Federal Act of October 4, 1963, on Pipeline Installations for the Transportation of Liquid or Gaseous Fuels (LITC) (RLG)

This Act applies to pipelines used for the transportation of mineral oil, natural gas, or any other liquid or gaseous fuel designated by the Federal Council, as well as to installations such as pumps and tanks used in the operation of these pipelines (collectively referred to hereinafter as "installations").

The Act applies in full to: a. pipelines whose diameter and operating pressure exceed the limits set by the Federal Council; b. pipelines crossing the national border. Exempted, unless covered by letter a, are pipelines that distribute city gas within the boundaries of a restricted area constituting the normal distribution zone of a gas plant.

Pipelines not covered by paragraph 2 are subject to the special rules of Chapter IV.

The Federal Council may declare the Act inapplicable to short pipelines, particularly when they are an integral part of an installation for the storage, transshipment, processing, or use of fuels.

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The pipeline transportation installations referred to in Art. 1, para. 2, may only be established or modified if the project plans have been approved by the supervisory authority.

The procedure for plan approval is governed by the Federal Law of December 20, 1968, on Administrative Procedure, unless otherwise provided by this law.

If expropriation is necessary, the Federal Law of June 20, 1930, on Expropriation (LEx) applies additionally.

The approval of the plans covers all authorizations required by federal law.

No authorization or plans governed by cantonal law are required. Cantonal law is considered insofar as it does not disproportionately hinder the fulfillment of the company's tasks.

Plan approval is to be refused, or, when a less severe measure suffices, accompanied by burdens or conditions: a. if the construction or operation of the facility might endanger persons, property, or significant rights, particularly if it risks contaminating water or substantially harming sites and the landscape; b. if it would cause damage to an existing public work, or if the construction of a proposed public work would be prevented or severely hindered, and on the other hand, predominant public interests favor the existence or construction of the work; c. if account must be taken, for the creation or preservation of residential neighborhoods or industrial zones, of essential public interests claimed by the cantons; d. if the security of the country or the maintenance of Switzerland's independence or neutrality demands it, as well as to prevent economic dependency contrary to the general interest of the country; e. if the applicant company does not meet the requirements outlined in Art. 4; f. if other imperative reasons of public interest demand it.

Plan approval may not be refused or accompanied by burdens or conditions except for the reasons indicated in para. 1.

If the company is foreign, it must have an administrative center and an operational management located in Switzerland and be organized in a way that ensures compliance with Swiss law.

The company that applies for the approval of the plans has the right of expropriation.

The company is entitled, upon payment of a fair compensation, to cross communication routes, provided that after the construction of the crossing, the necessary safety measures fully guarantee traffic and that the crossing does not hinder any planned development of the communication routes. During the construction of the crossing, traffic may be restricted only to the extent necessary for the execution of the works.

In case of a dispute, the LEx is applicable to establish whether the conditions set forth in para. 1 are met and to determine the amount of compensation.

The company is obliged to undertake by contract to execute transportation for third parties within the limits of technical capabilities and the requirements of sound operation, provided that the third party offers fair compensation.

In case of a dispute, the Swiss Federal Office of Energy (Office) decides whether the company must enter into a contract and determines the contractual conditions.

Civil courts have jurisdiction over civil law claims arising from the contract.

The construction, maintenance, and operation of an installation according to Art. 1, para. 2, are subject to supervision by the Confederation. The Federal Department of the Environment, Transport, Energy and Communications (the department) may extend this supervision to the construction, maintenance, and operation of other pipeline transportation installations if they belong to the Confederation or to a federal institution.

The office is the supervisory authority. It may call upon cantons and private umbrella associations for the exercise of this supervision.

The department establishes a commission responsible for studying safety issues related to pipeline transportation facilities.

The office shall issue the necessary instructions for the protection of persons, property, and significant rights. To this end, it may order that the installation be equipped with technology that is up-to-date.

The persons responsible for inspecting the construction and operation of a facility must at all times have free access to all parts of the facility and be able to obtain any desired information.

The personnel and equipment necessary for carrying out these inspections must be provided free of charge.

Pipeline transport companies must submit the management report, along with the annual accounts and balance sheet, to the office every year, and make available any statistical data it might require.

The application for the approval of plans must be submitted to the office with the required documents. The office verifies whether the file is complete and, if necessary, has it completed.

Before the application is subject to public inquiry, the company must mark the route of the pipeline on the ground with stakes.

Objections to the staking must be submitted without delay to the office, but no later than the expiration of the public inquiry period.

The office forwards the application to the concerned cantons and invites them to express their opinion within three months. If justified by the situation, this deadline may be exceptionally extended.

The application must be published in the official organs of the concerned cantons and communes and subjected to public inquiry for 30 days.

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Any person who has the standing as a party according to the Federal Act of 20 December 1968 on Administrative Procedure may file an objection with the office during the public inquiry period. Any person who has not filed an objection is excluded from further proceedings.

Any person who has the standing as a party according to the Expropriation Act (LEx) may assert all claims as provided in Art. 33 of the Expropriation Act (LEx) during the public inquiry period.

Municipalities assert their rights through objections.

The procedure for resolving discrepancies within the federal administration is governed by Art. 62b of the Federal Act of March 21, 1997, on the Organization of the Government and Administration.

When approving the plans, the office also adjudicates on objections related to expropriation.

The approval of the plans becomes void if the construction project has not commenced within the year following the decision’s entry into force. If significant reasons exist, the office may consequently extend the validity period of the plan approval decision.

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The simplified procedure for plan approval applies: a. to projects that affect a limited area and concern only a small and well-defined group of people; b. to pipeline installations whose modification or repurposing does not significantly alter the external appearance of the site, does not affect the interests of third parties worthy of protection, and has only minimal effects on land-use planning and the environment; c. to pipeline installations that will be dismantled after a maximum of three years.

The simplified procedure applies to detailed plans developed based on a project already approved.

The office may order the staking out of the site. The application is neither published nor subject to public inquiry. The office submits the project to the interested parties, who may object within a period of 30 days, unless they have previously given their written consent. It may seek the opinion of the cantons and municipalities, granting them a reasonable time to respond.

Otherwise, the ordinary procedure is applicable. In case of doubt, the latter is applied.

Construction work must not commence before the final approval of the plans.

After the closure of the plan approval procedure, conciliation and estimation procedures are initiated, if necessary, before the Federal Estimation Commission (Estimation Commission), in accordance with the Expropriation Act (LEx).

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The president of the Estimation Commission may authorize early possession when the decision approving the plans is enforceable. The expropriator is presumed to suffer significant harm if early possession is not granted. Furthermore, Art. 76 of the Expropriation Act (LEx) is applicable.

The company shall take the necessary measures to ensure the safety of construction work, prevent endangerment to persons, property, and significant rights, and prevent intolerable inconvenience to local residents.

When construction work affects public works, such as communication pathways, pipelines, or other installations, the company must ensure that they can continue to be used to the extent required by the public interest.

The economic use of land property must be ensured during construction.

The establishment and modification of constructions or installations by third parties can only be authorized with the consent of the office if the construction or installation: a. crosses a transport installation by pipelines; b. risks compromising the safety of the pipeline transport installation.

If a new transportation installation by pipelines encroaches on communication routes, pipelines, or other structures, or if new structures of this kind interfere with a pre-existing transportation installation by pipelines, the costs of all necessary measures to eliminate the encroachment shall be borne by the party carrying out the new works, subject to any contrary agreements.

In case of a dispute concerning the application of this provision, the procedure shall be governed by the LEx.

The commissioning of a pipeline transportation facility is subject to the authorization of the office.

The operating authorization is granted if: a. the facility complies with the law, its implementing provisions, and the decision to approve the plans; b. the company has the necessary personnel for safe operation and immediate repair of damages; c. the prescribed liability insurance is obtained.

The installations must be maintained in such a way that they are constantly in a condition to function in accordance with safety requirements.

As soon as an installation is no longer sealed, the company must immediately take all appropriate measures to prevent damage from occurring or spreading and to promptly remedy or address any damages. The authority and the alert service designated by the cantonal government must be notified without delay.

If it subsequently becomes apparent that one of the conditions listed in Art. 30, para. 2, is no longer met, operations must be suspended and the office must be informed.

The office may order the suspension of operations, particularly in cases of serious or repeated non-compliance with this law, its implementing provisions, the approval decision of the plans, or the office's instructions.

It consults with the concerned cantons and the company before making its decision.

To the extent required by public interest, the company, when ceasing the operation of the installation, must dismantle it at its own expense and restore the prior state.

Unless otherwise provided, the installation belongs to the company holding the operating permit.

When the death of a person, an injury to health, or material damage is caused by the operation of a pipeline installation, or by the defect or wrongful handling of such an installation that is not in operation, the company is liable for the damage. If the installation does not belong to the company, the owner is jointly and severally liable.

The company or the owner is released from civil liability if it proves that the damage was caused by natural disasters of an exceptional nature, acts of war, or gross negligence of the injured party, without any fault on its part or on the part of a person for whom it is responsible.

Liability for damages to the transported material is determined according to the Code of Obligations.

The manner and extent of compensation, the awarding of damages for moral harm, joint and several liability, and the right of recourse among those responsible are determined according to the provisions of the Code of Obligations concerning unlawful acts.

The company must, to cover insurable risks regarding its liability according to Articles 33 and 34, contract insurance with an insurance company authorized to operate in Switzerland. The insurance must cover the rights of injured parties in each case of damage up to at least the following amounts: a. 10 million francs for pipeline transportation facilities for liquid fuels; b. 5 million francs for pipeline transportation facilities for gaseous fuels. When public interest permits or requires, these amounts may be reduced or increased by the decision approving the plans. The office may fully or partially exempt the person who provides equivalent securities from the obligation to insure. The Confederation and the cantons operating pipeline transportation facilities are not subject to the obligation to insure.

If the insurance is suspended or terminated, the insurer shall inform the office. The suspension and termination only take effect thirty days after receipt of the notification from the insurer, unless the insurance has been replaced by another in the meantime.

The injured party may bring a direct action against the insurer within the limits of the amount provided for in the insurance contract.

Defenses arising from the insurance contract or the Federal Act of April 2, 1908, on the Insurance Contract cannot be invoked against the injured party.

The insurer has a right of recourse against the insurance policyholder to the extent that it would have been entitled to refuse or reduce its benefits according to the insurance contract or the Federal Insurance Contract Act.

If the claims of multiple injured parties exceed the coverage stipulated by the insurance contract, the claims of each against the insurer are proportionately reduced up to the amount of that coverage.

The injured party who first initiates the action, as well as the defending insurer, may request the judge handling the case to set a deadline for the other injured parties to file their actions before this judge, while informing them of the consequences of inaction. The judge will decide on the allocation of the compensation payable by the insurance among the injured parties. In this allocation, claims submitted within the deadlines will be prioritized, without regard to other claims.

An insurer who, in good faith, has paid an injured party an amount exceeding their due share because they were unaware of other claims, is released from liability to the extent of the sum paid with respect to the other injured parties.

Claims for damages or compensation for moral harm related to accidents caused by a transportation facility through pipelines are subject to prescription in accordance with the provisions of the Code of Obligations concerning unlawful acts.

Recourse actions that may be pursued among themselves by individuals civilly liable for an accident and the recourse of the insurer are subject to a prescription period of three years starting from the day the compensation is completely made and the liable party is known.

Installations that are not covered by Art. 1, para. 2, and that do not fall under an exception pursuant to Art. 1, para. 4, are subject not only to the provisions of this chapter but also to the provisions concerning the obligation to transport (Art. 13), civil liability and insurance (Chap. III), penalties and administrative measures (Chap. V), as well as the safety regulations enacted by the Federal Council.

The construction and operation of installations as defined in Art. 41, unless subject to federal supervision under Art. 16, para. 2, require authorization from the cantonal government or the designated service.

Authorization may only be refused or subject to restrictive conditions and requirements for the reasons stated in Art. 3, letters a to d. Conditions and requirements aimed at ensuring compliance with the rest of the legislation are reserved.

Installations requiring a cantonal authorization under Art. 42 are subject to the supervision of the canton and the high-level supervision of the Confederation.

Anyone who, intentionally, damages a transportation installation through conduits and thus, notably by causing pollution or other damages to surface or underground waters, knowingly endangers the life or physical integrity of persons or property of significant value belonging to others, shall be punished by a custodial sentence of at least one year.

Anyone who, intentionally, obstructs, disrupts, or endangers the operation of a transportation installation through conduits of public interest shall be punished by a custodial sentence of up to five years or a monetary penalty, unless paragraph 1 is applicable.

The perpetrator shall be punished by a custodial sentence of up to three years or a monetary penalty if he acts negligently.

Unless a more serious offense has been committed, anyone who intentionally: a. provides incorrect or incomplete information to obtain a decision on plan approval; b. without authorization, begins the construction of a pipeline transportation facility or the execution of a construction project according to Art. 28, or continues such work; c. without authorization, initiates or continues the operation of a pipeline transportation facility; d. does not comply with the conditions or requirements attached to a decision approving the plans or an authorization or fails to fulfill the obligation regarding insurance or required securities; e. as soon as a pipeline transportation facility is no longer leak-proof, neither takes immediate measures nor notifies the authorities in accordance with Art. 32, is punishable by a fine of up to 100,000 francs. Attempt is punishable. If the non-compliance with conditions or requirements was established to safeguard the security of the country, its independence or neutrality, or to prevent economic dependence contrary to the general interest of the country, the perpetrator is liable to a custodial sentence of up to three years or a monetary penalty. The perpetrator is punishable by a fine of up to 50,000 francs if acting negligently. The Federal Council may provide for the same penalties for offenses against the implementing provisions.

The special provisions of the Federal Act of March 22, 1974 on Administrative Criminal Law (Art. 14 to 18) are applicable.

The general provisions of the Swiss Criminal Code shall apply to the offenses referred to in Art. 44.

The general provisions of the Federal Act of March 22, 1974, on Administrative Criminal Law (Art. 2 to 13) shall apply to the offenses referred to in Arts. 45 and 45a.

The offenses referred to in Art. 44 are subject to federal jurisdiction. In accordance with the procedure specified by the Federal Act of 22 March 1974 on Administrative Criminal Law, the prosecution and adjudication of the offenses referred to in Arts. 45 and 45a are the responsibility of the office.

If, within the specified time limit and despite a formal notice, a decision of the office has not been acted upon, the office may execute or have it executed at the expense of the defaulting party, irrespective of the initiation or outcome of criminal proceedings.

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The authorities responsible for the enforcement of this Act process the personal data necessary for its application, including data related to criminal and administrative proceedings and the sanctions referred to in Articles 44 et seq. They may exchange the data necessary for the uniform application of this Act.

Upon its entry into force, this law also applies, subject to Arts. 49 and 50, to pipeline transport installations under construction or in operation.

Compensation is due when a measure within the meaning of Arts. 49 or 50 is equivalent to an expropriation. The Federal Court rules on compensation claims.

Acquired rights under a cantonal authorization or concession shall be recognized in accordance with para. 2.

During the validity period of the cantonal authorization or concession, but no later than fifty years from the entry into force of this Act, the enterprise is exempt from applying for a federal concession. Within two years from the same date, it must comply with the provisions of Art. 4. The rights and obligations of the enterprise arising from an authorization or concession, granted by the canton before the entry into force of this Act, for the construction and operation of a pipeline installation cannot, pursuant to this Act, be modified to its detriment except for compelling reasons of public interest.

The cantons shall provide the department within three months following the entry into force of this Act with all relevant documentation concerning the installations mentioned in Art. 1, para. 2, which have already been the subject of an authorization or a concession on their part.

An application for authorization or concession, containing all necessary details, must be submitted by the company to the competent authority within three months from the entry into force of the present law for installations that are not subject to a cantonal authorization or concession.

Until a decision is made on the application, the construction or operation may continue, unless the competent authority for granting the authorization or concession decides otherwise.

The authorization or concession must be granted unless compelling reasons of public interest oppose it.

The concessions that remain valid beyond the effective date of the amendment to this Act shall not be renewed upon their expiration. The operation of the installations may continue.

Concession applications currently under review become void.

Plan approval applications under review at the time of this amendment’s entry into force are governed by the new procedural rules.

Pending appeals are governed by the old procedural rules.

If the company must restrict or cease, for reasons not attributable to it, the operation of an installation for which a concession was granted prior to the entry into force of this amendment, the Confederation shall pay the concessionaire fair compensation for the resulting damage.

The Federal Council shall determine the date on which this Act enters into force.

It shall enact the necessary implementing provisions, which shall specify in particular: 1. the federal services responsible for enforcement, their duties, and the manner in which they shall cooperate with other interested services; 2. the requirements that installations must meet with regard to the protection of persons, property, and other important rights; 3. the plan approval procedure; 4. the fees to be levied for the activities of the office.

The Cantons shall determine, where necessary, the competent authorities for the performance of the duties assigned to them and shall govern the procedure to be followed in such cases.

Date of entry into force: 1 March 1964