Agreement between the Confederation and the Cantons on the Harmonisation and Joint Provision of Police Technology and IT in Switzerland (VPTI) - Subject of the Agreement (VPTI)

1. This agreement governs the cooperation between the cantons that are parties to this agreement, as well as between these cantons and the involved federal agencies in the field of police technology and information technology (PTI).

2. It specifically regulates the establishment and operation of the entity "PTI Switzerland."

3. The PTI includes, in particular

a. police operational resources;

b. information technology solutions that serve, in particular, communication, as well as the joint management and exchange of data for the fulfillment of police tasks and related public duties.

1. The parties to this agreement aim to harmonize the PTI and, where appropriate, ensure their joint provision.

2. PTI Switzerland and its partners, particularly the parties to this agreement, are responsible for mutual information sharing and the coordination of activities, especially concerning procurement activities, information technology architecture, data protection, and information security. For this purpose, they ensure in particular that their authorities at all levels and the governing bodies of PTI Switzerland

a. inform each other at an early stage about ongoing and planned initiatives;

b. examine planned and ongoing initiatives for their relevance to the affected applications and systems of PTI Switzerland, as well as those of the federal and cantonal governments, and consider the interests of other entities when managing their own projects.

1. PTI Switzerland is a public-law corporation with its own legal personality and is based in the city of Bern.

2. It serves the harmonization and joint provision of PTI. Its activities may particularly include the planning, procurement, implementation, further development, and operation of PTI products.

3. It primarily provides its services for the parties to this agreement.

4. It may make its products available to additional users based on agreements, namely

a. Swiss public entities as well as the Principality of Liechtenstein and their joint organizations;

b. decentralized administrative units of the public entities as per letter a, as well as private parties who are engaged to perform police tasks or are entrusted with police-related public duties, insofar as they require the products to fulfill their legal obligations.

5. It pursues exclusively public interests in favor of public entities.

6. It collaborates with foreign organizations with a corresponding purpose.

1. The bodies of PTI Switzerland are

a. the strategic assembly;

b. the strategic committee;

c. the operational assembly;

d. the operational committee;

e. the service provider;

f. the expert groups;

g. the audit office.

2. When appointing the bodies, it must be ensured that the regions and language areas of the country are appropriately represented.

3. The term of office for the elected members of the bodies pursuant to para. 1 lit. b, d, e, and for the audit office (para. 1 lit. g) is four years.

1. The strategic assembly has oversight over the strategic committee and overarching supervision over the other bodies.

2. The strategic committee oversees the operational assembly, which oversees the operational committee, and the operational committee oversees the service provider as well as the specialist groups.

3. Each supervisory body may, in particular

a. assign subordinate bodies pre-works to fulfill its own tasks;

b. issue instructions to the subordinate bodies regarding the fulfillment of their own tasks.

4. The supervised body may submit applications to its supervisory body.

5. The two committees prepare the business of their respective assemblies and convene the assemblies.

6. The specialist groups may submit applications to the service provider for the attention of the committees and the assemblies.

7. The audit firm is independent from the other bodies.

1. The Strategic Assembly is the supreme body of PTI Switzerland.

2. Its members are the cantonal Ministers of Justice and Police whose cantons are parties to this agreement, the Head of the Federal Department of Justice and Police (FDJP), and the President of the Conference of City Security Directors (CCSD).

3. The Strategic Assembly elects its President and Vice President.

1. The strategic committee is the strategic leadership body of PTI Switzerland.

2. It consists of

a. two members from the Conference of Cantonal Justice and Police Directors (CCJPD);

b. the Secretary General of the CCJPD;

c. two representatives from the Conference of Cantonal Police Commanders (CCPC);

d. one representative each from the Federal Department of Justice and Police (FDJP), the Federal Department of Finance (FDF), and the Federal Department of Defence, Civil Protection, and Sport (DDPS).

3. The strategic assembly elects the cantonal members, as well as the president and the vice president. The Federal Council appoints the federal representatives.

1. The operational assembly is the supreme body of PTI Switzerland regarding matters that do not fall under the jurisdiction of the strategic bodies; oversight by the strategic bodies remains reserved.

2. Its members are

a. the commanders of the cantonal police forces, whose cantons are parties to this agreement;

b. the commander of the Zurich City Police, provided that the Canton of Zurich is a party to this agreement;

c. the president of the Swiss Association of Municipal Police Chiefs (SVSP);

d. the director of the Swiss Police Institute (SPI);

e. the directors of the Federal Office of Police (fedpol), the Federal Office for Civil Protection (FOCP), and the Swiss Federal Customs Administration (FCA).

3. If the same person holds two roles under paragraph 2, they represent only one of the authorities in the operational assembly. The strategic assembly elects another person to represent the other authority.

4. The operational assembly elects its president and vice-president.

1. The Operational Committee is the operational governing body of PTI Switzerland.

2. It performs all duties that are not assigned to another body.

3. It is composed of

a. the President; she or he must be a member of the KKPKS;

b. a financial expert;

c. a legal expert;

d. one representative each from

1. the Police Concordats Concordat de coopération policière de Suisse romande et du Tessin (CCPC RBT), Northwestern Switzerland Police Concordat (PKNW), Central Switzerland Police Concordat (ZPK), and Eastern Switzerland Police Corps Concordat (ostpol)

2. the Cantons of Bern, Zurich, and Ticino

3. the City of Zurich

4. the Swiss Association of Urban Police Chiefs (SVSP)

5. the Program for the Harmonization of IT in Criminal Justice (HIS).

e. one representative each from the FDJP, FDF, and DDPS.

4. The members mentioned under paragraph 3, letters b and c, can be private individuals.

5. The members are elected by the Operational Assembly. Exempted are the federal representatives; they are elected by the Federal Council. The Operational Assembly also elects the President and the Vice President.

1. The service provider is responsible for the implementation of the decisions made by the superior bodies.

2. It is managed by a managing director. This director is elected by the operational assembly.

3. The managing director and other personnel are employed directly by PTI Switzerland with an employment contract or provided by a community based on an agreement between PTI Switzerland and said community. In their activities for PTI Switzerland, they are subject to the hierarchy according to this agreement in both cases and may not accept instructions from the community.

4. The strategic committee is responsible for concluding the agreement with the community; it submits the agreement to the strategic assembly for prior approval.

1. The audit office conducts an ordinary audit under the corresponding application of the relevant provisions of the Code of Obligations.

2. It is elected by the strategic assembly.

3. If possible, the financial control of a party to this agreement is chosen.

4. Re-election is permitted.

1. The operational committee establishes a technical group for each area of police technology and police information technology. It may establish additional technical groups as needed.

2. It appoints the members of the technical groups upon the recommendation of the service recipients.

3. The technical groups consist of experts. These are provided by the service recipients. Additional experts may be called in if needed.

4. The technical groups represent the common interests of the service recipients and promote cooperation among them.

1. In the strategic assembly, each canton is allotted two votes. The Head of the FDJP and the Chairperson of the SSK each have one vote. In the operational assembly and in both committees, each member has one vote.

2. The assemblies and committees have a quorum when at least half of the votes are represented.

3. Substantive decisions of the assemblies and committees require the majority of the votes of the present members eligible to vote. In the event of a tie, the chairperson decides.

4. A substantive decision of the strategic assembly will not be adopted if rejected by the FDJP.

5. Regarding decisions of the assemblies about a product, only those members whose entities participate in the product are entitled to vote from the following points in time

a. for products of national and strategic importance: following the approval of the project mandate;

b. for other products: after the completion of preliminary studies.

6. In decision-making concerning products in which the Confederation does not participate, its representatives in all bodies only participate with an advisory vote, and the FDJP cannot reject a decision under paragraph 4.

7. In elections, the electoral body fills each seat individually. The candidate receiving the most votes is elected. In the event of a tie, a runoff election is held.

8. Voting rights in the assemblies and committees can only be exercised by the elected or appointed individuals specified in this agreement. Representation by another member of the relevant body is permissible.

9. Decisions can be made via electronic communication means, particularly in telephone or video conferences. Written decision procedures are permissible if no member demands a discussion. The general majority rules apply.

1. The strategic assembly issues rules of procedure and financial regulations for the bodies of PTI Switzerland.

2. The rules of procedure and financial regulations contain the necessary provisions specifically concerning the following subjects

a. Organization, tasks, competences, and responsibilities of the individual bodies;

b. Relationship between the bodies (Art. 5);

c. Convening and agenda-setting of meetings and committees;

d. Internal control system (ICS) and risk management;

e. Budgeting, financial planning, and multi-year financing.

1. The operative assembly determines the individuals authorized to represent PTI Switzerland. It grants only joint signatures by two persons.

2. PTI Switzerland shall be registered in the commercial register.

3. The individuals authorized to represent and the members of both committees shall be registered in the commercial register.

1. The strategic assembly establishes the goals and strategy of PTI Switzerland and consistently develops a master plan with a horizon of four years.

2. The strategic and operational committees continuously analyze the current state of affairs in the communities and determine the need for action, including the requirement for legislation.

3. If a need for legislation becomes apparent, the strategic assembly conducts a discussion regarding the initiation of legislative projects in the respective communities.

4. The strategic committee ensures that information beneficial for political and strategic decisions from the PTI Switzerland sector is available to the competent authorities.

1. Each party to this agreement shall independently decide, within the framework of the applicable law, in which projects they participate, which products they procure, and under what rules their authorities use these products.

2. A party that has not participated in the development or procurement project of a product may still obtain it within the limits of available capacities.

3. Each party may terminate its participation in a project and its procurement of a product.

1. The conditions under which entities without party status can participate in projects and obtain products are governed by the usage agreements (Art. 3 Sec. 4), particularly with regard to funding.

2. These conditions are aligned with the rules applicable to the parties. Participation in the meetings of the bodies, with or without voting rights, may be agreed upon.

3. The agreements are to be submitted to the assembly responsible for the decision on the launch of the respective project for prior approval. The relevant committee is responsible for the conclusion of the agreements.

4. The acquisition of products by private individuals (Art. 3 Sec. 4 Let. b) additionally requires the approval of the competent authority.

1. The service provider develops potential projects based on the master plan or a mandate from the operational committee and prepares corresponding preliminary studies as a basis for decision-making.

2. The strategic assembly decides on the launch of projects of national and strategic importance, while the operational assembly decides on the launch of other projects. The same applies to the termination and realignment of a project.

3. The assembly responsible for the decision on the launch of a project determines the conditions for

a. the participation of public bodies in the project, including the conditions for subsequent entry into and exit from a project;

b. the procurement of products and the termination thereof;

with restricted voting rights as per Article 13, paragraph 5.

4. The respective committee appoints an individual as the project principal. This person is under the supervision of the committee.

5. The service provider is responsible for the execution of the projects as well as the development, procurement, and provision of the products.

6. The relevant expert groups are involved in all phases.

7. Project execution follows recognized standards. In particular, an ISDS concept must be developed as part of project execution, which forms the basis for determining measures for information security and data protection.

8. The service provider takes the necessary steps at an early stage to support cooperation with the data protection oversight bodies of the federal government and the cantons within the framework of the applicable law to the parties involved.

1. The strategic assembly approves the general budget and the financial plan of PTI Switzerland as well as a budget for each product of national and strategic importance.

2. The operational assembly approves a budget for each of the other products.

3. The following, in particular, is financed through the general budget

a. the tasks of the service provider not tied to a product;

b. preliminary studies for projects;

c. the initialization phase for projects of national and strategic importance, which ends with the adoption of the project mandate.

1. Each party to this agreement shall make an annual contribution to the costs financed by the general budget. This contribution is determined by the strategic assembly according to the following rules

a. The federal government shall bear 30 percent of the costs.

b. The cantons shall collectively bear 70 percent of the costs; the contributions of the cantons shall be determined in proportion to their permanent population known at the time of determination.

2. With service beneficiaries without party status (Art. 18), a contribution to the general costs of PTI Switzerland shall be agreed upon, corresponding to the burden on the organs, particularly the service provider, by the product. The contributions of the parties according to paragraph 1 shall be reduced accordingly.

1. The assembly responsible for the decision to launch a project (Art. 19 para. 2) determines the following with voting rights restricted according to Article 13 paragraph 5

a. the key by which the costs of the product are distributed among the project participants and the service recipients;

b. the rules for assessing the purchase contributions of project participants who join later and of service recipients who were not involved in the project for the introduction of the product.

2. The determination of the distribution key and the purchase contributions is based on the benefit of the respective product for the parties involved.

3. The purchase contributions are credited to the parties of this agreement who participated in the project in proportion to their own contributions.

1. PTI Switzerland is not profit-oriented and builds assets only to the extent necessary to finance ongoing operations and ensure liquidity.

1. The strategic assembly is responsible for the approval of the annual financial statements of PTI Switzerland.

2. Each product is managed as an individual cost center.

3. For each municipality participating in a product, a separate account is maintained in the balance sheet for each product. Credits from purchase contributions (Art. 21 para. 2) are recorded in these accounts. Each municipality decides on any credits according to its own law.

4. The financial reporting complies with one of the recognized accounting standards according to Art. 962a of the Swiss Code of Obligations.

5. The fiscal year is the calendar year.

1. Legal issues associated with the operations of PTI Switzerland are subject to Bernese cantonal law, with the exception of Paragraphs 4 and 5, particularly concerning

a. Data protection, public access to administration, information protection, and archiving;

b. Public procurement;

c. Employment relationships and associated matters such as occupational benefits;

d. Liability.

2. For the authorities of the involved municipalities, the evaluation of access requests to official documents, which they have created for PTI Switzerland or which have been delivered to them as the primary recipients, is determined by the applicable legislation on public access to administration.

3. PTI Switzerland can conduct public procurement in its own name and issue the necessary orders for this purpose.

4. If personnel are provided by a municipality, the employment relationships and associated matters remain governed by their law, subject to Article 10, Paragraph 3.

5. For state liability claims under Bernese law, PTI Switzerland is liable with its assets. The default liability of the Canton of Bern (Art. 101 Para. 2 of the Bernese Personnel Act dated September 16, 2004) does not apply; instead, the contribution obligations as per this agreement apply.

6. If Bernese law requires a decision by order, the following parties issue it

a. For procurements: the service provider;

b. In other cases: the operational committee.

7. Orders pursuant to Paragraph 6 can be contested at the Administrative Court of the Canton of Bern; otherwise, the procedural law of the Canton of Bern applies.

1. This Agreement is open for signature by all Cantons and the Confederation.

2. It may enter into force after it has been signed by the Confederation as well as at least 18 Cantons. The strategic assembly shall determine the date of entry into force.

3. Article 28 paragraphs 2 and 3 shall enter into force upon achieving the quorum specified in paragraph 2.

1. Each canton may accede to the agreement after its entry into force by making a unilateral declaration to the strategic committee. The accession becomes effective on January 1 of the following year or at a time mutually agreed upon by the canton and the strategic committee.

2. The accession only becomes effective if the dissolution and settlement of existing usage agreements (Art. 3 para. 4 and Art. 18) between the canton and the strategic committee have been agreed upon. This agreement requires approval by the strategic assembly.

1. PTI Switzerland is established upon the entry into force of this agreement.

2. The strategic assembly conducts a founding meeting. This meeting is held in the period between reaching the membership number according to Article 26 paragraph 2 and the entry into force.

3. It carries out the necessary elections at the founding meeting.

4. If the association HPI Applications decides on its dissolution and the transfer of its assets to PTI Switzerland, then

a. it assumes them in full;

b. it continues the products managed by the association;

c. the existing assets are allocated to the products as well as to the related communities according to the previous regulation in the association.

5. The rules according to paragraph 4 apply as long as the assembly responsible for deciding on the launch of a project does not decide otherwise.

1. A beneficiary who is represented in the HPI Applications Association, participates in existing projects of the association, or procures existing products of the association, but has not signed this agreement at the time of its entry into force, may continue to participate in the previous products for two years without concluding a usage agreement under this agreement (Art. 3 Para. 4 and Art. 18).

2. The previous conditions shall remain in effect as long as they have not been newly regulated in usage agreements.

3. If the period under paragraph 1 expires without a usage agreement being concluded under this agreement or the canton joining this agreement, the beneficiary shall be excluded without compensation from participation in the projects and procurement of products. They shall have no claim to a refund of contributions made or a share in the assets of PTI Switzerland.

1. The strategic assembly may decide to amend this agreement. Instead of a simple majority (Art. 13 Para. 2), a two-thirds majority is required.

2. The amendment shall be submitted for ratification. It requires ratification by two-thirds of the parties.

3. It shall enter into force on the next termination date after the requisite ratifications have been obtained.

4. The strategic assembly may set the entry into force at a different date, but not before the requisite ratifications have been obtained. If it establishes an entry into force prior to the next termination date, any canton may declare its withdrawal to the strategic committee within twelve months of the decision, effective as of the date of entry into force of the amendment.

1. Each canton and the federal government may withdraw from this agreement with a notice period of three years at the end of a calendar year.

2. If the number of parties falls below ten, the strategic assembly, consisting of the representatives of the remaining parties, must reach a resolution regarding the dissolution or adjustment of this agreement.

1. This agreement may be terminated at any time by a resolution of the strategic assembly.

2. The strategic assembly shall decide on the terms and conditions of the termination as well as the deadlines for ceasing operations.

1. If this agreement is dissolved, the operational committee of PTI Switzerland shall liquidate and remove the organization from the commercial register.

1. Upon the withdrawal of a party from this agreement as well as upon the dissolution of PTI Switzerland, contributions made are not refunded.

2. In the event of their withdrawal or dissolution, the parties are entitled to a positive balance of their balance account.

3. Upon the dissolution of PTI Switzerland

a. the positive or negative liquidation result for each product is determined separately and distributed among the project participants or service recipients according to the respective key (Art. 22 para. 1);

b. the remaining positive or negative overall result is distributed among the parties to this agreement according to the key for contributions to the general costs (Art. 21 para. 1).

1. For parties that have withdrawn, the rules for beneficiaries without party status apply with regard to participation in projects and the procurement of products (Art. 18 and Art. 19 para. 3).

1. Disputes among the parties of this agreement, project participants, and service recipients without party status, and PTI Switzerland shall, as far as possible, be settled through negotiation and mediation (Art. 44 para. 3 of the Federal Constitution).