Loi fédérale sur les bases légales des ordonnances du Conseil fédéral visant à surmonter l’épidémie de COVID-19 (2020-09-26)

Publication Date25 sept. 2020

(COVID-19 Act)

of 25 September 2020 (Status as of 26 September 2020)

The Federal Assembly of the Swiss Confederation,

on the basis of Articles 68 paragraph 1, 69 paragraph 2, 92, 93, 101 paragraph 2, 102, 113, 114 paragraph 1, 117 paragraph 1, 118 paragraph 2 letter b, 121 paragraph 1, 122, 123 and 133 of the Federal Constitution1, and having considered the Federal Council dispatch dated 12 August 20202,


Art. 1 Subject matter and principles

1 This Act regulates special powers of the Federal Council to combat the COVID-19 epidemic and to respond to the effects of the measures to combat the disease on society, the economy and the public sector.

2 The Federal Council shall use these powers only to the extent that they are required to respond to the COVID-19 epidemic. In particular, it shall not use these powers if the same objective can be achieved using regular or emergency legislative procedures.

3 It shall consult the cantons and the umbrella organisations for the social partners when drawing up measures that relate to their responsibilities.

4 It shall inform Parliament regularly, in good time and comprehensively about the implementation of this Act. It shall consult the relevant committees beforehand about planned ordinances and amendments to ordinances.

5 In emergency cases the Federal Council shall inform the presidents of the relevant committees. They shall inform their committees without delay.

6 When ordering measures, the Federal Council and the cantons shall be guided by any available data, comparable with regard to time and the regions concerned, that indicate that the healthcare system is in danger of becoming overburdened, the mortality rate is increasing or the disease is becoming more virulent.

Art. 2 Measures relating to political rights

1 In order to support the democratic process, the Federal Council may require requests for a referendum to be submitted to the Federal Chancellery within the deadline for requesting a referendum with the required number signatures, but without the certificate of eligibility to vote.

2 If necessary, the Federal Chancellery shall send the signature lists to the office that is responsible under cantonal law for the certificate of eligibility to vote.

Art. 3 Measures relating to healthcare provision

1 The Federal Council may require manufacturers, distributors, laboratories, healthcare facilities and other cantonal facilities to report their stocks of therapeutic products, protective equipment and other medical goods required for healthcare provision (essential medical goods).

2 In order to guarantee a sufficient supply of essential medical goods for the public, it may:

a.provide for exceptions to the provisions on the import of essential medical goods;b.provide for exceptions to the requirement of authorisation for activities in connection with essential medical goods or adapt the licensing requirements;c.provide for exceptions to the requirement of authorisation for medicinal products or adapt the authorisation requirements or authorisation procedure;d.provide for exceptions to the provisions on the conformity assessment of medical devices and the provisions on the conformity assessment procedure and the placing on the market of protective equipment;e.procure essential medical goods itself; in this case, it shall regulate the funding of procurement and the repayment of the costs by the cantons and facilities to which the goods are supplied;f.provide for the allocation, delivery and distribution of essential medical goods;g.provide for the direct marketing of essential medical goods;h.order the requisitioning of essential medical goods in return for compensation;i.require manufacturers to produce essential medical goods, to prioritise the production of such goods or to increase production volumes; the Confederation shall compensate manufacturers if they suffer financial disadvantages as a result of changes in production.

3 It shall take the measures under paragraph 2 letters e, f, h and i only if supplies cannot be guaranteed by the cantons and the private sector alone.

4 In order to guarantee the capacities required to treat COVID-19 cases and to carry out other urgently required medical tests and treatments, it may authorise the cantons:

a.to prohibit or restrict non-urgent medical tests and treatment;b.to take further measures to guarantee the capacities required.

5 It may regulate the payment of the costs of COVID-19 tests.

Art. 4 Measures relating to employee protection

1 The Federal Council may order measures to protect employees at high risk and may in particular impose obligations on employers related to this. If an employee must temporarily stop working because of an official measure and the employer is required to continue paying the employee’s salary, the employer has an equivalent right to a reimbursement of the salary paid in accordance with Article 15.

2 If the Federal Council takes measures under paragraph 1, it shall provide that the implementing bodies under the Employment Act of 13 March 19641 and the Swiss National Accident Insurance Fund (Suva) are responsible for implementation and that the implementation costs incurred are financed from the premium surcharge for the prevention of occupational accidents and occupational illnesses under Article 87 of the Federal Act of 20 March 19812 on Accident Insurance.

1 SR 822.11
2 SR 832.20

Art. 5 Measures relating to foreign nationals and asylum

The Federal Council may introduce derogations from the Foreign Nationals and Integration Act of 16 December 20051 (FNIA) and from the Asylum Act of 26 June 19982 (AsylA) on:

a.restricting the entry of foreign nationals and their admission to stay in Switzerland, with the exception of family reunification in accordance with Articles 42–45 FNIA and the entry into Switzerland of unmarried partners and their children;b.extending statutory deadlines for: 1.family reunification (Art. 47 FNIA),2.the expiry of short stay, residence and permanent residence permits (Art. 61 FNIA),3.the updating of biometric data in identification documents (Art. 59b and 102a FNIA),4.departure (Art. 45 para. 2 AsylA and Art. 64d FNIA),5.the expiry of asylum (Art. 64 AsylA),6.the expiry of temporary admission (Art. 84 para. 4 FNIA);c.accommodating asylum seekers in federal centres and conducting asylum and removal procedures; in doing so it shall take appropriate...

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