English is not an official language of the Swiss Confederation. This translation is provided for information purposes only, has no legal force and may not be relied on in legal proceedings.
Section 1 Structure of the Federal Administration
Amended by No I of the O of 30 June 2010, in force since 1 Aug. 2010 (AS 2010 3175).
Art. 6 Principles
(Art. 8 para. 1 GAOA) 1 The Federal Administration is divided into the central and the decentralised administration. 2 Public or private entities that have been created by statute and predominantly provide services of a monopolistic nature or perform economic or security supervisory tasks fall within the scope of the decentralised federal administration. 3 External providers of administrative tasks within the meaning of Article 2 paragraph 4 GAOA that predominantly provide services on the market are not part of the Federal Administration’s. This also applies to private law entities which the Confederation supports with financial assistance or contributions under Article 3 of the Subsidies Act of 5 October 1990 or in which it holds a minority interest.
Para. 3 — SR 616.1
Art. 7 Central Federal Administration
(Art. 2 par. 1 and 2 as well as Art. 43 and 44 GAOA) 1 The Central Federal Administration comprises: a. the departments and the Federal Chancellery; b. the general secretariats of the departments and their other subdivisions; c. the groups; d. the federal offices and their subdivisions. 2 Administrative units in accordance with paragraph 1 letters c and d may also have other names. 3 The administrative units listed in paragraph 1 letters b-d shall be subordinate to a department. They are bound by the department’s directives. 4 Federal offices may be combined into groups if this improves the manageability of the department.
Para. 1 let. d — Amended by Annex No 1 of the O of 14 Oct. 2015 (Optimisation of the New Accounting Model and New Management Model for the Federal Administration), in force since 1 Jan. 2016 (AS 2015 4019).
Art. 7a Decentralised Federal Administration
(Art. 2 para. 3 GAOA) 1 The Decentralised Federal Administration comprises the following four categories of administrative units: a. the extra-parliamentary commissions pursuant to Article 57a GAOA; b. the administrative units that are organisationally independent by law that do not have legal personality; c. the legally independent public corporations and foundations as well as institutions established by statute, unless they predominantly provide services on the market; d. companies limited by shares which the Confederation controls in terms of capital and voting rights, unless they predominantly provide services on the market. 2 The administrative units in accordance with paragraph 1 letters a and b are not bound by directives in the performance of their duties unless the law provides otherwise.
Art. 7b Allocation of the decentralised units
The administrative units of the Decentralised Federal Administration are by law: a. affiliated to the Federal Chancellery or one of the departments; and b. assigned to a category in accordance with Article 7a paragraph 1.
Art. 8 Lists of units
1 Annex 1 contains an exhaustive list including the affiliated department of: a. the administrative units of the Central Federal Administration, but not including the further subdivisions of the federal offices; b. the administrative units of the Decentralised Federal Administration, with the exception of the extra-parliamentary commissions. 2 Annex 2 contains an exhaustive list of the extra-parliamentary commissions and their affiliated departments.
Section 1a Extra-Parliamentary Commissions
Inserted by No I of the O of 26 Nov. 2008, in force since 1 Jan. 2009 (AS 2008 5949).
Art. 8a Administrative and executive commissions
1 Extra-parliamentary commissions are either administrative or executive commissions, depending on their function. 2 Administrative commissions have advisory and preparatory functions. 3 Executive commissions have decision-making powers.
Art. 8b Requirements for election
1 Any person who fulfils the requirements for employment in the Federal Administration may be elected as a member of an extra-parliamentary commission. 2 There is no age restriction for election.
Para. 2 — Inserted by No I of the O of 27 June 2012, in force since 1 Aug. 2012 (AS 2012 3819).
Art. 8c Gender representation
1 At least of the members of an extra-parliamentary commission must be women, and at least 40 per cent must be men. In the longer term, equal representation of both genders should be aimed for. 2 If the proportion of women or men is less than 40 per cent, the Federal Chancellery shall request the department concerned to provide written justification.
Art. 8c — Amended by No I 1 of the O of 9 Dec. 2022 on the Adaptation of Ordinances as a Result of the 2022 Review of the Extra-Parliamentary Commissions, in force since 1 Jan. 2023 (AS 2022 842).
Art. 8cbis Representation of the language communities
1 As far as possible, German, French and Italian speakers must be represented in the extra-parliamentary commissions. At least one Romansh-speaking person should be sought. 2 If German, French and Italian are not represented by at least one person, the Federal Chancellery shall request the department concerned to provide written justification.
Art. 8cbis — Inserted by Annex No II 2 of the Language Ordinance of 4 June 2010, in force since 1 July 2010 (AS 2010 2653).
Art. 8d Exceeding the legal maximum number of members
1 Exceeding the statutory maximum number of members of extra-parliamentary commissions is only permitted in exceptional cases and must be justified. 2 An excess number of members is justified in particular if: a. two or more commissions are merged; b. a balanced composition is only possible with a higher number of members; c. because of the importance of the police field for which the commission is responsible, a broader inclusion of different points of view is required.
Art. 8e Establishment order
1 Extra-parliamentary commissions shall be established by order of the Federal Council. 2 The establishment order shall have the following in particular as content: a. It justifies the need for the commission and describes its tasks in detail. b. ... c. It states the number of members and, if applicable, the reasons for exceeding the legal maximum number of members. d. ... e. It regulates how the commission is organised. f. It regulates reporting procedures and the provision of information to the public. g. It regulates the duty of confidentiality. gbis. It specifies the remuneration category to which the commission belongs in accordance with Articles 8n and 8p and Annex 2. h. It determines the rights to use any copyright-protected works and processes that may be produced. i. If necessary, it regulates the relations of the commission with cantons, parties and other organisations. j. It assigns the commission to the competent authority (a department or the Federal Chancellery) and desig
Para. 2 let. b — Repealed by No I of the O of 27 June 2012, with effect from 1 Aug. 2012 (AS 2012 3819). Para. 2 let. c — Amended by No I of the O of 27 June 2012, in force since 1 Aug. 2012 (AS 2012 3819). Para. 2 let. d — Repealed by No I of the O of 27 June 2012, with effect from 1 Aug. 2012 (AS 2012 3819). Para. 2 let. gbis — Inserted by No I of the O of 30 June 2010, in force since 1 Aug. 2010 (AS 2010 3175). Para. 2 let. j — Amended by No I of the O of 27 Nov. 2009, in force since 1 Jan. 2
Art. 8ebis Election of members
The Federal Council shall elect the members. It shall determine their function insofar as this is not indicated by provisions in specific legislation on the organisation of the commission concerned.
Art. 8ebis — Inserted by No I of the O of 27 June 2012, in force since 1 Aug. 2012 (AS 2012 3819).
Art. 8eter Waiting period for members of commissions entrusted with supervisory and regulatory tasks
1 The Federal Council may set a waiting period in its decision electing members of commissions entrusted with supervisory and regulatory tasks if it is to be expected that the immediate appointment of a member after leaving the commission to a position with employers or clients in the area supervised or regulated will lead to a conflict of interest. 2 A conflict of interest exists in particular if: a. the credibility and reputation of the commission or the Confederation may be adversely affected by the appointment; b. a commission member has influence over individual decisions or access to information in such a way that he or she would no longer appear to be impartial if he or she worked for an employer or client in the regulated or supervised sector. 3 The duration of the waiting period shall be a minimum of six and a maximum of twelve months. 4 Compensation may be stipulated for the waiting period. It shall correspond to in the financial loss to be expected in the individual case but
Art. 8eter — Inserted by No I 1 of the Waiting Period Ordinance of 25 Nov. 2015, in force since 1 Jan. 2016 (AS 2015 5019).
Art. 8f Disclosure of interests
1 Each member of the Commission shall provide information on his: a. professional activities; b. activities in management and supervisory bodies and on advisory boards and similar bodies of Swiss and foreign private and public corporations, institutions and foundations; c. advisory or expert activities for federal bodies; d. permanent management or advisory activities for Swiss and foreign interest groups; e. participation in other federal organs. 2 Professional secrecy in terms of the Criminal Code remains reserved. 3 Members of commissions shall immediately notify the department concerned of any change in their interests during the term of office. The department shall update the list in accordance with Article 8k. 4 Members of commissions who have not fully disclosed their interests at the time of election or who have not reported changes to their interests during the term of office and who fail to do so even after being requested to do so by the competent authority may be removed.
Art. 8f — See also para. 2 of the transitional provision to the amendment of 26 Nov. 2008 at the end of this text. Para. 2 — SR 311.0 Para. 3 — Amended by No I 8.1 of the O of 9 Nov. 2011 (Review of the Extra-Parliamentary Commissions), in force since 1 Jan. 2012 (AS 2011 5227). Para. 4 — Inserted by No I of the O of 27 June 2012, in force since 1 Aug. 2012 (AS 2012 3819).
Art. 8fbis Use of internal information
1 Commission members may use information that is not publicly known that they obtain in the course of their commission activities only for their commission activities. 2 In particular, they may not use information under paragraph 1 to gain an advantage for themselves or others.
Art. 8fbis — Inserted by No I of the O of 19 Dec. 2012, in force since 1 Feb. 2013 (AS 2013 205).
Art. 8g Term of office
1 The term of office of members of extra-parliamentary commissions shall be four years. It is based on the legislature period of the National Council. It begins on 1 January und ends on 31 December. 2 The mandate of members elected during the term of office shall end on its expiry.
Para. 1 — Amended by No I of the O of 27 June 2012, in force since 1 Aug. 2012 (AS 2012 3819).
Art. 8h General elections
1 The Federal Council shall hold general elections for each new term of office of the extra-parliamentary commissions. 2 The Federal Chancellery shall coordinate the general elections. It shall issue the corresponding directives for this purpose and shall make them known to the Federal Assembly control committees. 3 After the general elections, the Federal Chancellery shall submit a report to the Federal Council on the composition of the extra-parliamentary commissions for the attention of the Federal Assembly.
Art. 8i Term limit
1 The term of office of members of extra-parliamentary commissions shall be limited to a total of twelve years; it shall end on the expiry of the corresponding calendar year. 2 In justified individual cases, the Federal Council may extend the term of office to a maximum of 16 years. 3 The term limit does not apply to federal employees whose membership is necessary for the performance of their duties or is made mandatory by another enactment.
Art. 8ibis Commission secretariats
1 Each extra-parliamentary commission shall have a secretariat that shall be run by an office in the Central Federal Administration. 2 The head and the other employees of the Secretariat are subject to the federal law on personnel that applies in the Central Federal Administration. 3 Derogating provisions of specific legislation or provisions in the election order shall remain reserved.
Art. 8ibis — Inserted by No I of the O of 19 Dec. 2012, in force since 1 Feb. 2013 (AS 2013 205).
Art. 8iter Provision of information to the public
Commissions that may in terms of their election order communicate without consulting the competent authority shall exercise due restraint when providing the public with information on political issues.
Art. 8iter — Inserted by No I of the O of 5 Dec. 2014, in force since 1 Jan. 2015 (AS 2014 4445).
Section 1b Management Bodies of Federal Organisati
Inserted by No I of the O of 26 Nov. 2008, in force since 1 Jan. 2009 (AS 2008 5949). Amended by No I of the O of 14 Dec. 2018, in force since 1 Feb. 2019 AS 2019 155).
Art. 8j Powers of the Federal Council
1 In accordance with the organisational legislation, the Federal Council shall elect the members of the management bodies of federal public organisations, in particular the members of the management boards of federal institutions. 1bis Where the election is the responsibility of another electoral body or organisational legislation under public or private law provides for the representation of the Confederation on a management body, the Federal Council shall appoint or elect the members of the corresponding management body, in particular the representatives of the Confederation to be elected by the general meeting and the representatives to be appointed in accordance with Articles 762 and 926 of the Code of Obligations. 2 The Federal Council shall draw up a requirements profile for each organisation containing the personal and professional requirements for a representative. It shall exercise its right to elect and appoint on the basis of this requirement profile.
Art. 8j — Inserted by No I of the O of 14 Dec. 2018, in force since 1 Feb. 2019 (AS 2019 155). Para. 1 — Amended by No I of the O of 14 Dec. 2018, in force since 1 Feb. 2019 (AS 2019 155). Para. 1bis — SR 220 Para. 1bis — Inserted by No I of the O of 14 Dec. 2018, in force since 1 Feb. 2019 (AS 2019 155).
Art. 8jbis Waiting period for members of administrative and institutional boards of federal institutions entrusted with supervisory and regulatory duties
1 The Federal Council may set a waiting period in the election resolution for members of administrative and institutional councils of federal institutions entrusted with supervisory and regulatory duties if it is to be expected that the immediate appointment of a member after leaving the administrative and institutional council to a position with employers or clients in the supervised or regulated area will lead to a conflict of interest. 2 A conflict of interest exists in particular if: a. the credibility and reputation of the institution concerned or of the Confederation may be adversely affected by this appointment; b. a council member has influence over individual decisions or access to information in such a way that he or she would no longer appear to be impartial if he or she worked for an employer or client in the regulated or supervised sector. 3 Article 8eter paragraphs 3–6 apply mutatis mutandis.
Art. 8jbis — Inserted by No I 1 of the Waiting Period Ordinance of 25 Nov. 2015, in force since 1 Jan. 2016 (AS 2015 5019).
Section 1c List of Members of Extra-Parliamentary
Inserted by No I of the O of 26 Nov. 2008, in force since 1 Jan. 2009 (AS 2008 5949).
Art. 8k
1 The Federal Chancellery, with the cooperation of the departments, shall publish in electronic form a list of the members of non-parliamentary commissions, the members of the governing bodies of federal organisations and the representatives of the Confederation in organisations under public or private law. 2 The list shall contain the following information on the persons referred to in paragraph 1: a. surname and first name; b. gender; c. mother tongue; d. year of birth; e. title; f. relevant outside interests; g. canton according to correspondence address. 3 … 4 Once the election has been held, the data shall be made available until the person leaves the body concerned. 5 They may be historicised for statistical purposes.
Para. 1 — Amended by No I of the O of 14 Dec. 2018, in force since 1 Feb. 2019 (AS 2019 155). Para. 2 let. f — Amended by No I of the O of 9 Dec. 2016, in force since 1 Jan. 2017 (AS 2016 4813). Para. 2 let. g — Inserted by No I of the O of 9 Dec. 2016, in force since 1 Jan. 2017 (AS 2016 4813). Para. 3 — Repealed by No I of the O of 9 Dec. 2016, with effect from 1 Jan. 2017 (AS 2016 4813).
Section 1d Remuneration of Members of Extra-Parlia
Inserted by No I of the O of 27 Nov. 2009, in force since 1 Jan. 2010 (AS 2009 6137).
Art. 8l Eligible
Any person who has been elected as a member or as a substitute member of an extra-parliamentary commission and who serves on that commission shall be entitled to remuneration in terms of this Section.
Art. 8l — Amended by No I of the O of 19 Dec. 2012, in force since 1 Feb. 2013 (AS 2013 205).
Art. 8m Social policy and market policy commissions
The extra-parliamentary administrative and executive commissions are subdivided in terms of the remuneration of their members into: a. social policy commissions that support the Federal Assembly, the Federal Council and the Federal Administration and deal primarily with social policy issues; b. market policy commissions that supervise or significantly support the functioning of a market.
Art. 8n Remuneration categories of social policy commissions
1 The social policy commissions shall be allocated to the following remuneration categories with regard to the remuneration of their members in accordance with the requirements for the members and with the tasks of the commission: a. Category G3, if the commission’s activities require a high level of specific expertise from its members, namely if the members must be technical authorities in the commission’s field and possess knowledge that cannot be acquired at short notice; b. Category G2, if the commission’s activities require a high level of general expertise from its members and the commission has sovereign decision-making powers; c. Category G1, if the commission’s activities require a high level of general expertise from its members and the commission has advisory tasks. 2 The allocation of the social policy commissions to the compensation categories is regulated in Annex 2 number 1.
Para. 2 — Amended by No I of the O of 30 June 2010, in force since 1 Aug. 2010 (AS 2010 3175).
Art. 8o Remuneration of members of social policy Commissions
1 The members and substitute members of social policy commissions are entitled to a daily allowance for their commission activities. 2 The rates listed in Annex 2 Number 1 apply. These apply to the Vice-President and to the other members. 3 The President shall receive a daily allowance of 25 per cent more. In justified exceptional cases, the competent authority may pay the President a maximum of twice the daily allowance. 3bis If the specific legislation or the establishment order requires a member of a commission to be independent of the industry whose activities fall within the commission’s remit, and if this restricts the member in the exercise of his or her professional activities, the competent authority may: a. increase his or her daily allowance by a maximum of 50 per cent; in the case of the President, a daily allowance that has been increased in accordance with paragraph 3 shall be taken into account; and b. pay the member a lump sum of no more than CHF 30,000 per year in addi
Para. 2 — Amended by No I of the O of 30 June 2010, in force since 1 Aug. 2010 (AS 2010 3175). Para. 3bis let. b — Inserted by No I of the O of 27 June 2012 (AS 2012 3819). Amended by No I of the O of 9 Dec. 2016, in force since 1 Jan. 2017 (AS 2016 4813). Para. 4 — Amended by No I of the O of 19 Dec. 2012, in force since 1 Feb. 2013 (AS 2013 7427).
Art. 8p Remuneration categories for market policy commissions
1 The market policy commissions shall be allocated to the following compensation categories with regard to the compensation of their members depending on the impact of the results of their work: a. Category M3, if the results of the commission’s work have an impact on the national economy as a whole; b. Category M2/A, if the results of the commission’s work have an influence on an entire industry; c. Category M2/B, if the results of the commission’s work have an influence on an entire industry, but the commission only supports the functioning of a market and does not supervise it; d. Category M1, if the results of the commission’s work have an influence on an industrial sector or if the commission performs tasks involving arbitration. 2 The allocation of the market policy commissions to the remuneration categories is regulated in Annex 2 paragraph 2.
Para. 2 — Amended by No I of the O of 30 June 2010, in force since 1 Aug. 2010 (AS 2010 3175).
Art. 8q Remuneration of members of market policy commissions
1 The members of market policy commissions are entitled to lump-sum compensation for their commission activities. 2 The rates listed in Annex 2 number 2 apply. 3 These rates include all costs, with the exception of the reimbursement of expenses. 4 The rates apply to a full-time workload; the basis for calculation is 220 working days per year. In the case of part-time positions, the degree of employment shall be determined in the election resolution, if it is not specified in the regulations on the organisation of the commission concerned. 5 The rates are not adjusted to take account of inflation.
Para. 2 — Amended by No I 1 of the O of 9 Dec. 2022 on the Adaptation of Ordinances as a Result of the 2022 Review of the Extra-Parliamentary Commissions, in force since 1 Jan. 2024 (AS 2022 842). Para. 4 — Amended by No I of the O of 27 June 2012, in force since 1 Aug. 2012 (AS 2012 3819).
Art. 8r Reimbursement of expenses
1 The reimbursement of expenses for members and substitute members of extra-parliamentary commissions shall be governed by the corresponding provisions for federal staff. 2 Members who are required to take special organisational measures to look after children or relatives in need of care in order to work for the commission may apply to the competent authority for reimbursement of their expenses.
Para. 2 — Inserted by No I of the O of 19 Dec. 2012, in force since 1 Feb. 2013 (AS 2013 205).
Art. 8s Commissioners in the Federal Service
1 Members and substitute members of extra-parliamentary commissions who are in an employment relationship with the Central or Decentralised Federal Administration are not entitled to remuneration. 2 The competent authority may grant exceptions if membership of the commission is not connected with employment with the Central or Decentralised Federal Administration. 3 Remuneration for business trips, meals and overnight stays shall be in accordance with the provisions applicable to such members.
Art. 8t Exclusion of double remuneration
Members of extra-parliamentary commissions may only be remunerated at the rates applicable to their commission. Additional remuneration for activities related to the mandate of the Commission shall be excluded.
Section 2 …
Art. 9–10c
Repealed by Annex No 1 of the O of 14 Oct. 2015 (Optimisation New Accounting Model and New Management Model for the Federal Administration), with effect from 1 Jan. 2016 (AS 2015 4019).