Land Transport
Source: Dispatch on the Bilateral III package, Chapter 2.5 (pp. 492-530)
Dispatch PDF
¶ Summary
The Land Transport Agreement (LTA) has governed road and rail transport between Switzerland and the EU since 1999/2002. It is a central element of Switzerland's modal shift policy and secures the framework conditions for transalpine freight transport. Within the Bilateral III package, the LTA is institutionally anchored and partially updated -- the negotiating mandate was fully fulfilled and in parts exceeded.
Switzerland was able to impose five explicit exceptions to the dynamic adoption of law and secure all existing transport policy achievements: the 40-tonne limit, the ban on road cabotage, the night and Sunday driving ban, and the LSVA heavy vehicle fee.
¶ Rail Passenger Market Opening
¶ Controlled Opening on Swiss Terms
The opening of the rail passenger market takes place in a controlled manner and on Swiss terms. Switzerland has ensured that its proven instruments -- regular-interval timetable, fare integration and network utilisation concept -- remain fully protected.
¶ The 5 Exceptions to Dynamic Adoption of Law
Switzerland has anchored five central exceptions in Art. 24a LTA:
| No. | Exception | Significance |
|---|---|---|
| 1 | Fare integration in public transport | GA travelcard, Half Fare and zone passes remain possible without restriction |
| 2 | Priority of the regular-interval timetable | The integrated regular-interval timetable takes precedence over Open Access |
| 3 | Swiss capacity assurance (NUC/NUP) | Network utilisation concept and network utilisation plans remain valid |
| 4 | Social standards non-discriminatory | Swiss working and social conditions apply to all operators |
| 5 | Award of public service obligations | Cantons retain ordering competence in regional transport |
¶ Secured Achievements in Road Transport
All central instruments of Swiss road transport policy remain unchanged:
¶ Unchanged Framework
- 40-tonne limit: the weight limit for lorries remains at 40 tonnes (EU: 44 tonnes on certain routes)
- Cabotage ban: foreign transport operators may not carry out domestic transport within Switzerland
- Night and Sunday driving ban: driving ban for heavy goods vehicles between 22:00 and 05:00 as well as on Sundays and public holidays
- No increase in road capacity: no expansion of road capacity for transalpine freight transport
¶ LSVA -- Performance-Related Heavy Vehicle Fee
The LSVA is now formulated in a technology-neutral manner in the LTA. Instead of the current calculation by EURO emission categories, an emissions-based differentiation is made possible. This allows Switzerland to configure the LSVA appropriately for new propulsion technologies (electric, hydrogen).
¶ State Aid Protocol (Land Transport)
The state aid protocol of the LTA has a narrowly defined scope:
| Aspect | Regulation |
|---|---|
| Scope | Only areas of the Land Transport Agreement |
| Public service | Excluded -- public transport is not covered |
| Railway infrastructure | Not covered -- investments in rail remain Switzerland's affair |
| Modal shift policy | Not affected -- NRLA, LSVA etc. remain autonomous |
¶ Institutional Anchoring
¶ IP-LTA
The institutional protocol of the LTA comprises:
- Dynamic adoption of law with the 5 anchored exceptions
- Dispute settlement through arbitration proceedings
- Surveillance of compliance by both sides
- Joint Committee as the first consultation body
¶ Amendment Protocol (AP-LTA)
The amendment protocol integrates the institutional provisions into the existing LTA and updates technical annexes.
¶ Consultation
The consultation yielded 93 submissions:
| Position | Share | Key actors |
|---|---|---|
| In favour | 71% | Cantons, SBB, VoeV, shippers, FDP, The Centre, SP, GLP |
| Against | 11% | SVP, individual transport associations |
| No clear position | 18% | Various |
Central concerns of supporters:
- Protection of the regular-interval timetable was rated as particularly important
- Safeguarding the modal shift policy
- Social standards for all rail operators
¶ Impact
¶ For Switzerland
- Legal certainty: clear rules for the bilateral transport market
- Investment protection: existing investments in rail and NRLA secured
- Modal shift policy strengthened: LSVA, night/Sunday ban and 40-tonne limit permanently secured
- Regular-interval timetable protected: the integrated regular-interval timetable retains its priority
¶ For Rail Transport
- Controlled opening enables more competition on certain routes
- Swiss social standards apply to all operators
- Cantons retain ordering competence in regional transport
- GA travelcard and Half Fare not endangered
¶ Key Points
| Topic | Detail |
|---|---|
| Agreement | LTA -- Land Transport Agreement |
| In force since | 1999/2002 (Bilateral I) |
| Negotiating mandate | Fully fulfilled, in parts exceeded |
| Exceptions to adoption of law | 5 explicit exceptions in Art. 24a |
| Regular-interval timetable | Priority secured |
| 40-tonne limit | Unchanged |
| Road cabotage | Still prohibited |
| LSVA | Reformulated in a technology-neutral manner |
| Night/Sunday ban | Unchanged |
| State aid protocol | Only LTA area, public service excluded |
| Consultation | 71% in favour (of 93 submissions) |
| Core result | Legal certainty and modal shift policy strengthened |
¶ Sources
- Dispatch on the package for the stabilisation and further development of the bilateral path (Bilateral III), Chapter 2.5, pp. 492-530. Fedlex PDF
- Land Transport Agreement Switzerland-EU (SR 0.740.72)
- Federal Act on the Shift of Transalpine Freight Transit from Road to Rail (Freight Transport Shift Act, FTSA)
- Federal Act on the Performance-Related Heavy Vehicle Fee (HFVA)