Commentaries: Art. 7a

The Federal Council may conclude, amend or withdraw from treaties under international law at its own behest in as far as it is authorised to do so by a federal act or by an international treaty approved by the Federal Assembly. Authorisation to conclude an international treaty includes authorisation to amend or withdraw from it.¹ 1bis. It may withdraw from an international treaty at its own behest in as far as the Federal Constitution provides for withdrawal.²
It may conclude international treaties of limited scope at its own behest. It may likewise independently make amendments of limited scope to treaties or withdraw from international treaties of limited scope.³
International treaties or amendments of limited scope are those that:⁴
1. do not create new obligations for Switzerland and do not constitute a waiver of existing rights;
2. serve to implement treaties approved by the Federal Assembly and simply provide more detail on rights, obligations or organisational principles that are already set out in the main treaty;
3. primarily concern the authorities and involve technical administrative issues.⁵
International treaties or amendments of limited scope do not include those that:⁶
1. meet any of the requirements for an optional referendum on an international treaty under Article 141 paragraph 1 letter d of the Federal Constitution;
2. contain provisions on matters the regulation of which falls solely under cantonal jurisdiction;
3. cause non-recurring expenditure exceeding five million francs or recurring expenditure of more than two million francs per year.⁷

Amended by No I 2 of the FA of 21 June 2019 on the Authority to Conclude, Amend or Withdraw from International Treaties, in force since 2 Dec. 2019 (AS 2019 3119;BBl 2018 34715315). ↩
Inserted by No I 1 of the FA of 21 June 2019 on the Authority to Conclude, Amend or Withdraw from International Treaties, in force since 2 Dec. 2019 (AS 2019 3119;BBl 2018 34715315). ↩
Amended by No I 2 of the FA of 21 June 2019 on the Authority to Conclude, Amend or Withdraw from International Treaties, in force since 2 Dec. 2019 (AS 2019 3119;BBl 2018 34715315). ↩
Amended by No I 2 of the FA of 21 June 2019 on the Authority to Conclude, Amend or Withdraw from International Treaties, in force since 2 Dec. 2019 (AS 2019 3119;BBl 2018 34715315). ↩
Inserted by No I 1 of the FA of 26 Sept. 2014 on the Power to conclude International Treaties of Limited Scope and the Provisional Application of International Treaties, in force since 1 May 2015 (AS 2015 969;BBl 2012 7465). ↩
Amended by No I 2 of the FA of 21 June 2019 on the Authority to Conclude, Amend or Withdraw from International Treaties, in force since 2 Dec. 2019 (AS 2019 3119;BBl 2018 34715315). ↩
Inserted by No I 1 of the FA of 26 Sept. 2014 on the Power to conclude International Treaties of Limited Scope and the Provisional Application of International Treaties, in force since 1 May 2015 (AS 2015 969;BBl 2012 7465). ↩

Art. 7a

Footnotes

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