Article on the protection of the Alps

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Protecting the Alps

In 1994, visionary mountain dwellers convinced the Swiss people to protect the Alps from transit traffic. Since then, it has not been permitted to increase the capacity of transalpine roads. Instead, transalpine freight traffic must be transported by rail. The infrastructure is available.

Constitutional and legal foundations of our work

  • Article on the Protection of the Alps

    The Article on the Protection of the Alps was adopted by the Swiss people in a referendum on 20 February 1994 and is therefore now part of the Swiss constitution. The founders of the Alpine Initiative have formulated the constitutional text as an objective only. It is up to the Federal Council (the Swiss cabinet) and the Swiss parliament to take measures to implement the text. They stipulated the implementation of the ban on the increase in road capacity in a law on transiting road traffic. The transfer of freight traffic rom road to rail is to be achieved by a collection of different measures.

    The text of the article on the protection of the Alps in the constitution of the Swiss Confederation:

    Art. 84 Alpine Transit*

    (1) The Confederation shall protect the alpine regions from the negative effects of transit traffic. It shall limit the nuisances caused by such traffic to a level which is harmful neither to people, animals and plants, nor to their environment.

    (2) Transalpine freight in border-to-border transit shall be carried by rail. The Federal Council shall take the necessary measures. Exceptions are only permitted if they are unavoidable. They must also be specified by a law.

    (3) The capacity of transit roads in the alpine regions may not be increased. Bypasses to relieve the pressure of through transit traffic in towns and villages are excluded from this provision.

    Art. 196 Transitional provisions in terms of the Federal Decree of 18 December 1998 on a new Federal Constitution

    1. Transitional provision to Art. 84 (Transalpine transit traffic)

    The transfer of freight transit traffic from road to rail must be completed ten years after the adoption of the popular initiative for the protection of the alpine regions from transit traffic.

    * Article 36.6 of 1994 was renumbered in 1998 in the new constitution of the Swiss confederation and became article 84. The issuing of legally binding acts in the form of ordinances is now provided for all legislating decisions of the Federal Council in article 182, paragraph 1 of the Swiss constitution and is therefore no longer mentioned in the Article on the Protection of the Alps.

  • Kilometre-based tax on heavy goods vehicles

    The Swiss people adopted the constitutional article on the kilometre-based tax on heavy goods vehicles (HGVs) on the same day as the Alpine Initiative. Because there was a referendum against the law adopted by Swiss parliament on the basis of this article, the people had to vote once again in 1998, when it adopted the law with a clear majority. The kilometre-based tax on HGVs is levied on all roads and varies according to the gross vehicle weight rating and the emission category of the vehicles. With a few exceptions, it has to be paid by all Swiss and foreign freight vehicles above 3.5 t gross vehicle weight rating. The tariff amounts to 3 Swiss centimes (approx. €0.02) per ton-kilometre, i.e. a maximum of 1.2 Swiss francs (approx. €0.80) per kilometre for a 40-ton lorry. This is to pay for uncovered infrastructure costs and external costs (noise, health, accidents, and damage to buildings). The kilometre-based tax on HGVs came into force on 1 January 2001. The tariff is being increased gradually. The details are regulated in a decree.

  • New rail link through the Alps (NRLA or Alptransit)

    The Swiss people adopted the NRLA in 1992, independently of the article on the protection of the Alps. It consists of the St. Gotthard (57 km, completion ca. 2014), and the Lötschberg base tunnels (Simplon axis, 34 km, completion 2007), the Ceneri base tunnel and the Zimmerberg tunnel. Shortly after the adoption of the NRLA by the people it became clear that the financing of these could not simply be left to their ultimate users. The decision on the building and financing of infrastructure projects in public transport, or FPT (3rd interim regulation), regulates the financing of the NRLA, Rail 2000, the connection to the high-speed network of neighbouring countries and noise protection along railway lines. The fund is to be fed by two thirds of the revenues of the kilometre-based HGV tax, the tax on petrol, VAT and credits from the capital market. The NRLA is to make rail transport more efficient and attractive (shorter distances, fewer gradients and thus no change of engines mid-way, longer trains, etc.).

  • The land transport agreement with the European Union

    After the Swiss people rejected accession to the EEA, Switzerland and the EU negotiated seven bilateral agreements which were adopted by the Swiss people in 2000. In the land transport agreement, l’Unione europea ha riconosciuto i principi della politica svizzera dei tras, the EU in principle accepts Swiss transport policy (kilometre-based HGV tax, night and Sunday ban on road freight transport, etc.) and declares its support for a progressive introduction of true costs in transport and the promotion of freight transport by rail. The EU has negotiated the replacement of the 28 ton weight limit for lorries by a 40 ton limit in exchange for its acceptance of the kilometre-based HGV tax. The amount of the HGV tax was limited. This means that it cannot be increased to 3 centimes/ton-kilometre, as allowed by Swiss legislation, but only to 2.7 centimes. The idea of an additional Alpine transit tax, as planned in the implementation strategy of the Federal Council can no longer be implemented. This is why the Swiss parliament adopted supporting measures in the form of a Traffic Transfer Act and a block credit for the promotion of rail freight transport.

  • Traffic Transfer Act

    The law adopted in 1999 defines, for the first time, the number of lorries allowed to cross Switzerland: In the first two years after the enforcement of the land transport agreement, the number of transalpine lorries is to be stabilised at the level of 2000. It is then to be reduced to 650,000 lorries a year by two years after the opening of the Lötschberg rail base tunnel, i.e. by 2009. In 2000, 1.4 million trips were registered. An additional means for the transfer from road to rail is to be a stricter control of freight traffic. The night ban is now laid down in a law instead of a decree.

  • Resources for the promotion of rail freight transport

    he decree provides 2.85 billion Swiss francs for the promotion of rail freight transport within a period of 11 years. These funds are used to subsidise user tariffs for railway lines and non-economically viable offers of combined transport. Contributions to the construction of terminals in Switzerland and abroad are financed from other sources. The framework credit will be discontinued when the kilometre-based HGV tax can be levied at its maximum level and the Lötschberg base tunnel is completed.

  • Freight traffic controls

    Controls on heavy goods vehicle traffic (dimensions and weight, driving and rest periods, state of the vehicle, etc.) are to be intensified as part of the Traffic Transfer Act. To achieve this goal, a whole network of competence centres is to be created along national roads. The first centre was opened in Stans in March 2002.

  • Monitoring of supporting measures – MSM

    The Federal Department of Environment, Transport, Energy and Communications (DETEC) is tasked with controlling the implementation of the Traffic Transfer Act and the efficiency of the supporting measures on road and rail. The monitoring project continually analyses and supplements the available databases under the overall control of the Federal Office of Transport (FOT). The coordination and processing of the data has been entrusted to the Federal Office for Spatial Development (ARE). Detailed monitoring of road and rail transport – in particular as regards transalpine freight transport – provides indications on the effectiveness of the measures taken. Every month, the current trends are published in the “Monatsinfo”, a briefing in German. Every two years a “report on the transfer of traffic” is drawn up for the two chambers of Swiss parliament. It will assess the middle- and long-term trends with regard to the transfer objective. In parallel, the effects of the transfer policy on the environment are to be recorded by means of the environmental monitoring of supporting measures programme (MFM-U).

  • Railways reform

    The operation of railways is to be reformed in line with EU directives. The first step came into force in 1999. The objective is to strengthen railways by means of separating economic and political responsibility, free network access, transparent financing (including separating the infrastructure and operation of their accounts and their organisation), a commissioning principle for railway lines and the liberalisation of transport.

  • Regulating freight transport

    Since the reopening of the St. Gotthard road tunnel after the catastrophic fire on 24 October 2001, freight transport has been regulated at both the St. Gotthard and San Bernardino road tunnels. At first, lorries at the St. Gotthard were only admitted into the tunnel one side at a time (alternating one-way traffic). Since autumn 2002 they have again been allowed to drive both ways at once (two-way traffic). The number of vehicles, however, is limited. Per hour and direction, no more than 1000 units are allowed to travel through the tunnel. Lorries count as three units and private cars as one unit, with private cars having priority. Per minute and direction, a maximum of two lorries are to drive through the tunnel.

  • Alpine Crossing Exchange

    It is obvious that the adopted measures are not enough to achieve a transfer from road to rail within the mandatory deadline. Moreover, the current system of regulation necessarily leads to undesirable tailbacks of lorries, which then have to be parked somewhere. This problem is to be solved with a reservation system. The reservation system can be seen as a preliminary step towards an Alpine Crossing Exchange. This tool, which was proposed by the Alpine Initiative, is intended to reduce road freight transport to a level which is acceptable for humans and nature. Politicians only have to define the desired amount of traffic for the individual mountain passes. The rest should be taken care of by the market. The permitted trips are to be sold to the highest bidders on an internet-based stock market on a daily basis. Only those who can provide a transit permit are allowed to use the corresponding Alpine routes with their lorries. The price for a permit will not grow infinitely, but will settle at a level which is close to that of rail transport. As soon as the price gets higher it is cheaper to use rail. The Alpine Crossing Exchange can be used as fine control instrument in addition to the kilometre tax for heavy goods vehicles, a toll or a tunnel charge, and it can be implemented in all the countries affected. Because bidding is carried out via the Internet, everybody can take part and there is no discrimination.

  • Doubling of the St. Gotthard road tunnel

    On 28 Februar 2016, Swiss voters clearly approved the renovation of the Gotthard road tunnel, or rather the construction of a second bore for cars and trucks, with 57% of the vote.