Ordinance of 7 October 2015 on the Compilations of Federal Law and the Federal Gazette (OPubl) - International Law Treaties Containing Legal Rules and Treaties Not Containing Legal Rules (PublV)

International law treaties that contain provisions pursuant to Art. 22, para. 4, of the Act of 13 December 2002 on the Parliament are deemed to contain legal rules. Regarding the international law treaties that fall under the following categories, the responsible authority is entitled to presume that they neither contain nor authorize the enactment of legal rules (Art. 3, para. 1, let. b, LPubl): a. International agreements pursuant to Art. 10 of the Federal Act of 19 March 1976 on Development Cooperation and International Humanitarian Aid, if they pertain solely to concrete projects or targeted contributions; b. Public international law agreements pursuant to Art. 12, para. 2, of the Federal Act of 30 September 2016 on Cooperation with the States of Eastern Europe; c. International treaties pursuant to Art. 8 of the Federal Act of 19 December 2003 on Civil Peace Promotion Measures and Human Rights Strengthening; d. Implementation agreements of international agreements, pursuant to Art. 48a, para. 1, of the Federal Act of 3 February 1995 on the Army and Military Administration (LAAM) concerning training abroad or with foreign troops; e. International conventions pursuant to Art. 66b, para. 2, LAAM necessary for the execution of commitments for peace promotion; f. International agreements pursuant to Art. 109b LAAM that involve the field of cooperation in armament.

Treaties and decisions of minor international law significance (Art. 7a, para. 2 and 3 of the Government and Administration Organization Act of 21 March 1997, GAOA) are not published (Art. 3, para. 3, PublA) in the Official Compilation of Federal Law (OR), unless: a. they concern the rights and obligations of individuals, or b. their publication is deemed necessary for reasons of legal certainty or transparency.

International treaties and decisions whose validity does not exceed six months are published in the RO as soon as their validity is extended beyond this period.

Amendments to treaties and decisions of international law published in the Official Compilation must in all cases be published in the Official Compilation.

The publication may be limited to the amended provisions.

The first publication of a multilateral international treaty in the Official Compilation must be accompanied by the publication of its scope. Amendments to the scope are published as soon as there are five, but no later than three years after the first amendment that was not published.

Switzerland’s reservations, declarations, and communications are published in the Official Compilation.

The reservations, declarations, objections, and communications of other contracting parties, as well as Switzerland’s objections, are only noted in the list of scopes. It mentions the service where the corresponding texts can be obtained or consulted.

The annex of a text published in the Official Compilation (RO) must also be published therein if the said text refers to it.

The following are notably mentioned in the Classified Compilation in the form of a communication: a. texts in the Classified Compilation that have clearly become obsolete and have not been formally repealed; b. ordinances that have lapsed according to Art. 7c, paras. 3 or 4, or 7d, paras. 2 or 3, of the Government and Administration Organization Act (GAOA); c. texts to be removed from the Systematic Compilation of Federal Law (SC) which are no longer published in the Classified Compilation or updated in the SC due to the absence of mandatory publication; d. denunciations and suspensions of treaties and international law decisions.

Formal corrections of errors referred to in Art. 10, para. 1, LPubl, which are published in the AS, include both the provision to be corrected and the corrected provision.

Errors resulting in a change of meaning, as per Art. 10, para. 1, LPubl, notably include: a. grammatical, spelling, or presentation errors that affect the content; b. formal errors such as incorrect references or errors in legislative technique; c. translation errors or terminological inconsistencies.

Errors may only be subject to a formal correction if it is established that the authority which enacted the text made or believed it made its decision based on the correct wording.

The period stipulated in Art. 7, para. 1, of the Federal Publication Law does not include the day of publication in the Official Compilation nor the day of entry into force.

When the act in question and its consequences have significant implications, or when it requires the adoption of implementing provisions, the responsible authority ensures, in collaboration with the Federal Chancellery (FCh), that the publication occurs sufficiently early.

If the responsible authority delivers an enactment to the Federal Chancellery (ChF) for publication, but this delivery occurs too late to meet the deadline specified in Art. 7, para. 1, of the Publication Law (LPubl), the ChF shall immediately request the responsible authority to postpone the entry into force.

If the responsible authority refuses, it must provide the reasons for the late delivery: a. for enactments that must be submitted to the Federal Council: in the accompanying proposal; b. for other enactments: in writing addressed to the ChF no later than at the time of signing the enactment.

If the entry into force cannot be postponed, the legal obligations arising from the concerned enactment shall arise no earlier than the day following its publication in the Official Compilation.

If an act is published urgently in the Official Compilation (RO) on the day of its entry into force, the time of entry into force is specified. The legal obligations resulting from the act in question arise at the earliest at the time of publication.

The Federal Chancellery (ChF) designates urgent publications as such on the publication platform (platform).

The publication of a domestic law text by way of reference as provided for in Art. 5, para. 1, LPubl is ordered by the authority that enacted the text in question.

The publication of a treaty or an international law decision by way of reference as provided for in Art. 5, para. 1, LPubl is ordered by the responsible federal authority.

Publications referenced according to Art. 5, para. 1, LPubl are presented in the form of a separate page in the Official Register (OR).

Publications referenced according to Art. 5, para. 2, LPubl are integrated into the text or in the footnotes.

References according to Art. 5, para. 2, LPubl must mention: a. the internet address where the text can be viewed or ordered; b. the responsible authority or, if applicable, other services where the text can be consulted for free; c. the postal address to which the text can be ordered, if the service in question does not have an internet address.

Texts published by reference may exceptionally be posted elsewhere than on the platform if it is not suitable for their publication for technical reasons.

When the text referred to in the Official Compilation is amended, corrected, or repealed, these changes are also mentioned in the Official Compilation.

In the event of publication by reference according to Art. 5, para. 1, LPubl, the responsible authority shall timely provide the ChF with: a. the texts to be published by reference in the Official Collection (RO); b. for partial revisions: 1. the consolidated texts to be published, 2. other documents to be published on the platform if they are necessary to establish transparency of the modifications in relation to the previous version.

In the event of publication by reference according to Art. 5, para. 2, LPubl, the responsible authority shall ensure that: a. the text to be published by reference in the RO, from the date of publication of the reference: 1. is available at all times in the required official languages, and 2. can be consulted free of charge, if it is a text originating from a private organization, from the responsible authority or possibly from the organization in question, and can be copied for personal use; b. when modifications are involved, such modifications are recognizable in relation to the previous version.

The extraordinary publication of a text pursuant to Art. 7, para. 4, PublA is particularly carried out in one or more of the following forms: a. publication on a website of the federal administration other than the platform; b. communication via radio and television by the Swiss Broadcasting Corporation and other licensed radio or television broadcasters; c. sending to the services designated by the cantons in accordance with Art. 18 PublA; d. issuance of press releases; e. sending circulars or similar writings to the individuals concerned by the text, provided they can be identified by name; f. public display; g. direct notification when the text must be applied immediately.

Special provisions of federal law relating to the form of extraordinary publication are reserved.

The extraordinary publication reproduces the text in full or provides a summary.

In the event of the platform being unavailable, the Federal Chancellery informs the responsible authority of the necessity to proceed with an extraordinary publication.

It sends the text to the services designated by the cantons in accordance with Art. 18 of the Publications Act.

The text is published in the Official Compilation as soon as possible.

Errors that do not result in any change of meaning, as referenced in Art. 12, para. 1, LPubl, including grammatical, spelling, or formatting errors that do not affect the content, are corrected without formal procedure.

The names of administrative units that have been altered following organizational decisions made by the Federal Council, departments, or offices under Art. 8, para. 1, LOGA, are adjusted without formal procedure. Departments communicate the new names to the FCh.

If a text accompanied by a message, such as a treaty or an international law decision (Art. 3 LPubl), is submitted for approval to the Federal Assembly, the text and the message are published simultaneously in the Federal Gazette (FG). This rule also applies to cantonal constitutions.

The texts referred to in Art. 13, para. 2, LPubl are published if they have significant external effects or considerable general importance. This is notably the case for: a. instructions that take the form of an act originating either from the federal administration, or from an organization or a person of public or private law entrusted with administrative tasks but not part of the federal administration; b. directives of the Federal Council such as service agreements, guiding principles, and strategic objectives applicable to enterprises closely linked to the Confederation or to organizations or persons of public or private law entrusted with administrative tasks but not part of the federal administration; c. administrative agreements of major importance.

Published in the Federal Gazette with only the title and reference or the name of the agency from which the text can be obtained (Art. 13, para. 3, LPubl) are notably: a. the message on the federal budget and its supplements; b. the message on the State account of the Confederation; bbis. the message on the legislative program; c. the management report of the Federal Council.

Urgently adopted federal laws are published in the Federal Gazette with only the title, their reference in the Official Compilation, and, if applicable, the expiration date of the referendum period mentioned.

The mention in the Federal Gazette appears simultaneously with the law's publication in the Official Compilation.

An act of the Federal Assembly is initially published in the Federal Gazette (FF) with only its title and the date of its adoption mentioned if its full publication must be deferred, especially when the legal basis or the international treaty on which it is based has not yet entered into force. It is then specified that it will be subsequently published in the Federal Compilations of Law (RO) or in the Federal Gazette (FF).

In addition to the texts mentioned in Art. 13a, para. 1, LPubl, the following are published on the platform: a. explanatory reports on ordinances subjected to consultation; b. explanatory reports on other ordinances that the issuing authority decides to publish; c. information from the Directorate of Public International Law of the Federal Department of Foreign Affairs on treaties and international law decisions that are in force for Switzerland or that Switzerland has signed; d. versions of federal law acts not yet in force when the relevant texts have already been published in the AS.

The Federal Chancellery publishes: a. a systematic repertoire of the SR texts, containing an alphabetical table and a list of texts published by way of reference in accordance with Art. 5(1) of the PublA; b. an index of the subjects of the FG; c. a repertoire of all legal texts of the European Union that are applicable to Switzerland.

The texts published on the platform are notably accessible through the following tools: a. a search engine; b. direct access to the texts of the Classified Compilation of Federal Legislation (CCFL) that are in force, using the CCFL number or acronym, and to their articles by adding the number.

The texts on the platform are published in PDF format. The technical requirements are defined in sec. 1 of the annex.

Sec. 3 of the annex specifies the other formats in which certain texts must also be published.

The version contained in the documents published in PDF format is authoritative.

The Official Compilation (OC), the Systematic Compilation (SC), and the Federal Gazette (FG) have a unified presentation, which is not the case for texts published by reference.

The texts of the Official Compilations (RO) and the Federal Gazette (FF) that are published on the platform in PDF format, including those published by reference in accordance with Art. 5, para. 1, and Art. 13, para. 3, of the Federal Act on the Publication of Federal Laws (LPubl), are provided with an electronic signature of the Federal Chancellery (ChF). The technical requirements are defined in section 2 of the annex.

The Federal Chancellery ensures that the validity of the electronic signatures can be verified online at any time through a validation service.

In the event of a technical issue, if there is an urgency, the requirement for an electronic signature may be suspended.

The RO, the RS, and the FF, as well as the corresponding directories, tables of contents, and indexes, are published in separate editions in each of the three official languages.

The instructions must be available in at least the official languages.

The Federal Chancellery decides, in agreement with the responsible authority, whether the conditions are met to allow for an exception to the obligation to publish in the official languages as stipulated in Art. 14, para. 2, LPubl.

Explanatory reports on ordinances that have been subject to consultation may exceptionally not be published in all official languages if the consultation was not mandatory (Art. 3, para. 2, of the Consultation Act of March 18, 2005) and if the project is only of local or regional interest.

The Federal Chancellery decides, in agreement with the responsible authority, whether texts should be published in other languages (Art. 14, para. 6, LPubl).

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The Official Compilation (RO) and the Federal Gazette (FF) are published in principle on every working day.

The online version of the Systematic Compilation (RS) is kept up to date.

The Federal Chancellery (ChF) arranges for periodic printed editions based on demand according to a schedule it defines. The publication frequency is at least as follows: a. the State Compilation (RO) and the Federal Gazette (FF): once a month; b. the supplementary material to the Classified Compilation (RS) and the subject index of the FF: four times a year; c. the systematic directory: once a year.

The printed editions of the RO and the FF are sold by subscription.

The printed editions of the RS are sold as a complete collection or in separate parts. Subscribers also receive the supplements.

Paragraphs 1 to 3 do not apply to texts of the RO, RS, and FF that are published by reference in accordance with Articles 5, paragraph 1, and 13, paragraph 3, of the Publication Act (LPubl).

The ChF ensures that it is possible to order individual texts from the AS, SR, and FF, including those published in the form of references in accordance with Articles 5, para. 1, and 13, para. 3, LPubl.

It publishes, based on the foreseeable demand, compilations of texts from the AS, SR, and FF, including those published in the form of references in accordance with Articles 5, para. 1, and 13, para. 3, LPubl.

The Official Compilation (RO) and the Federal Gazette (FF) are printed in at least three copies; texts published by reference are not included. The Federal Chancellery (ChF) ensures that these copies are stored in at least three separate buildings.

The publications referred to by the LPubl can be obtained from the Federal Office for Buildings and Logistics.

The Swiss Federal Chancellery ensures that the texts subject to the Publication Act are published on time.

The responsible authority provides the Swiss Federal Chancellery with the texts to be published on the platform in a timely manner. Their format is defined in Chapter 4 of the Annex. The texts are provided in their final version and in each required language.

International treaties and decisions must also be provided to the Directorate of Public International Law of the Federal Department of Foreign Affairs on time before their entry into force, in the original language and, in electronic form, in the required official languages.

When it is not possible to publish the messages and reports referred to in Art. 149 of the Parliament Act of 13 December 2002 on time, the responsible authority ensures they are delivered to the Parliamentary Services.

The responsible authority must provide the FCh with the different linguistic versions of the domestic legal texts no later than the following deadlines: a. at the start of the consultation with the offices (Art. 4 of the Ordinance of November 25, 1998, on the Organization of the Government and Administration, OLOGA), in German and French: draft acts that are subject to consultation or supported by a drafted message; b. at the start of the linguistic and legal checks (e-circuit), in German and French: other draft acts and other texts that must be published pursuant to the PubbL; c. on the day the Federal Council makes its decision, in Italian: texts under the competence of the Federal Council; d. on a date agreed upon with the FCh, in Italian: texts under the competence of other authorities.

The responsible authority must provide the Federal Chancellery with the different linguistic versions of the following texts by the latest deadlines as follows: a. at the opening of the co-report procedure (Art. 5 OLOGA) for the approval of the concerned treaties or decisions, in German and French: the texts of the treaties and decisions of international law that the Federal Council has the competence to conclude alone; b. before the date of provisional application, in German and French: the texts of the treaties and decisions of international law that must be applied provisionally; c. at the opening of the co-report procedure (Art. 5 OLOGA) for the approval of the message, in German and French: the texts of the treaties and decisions of international law in support of which a message must be drafted; d. on a date set in agreement with the Federal Chancellery, in Italian: the texts referred to in letters a to c.

Amendments to the Constitution that are accepted by the people and the cantons shall be published in the Official Gazette (RO) on the same day that the validation order is published in the Federal Gazette (FF).

Federal laws and federal decrees subject to or submitted for a referendum shall be published in the RO upon the expiration of the referendum period, if not utilized, or after their acceptance by the people.

Urgent federal laws and ordinances passed by the Federal Assembly shall be published in the RO immediately after their adoption.

The texts referred to in paragraphs 1 to 3 for which the entry into force date has not yet been set shall be published in the RO immediately after the decision establishing their entry into force.

International treaties that are applied provisionally prior to their entry into force shall be published in the RO as soon as possible after the provisional application decision is made.

All texts that have been adopted by the Federal Assembly during the same parliamentary session and are subject to a referendum shall be published in the FF simultaneously. Their publication occurs at the earliest ten days after the final voting in the Chambers. A text may be published earlier if it is essential for it to enter into force on time.

A simple federal decree is not published in the FF before the act constituting its legal basis has been published in the RO.

For the purposes of art. 16a LPubl, the following terms are defined as follows: a. authenticity: the assurance that a text has been published by the Swiss Confederation (ChF); b. integrity: the assurance that a text has not undergone unauthorized or accidental modification after its publication.

The preservation of texts published on the platform, as well as their authenticity and integrity, is ensured by the following measures, among others: a. all data related to the texts published on the platform that is necessary to restore these texts to the version in which they were initially published (closed data) is preserved; the closed data is stored on servers located in distinct places and not connected to the public network; b. in the event of a discrepancy between the closed data and the text published on the platform, the text is restored within one day to the version in which it was initially published on the platform; anonymized data in accordance with art. 44, para. 2 is excepted; c. data is transmitted in such a way that the recipient can ensure that it indeed originates from the platform.

The Swiss Confederation (ChF) takes the necessary technical and organizational measures to ensure the proper functioning of the platform.

When they contain sensitive data, the texts referred to in Art. 13, para. 1, let. g, and para. 2 LPubl are available on the platform and indexed by its search engine for a maximum duration of six months. If circumstances justify it, the responsible authority may extend this period to a maximum of twelve months.

At the expiration of the period mentioned in para. 1, the Federal Chancellery shall ensure that the texts are no longer accessible or are accessible only in an anonymized version.

Any person to whom sensitive data contained in a text accessible online relates may request the responsible authority to remove it from the platform before the expiration of the periods mentioned in para. 1 if: a. they certify having taken note of the publication, and b. anonymization of the text does not infringe on the interests of a third party.

When a text from the AS or the SR, or a text published by reference in accordance with Art. 5, para. 1, of the PPA contains sensitive data, such data shall be removed if the responsible authority so orders.

In archived data, both the anonymized and the non-anonymized versions of a text are preserved, whereas only the non-anonymized version is retained in the printed editions.

Free access to the platform provided for by Art. 19, para. 1, LPubl includes, notably, downloading texts for personal use. Personal use also encompasses citing or commenting on these texts in academic works or publications.

The use of data available on the platform is subject to the following requirements: a. the content of the data must not be modified; b. the data must be presented in such a way that, visually, they are clearly distinguishable from comments or other additions; c. the data must be accompanied by the following disclaimer: "This is not an official publication. Only the publication made by the Federal Chancellery is authoritative"; d. ... e. neither the advertising, the packaging, the data carrier, nor the electronic media should give the impression that it is an official publication; f. sensitive data contained in the texts of the Official Collection (RO) or the Systematic Collection (RS), or in texts published by cross-reference in accordance with Article 5, paragraph 1, LPubl, must be deleted as soon as the Federal Chancellery ceases to publish said texts or only publishes them in an anonymized form; g. sensitive data contained in texts other than those referred to in let. f cannot be used or transmitted to third parties; h. data can only be transmitted or made accessible for remuneration in an enhanced form. and 3 ...

The content of the platform can be consulted online via the services designated by the cantons in accordance with Art. 18 of the Federal Publications Act (LPubl).

A printed version of the relevant texts is made available upon request by the services designated by the cantons.

The extraordinary publications referred to in Art. 7, para. 4, of the Federal Publications Act can also be consulted through the services designated by the cantons.

If the platform is temporarily unavailable, the Federal Chancellery (ChF) communicates the texts of the Official Collection (RO) or the Federal Gazette (FF), including those published by reference in accordance with Art. 5, para. 1, and Art. 13, para. 3, of the Federal Publications Act, upon request.

The collection of fees charged in exchange for the supply of printed editions pursuant to Articles 35 and 36 is governed by the Ordinance of 19 November 2014 on Fees Relating to Publications.

No fee shall be charged for the consultation of electronic data.

The Federal Chancellery designates the service responsible for publications according to the LPubl and establishes its duties regarding instructions and coordination with the responsible authorities, particularly: a. to ensure that texts are published on time and in accordance with quality requirements; b. concerning the formatting, presentation, and submission of texts; c. regarding the technical means to be implemented.

It manages the applications related to publications in accordance with the LPubl to ensure in particular: a. compliance with publication deadlines (Art. 39 to 41); b. the security of publications and data protection (Art. 43 and 46).

It may adjust the annex to technological developments.

The Ordinance of 17 November 2004 on Official Publications is repealed.

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This ordinance shall enter into force on January 1, 2016.