 2020 1605; BBl 2020 4315).Art. 39 Points of order  1 The Council shall usually deal with a point of order immediately.2 It shall decide without discussion on any proposal for reconsideration, after hearing a brief statement of reasons for the proposal and any counter-proposal.3 If the Council votes in favour of the proposal for reconsideration, the article or section shall be debated again.Art. 40 Conclusion of the debate  The President closes the debate if there are no further requests to speak.Art. 41 Second reading  1 An item of business that has been substantially amended due to proposals from the floor of the Council shall be returned for editorial revision to the committee responsible for the preliminary examination, if the Council so decides.2 The revised text shall be submitted to the Council for approval as a whole.Section 5 Voting  Art. 42 Wording of the question  Before the vote, the President shall provide a brief summary of the proposed amendments made and submit proposals to the Council on the question and on the order of voting in accordance with Articles 78 and 79 ParlA.Art. 43 Abstention and statement of reasons for the vote  1 No member of the Council is obliged to vote.2 Prior to votes on entire bills and final votes on legislative bills, as well as votes in which the approval of a majority of members of the Council is required under Article 159 paragraph 3 of the Federal Constitution15, each member of the Council shall be entitled to state briefly the reasons for his or her vote or abstention.15 SR 101Art. 4416 Voting  1 Each member of the Council votes from his or her desk using the electronic voting system.2 If sittings are held in camera or if the electronic voting equipment is defective, voting is by show of hands or roll call.16 Amended by No I of the Decree of 22 March 2013 (Electronic Voting Equipment), in force since 1 March 2014 (AS 2014 251; BBl 2012 9463).Art. 44a17 Recordings and publishing voting data  1 The electronic voting system counts and records the votes cast in every vote.2 The way in which the members of the Council vote and the result are shown on electronic display panels.3 The President announces the result.4 The result is published in the form of a list of names:a.in the case of votes on entire bills;b.in the case of final votes;c.in the case of votes on provisions that require the approval of a majority of the members of the Council in accordance with Article 159 paragraph 3 of the Federal Constitution18 in order to be accepted;d.if at least ten members of the Council so request.5 On the list of names, for each member it is indicated whether he or she:a.votes yes; b.votes no; c.abstains; d.does not participate in the vote; or e.is excused.6 A person is regarded as excused if he or she gives notice of being unable to attend an entire day's sitting at the latest by the start of the sitting due to an assignment from a permanent delegation in accordance with Article 60 ParlA or due to close family bereavement, maternity, accident or illness.196bis A person is regarded as partially excused if he or she gives notice of being unable to attend part of a day's sitting at the latest by the start of the sitting due to an assignment from a parliamentary body.207 The office may on request authorise a scientific evaluation of unpublished voting results.17 Inserted by No I of the Decree of 22 March 2013 (Electronic Voting Equipment), in force since 1 March 2014 (AS 2014 251; BBl 2012 9463).18 SR 10119 Amended by No I of the Decree of 20 March 2015 (Amendment of the Grounds for being excused), in force since 1 June 2015 (AS 2015 1295; BBl 2015 2239).20 Inserted by No I of the Decree of 20 March 2015 (Amendment of the Grounds for being excused), in force since 1 June 2015 (AS 2015 1295; BBl 2015 2239).Art. 45 Voting by a show of hands21  1 When voting by a show of hands in accordance with Article 44 paragraph 2, the votes need not be counted if the result of the vote is obvious.222 The number of votes cast and the number of abstentions must be counted in every case in the case of:a.votes on entire bills;b.final votes;c.votes that require the approval of a majority of the members of the Council in accordance with Article 159 paragraph 3 of the Federal Constitution23 in order to be accepted.21 Amended by No I of the Decree of 22 March 2013 (Electronic Voting Equipment), in force since 1 March 2014 (AS 2014 251; BBl 2012 9463).22 Amended by No I of the Decree of 22 March 2013 (Electronic Voting Equipment), in force since 1 March 2014 (AS 2014 251; BBl 2012 9463).23 SR 101Art. 4624 Roll call voting  1 Voting takes place in the cases under Article 44 paragraph 2 by calling the roll if this is requested by at least 10 members of the Council.2 In a vote by calling the roll, the members of the Council respond from their seats in alphabetical order of their names to question put to the vote by the President with a «Yes», «No» or «Abstain».3 The only vote that counts is that cast immediately after the member's name is read out.4 After each response, the Council Secretary announces the interim result.5 The result is published in the form of a list of names, other than in the case of sittings held in camera.24 Amended by No I of the Decree of 22 March 2013 (Electronic Voting Equipment), in force since 1 March 2014 (AS 2014 251; BBl 2012 9463).Chapter 4 House Rules  Art. 47 Access to the chamber and its antechambers  1 The following persons are allowed access to the Chamber and its anterooms (the Lobby and Antechamber) during the sessions:a.members of the Federal Assembly;b.members of the Federal Council and the Federal Chancellor;c.members of the Federal Supreme Court representing the federal courts on matters of business in accordance with Article 162 paragraph 2 ParlA;d.Parliamentary Services staff, as their duties require;e.staff accompanying members of the Federal Council, the Federal Chancellor or members of the Federal Supreme Court, as their duties require;f.photographers and camera crew bearing a pass issued by Parliamentary Services.2 During sessions, accredited journalists and the persons holding an entry pass in accordance with Article 69 paragraph 2 ParlA also have access to the antechambers.3 The gallery is open to the public, while the press gallery is open to accredited journalists.4 In the case of sittings in camera (Art. 4 para. 2 and 3 ParlA), only the persons specified in paragraph 1 letters a–d have access to the Chamber and to its antechambers. The galleries shall be cleared.5 The President may issue further regulations on access to the Chamber, its antechambers and the galleries; in particular he or she may impose time limits on the right to visit the gallery when there are large numbers of visitors.6 The President may issue regulations on the use of the rooms while the Council is not in session.Art. 48 Conduct of visitors to the Chamber  1 Visitors to the galleries shall remain quiet. They shall in particular refrain from any audible expression of approval or disapproval. Picture or sound recordings are only permitted with authorisation of the Parliamentary Services.2 The President shall order unauthorised persons to be removed from the Chamber.3 He or she shall order authorised persons who are not members of the Council to be removed from the Chamber or visitors to be removed from the gallery if, having been warned, they continue to behave inappropriately or to cause a disturbance.4 The President shall suspend the proceedings if order in the Chamber or in the galleries cannot be restored immediately.Chapter 5 Final Provisions  Art. 49 Repeal of current legislation  The Standing Orders of the Council of States of 24 September 198625 are repealed.25 [AS 1987 2, 1991 2340, 1994 2151, 1995 4360, 1997 1475, 1998 785, 1999 2614, 2000 1 and 241]Art. 50 Commencement   These Standing Orders come into force together with the Parliament Act on 1 December 2003.


text: 172.010English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.Government and Administration Organisation Act(GAOA)of 21 March 1997 (Status as of 2 December 2019)The Federal Assembly of the Swiss Confederation,based on Article 173 paragraph 2 of the Federal Constitution1,2 and having considered the Federal Council Dispatch dated 16 October 19963,decrees:1 SR 1012 Amended by No I of the FA of 1 Oct. 2010 (Data Protection in the Use of Electronic Infrastructure), in force since 1 April 2012 (AS 2012 941; BBl 2009 8513).3 BBl 1996 V 1Title 1 Principles  Art. 1 The Government  1 The Federal Council is the highest executive authority of the Confederation.2 It comprises seven members.3 It is assisted by the Federal Chancellor.Art. 2 The Federal Administration  1 The Federal Administration is subordinate to the Federal Council. It comprises the departments and the Federal Chancellery.2 The individual departments are divided into offices, which may be organised into groups. Each has a General Secretariat.3 The Federal Administration also includes decentralised administrative units in accordance with the terms of its organisational directives.4 Federal legislation may assign administrative duties to entities under public or private law which are not part of the Federal Administration.Art. 3 Principles of government and administrative activities  1 The Federal Council and Federal Administration act in accordance with the Constitution and the law.2 They are committed to the common welfare, protect citizen’s rights and the powers of the cantons and promote cooperation between the Confederation and cantons.3 They shall act to achieve their aims in a manner that is appropriate and economically viable.Art. 4 Political responsibility  The Federal Council is collectively responsible for its governmental functions.Art. 5 Review of federal tasks  The Federal Council shall regularly review the tasks of the Confederation and their implementation as well as the organisation of the Federal Administration. In doing so, it shall apply the criterion of necessity and assess whether the aims set out in the Constitution and the law have been achieved. It shall develop forward-looking solutions for action by the state.Title 2 The Government  Chapter 1 The Federal Council  Section 1 Functions  Art. 6 Government obligations  1 The Federal Council determines the aims of its government policy and the means to achieve them.2 It gives priority to the fulfilment of its obligations of government.3 It takes all the measures required to ensure the continuation of government activities at all times.4 It works to maintain the unity of the state and the cohesion of the country while protecting the diversity of the federal system. It helps the other state institutions to fulfil the duties assigned to them by the Constitution and the law in a timely and appropriate manner.Art. 7 Legislation  The Federal Council conducts the preliminary legislative proceedings, subject to the parliamentary right to an initiate legislation. It submits drafts of constitutional amendments, federal acts and decrees to the Federal Assembly and issues ordinances, provided it is authorised to do so under the Constitution and by law.Art. 7a4 Conclusion and amendment of or withdrawal from international treaties by the Federal Council5  1 The Federal Council may conclude, amend or withdraw from treaties under international law at its own behest in as far as it is authorised to do so by a federal act or by an international treaty approved by the Federal Assembly. Authorisation to conclude an international treaty includes authorisation to amend or withdraw from it.6 1bis It may withdraw from an international treaty at its own behest in as far as the Federal Constitution provides for withdrawal.72 It may conclude international treaties of limited scope at its own behest. It may likewise independently make amendments of limited scope to treaties or withdraw from international treaties of limited scope.83 International treaties or amendments of limited scope are those that:9a. do not create new obligations for Switzerland and do not constitute a waiver of existing rights;b. serve to implement treaties approved by the Federal Assembly and simply provide more detail on rights, obligations or organisational principles that are already set out in the main treaty;c. primarily concern the authorities and involve technical administrative issues.104 International treaties or amendments of limited scope do not include those that:11a. meet any of the requirements for an optional referendum on an international treaty under Article 141 paragraph 1 letter d of the Federal Constitution;b. contain provisions on matters the regulation of which falls solely under cantonal jurisdiction;c. cause non-recurring expenditure exceeding five million francs or recurring expenditure of more than two million francs per year.124 Inserted by Annex No II 3 of the Parliament Act of 13 Dec. 2002, in force since 1 Dec. 2003 (AS 2003 3543; BBl 2001 3467 5428).5 Amended by No I 2 of the FA of 21 June 2019 on the Authority to Conclude, Amend or Withdraw from International Treaties, in force since 2 Dec. 2019 (AS 2019 3119; BBl 2018 3471 5315).6 Amended by No I 2 of the FA of 21 June 2019 on the Authority to Conclude, Amend or Withdraw from International Treaties, in force since 2 Dec. 2019 (AS 2019 3119; BBl 2018 3471 5315).7 Inserted by No I 1 of the FA of 21 June 2019 on the Authority to Conclude, Amend or Withdraw from International Treaties, in force since 2 Dec. 2019 (AS 2019 3119; BBl 2018 3471 5315).8 Amended by No I 2 of the FA of 21 June 2019 on the Authority to Conclude, Amend or Withdraw from International Treaties, in force since 2 Dec. 2019 (AS 2019 3119; BBl 2018 3471 5315).9 Amended by No I 2 of the FA of 21 June 2019 on the Authority to Conclude, Amend or Withdraw from International Treaties, in force since 2 Dec. 2019 (AS 2019 3119; BBl 2018 3471 5315).10 Inserted by No I 1 of the FA of 26 Sept. 2014 on the Power to conclude International Treaties of Limited Scope and the Provisional Application of International Treaties, in force since 1 May 2015 (AS 2015 969; BBl 2012 7465).11 Amended by No I 2 of the FA of 21 June 2019 on the Authority to Conclude, Amend or Withdraw from International Treaties, in force since 2 Dec. 2019 (AS 2019 3119; BBl 2018 3471 5315).12 Inserted by No I 1 of the FA of 26 Sept. 2014 on the Power to conclude International Treaties of Limited Scope and the Provisional Application of International Treaties, in force since 1 May 2015 (AS 2015 969; BBl 2012 7465).Art. 7b13 Provisional application of international treaties by the Federal Council  1 Where the Federal Assembly is responsible for approving the conclusion of or amendment to an international treaty, the Federal Council may determine or agree the provisional application of the treaty without the approval of the Federal Assembly when it is necessary to safeguard important Swiss interests and the matter is of particular urgency.141bis It shall refrain from applying the treaty provisionally if the competent committees of both Councils are against doing so.152 The provisional application of an international treaty ends if the Federal Council fails to present the Federal Assembly with a draft of a federal decree on the treaty in question within six months.3 The Federal Council shall notify the parties to the treaty of the termination of the provisional application.13 Inserted by No I 1 of the FA of 8 Oct. 2004 on the Provisional Application of International Treaties, in force since 1 April 2005 (AS 2005 1245; BBl 2004 761 1017).14 Amended by No I 2 of the FA of 21 June 2019 on the Authority to Conclude, Amend or Withdraw from International Treaties, in force since 2 Dec. 2019 (AS 2019 3119; BBl 2018 3471 5315).15 Inserted by No I 1 of the FA of 26 Sept. 2014 on the Power to conclude International Treaties of Limited Scope and the Provisional Application of International Treaties, in force since 1 May 2015 (AS 2015 969; BBl 2012 7465).Art. 7bbis 16 Urgent withdrawal from international treaties by the Federal Council   1 Where the Federal Assembly is responsible for approving withdrawal from an international treaty, the Federal Council may withdraw from the treaty without the approval of the Federal Assembly if it is necessary to do so in order to safeguard important interests of Switzerland and if there is a particular urgency in doing so. 2 It may not withdraw urgently if the responsible committees of both chambers object to withdrawal.16 Inserted by No I 2 of the FA of 21 June 2019 on the Authority to Conclude, Amend or Withdraw from International Treaties, in force since 2 Dec. 2019 (AS 2019 3119; BBl 2018 3471 5315).Art. 7c17 Ordinances safeguarding the interests of the country  1 The Federal Council, in direct application of Article 184 paragraph 3 of the Federal Constitution, may when necessary issue an ordinance to safeguard the interests of the country.2 It shall limit the period of validity of the ordinance appropriately; the period of validity may not exceed four years.3 It may extend the period of validity once. In this case, the ordinance ceases to apply six months after the beginning of the extension if the Federal Council fails to present the Federal Assembly with a bill establishing a legal basis for the content of the ordinance.4 The ordinance ceases to apply:a. if the bill mentioned in paragraph 3 is rejected by the Federal Assembly; orb. at the latest with introduction of the legal basis provided for in paragraph 3.17 Inserted by No I 1 of the FA of 17 Dec. 2010 on Safeguarding Democracy, the Rule of Law and the Capacity to Act in Extraordinary Situations, in force since 1 May 2011  (AS 2011 1381; BBl 2010 1563 2803).Art. 7d18 Ordinances to safeguard external and internal security  1 The Federal Council may, in direct application of Article 185 paragraph 3 of the Federal Constitution, issue an ordinance to counter existing or imminent threats of serious disruption to public order or internal or external security.2 The ordinance ceases to apply:a. six months after its commencement if the Federal Council fails to submit to the Federal Assembly:1. a bill establishing a legal basis for the content of the ordinance, or2. a bill containing a Federal Assembly ordinance under Article 173 paragraph 1 letter c of the Federal Constitution which replaces the Federal Council’s ordinance;b. if the bill is rejected by the Federal Assembly; orc. if the legal basis or the replacement ordinance issued by the Federal Assembly comes into force.3 The Federal Assembly ordinance provided for in paragraph 2 letter a number 2 ceases to apply three years at the latest from its commencement.18 Inserted by No I 1 of the FA of 17 Dec. 2010 on Safeguarding Democracy, the Rule of Law and the Capacity to Act in Extraordinary Situations, in force since 1 May 2011  (AS 2011 1381; BBl 2010 1563 2803).Art. 7e19 Rulings to safeguard the interests of the country or to safeguard internal or external security  1 The Federal Council may, in direct application of Article 184 paragraph 3 or Article 185 paragraph 3 of the Federal Constitution, issue a ruling:a. if required to protect the country’s interests; orb. in order to counter existing or imminent threats of serious disruption to public order or internal or external security.2 The Federal Council shall inform the competent organ of the Federal Assembly within 24 hours of its resolution on the ruling.19 Inserted by No I 1 of the FA of 17 Dec 2010 on Safeguarding Democracy, the Rule of Law and the Capacity to Act in Extraordinary Situations, in force since 1 May 2011  (AS 2011 1381; BBl 2010 1563 2803).Art. 8 Organisation and management of the Federal Administration20  1 The Federal Council determines the appropriate organisation of the Federal Administration and adapts it to circumstances. It may diverge from the organisational provisions of other federal acts unless the Federal Assembly expressly places limitations on its organisational powers.212 It shall encourage efficiency and innovative ability within the Federal Administration.3 It supervises the Federal Administration in a continuous and systematic manner.4 It monitors the decentralised administrative bodies and other bodies charged with carrying out federal administrative tasks which are not themselves part of the Federal Administration.5 It determines, as appropriate, the strategic goals for the following autonomous units:a. entities under public or private law which:1. are not part of the central Federal Administration,2. were created under federal legislation or over which the Confederation has control by virtue of its capital or voting rights, and3. are delegated federal administrative duties;b. the ETH Domain.2220 Amended by No I of the FA of 22 March 2002 on the Revision of Organisational Provisions of Federal Legislation, in force since 1 Feb. 2003 (AS 2003 187; BBl 2001 3845).21 Amended by No I of the FA of 22 March 2002 on the Revision of Organisational Provisions of Federal Legislation, in force since 1 Feb. 2003 (AS 2003 187; BBl 2001 3845).22 Inserted by No I 2 of the FA of 17 Dec. 2010 on the Participation of the Federal Assembly in the Supervision of Autonomous Bodies, in force since 1 Jan. 2012  (AS 2011 5859; BBl 2010 3377 3413).Art. 9 Implementation and administration of the law  1 The Federal Council ensures that the legislation and other decisions of the Federal Assembly are implemented.2 It shall ensure the administration of administrative justice in as far as it is required to do so by legislation.Art. 10 Information  1 The Federal Council ensures that the Federal Assembly, the cantons and the general public are suitably informed.2 It ensures that consistent information on its assessments, plans, decisions and provisions is provided promptly and regularly.3 Special provisions to protect overriding public or private interests are reserved.Art. 10a23 Federal Council spokesperson  1 The Federal Council appoints a leading member of the Federal Chancellery as Federal Council spokesperson.2 The Federal Council spokesperson:a. provides information on behalf of the Federal Council to the general public;b. advises the Federal Council and its members on information and communication issues;c. coordinates the information activities of the Federal Council, the departments and the Federal Chancellery.23 Inserted by No I of the FA of 24 March 2000 (AS 2000 2095; BBl 1997 III 1568, 1999 2538). Amended by No I of the FA of 28 Sept. 2012, in force since 1 Jan. 2014  (AS 2013 4549; BBl 2002 2095, 2010 7811).Art. 11 Communication with the general public  The Federal Council maintains contact with the general public and ensures they are informed of the opinions and concerns discussed in the public domain.Section 2 Procedure and Organisation  Art. 12 Principle of collegiality  1 The Federal Council reaches its decisions as a collegial body.2 The members of the Federal Council shall represent the decisions of the whole.Art. 12a24 Duty to provide information  1 The members of the Federal Council and the Federal Chancellor inform the Federal Council regularly about their business and in particular about related risks and possible challenges.2 The Federal Council may request specific information from its members and from the Federal Chancellor.24 Inserted by No I of the FA of 28 Sept. 2012, in force since 1 Jan. 2014  (AS 2013 4549; BBl 2002 2095, 2010 7811).Art. 13 Deliberations  1 The Federal Council members shall make decisions of major importance or political scope jointly and at the same time.2 The Federal Council may decide on other items of business in a simplified procedure.3 The essential content of Federal Council deliberations and decisions are recorded in writing at all times. The Federal Council minutes guarantee transparency and aid the Federal Council as a management instrument.2525 Inserted by No I of the FA of 28 Sept. 2012, in force since 1 Jan. 2014 (AS 2013 4549; BBl 2002 2095, 2010 7811). The correction by the Federal Assembly Drafting Committee (Art. 58 Abs. 1 ParlA – SR 171.10) of 22 May 2017, published on  30 May 2017 relates to the French text only (AS 2017 3259).Art. 14 Directives  In preparing items of business of major importance or political scope, the Federal Council shall, if necessary, outline the relevant aims and guidelines.Art. 15 Joint reporting procedure  1 Items of business on which the Federal Council must decide are presented to the members of the Federal Council in a joint reporting procedure.2 The Federal Chancellery regulates the joint reporting procedure.Art. 16 Convening  1 The Federal Council convenes as frequently as its business requires.2 The Federal Council is convened by the Federal Chancellor on behalf of the President of the Confederation.3 Each member of the Federal Council may at any time ask for the Council to convene.4 In cases of urgency the President of the Confederation may make an exception to the regular procedure for convening the Council and conducting negotiations.Art. 17 Special discussions and closed-door meetings  The Federal Council holds special discussions and closed-door meetings on issues of far-reaching importance.Art. 18 Presidency and participation  1 The President of the Confederation chairs the discussions in the Federal Council.2 In addition to the members of the Federal Council, the Federal Chancellor also participates in the deliberations of the Federal Council in an advisory capacity. He or she has the right to make proposals in order to fulfil the tasks of the Federal Chancellery.263 The Vice-Chancellors shall be present at the discussions unless otherwise specified by the Federal Council.4 The Federal Council may call on the expertise of its administrative staff and qualified persons from within and outside of the Federal Administration when it considers this necessary in order to acquire information and form an opinion.26 Second sentence amended by No I of the FA of 28 Sept. 2012, in force since 1 Jan. 2014 (AS 2013 4549; BBl 2002 2095, 2010 7811).Art. 19 Quorum  1 The Federal Council may only reach a decision if at least four of its members are present.2 Decisions are taken by a majority vote. Federal Councillors are permitted to abstain from voting but a valid decision requires the votes of at least three members.3 The chairperson of the Federal Council takes part in the vote. In the event of a tie, his or her vote is worth double. This does not apply in the case of elections.Art. 20 Duty of recusal  1 Members of the Federal Council and the persons mentioned in Article 18 shall recuse themselves if they have an immediate personal interest in the matter at hand.2 If the Council is making a ruling or deciding on an appeal, the provisions on recusal of the Federal Act of 20 December 196827 on Administrative Procedure apply.27 SR 172.021Art. 21 Exclusion of the general public  The discussions of the Federal Council and the joint reporting procedure mentioned in Article 15 are not public. The public are informed in accordance with Article 10.Art. 2228 Deputisation in the event of absence  1 The Federal Council appoints a deputy for each Federal Councillor from among its members.2 Each member of the Federal Council shall ensure that in the event of unforeseen incidents his or her deputy is notified quickly and comprehensively about important business and the issues to be decided.3 Each member of the Federal Council and his or her deputy shall ensure the orderly handover of business.28 Amended by No I of the FA of 28 Sept. 2012, in force since 1 Jan. 2014  (AS 2013 4549; BBl 2002 2095, 2010 7811).Art. 2329 Federal Council committees  1 The Federal Council may appoint committees from among its members for certain items of business. These committees are normally made up of three members.2 The committees prepare discussions and decisions for the Federal Council or conduct discussions on behalf of the collegial body with other internal or external administrative bodies or private individuals. They have no decision-making powers.3 They inform the Federal Council regularly about their discussions.4 The Federal Chancellery runs the secretariat, which in particular keeps minutes of the discussions in the committee and manages the documentation.29 Amended by No I of the FA of 28 Sept. 2012, in force since 1 Jan. 2014  (AS 2013 4549; BBl 2002 2095, 2010 7811).Art. 24 Organisation ordinance  The Federal Council sets out in detail how it exercises its functions in an ordinance.Chapter 2 The President of the Confederation  Art. 25 Functions within the Federal Council  1 The President of the Confederation heads the Federal Council.2 The President of the Confederation:a. ensures that the Federal Council accomplishes its tasks in a timely, appropriate and coordinated manner;abis.30 coordinates matters of major importance in which two or more departments are involved or which are of major importance for the country;b.31 prepares discussions for the Federal Council and the agenda of matters to be discussed and seeks conciliation on controversial issues;bbis.32 may instruct a member of the Federal Council to submit a specific item of business to the Federal Council at a given time;c. ensures that the Federal Council organises and carries out its supervision of the Federal Administration in an appropriate manner;d. may at any time order investigations into specific matters and suggest appropriate measures to the Federal Council where necessary.30 Inserted by No I of the FA of 28 Sept. 2012, in force since 1 Jan. 2014  (AS 2013 4549; BBl 2002 2095, 2010 7811).31 Amended by No I of the FA of 28 Sept. 2012, in force since 1 Jan. 2014  (AS 2013 4549; BBl 2002 2095, 2010 7811).32 Inserted by No I of the FA of 28 Sept. 2012, in force since 1 Jan. 2014  (AS 2013 4549; BBl 2002 2095, 2010 7811).Art. 26 Presidential decisions  1 In urgent cases, the President may order precautionary measures to be taken.2 If it is not possible to arrange an ordinary or extraordinary Federal Council meeting, the President decides in its stead.3 These decisions must be submitted retrospectively to the Federal Council for approval.4 In addition, the Federal Council may authorise the President of the Confederation to decide on matters of a predominantly formal nature.Art. 27 Replacement in case of absence  1 If the President is unable to fulfil his or her public duties, the Vice-President takes responsibility as his or her replacement and takes over the presidential duties.2 The Federal Council may transfer certain presidential powers to the Vice-President.Art. 28 Representation  The President represents the Federal Council in Switzerland and abroad.Art. 29 Relationship with the cantons  The President is responsible for maintaining relations between the Confederation and the cantons with regard to shared concerns of a general nature.Art. 29a33 Presidential services unit  1 The President shall have a presidential services unit to take care of his or her special tasks, and in particular for international relations, communication, protocol and organisational matters.2 The presidential services unit is affiliated to the Federal Chancellery.33 Inserted by No I of the FA of 28 Sept. 2012, in force since 1 Jan. 2015  (AS 2013 4549; BBl 2002 2095, 2010 7811).Chapter 3 The Federal Chancellor  Art. 30 Functions  1 The Federal Chancellor is the chief of staff of the Federal Council.2 The Federal Chancellor:a. supports the President of the Confederation and the Federal Council in the fulfilment of their tasks;b. fulfils the responsibilities to the Federal Assembly assigned to him or her by the Constitution and the law.Art. 31 Organisation  1 The Federal Chancellor is head of the Federal Chancellery, just as the Federal Councillors are each head of a department.2 The Vice-Chancellors deputise for the Federal Chancellor.3 Unless subject to specific arrangements by the Federal Council, the organisation and management of the Federal Chancellery are governed by the provisions that apply to the entire Federal Administration, with the exception of the section on general secretariats.Art. 32 Advice and support  The Federal Chancellor:a. advises and supports the Federal President and the Federal Council in planning and coordination at government level;b. creates and supervises work plans and business rosters for the Federal President;c.34 takes part in the preparation and conduct of Federal Council meetings and is responsible for keeping the minutes and preparing official copies of the decisions;cbis.35 monitors on behalf of the Federal Council the progress of its business and of Federal Assembly mandates as well as the consistency of the content of business and mandates with the legislature plan, the Federal Council’s annual objectives and other federal plans, and may submit proposals to the Federal Council thereon in the event of new developments;cter.36 ensures that a long-term and continual analysis is made of the situation and environment and provides the Federal Council with regular reports thereon;d. prepares the Federal Council’s reports to the Federal Assembly on the key aspects of government policy and the management of the Federal Council;e. advises the Federal President and the Federal Council in terms of the overall management of the Federal Administration and assumes supervisory roles;f. supports the Federal Council in its dealings with the Federal Assembly;g.37 advises and supports the Federal Council in its efforts to recognise and respond to crises in good time.34 Amended by No I of the FA of 28 Sept. 2012, in force since 1 Jan. 2014  (AS 2013 4549; BBl 2002 2095, 2010 7811).35 Inserted by No I of the FA of 28 Sept. 2012, in force since 1 Jan. 2015  (AS 2013 4549; BBl 2002 2095, 2010 7811).36 Inserted by No I of the FA of 28 Sept. 2012, in force since 1 Jan. 2015  (AS 2013 4549; BBl 2002 2095, 2010 7811).37 Inserted by No I of the FA of 28 Sept. 2012, in force since 1 Jan. 2015  (AS 2013 4549; BBl 2002 2095, 2010 7811).Art. 33 Coordination  1 The Federal Chancellor ensures the coordination of interdepartmental affairs.1bis He or she carries out cross-departmental coordination tasks aimed at recognising and responding to crises in good time.382 He or she ensures coordination with the parliamentary administration. In particular, he or she consults the Secretary General of the Federal Assembly if the business of the Federal Council or its subordinate offices directly affects the procedure and organisation of the Federal Assembly or Parliamentary Services. He or she may take part in the meetings of the Administration Committee of the Federal Assembly in an advisory capacity.3938 Inserted by No I of the FA of 28 Sept. 2012, in force since 1 Jan. 2015  (AS 2013 4549; BBl 2002 2095, 2010 7811).39 Inserted by Annex No 3 of the FA of 8 Oct. 1999, in force since 1 Jan. 2000  (AS 2000 273; BBl 1999 4809 5979).Art. 33a40 Right to information  The Federal Chancellor may request information from the departments in order to fulfil his or her tasks.40 Inserted by No I of the FA of 28 Sept. 2012, in force since 1 Jan. 2014  (AS 2013 4549; BBl 2002 2095, 2010 7811).Art. 3441 Information  1 The spokesperson for the Federal Council in cooperation with the departments ensures that appropriate measures are taken to inform the public.2 The Federal Chancellor is responsible for internal information between the Federal Council and the departments.41 Amended by No I of the FA of 24 March 2000, in force since 1 Sept. 2000  (AS 2000 2095; BBl 1997 III 1568, 1999 2538).Title 3 The Federal Administration  Chapter 1 Direction and Principles of Direction  Art. 35 Direction  1 The Federal Administration is directed by the Federal Council and the heads of department.2 Each member of the Federal Council heads a department.3 The Federal Council allocates the departments among its members; each member has the duty to take over their designated department.4 The Federal Council may reallocate the departments at any time.Art. 36 Principles of direction  1 The Federal Council and the heads of department set the objectives and priorities of the Federal Administration.2 When they delegate the immediate fulfilment of tasks to project management bodies or units of the Federal Administration, they shall provide them with the required powers and resources.3 They assess the performance of the Federal Administration and periodically check whether their objectives have been met.4 They ensure the careful selection and continuing professional education of employees.Chapter 2 The Departments  Section 1 Heads of Department  Art. 37 Direction and responsibility  1 The head of department bears political responsibility for running a department.2 The head of department:a. sets the guidelines for running the department;b. delegates where necessary the immediate fulfilment of the department’s tasks to administrative units and employees under its authority;c. determines the organisation of the department within the terms of this act.Art. 38 Leadership instruments  In principle, the head of department has the unrestricted right to issue instructions, to lead his or her department and intervene personally in a matter. Special provisions for individual administrative units and the attribution of certain powers under federal legislation are reserved.Art. 38a42 Service agreements  1 The departments shall manage the following with annual service agreements:a. the administrative units of the central federal administration;b. the administrative units of the decentralised federal administration, if they do not keep their own accounts.2 The Swiss Federal Audit Office is exempted from management by service agreement. The Federal Council may provide for further exceptions.3 Where groups and offices manage administrative units with their own global budgets, the department may delegate the power to them to conclude the service agreements with these administrative units.4 In the service agreement, the tasks of the administrative units are set out according to projects and service groups. They must be given measurable goals.5 The administrative units report annually on the achievement of their goals. At the start of each legislature plan, they shall review the structure and goals of their service groups.42 Inserted by Annex No 2 of the FA of 26 Sept. 2014 (New Management Model for the Federal Administration), in force since 1 Jan. 2016 (AS 2015 1583; BBl 2014 767).Art. 39 Personal staff  The heads of department may employ personal staff and assign tasks to them.Art. 40 Information  In consultation with the Federal Chancellery, the heads of department take the measures required to inform the public of the departments’ activities and decide who is responsible for disseminating that information.Section 2 The General Secretariats  Art. 41 Position  1 Each department has a general secretariat as its general administrative office. The general secretariat may also conduct other tasks.2 The Secretary General is the department’s chief of staff.Art. 42 Functions  1 The General Secretariat supports the head of department in the planning, organisation and coordination of the department’s activities and in the decisions that he or she is required to make.2 It plays a supervisory role as instructed by the head of department.3 It ensures that the planning and activities of the department are coordinated with those of the other departments and of the Federal Council.4 It supports the head of department in preparing Federal Council discussions.Section 3 Offices and Groups of Offices  Art. 43 Position and functions  1 The offices are the administrative units charged with dealing with the business of the Administration.2 The Federal Council sets out in ordinances the way in which the Federal Administration is organised into offices. It assigns the offices areas of business which are closely related if possible and determines their tasks.3 The Federal Council assign the offices to the departments according to the criteria of management, coherence of tasks and material and political balance. It may reassign the offices at any time.4 The heads of department determine the organisational structure of the offices in their department. With the consent of the Federal Council, they may organise the offices into groups.5 The office directors determine the detailed organisation of their offices.Art. 4443 43 Repealed by Annex No 2 of the FA of 26 Sept. 2014 (New Management Model for the Federal Administration), with effect from 1 Jan. 2016 (AS 2015 1583; BBl 2014 767).Art. 45 Direction and Responsibility  The directors of the groups and offices are responsible to their superiors for directing the administrative units under them and for carrying out the duties assigned to them.Section 4 State Secretaries44 44 Inserted by No I of the FA of 28 Sept. 2012, in force since 1 Jan. 2014  (AS 2013 4549; BBl 2002 2095, 2010 7811). Art. 45a45 Appointment and function  1 The Federal Council may appoint as state secretaries the directors of offices or groups that are responsible for important fields of responsibility of a department. An offices or group that is headed by a state secretary may be known as a state secretariat.2 State secretaries support and relieve the burden on heads of department particularly in their dealings with foreign authorities.45 Inserted by No I of the FA of 28 Sept. 2012, in force since 1 Jan. 2014  (AS 2013 4549; BBl 2002 2095, 2010 7811).Art. 4646 Temporary award of the title of «State Secretary»  The Federal Council may temporarily award the title of «State Secretary» to persons in the Federal Administration who represent Switzerland on its behalf in high-level international negotiations.46 Amended by No I of the FA of 28 Sept. 2012, in force since 1 Jan. 2014  (AS 2013 4549; BBl 2002 2095, 2010 7811).Chapter 347 Fees 47 Inserted by No I 3 of the FA of 19 Dec. 2003 on the 2003 Budgetary Relief Programme, in force since 1 Jan. 2005 (AS 2004 1633; BBl 2003 5615). Art. 46a 1 The Federal Council issues provisions on charging appropriate fees for decisions and other services provided by the Federal Administration.2 It regulates the charging of fees in detail, in particular:a. the procedure for charging fees;b. the level of the fees;c. the question of liability when two or more people are required to pay fees;d. the time limits relating to the charging of fees.3 When setting fees, it observes the principles of equivalence and cost recovery.4 It may make exceptions in charging fees provided the decision or service is of overriding public interest.Title 4 Responsibilities, Planning and Coordination  Chapter 1 Responsibilities  Art. 47 Decisions  1 Depending the importance of an item of business, it is dealt with by the Federal Council, a department, a group or an office.2 The Federal Council sets out in an ordinance which administrative unit is responsible for decisions about individual items of business or in wider areas of business.3 If the departments are unable to agree on responsibility in specific cases, the President of the Confederation shall decide.4 The superordinate administrative units and the Federal Council may at any time take responsibility for deciding on a particular item of business.5 Mandatory responsibilities in accordance with the legislation on the administration of federal justice are reserved. If the appeal to the Federal Council is not permitted, the latter may issue a directive to the competent federal administrative authority on how to decide in accordance with the law.6 Federal Council business is delegated by law to the department competent for the matter concerned where rulings must be issued that are subject to an appeal to the Federal Administrative Court. The appeal against Federal Council rulings under Article 33 letters a and b of the Administrative Court Act of 17 June 200548 is reserved.4948 SR 173.3249 Amended by Annex No 9 of the Administrative Court Act of 17 June 2005, in force since 1 Jan. 2007 (AS 2006 2197 1069; BBl 2001 4202).Art. 48 Lawmaking  1 The Federal Council may delegate responsibility for enacting legal rules to the departments. In doing so, it takes account of the significance of the legal rules.2 Delegating lawmaking to groups and offices is only permitted if authorised by a federal act or a general binding federal decree.Art. 48a50 Conclusion and amendment of and withdrawal from international treaties  1 The Federal Council may delegate responsibility for concluding, amending or withdrawing from international treaties to a department. In the case of treaties of limited scope, or of amendments or withdrawals of limited scope, it may also delegate this responsibility to a group or federal office.2 It provides the Federal Assembly with an annual report on the treaties concluded, amended or withdrawn from by the Federal Council, the departments, groups and federal offices. Only the Control Delegation receives notice of confidential or secret treaties.50 Inserted by Annex No II 3 of the Parliament Act of 13 Dec. 2002 (AS 2003 3543; BBl 2001 3467 5428). Amended by No I 2 of the FA of 21 June 2019 on the Authority to Conclude, Amend or Withdraw from International Treaties, in force since 2 Dec. 2019 (AS 2019 3119; BBl 2018 3471 5315).Art. 49 Authorisation to sign  1 The heads of department may authorise the following persons to sign particular items of business in their name:a. secretaries-general or the persons representing them;b. members of senior management in the groups and offices;c. further persons in the general secretariat in relation to the department’s responsibilities as an appeal authority.2 They may also authorise these persons to sign rulings.513 The directors of the groups and offices and the secretaries general determine who is to have signature authorisation in their domain. Contracts, rulings or other formal commitments by the Confederation for sums of more than 100,000 francs require two signatures.524 The opening of bank or postal accounts in Switzerland requires an additional signature from the Federal Finance Administration.535 The Federal Council may permit exceptions to the requirement for two signatures in special cases.5451 Amended by No II 5 of the FA of 20 March 2008 on the Formal Revision of Federal Legislation, in force since 1 Aug. 2008 (AS 2008 3437; BBl 2007 6121).52 Amended by No I 1 of the FA of 17 March 2017 on the Stabilisation Programme 2017–2019, in force since 1 Jan. 2018 (AS 2017 5205; BBl 2016 4691).53 Inserted by No I 1 of the FA of 17 March 2017 on the Stabilisation Programme 2017–2019, in force since 1 Jan. 2018 (AS 2017 5205; BBl 2016 4691).54 Inserted by No I 1 of the FA of 17 March 2017 on the Stabilisation Programme 2017–2019, in force since 1 Jan. 2018 (AS 2017 5205; BBl 2016 4691).Art. 50 Official business  1 The Federal Council sets out the principles for maintaining international relations in the Federal Administration.2 Dealings with the cantonal governments are the responsibility of the Federal Council and the heads of department.3 The directors of the groups and offices deal directly with other federal, cantonal and communal authorities and public offices as well as with private individuals, according to their responsibilities.Chapter 2 Planning and Coordination55 55 Amended by No I of the FA of 20 March 2008 (Revision of Extra-Parliamentary Commissions), in force since 1 Jan. 2009 (AS 2008 5941; BBl 2007 6641). Art. 51 Planning  The departments, groups and offices plan their activities as part of the Federal Council’s general planning. The departments shall bring their plans to the attention of the Federal Council.Art. 52 Coordination activities at government level  The Federal Council, its committees and the Federal Chancellery carry out the coordination tasks assigned to them by the Constitution and the law.Art. 53 Conference of Secretaries General  1 Under the leadership of the Federal Chancellor, the Conference of Secretaries General directs coordination activities in the Federal Administration.2 Where no special coordinating body exists for specific tasks or items of business, the Conference is responsible for these coordination activities, in particular in preparing items of Federal Council business.3 It may in terms of a Federal Council decree deal with interdepartmental issues and prepare these for the Federal Council.4 The Secretary General of the Federal Assembly may take part in the Conference of Secretaries General in an advisory capacity.5656 Inserted by Annex No 3 of the FA of 8 Oct. 1999, in force since 1 Jan. 2000  (AS 2000 273; BBl 1999 4809 5979).Art. 54 Information Conference  1 The Information Conference comprises the Federal Council Spokesperson and the persons responsible for information in the departments. A representative from the Parliamentary Services may with take part in an advisory role.572 The Information Conference deals with current information problems in the departments and Federal Council; it coordinates and plans information.583 The Federal Council Spokesperson holds the chair.5957 Amended by No I of the FA of 24 March 2000, in force since 1 Sept. 2000  (AS 2000 2095; BBl 1997 III 1568, 1999 2538).58 Amended by No I of the FA of 8 Oct. 1999, in force since 1 Jan. 2000  (AS 2000 273; BBl 1999 4809 5979).59 Amended by No I of the FA of 24 March 2000, in force since 1 Sept. 2000  (AS 2000 2095; BBl 1997 III 1568, 1999 2538).Art. 55 Other standing staff office, planning and coordination bodies  The Federal Council and departments may employ other staff office, planning and coordination bodies as institutionalised conferences or as self-contained administrative units.Art. 56 Interdepartmental project organisations  The Federal Council may form project organisations to process important interdepartmental tasks of limited duration.Chapter 3 External Advice and Extra-Parliamentary Commissions60 60 Amended by No I of the FA of 20 March 2008 (Revision of Extra-Parliamentary Commissions), in force since 1 Jan. 2009 (AS 2008 5941; BBl 2007 6641). Section 1 External Advice61 61 Inserted by No I of the FA of 20 March 2008 (Revision of Extra-Parliamentary Commissions), in force since 1 Jan. 2009 (AS 2008 5941; BBl 2007 6641). Art. 57 …62  1 The Federal Council and departments may consult organisations and persons which are not part of the Federal Administration.2 …6362 Repealed by No I of the FA of 20 March 2008 (Revision of Extra-Parliamentary Commissions), with effect from 1 Jan. 2009 (AS 2008 5941; BBl 2007 6641).63 Repealed by No I of the FA of 20 March 2008 (Revision of Extra-Parliamentary Commissions), with effect from 1 Jan. 2009 (AS 2008 5941; BBl 2007 6641).Section 264 Extra-Parliamentary Commissions 64 Inserted by No I of the FA of 20 March 2008 (Revision of Extra-Parliamentary Commissions), in force since 1 Jan. 2009 (AS 2008 5941; BBl 2007 6641). Art. 57a Purpose  1 Extra-parliamentary commissions advise on a permanent basis the Federal Council and the Federal Administration on accomplishing their tasks.2 They make decisions insofar as they are authorised to by a federal act.Art. 57b Requirements  Extra-parliamentary commissions may be established when tasks:a. require specialist knowledge that is not available in the Federal Administration;b. require the cantons or additional interested circles to be involved at an early stage; orc. are to be carried out by a decentralised unit of the Federal Administration which is not bound by directives.Art. 57c Instituting committees  1 A committee is not established if the task can be more appropriately carried out by a unit of the central Federal Administration or an organisation or person from outside the Federal Administration.2 The Federal Council establishes extra-parliamentary commissions and elects their members.3 The members are appointed for a term of office of four years.4 If a seat becomes vacant, a replacement is elected.Art. 57d Review  Every four years, when an extra-parliamentary commission is elected, the necessity for the committee, its tasks and composition shall be reviewed.Art. 57e Composition  1 Extra-parliamentary commissions may normally have no more than 15 members.2 Among the members there must a balance between the sexes, languages, regions, age groups and interest groups, with due consideration of the committee’s tasks.3 Members the Federal Administration may only be elected as members of a committee in exceptional cases and with due reason.Art. 57f Disclosure of interests  1 Committee members must disclose their interests before election. The Federal Council shall issue the relevant implementing provisions.2 Any person who refuses to disclose their interests is not eligible for election to a committee.Art. 57g65 Remuneration  1 The Federal Council sets out uniform criteria for the remuneration of committee members.2 The amount of remuneration is made public.65 In force since 1 Jan. 2010 (AS 2009 6135).Chapter 466 Data Processing 66 Originally Chapter 3. Inserted by No I of the FA of 24 March 2000 on the Creation and Amendment of Statutory Principles for the Processing of Personal Data, in force since  1 Sept. 2000 (AS 2000 1891; BBl 1999 9005). Section 1 Documenting Correspondence and Items of Business67 67 Inserted by No I of the FA of 1 Oct. 2010 (Data Protection in the Use of Electronic Infrastructure), in force since 1 April 2012 (AS 2012 941; BBl 2009 8513). Art. 57h68 1 Under the Federal Act of 19 June 199269 on Data Protection, any federal authority may run an information and documentation system to register, administer, index and monitor its correspondence and business. This system may contain data and personality profiles particularly worthy of protection, depending on the correspondence and type of business. The federal authority concerned may only save personal data if they serve to:a. process items of business;b. organise operational processes;c. determine whether it is processing the data of a particular person;d. facilitate access to documentation.2 Only the employees of the federal body concerned have access to the personal data, and only in as far as they need it in order to carry out their tasks.3 The Federal Council issues implementing provisions on the organisation and operation of this information and documentation system and on the protection of the personal data recorded in it.68 Originally Art. 57a.69 SR 235.1Section 270  Processing Personal Data when Using Electronic Infrastructure 70 Inserted by No I of the FA of 1 Oct. 2010 (Data Protection in the Use of Electronic Infrastructure), in force since 1 April 2012 (AS 2012 941; BBl 2009 8513).Art. 57i Relationship to other federal law  The regulations in this section do not apply if another federal act regulates the processing of personal data linked to the use of electronic infrastructure.Art. 57j Principles  1 Under the Federal Act of 19 June 199271 on Data Protection, federal bodies may not record and evaluate personal data linked to the use of their electronic infrastructure or any electronic infrastructure operated by them unless this is necessary for any of the purposes set out in Articles 57l–57o.2 Data processing as described in this section may also relate to personal data and personality profiles which are particularly worthy of protection.71 SR 235.1Art. 57k Electronic infrastructure  Electronic infrastructure includes all stationary or mobile installations and devices capable of recording personal data; it includes in particular:a. data processing systems, network components and software;b. data storage units;c. telephones;d. printers, scanners, fax and photocopying machines;e. timekeeping systems;f. access and video surveillance systems;g. geopositioning systems.Art. 57l Recording personal data  The federal bodies may record personal data associated with the use of electronic infrastructure for the following purposes:a. all data, including of the content of electronic correspondence: for back-up purposes;b. data linked to the use of electronic infrastructure:1. to ensure the security of information and services,2. to ensure that electronic infrastructure is maintained on a technical level,3. to verify compliance with licensing regulations,4. to trace access to data collections,5. to record any costs arising from the use of electronic infrastructure;c. data on staff working hours: to manage working hours;d. data on persons entering, leaving and remaining on federal premises: for security purposes.Art. 57m Data evaluation not relating to persons  Evaluation of recorded data which does not relate to persons is permitted for the purposes stated in Article 57l.Art. 57n Data evaluation not relating to named persons  Evaluation of recorded data which does not relate to named persons is permitted by random sampling for the following purposes:a. to monitor the use of electronic infrastructure;b. to monitor staff working hours.Art. 57o Data evaluation relating to named persons  1 Evaluation of recorded data which relates to named persons is permitted for the following purposes:a. to investigate specific suspicion regarding abuse of electronic infrastructure and to take action against proven abuse;b. to analyse and eliminate disruptions to electronic infrastructure and protect against clear threats to this infrastructure;c. to provide required services;d. to determine and invoice services rendered;e. to monitor individual working hours.2 Evaluation according to paragraph 1 letter a may only be carried out:a. by federal bodies;b. once the person concerned has been informed in writing.Art. 57p Prevention of abuse  The federal authority takes the required preventive technical and organisational measures to prevent abuses.Art. 57q Implementing provisions  1 The Federal Council regulates in particular:a. the recording, safeguarding and destruction of data;b. the data processing procedure;c. access to data;d. the technical and the organisational measures to guarantee data security.2 Data may only be kept as long as is necessary.3 Unless otherwise determined by an Ordinance issued by the Federal Assembly, these implementing provisions where appropriate apply to data relating to members of the Federal Assembly and the staff of the Parliamentary Services.Title 5 Individual and Final Provisions  Chapter 1 Legal Status  Art. 58 Official seat  The official seat of the Federal Council, the departments and the Federal Chancellery is the City of Bern.Art. 59 Place of residence of the members of the Federal Council and of the Federal Chancellor  Members of the Federal Council and the Federal Chancellor are free to choose their place of residence; however, it must be within easy reach of the official seat.Art. 60 Professional incompatibility  1 The members of the Federal Council and the Federal Chancellor may not occupy another position in the Confederation or an official position in a canton nor may they carry out another profession or trade.2 They may not hold a position as director, manager or member of an administration, supervisory body or auditing body of organisations that pursue an economic activity.3 The members of the Federal Council and the Federal Chancellor may not exercise an official function for a foreign state or accept a title or decoration from a foreign authority.7272 Inserted by No I 2 of the FA of 23 June 2000 on Titles and Decorations of Foreign  Authorities, in force since 1 Feb. 2001 (AS 2001 114; BBl 1999 7922).Art. 6173 Personal incompatibility  1 The following may not be members of the Federal Council at the same time:a. two persons married to each other or who live in a registered partnership or as cohabitees;b. relatives and in-laws related in direct line or collaterally up to the fourth degree;c. two persons whose spouses or registered partners are siblings.2 This provision applies by analogy to the degree of relationship between the Federal Chancellor and members of the Federal Council.73 Amended by Annex No 4 of the Same-Sex Partnership Act of 18 June 2004, in force since 1 Jan. 2007 (AS 2005 5685; BBl 2003 1288).Art. 61a74 74 Inserted by Annex No II 3 of the Parliament Act of 13 Dec. 2002 (AS 2003 3543;  BBl 2001 3467 5428). Repealed by Annex No 2 of the FA of 17 June 2011 (Applications to repeal immunity), with effect from 5 Dec. 2011 (AS 2011 4627; BBl 2010 7345 7385).Chapter 2 Approval of Cantonal Enactments75 75 Originally before Art. 62. Amended by No I of the FA of 7 Oct. 2005, in force since  1 June 2006 (AS 2006 1265; BBl 2004 7103). Art. 61b76 1 Where required by a federal act, the cantons submit their acts and ordinances to the Confederation for approval; approval is a condition of validity.2 The departments give approval in uncontroversial cases.3 The Federal Council shall decide in disputed cases. It may also give approval with reservation.76 Originally Art. 62, thereafter Art. 61a. Amended by No I of the FA of 7 Oct. 2005, in force since 1 June 2006 (AS 2006 1265; BBl 2004 7103).Chapter 3  Information on Agreements between the Cantons or between a Canton and an Institution Abroad77 77 Inserted by No I of the FA of 7 Oct. 2005, in force since 1 June 2006  (AS 2006 1265; BBl 2004 7103).Art. 61c78 Duty to provide information  1 The cantons shall inform the Confederation of any agreements concluded among themselves or with institutions abroad. They shall inform the Confederation of any agreements with an institution abroad before they are concluded. The Confederation and the cantons shall seek amicable solutions.2 Agreements are exempted from the duty to provide information if they:a. serve to implement agreements about which the Confederation is informed;b. principally concern the authorities or regulate administrative issues.78 Inserted by No I of the FA of 7 Oct. 2005, in force since 1 June 2006  (AS 2006 1265; BBl 2004 7103).Art. 6279 Procedure  1 The Confederation shall inform the public in the Official Federal Gazette about agreements that are brought to its knowledge.2 The department responsible examines whether or not an agreement is in accordance with the law and interests of the Confederation. It shall inform the cantons that are party to the agreement of the result within two months following publication of the information in terms of paragraph 1. Cantons that are not party to the agreement (third-party cantons) shall inform the contracting parties of any objections they may have within the same time period.3 If objections exist, the department or third-party cantons shall attempt to reach an amicable solution with the cantons that are party to the agreement.4 If no solution is reached, the Federal Council and third-party cantons may raise a formal objection with the Federal Assembly within six months following publication of the information in terms of paragraph 1.79 Inserted by No I of the FA of 8 Oct. 1999 (AS 2000 289; BBl 1999 7922). Amended by No I of the FA of 7 Oct. 2005, in force since 1 June 2006 (AS 2006 1265; BBl 2004 7103).Chapter 480 Concentrated Decision-Making Process 80 Originally Chapter 2bis. Inserted by No I 1 of the FA of 18 June 1999 on the Coordination and Simplification of the Decision-Making Process, in force since 1 Jan. 2000  (AS 1999 3071; BBl 1998 2591). Art. 62a Hearing  1 If, in projects such as those involving buildings and installations, an act provides for the concentration of decision-making in a single authority (the principal authority), this authority hears the statements of the specialist authorities concerned before making a decision.2 If several specialist authorities are concerned, the principal authority listens to their statements at the same time; it may however hear them one after the other if there are particular reasons for doing so.3 The principal authority sets the specialist authorities a deadline for providing a statement; the deadline is normally two months.4 The principal authority and the specialist authorities shall agree amicably on the cases in which exceptionally no statement needs to be provided.Art. 62b Elimination of differences  1 If there are any differences between the statements of the specialist authorities or if the principal authority does not agree with the statements, it conducts a discussion with the specialist authorities within 30 days in order to eliminate any differences. In this it may call on further authorities or specialists.2 If the differences are successfully eliminated, the result is binding for the principal authority.3 If the differences cannot be successfully eliminated, the principal authority decides; if considerable differences exist between administrative units of the same department, the principal authority shall instruct the department on how to resolve the matter. If several departments are involved, they consult to reach an agreement. When explaining their decision, they should explain the differences in their positions.4 The specialist authorities concerned may defend their own point of view before an appeals authority even after having taken part in a procedure to eliminate differences. Art. 62c Deadlines  1 The Federal Council sets deadlines within which a decision is to be reached for each procedure to approve plans for buildings and installations.2 If any of these deadlines cannot be met, the principal authority informs the applicant when the decision is likely to be made, with reasons given.Chapter 581 Tax Exemption and Protection of Federal Property 81 Originally Chapter 2ter. Inserted by Annex No II 3 of the Parliament Act of  13 Dec. 2002, in force since 1 Dec. 2003 (AS 2003 3543; BBl 2001 3467 5428). Art. 62d  Tax exemption  The Confederation as well as its institutions, businesses and non-autonomous foundations are exempt from all taxation imposed by the cantons and communes, other than in the case of properties which do not serve an immediate public purpose.Art. 62e  Liability  1 The cantons are liable to the Confederation for damage to its property as a result of disruption to public order.2 Cantonal and communal regulations on insurance obligations do not apply to the Confederation.Chapter 682 Domiciliary Rights 82 Originally Chapter 2quater. Inserted by Annex No II 3 of the Parliament Act of 13 Dec. 2002, in force since 1 Dec. 2003 (AS 2003 3543; BBl 2001 3467 5428). Art. 62f The Confederation exercises domiciliary rights in its buildings.Chapter 783 Final Provisions 83 Originally Chapter 3. Art. 63 Repeal of the Administration Organisation Act  The Federal Act of 19 September 197884 on the Organisation and Management of the Federal Council and the Federal Administration is repealed.84 [AS 1979 114, 1983 170 931 Art. 59 No 2, 1985 699, 1987 226 No II 2 808,  1989 2116, 1990 3 Art. 1 1530 No II 1 1587 Art. 1, 1991 362 No I, 1992 2 Art. 1 288 Annex No 2 510 581 Annex No 2, 1993 1770, 1995 978 4093 Annex No 2 4362 Art. 1 5050 Annex No 1, 1996 546 Annex No 1 1486 1498 Annex No 1]Art. 6485 85 Repealed by No I of the FA of 22 March 2002 on the Revision of Organisational Provisions of Federal Legislation, with effect from 1 Feb. 2003 (AS 2003 187; BBl 2001 3845).Art. 6586 86 Repealed by Art. 65 No 2 of the Financial Budget Act of 7 Oct. 2005, with effect from 1 May 2006 (AS 2006 1275; BBl 2005 5).Art. 66 Referendum and commencement  1 This Act is subject to an optional referendum.2 The Federal Council shall determine the commencement date.Commencement date: 1 October 19978787 FCD 3 Sept. 1997.Annex Amendments to other Federal Acts ...88 88 The amendments may be consulted under AS 1997 2022.