Framework Convention for Intercantonal Cooperation with Cost Equalization (Intercantonal Framework Convention, IFC) (IRV)

1 The Framework Convention defines the principles and procedure for intercantonal collaboration with burden compensation.

2 It forms the basis for intercantonal collaboration conventions in the areas referred to in Article 48a of the Federal Constitution.

3 The Cantons may also subject intercantonal collaboration agreements concluded in other sectors to the Framework Convention.

1 Intercantonal collaboration with burden compensation aims to ensure the execution of tasks based on the principles of economy, efficacy, and efficiency.

2 It must be structured in such a way that the beneficiaries of services also bear their costs and make the related decisions.

3 Every four years, the Conference of Cantonal Governments (CCG) publishes a report on the state of application of the principles of intercantonal collaboration.

The Cantons undertake to apply by analogy the principles of subsidiarity and fiscal equivalence also in the internal relations of each Canton.

1 The cantonal governments are obliged to inform the cantonal parliaments promptly and comprehensively about existing or planned intercantonal cooperation agreements involving burden compensation.

2 For the rest, the participation rights of the cantonal parliaments are governed by cantonal law.

1 The declarations of accession and withdrawal and the requests for revision of the framework convention must be deposited with the CdC.

2 The CdC determines the date of entry into force and the date of abrogation of the framework convention and carries out any revision procedure.

3 It appoints the members of the intercantonal commission for conventions (CIC) and approves its regulations.

The presidency of the CdC is responsible for the preliminary informal procedure aimed at resolving disputes.

1 The CIC is competent for the formal mediation procedure intended to resolve disputes.

2 It is composed of six members, appointed by the CdC for an administrative period of four years. The selection of members ensures adequate representation of the linguistic regions.

3 It adopts its own regulations.

4 The CdC bears the operating costs of the CIC. Further costs shall be borne by the parties in accordance with Art. 34 para. 5.

1 Provider of services is the Canton or the common responsible body whose scope of competence includes the production of the services in question.

2 Purchaser of services is the Canton that indemnifies them.

3 Producer of services is he who actually performs them.

4 Beneficiary of services is he who makes use of them.

5 Applicants within the meaning of Arts. 13 and 23 are the potential beneficiaries of services.

The framework convention regulates the following forms of intercantonal collaboration

a. common responsible bodies;

b. the acquisition of services.

1 A common responsible body means an organization or an institution common to two or more Cantons, which pursues the purpose of providing specific services within the framework of intercantonal cooperation with cost compensation.

2 The Cantons participating in a common responsible body are referred to as partner Cantons.

1 The applicable law is that of the seat of the common responsible body.

2 Different provisions provided for by intercantonal conventions remain reserved.

1 The Cantons that are part of a common responsible body enjoy an equal right to participate in decisions. This right may exceptionally be weighted according to their respective financial commitments.

2 The right to participate in decisions is comprehensive and extends to all areas concerning the provision of services.

All applicants from partner Cantons have equal access rights to services.

1 The partner Cantons ensure effective supervision of the management and administration of the common responsible body.

2 They entrust supervisory duties to appropriate bodies. All partner Cantons must be able to be part of the supervisory bodies.

1 Interparliamentary management commissions are established for the control of common responsible bodies.

2 The distribution of seats is, in principle, equal. It may exceptionally be based on a financing key, which must nevertheless guarantee a minimum representation for each Canton.

3 The interparliamentary management commissions are informed promptly and comprehensively about the work of the common responsible bodies they oversee.

4 The interparliamentary management commissions may propose to the partner Cantons a revision of the agreement. They have an adequate right of participation in the drafting of performance mandates and the definition of the overall budget.

1 In the event of adherence to an existing common body, the adhering Canton shall pay an entry contribution intended for the proportional compensation of investments already financed by the partner Cantons and calculated at their current value.

2 The partner Cantons are entitled to a share of this contribution, determined in proportion to the investments they have already financed.

3 The adherence procedure must be regulated in the relevant intercantonal conventions.

1 The withdrawal procedure and conditions, including any right of the withdrawing Canton to compensation, must be regulated in the relevant intercantonal agreements.

2 Withdrawing Cantons are responsible for the obligations they undertook when they were members.

1 The proceeds of any dissolution and liquidation shall be distributed among the parties proportionally to their participation in the agreement.

2 The partner Cantons shall be jointly and severally liable for the obligations existing at the time of dissolution. Different provisions stipulated by intercantonal agreements remain reserved.

1 The partner Cantons are subsidiarily and jointly liable for the commitments of the common bodies.

2 The partner Cantons are liable for the persons delegated by them to the intercantonal bodies.

3 Different provisions set forth in intercantonal conventions remain reserved.

The partner Cantons must be informed in a timely and detailed manner about the activities of the common responsible body.

Services can be acquired through compensatory payments or exchanges of services, with the possibility of combining these two forms of acquisition.

To the purchaser of services, there generally accrues at least a partial right of participation in decisions.

1 Applicants from cantons party to a convention generally have equal rights of access to benefits.

2 If access to benefits is limited, applicants from cantons party to a convention have a right of priority over applicants from cantons that are not parties.

3 If access to benefits is limited, applicants from partner cantons have a right of priority over applicants from cantons that are purchasers of benefits.

The service provider informs the purchasers periodically about the services provided.

1 To determine the allowances, the Cantons shall draw up a transparent and comprehensible calculation of costs and benefits.

2 The Cantons that are parties to an agreement shall define the requirements for the calculation of costs and benefits.

1 Before the start of negotiations, the parties specify the services and benefits they will receive, as well as the costs and negative effects they must bear. Service providers justify the costs they must assume.

2 The Cantons must produce the necessary supporting documents.

1. Services that entail significant costs not borne by beneficiaries outside the cantons party to an agreement shall give rise to compensation in the form of compensatory payments to be borne by the cantons concerned.

2. The determination of the compensation and the definition of the particular elements of the agreement shall be the responsibility of the cantons that have acceded to an agreement.

1 The average global costs form the basis for determining the indemnity.

2 The indemnity is set based on assessments and calculated according to the effective utilization of services.

3 When determining the indemnity, the following criteria must also be taken into account

a. participation rights in decisions and their implementation, granted or requested;

b. guaranteed access to the range of services;

c. significant location advantages and disadvantages in relation to the provision and use of services;

d. transparency of supporting documents;

e. profitability of service production.

The service provider undertakes to indemnify the service producer to the extent that the latter bears the production costs thereof.

1 When municipalities are producers of services, they must be granted a right to be heard and to participate.

2 An intercantonal convention may confer upon municipalities and the entities for which they are responsible an immediate right to be indemnified.

1 The Cantons and intercantonal bodies shall endeavor to resolve, by negotiation or conciliation, all disputes that may arise in connection with existing or proposed intercantonal conventions.

2 In the event of disputes related to intercantonal cooperation involving cost equalization, the Cantons undertake to participate in the dispute resolution procedure before bringing an action under Article 120 paragraph 1 letter b of the Federal Act of 17 June 2005 on the Federal Supreme Court.

3 The dispute resolution procedure may also be requested by Cantons that are not parties to the convention and by intercantonal bodies that are not based on the Intercantonal Convention (CQI).

1 The dispute resolution procedure takes place in two phases. It comprises an informal preliminary procedure, conducted before the presidency of the Cantonal Directorate of Conciliation (CdC), and a formal mediation procedure conducted before the Intercantonal Conference (CIC).

2 Each Canton and each intercantonal body may initiate a dispute resolution procedure before the presidency of the CdCs, by submitting a written request for mediation.

1 Upon receipt of the request for mediation, the presidency of the CdC or the person designated by it invites the representatives of the Cantons concerned to a discussion hearing.

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 result in an agreement within six months of the filing of the request for mediation, the presidency of the CdC or the person designated by it initiates the formal mediation procedure before the CIC.

1 The ICC notifies the parties of the opening of the formal mediation procedure.

2 The members of the ICC designate a person to act as president in the mediation procedure. If they fail to agree on a common proposal within one month or if the designated person is recused by one of the parties, the President of the Federal Tribunal is invited to designate the president for the mediation procedure.

3 The opening of the formal mediation procedure is notified to the Federal Chancellery, with mention of the subject of the dispute. If the dispute affects the interests of the Confederation, the Federal Council may designate a person to participate in the mediation procedure with observer status.

4 The parties may present and document their arguments in a written submission addressed to the ICC and may express themselves orally before the same commission. Minutes of this hearing shall be kept.

5 The outcome of the formal mediation procedure is delivered in a document prepared by the ICC for the attention of the parties. This document must also regulate the apportionment of procedural costs.

6 The parties undertake to initiate any potential action before the Federal Tribunal within six months of the communication of the failure of the mediation procedure.

7 They also undertake to submit the documents from the conciliation procedure into the records.

1. Accession to the Framework Convention occurs by notification to the CdC.

2. Each Canton may withdraw from the Framework Convention by declaration to the CdC. The withdrawal takes effect at the end of the year following that of the declaration.

3. The declaration of withdrawal may be deposited no earlier than at the end of the fifth year after the entry into force of the Framework Convention and five years after the effective accession of the withdrawing Canton.

The Framework Convention enters into force upon the accession of 18 Cantons. [1]

[1] Accession of the 18th canton: 17 April 2007 - BO 2007, 409.

1 The framework Convention is concluded for an indeterminate period.

2 The framework Convention shall be repealed if the number of adhering Cantons falls below eighteen.

At the request of three Cantons, the CdC opens a procedure for the revision of the Framework Convention. The revision enters into force under the conditions set out in Art. 36.

Published in FO 2006, 283 and 291; FO 2007, 409. Approval decree of 29.5.2006 – FO 2006, 282 and FO 2007, 409.