Sales abroad: Bundesrat does not want energy systems in “Lex Koller”

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The National Council is expected to debate a proposal from its Commission for the Environment, Spatial Planning and Energy (Urek-N) next week. This requires energy infrastructures to be subject to the law on the acquisition of real estate by persons abroad, the so-called “Lex Koller”.

Federal Council for failure to prevent

The Bundesrat requests the National Council not to consider the proposal and thus to reject it. According to his statement published on Friday, he does not consider the “Lex Koller” suitable for securing the energy supply. He also has questions about the guarantee of property and economic freedom.

According to the Federal Council, the “Lex Koller” only regulates the purchase of land with the aim of preventing the sale of land. The approval process is regulated at the cantonal level. For the sake of clarity and legal certainty, the “Lex Koller” should not be modified.

With the entry, Urek-N wants to protect strategic energy infrastructures from scrutiny by foreign investors. From the view of the majority of the Commission, there is a fundamental public interest in ensuring that key energy infrastructure does not fall into foreign hands.

Sale only under conditions

The majority of Urek-N wants to allow the sale abroad of hydroelectric power plants, pipelines for the transport of gaseous combustibles or fuels, nuclear power plants and the electricity grid only under strictly defined conditions. Investments from abroad that do not result in the investor obtaining a dominant position in the company must also continue to be allowed according to the will of the majority.

The minority reject the bill in principle because they see it as a problematic encroachment on economic freedom. The minority also argues that Switzerland depends on foreign investors to strengthen its security of supply.

The committee approved its proposal at the end of March by a vote of 15 to 8. This rural councillor, Jacqueline Badran (61, SP), initiated a parliamentary initiative that the responsible committees of both councils had approved.

State property

During the consultation, critics of the bill also claimed that 90 percent of the electricity infrastructure already belonged to the public. The Federal Council reasons in the same way. If the energy infrastructure owned by the public sector is sold, a political decision is needed anyway.

The Bundesrat also examines the legal basis for investment control on behalf of Parliament. That would help protect energy infrastructure, he writes. However, it was only recently that he decided to thoroughly revise the design due to the skepticism that was expressed. (SDA)

Source:Blick