ETH Act

By Steph4
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In The Matter OfETH Act
Exhibit A
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Amended by No I of the FA of 21 March 2003, in force since 1 Jan. 2004 (AS 2003 4265; BBl 2002 3465). Amended by No I of the FA of 30 Sept. 2016, in force since 1 May 2017 (AS 2017 151; BBl 2016 3089).

English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.

Art. 33 Strategic objectives

1 The Federal Council shall establish the strategic objectives for the ETH domain at four-year intervals as part of the legal framework. It shall consult the ETH Board in advance. 2 The strategic objectives shall determine in particular the priorities of the ETH Domain in teaching, research and services and the principles under which funds are allocated to the two federal institutes of technology and the four research institutes within the ETH Domain. 3 They shall be aligned with the federal budget both in terms of duration and content. 4 The Federal Council may change the strategic objectives during their period of validity if there are important, unforeseeable reasons for doing so.

Art. 33 — Amended by No I of the FA of 30 Sept. 2016, in force since 1 May 2017 (AS 2017 151; BBl 2016 3089).

Art. 33a Implementation

1 The ETH Board shall ensure implementation of the strategic objectives of the Federal Council. 2 It shall enter into four-year agreements on operational objectives with the two federal institutes of technology and the four research institutes within the ETH Domain. If there is no consensus on the content or implementation of operational objectives, then the ETH Board shall make a final decision. 3 It shall distribute funds allocated by the Confederation; in doing so, it shall rely in particular on the budget proposals made by the two federal institutes of technology and the four research institutes within the ETH Domain.

Art. 33a — Amended by No I of the FA of 30 Sept. 2016, in force since 1 May 2017 (AS 2017 151; BBl 2016 3089).

Art. 34 Reporting

The ETH Board shall submit the following documents to the Federal Council: a. its report on achievement of strategic objectives; b. its annual report; c. the annual audit report; d. the report of the Swiss Federal Audit Office, if the SFAO conducted an audit of the ETH Domain during the reporting year.

Art. 34 — Amended by No I of the FA of 30 Sept. 2016, in force since 1 May 2017 (AS 2017 151; BBl 2016 3089).

Art. 34a Evaluation of performance

1 The Department shall regularly evaluate the extent to which the performance mandate has been discharged and Federal Council's strategic goals for the ETH Domain have been achieved and, if necessary, propose appropriate measures to the Federal Council. 2 The Federal Council shall inform the Federal Assembly.

Art. 34a — Amended by No I of the FA of 19 March 2021, in force since 1 Nov. 2021 (AS 2021 603; BBl 2020 715).

Art. 34b Financial contribution by the Confederation

1 The Federal Council shall propose a funding limit to the Federal Assembly. This amount shall cover the operational and investment needs of the ETH Domain. 2 The Federal Assembly shall then determine the funding limit for the four-year period. 3 This financial contribution is independent of third-party funding secured by the two federal institutes of technology or the four research institutes within the ETH Domain, both in terms of amount and purpose.

Art. 34bbis Transfer of use

1 The ETH Board and, insofar as it determines, the two federal institutes of technology and four research institutes within the ETH Domain may temporarily transfer the use of real estate owned by the Confederation to third parties. 2 The Federal Council may waive the delivery of proceeds therefrom if these are only small and if the transfer of use serves the interest of the Confederation.

Art. 34bbis — Inserted by No I of the FA of 30 Sept. 2016, in force since 1 May 2017 (AS 2017 151; BBl 2016 3089).

Art. 34c Third-party funding

1 The two federal institutes of technology and the four research institutes within the ETH Domain may use funds from third parties provided that that they are compatible with their remit. 2 The ETH Board shall issue rules and regulations on the management of these funds.

Art. 34d Fees

1 The two federal institutes of technology and the four research institutes within the ETH Domain shall charge fees for their services. 2 Tuition for Swiss students as well as for foreign students who are resident in Switzerland shall be calculated in accordance with social equity principles. 2bis Higher tuition will be set for foreign students who are resident in Switzerland for the purpose of studying or who are not resident in Switzerland. These will be at least three times more than the tuition fees established in paragraph 2. 3 The ETH Board shall issue a schedule of fees. If it decides to increase fees, it may adopt transitional provisions to avoid economic hardship for students already enrolled. 4 For services, the two federal institutes of technology and the four research institutes within the ETH Domain shall charge fees commensurate with market rates. 5 The two federal institutes of technology and the four research institutes within the ETH Domain may charge fees for services

Para. 2 — Amended by No I of the FA of 30 Sept. 2016, in force since 1 May 2017 (AS 2017 151; BBl 2016 3089). Para. 2bis — Inserted by No I of the FA of 30 Sept. 2016 (AS 2017 151; BBl 2016 3089). Amended by No I of the FA of 27 Sept. 2024, in force since 1 May 2025 (AS 2025 198; BBl 2024 900). Para. 3 — Amended by No I of the FA of 30 Sept. 2016, in force since 1 May 2017 (AS 2017 151; BBl 2016 3089). Para. 5 — Inserted by No I of the FA of 27 Sept. 2024, in force since 1 May 2025 (AS 2025 198;

Art. 34e Other charges

1 The two federal institutes of technology and the four research institutes within the ETH Domain may allow member organisations to charge reasonable, socially equitable fees for services provided in the interests of the two federal institutes of technology, the four research institutes within the ETH Domain or their members. Fees shall be listed in rules approved by the two federal institutes of technology or the four research institutes within the ETH Domain as applicable. 2 The two federal institutes of technology may charge students and doctoral candidates a socially equitable sum for the use of sports facilities.

Art. 35 Budget and annual report

1 The ETH Board shall establish an annual budget and annual report for the ETH Domain. 2 The annual report shall contain a status report and annual accounts of the ETH Domain, including: a. balance sheet; b. profit and loss account; c. cash flow statement; d. investment appraisal; e. equity statement; f. annex. 3 The ETH Board shall submit the revised annual report to the Federal Council for approval. At the same time, it shall submit a request for discharge and a proposal on the allocation of any surplus income. 4 It shall publish the annual report after approval has been given.

Art. 35 — Amended by No I of the FA of 28 Sept. 2012, in force since 1 Jan. 2015 (AS 2013 389; BBl 2012 3099). Para. 3 — Second sentence inserted by No I of the FA of 30 Sept. 2016, in force since 1 May 2017 (AS 2017 151; BBl 2016 3089). Para. 4 — Inserted by No I of the FA of 30 Sept. 2016, in force since 1 May 2017 (AS 2017 151; BBl 2016 3089).

Art. 35a Finance and accounting

1 Financial reporting for the ETH Domain will provide a reliable overview of the asset, financial and income situation. 2 Financial reporting shall be based on the principles of materiality, completeness, clarity, consistency, presentation of figures on a gross basis and shall be drafted in accordance with generally recognised standards. 3 The accounting principles and practices underpinning the accountancy and assessment rules must be presented in the annex of the balance sheet. 4 Business accounting must be prepared in such a way as to enable ascertainment of the income and expenses for each service. 5 The Federal Council may enact provisions on finance and accounting.

Art. 35a — Inserted by No I of the FA of 28 Sept. 2012, in force since 1 Jan. 2015 (AS 2013 389; BBl 2012 3099). Art. 35a — Amended by No I of the FA of 30 Sept. 2016, in force since 1 May 2017 (AS 2017 151; BBl 2016 3089). Para. 5 — Amended by No I of the FA of 30 Sept. 2016, in force since 1 May 2017 (AS 2017 151; BBl 2016 3089).

Art. 35abis Internal control system and risk management

The ETH Board, the two federal institutes of technology and four research institutes within the ETH Domain shall each operate an internal control system and a risk management system in accordance with the requirements specified by the Federal Council.

Art. 35abis — Inserted by No I of the FA of 30 Sept. 2016, in force since 1 May 2017 (AS 2017 151; BBl 2016 3089).

Art. 35ater Financial supervision

1 The ETH Board shall establish an office responsible for internal audits. 2 The ETH Board shall issue rules on the exercise of financial supervision within the ETH Domain. 3 The accounts of the ETH Domain shall be audited by the Swiss Federal Audit Office.

Art. 35ater — Originally Art. 35a, then Art. 35abis. Para. 1 — Amended by No I of the FA of 30 Sept. 2016, in force since 1 May 2017 (AS 2017 151; BBl 2016 3089). Para. 2 — Amended by No I of the FA of 19 March 2021, in force since 1 Nov. 2021 (AS 2021 603; BBl 2020 715).

Art. 35aquater Treasury

1 As part of its central treasury management of the ETH Domain, the Federal Finance Administration (FFA) shall manage the group’s cash and cash equivalents received directly or indirectly from the Confederation. The other funds may be invested with the FFA. 2 The FFA shall provide the ETH Domain with loans at market conditions to ensure adequate liquidity enabling the fulfilment of tasks. 3 The FFA and the ETH Board shall agree on the details in a public contract.

Art. 35aquater — Inserted by No I of the FA of 30 Sept. 2016, in force since 1 May 2017 (AS 2017 151; BBl 2016 3089).