1 Foundations and Organization, Public Levies » 18 Intercantonal Cooperation (IRV)
Table of Provisions (38)
Statutory Text (38 Provisions)
Purpose and Scope
1 The framework agreement governs the principles and procedures of intercantonal
cooperation with burden sharing.
2 It forms the basis for intercantonal cooperation agreements in the
areas according to Article 48a of the Federal Constitution.
3 Cantons may subject intercantonal cooperation agreements in other areas of
responsibility to the framework agreement.
Goals of Intercantonal Cooperation with Fiscal Equalization
1. The goal of intercantonal cooperation with fiscal equalization is to achieve a needs-based and economical fulfillment of tasks.
2. It shall be designed in such a way that the beneficiaries are also responsible for costs and decisions.
3. The Conference of Cantonal Governments (KdK) publishes an accountability report every four years on the status of the application of the principles of intercantonal cooperation.
Intercantonal Cooperation with Fiscal Equalization
The cantons commit to observing the principles of subsidiarity and fiscal equivalence by analogy also in inner-cantonal relations.
Position of the Cantonal Parliaments
1 The cantonal governments are obliged to inform the cantonal parliaments in a timely
and comprehensive manner about existing or intended agreements in the field of intercantonal
cooperation with fiscal equalization.
2 Otherwise, cantonal law regulates the participation rights of the parliaments.
**2. Responsibilities and Powers**
Conference of Cantonal Governments (KdK)
1 Declarations of accession, declarations of withdrawal, and requests for amendment to the framework
agreement must be deposited with the KdK.
2 The KdK determines the entry into force and the termination of the framework agreement
and conducts any amendment procedures.
3 It elects the members of the Intercantonal Treaty Commission (IVK) and
approves its rules of procedure.
Presidency of the KdK
The President of the KdK is responsible for the informal preliminary proceedings within the framework of the dispute resolution procedure.
Intercantonal Treaty Commission (ITC)
1 The ITC is responsible for the formal conciliation procedure within the framework of the dispute resolution process.
2 It consists of six members, who are elected by the CoC for a term of office of four years. Due consideration must be given to an appropriate representation of the language regions during the election.
3 It adopts its own rules of procedure.
4 The CoC bears the provision costs of the ITC. All other costs are to be borne by the parties in accordance with Art. 33 para. 5.
3. Definitions
1. The service provider is a canton or a joint body responsible for delivering the service.
2. The service purchaser is the canton that remunerates the services.
3. The service producer is whoever produces a service.
4. The service recipient is whoever utilizes a service.
5. Demanders within the meaning of Articles 13 and 23 are potential service recipients.
II. Forms of Intercantonal Cooperation with Burden Equalization
The framework agreement regulates the following forms of intercantonal cooperation with financial equalization
a) joint sponsorship;
b) the purchase of services.
1. Joint Sponsorship
Definitions
1 A joint body is an organization or institution of two or more cantons whose purpose is to jointly provide specific services within the framework of intercantonal cooperation with burden sharing.
2 The cantons participating in a joint body are referred to as supporting cantons.
Applicable Law
1 The law at the seat of the joint body applies.
2 Deviating provisions in the respective intercantonal agreements remain reserved.
Rights of the Sponsoring Cantons
1 The sponsoring cantons generally have equal rights of co-determination and participation within the sponsorship. These may exceptionally be weighted according to financial involvement.
2 The rights of co-determination and participation are comprehensive and extend to all areas of service provision.
Equal Access
Demanders from the supporting cantons have equal access to the services.
### Supervision
1 The cantons responsible for the organization ensure effective supervision over the management and administration of the joint organization.
2 They transfer the supervisory functions to suitable bodies. All responsible cantons must be enabled to participate in these bodies.
Business Scrutiny
1. In the case of joint authorities (or: joint entities), interparliamentary business scrutiny commissions shall be appointed.
2. The allocation of seats shall generally be on a parity basis. In exceptional cases, it may be based on the financing key, whereby each canton must be granted a minimum representation.
3. The interparliamentary business scrutiny commission shall be informed promptly and comprehensively about the work of the joint authority.
4. Interparliamentary business scrutiny commissions may propose amendments to the agreement (or: treaty) to the cantons that are parties to the joint authority (or: sponsoring cantons). They shall have appropriate participation rights within the framework of developing a service mandate and global budget.
### Entry
1. New supporting cantons shall pay an entry sum corresponding proportionally to the current value of investments made by the existing supporting cantons.
2. The existing supporting cantons shall be entitled to the entry sum to the extent of their investments.
3. The entry procedure shall be regulated in intercantonal agreements.
Withdrawal
1 The withdrawal procedure and conditions, including any claim for compensation by withdrawing cantons, shall be regulated in the intercantonal agreements.
2 Withdrawing cantons shall be liable for obligations that arose during the period of their co-sponsorship.
Dissolution
1 Any dissolution and liquidation proceeds shall be distributed proportionally
among the contracting parties according to their participation.
2 For any obligations existing at the time of dissolution, the
cantonal carriers shall be jointly and severally liable, unless the intercantonal
agreements provide otherwise.
### Liability
**1** The cantons responsible for the body are subsidiarily and jointly and severally liable for the obligations of common bodies.
**2** The cantons responsible for the body are liable for persons whom they delegate to intercantonal bodies.
**3** Deviating provisions in the respective intercantonal agreements remain reserved.
Information
The cantons responsible for the institution shall be informed of the activities of the joint responsible body in a timely and comprehensive manner.
2. Procurement of services
Forms of Performance Purchase
A performance purchase can be made by means of equalisation payments, exchange of services, or mixed forms of payment and exchange.
Participation of Service Purchasers
Service purchasers are generally granted at least a partial right of participation.
Access to Services
1 Demanders from the contracting cantons generally have equal access to the
services.
2 In the event of admission restrictions, demanders from contracting cantons
are preferred over those from non-contracting cantons.
3 In the event of admission restrictions, demanders from supporting cantons
are preferred over those from cantons that are service purchasers.
Information Exchange
The service recipients are to be informed periodically by the service provider about the services rendered.
III. Equalization of Burdens
1. Foundations for Determining Remuneration
Cost and Performance Accounts
1 Transparent and comprehensible cost and performance accounts form the basis for determining the remunerations.
2 The cantons involved in a contract shall develop the requirements for the cost and performance accounts.
Cost-Benefit Analysis
1 Before commencing negotiations, the negotiating partners shall set out which
services and benefits they profit from and which costs and
disadvantages they are burdened with. The service providers shall prove the
incurred costs.
2 The Cantons are obliged to provide the necessary documents.
2. Principles for Remuneration
Compensation for Services Rendered from Other Cantons
1 Services involving substantial costs, which are not borne by recipients of services from outside the canton, shall be compensated by equalisation payments from the cantons.
2 The determination of compensation and other contractual contents shall, in principle, be a matter for the contracting parties.
Criteria for Remuneration
1 The basis for determining remuneration comprises the average full costs.
2 Remuneration is results-oriented and is based on the effective utilization of services.
3 Further criteria for establishing remuneration include
a) granted or claimed rights of co-determination and participation;
b) the granted access to the service offering;
c) significant location advantages and disadvantages in connection with service
provision and service utilization;
d) transparency of cost evidence;
e) economic efficiency of service production.
Compensation of the Service Provider
1 The service recipient undertakes to remit the compensation to the service provider, to the extent that the latter bears the costs for the provision of services.
Municipalities as Service Providers
1 If the service providers are municipalities, they must be granted a right to be heard and a right to participate.
2 In an intercantonal agreement, municipalities or organizations supported by them may be granted a direct claim to compensation.
**IV. Dispute Resolution**
Principle
1 The cantons and intercantonal bodies shall endeavor to settle disputes arising from existing or intended intercantonal agreements through negotiation or mediation.
2 They commit to participating in the dispute resolution procedure described below for all disputes in connection with intercantonal cooperation involving burden equalization before filing an action pursuant to Art. 120 para. 1 lit. b of the Federal Supreme Court Act of June 17, 2005.
3 The dispute resolution procedure may also be invoked by non-agreement cantons as well as by intercantonal bodies not based on the IRV (Intercantonal Review and Approval Body).
Dispute Resolution Procedure
1 The dispute resolution procedure is two-tiered. It consists of an informal preliminary procedure before the Presidium of the KdK and a formal conciliation procedure before the IVK.
2 Any canton and any intercantonal body may initiate the dispute resolution procedure for this purpose by submitting a written request for conciliation to the Presidium of the KdK.
Informal Preliminary Procedure
1 Upon receipt of the request for mediation, the President of the CoC or another personality designated by him or her, acting as mediator, invites the representatives of the parties involved to a discussion.
2 With the agreement of the parties, a person particularly qualified in the field of mediation may be called upon.
3 If the informal preliminary procedure does not lead to an agreement within six months of receipt of the request for mediation, the mediator shall initiate the formal mediation procedure before the IC.
Formal Conciliation Procedure
1 The IVK notifies the parties of the commencement of the formal conciliation procedure.
2 The members of the IVK designate a person to chair the pending conciliation procedure. If they cannot agree on a joint proposal within one month, or if the designated person is rejected by a party, the President of the Federal Supreme Court is requested to designate a chairperson for the conciliation procedure.
3 The commencement of the conciliation procedure, stating the subject matter of the dispute, must be notified to the Federal Chancellery. If the dispute affects the interests of the Confederation, the Federal Council may designate a person to participate in the conciliation procedure as an observer of the Confederation.
4 The parties are entitled to record and document their divergent viewpoints in writing for the IVK, and they are given the opportunity to express themselves orally before the IVK. A record must be kept of the hearing.
5 The outcome is recorded by the IVK in a document for the attention of the participants. This document must also regulate the distribution of the procedural costs among the parties.
6 The parties undertake to file any action with the Swiss Federal Supreme Court within six months of the formal declaration of any failure of the conciliation procedure.
7 They undertake to submit the documents of the dispute resolution procedure to the court files.
V. Final Provisions
Accession and Withdrawal
1. Accession to the framework agreement becomes effective upon notification to the KdK.
2. Any canton may withdraw by making a declaration to the KdK. The withdrawal becomes effective at the end of the calendar year following the declaration.
3. The declaration of withdrawal may be submitted no earlier than the end of the 5th year since its entry into force and five years after accession.
### Entry into Force
The Framework Agreement will enter into force when 18 cantons have acceded to it.
Duration of Validity and Termination
1 The framework agreement is valid indefinitely.
2 It terminates if the number of members falls below 18.
Amendment to the Framework Agreement
Upon application by three cantons, the KdK initiates the amendment to the Framework
Agreement. It comes into force under the conditions set out in Article 36.
1 GS 21-59.
2 SR 173.110.
3 Abl 2006 896.
4 Entered into force on May 11, 2007 (according to KdK letter of May 16, 2007).