text: 363English is not an official language of the Swiss Confederation. This translation is provided for information purposes only, has no legal force and may not be relied on in legal proceedings.Federal Act on the Use of DNA Profiles in Criminal Proceedings and for Identifying Unidentified or Missing Persons(DNA Profiles Act)of 20 June 2003 (Status as of 1 October 2016)The Federal Assembly of the Swiss Confederation,on the basis of Articles 119 and 123 paragraph 1 of the Federal Constitution1,and having considered the Federal Council Dispatch dated 8 November 20002,decrees:1 SR 1012 BBl 2001 29Section 1 General Provisions  Art. 1 Subject matter and purpose  1 This Act regulates:a.the use of DNA profiles in criminal proceedings;b.the processing of DNA profiles in a federal information system;c.the use of DNA profiling to identify unidentified, missing or deceased persons outside of criminal proceedings.32 The main purpose of this Act is to improve the efficiency of criminal prosecution procedures, in particular:a.by using DNA profiling:1.to identify suspects and exonerate other persons from suspicion,2.to detect more rapidly links between criminal offences and thus identify, in particular, criminal groups operating on an organised basis as well as serial and repeat offenders, by systematically evaluating biological material,3.to facilitate the establishment of the facts;b.by enabling DNA profiling within the scope of mutual assistance and administrative assistance in police matters.3 ...43 Amended by Annex No 3 of the Juvenile Criminal Procedure Code of 20 March 2009, in force since 1 Jan. 2011 (AS 2010 1573; BBl 2006 1085, 2008 3121).4 Repealed by Annex No 3 of the Juvenile Criminal Procedure Code of 20 March 2009,  with effect from 1 Jan. 2011 (AS 2010 1573; BBl 2006 1085, 2008 3121).Art. 1a5 Scope of application  If the prosecution or adjudication of an offence is regulated by the Criminal Procedure Code of 5 October 20076, the provisions in Section 2 of this Act relating to criminal procedure do not apply.5 Inserted by Annex No 3 of the Juvenile Criminal Procedure Code of 20 March 2009, in force since 1 Jan. 2011 (AS 2010 1573; BBl 2006 1085, 2008 3121).6 SR 312.0Art. 2 DNA profile and use  1 A DNA profile is a combination of letters and numbers unique to an individual that is obtained from the non-coding parts of DNA genetic material with the help of molecular biology techniques.2 DNA analysis may only be used to determine the gender of the person concerned; it may not be used to determine their health or other personal characteristics. 3 A DNA profile and its underlying analysis material may not be used for any purposes other than those provided for under this Act (Art. 1). Section 2 Taking Samples and DNA Analysis  Art. 3 Taking samples and DNA analysis in criminal proceedings  1 To investigate a felony or a misdemeanour, a sample, for example a buccal swab, may be taken for the purpose of DNA analysis from the following persons (persons concerned):a.suspects;b.other persons, in particular victims or persons authorised to be at the scene of a crime, if this is necessary to distinguish their traces from those of suspects.2 In mass testing conducted to solve a felony, a sample, for example a buccal swab, may be taken for the purpose of DNA analysis from persons who have certain features that have been identified in connection with the commission of the crime, in order to be able to identify them as, or exclude them from being, the possible perpetrator.3 Except in the case of mass testing, the sample will not be analysed until it is clear that the conditions for registering the DNA profile in the information system have been met (Art. 11).Art. 4 Collecting trace evidence and taking samples from deceased persons  A DNA profile is generated from biological material (trace evidence) relevant to a crime and from samples taken from deceased persons if there is a firm indication that this may help to solve a felony or a misdemeanour.Art. 5 Taking samples and DNA analysis in the case of convicted persons  Immediately on a conviction taking legal effect, a sample may be taken from and a DNA profile generated for persons:a.7who have been sentenced to a custodial sentence or measure of more than one year for wilfully committing a felony;b.who have been convicted of wilfully committing a felony or a misdemeanour against life and limb or sexual integrity; orc.8who have been ordered to undergo a therapeutic measure (Art. 59–63 of the Swiss Criminal Code, SCC9), indefinite incarceration (Art. 64 SCC) or a placement (Art. 15 of the Juvenile Criminal Code of 20 June 200310).7 Amended by Annex No 3 of the Juvenile Criminal Procedure Code of 20 March 2009, in force since 1 Jan. 2011 (AS 2010 1573; BBl 2006 1085, 2008 3121).8 Amended by Annex No 3 of the Juvenile Criminal Procedure Code of 20 March 2009, in force since 1 Jan. 2011 (AS 2010 1573; BBl 2006 1085, 2008 3121).9 SR 311.010 SR 311.1Art. 6 Identification outside criminal proceedings  1 If identification is not possible by other means, a DNA profile of the following persons may be generated outside criminal proceedings:a.deceased persons;b.persons who due to age, accident, permanent illness, disability, physical disorder or disturbance of consciousness are unable to provide information on their identity.2 Biological material from these persons may also be analysed if this can help to identify them.3 Biological material from missing persons may be analysed for their later identification.4 DNA profiles of presumed relatives of the person to be identified may be generated for comparison purposes if they give their written consent.Art. 7 Ordering authorities  1 Police, law enforcement services and criminal courts (ordering authorities) may order:a.the non-invasive taking of a sample from persons (Art. 3 para. 1) and the analysis of the sample in order to generate a DNA profile;b.the analysis of trace evidence and of samples from deceased persons in order to generate a DNA profile (Art. 4).2 If the police order a sample to be taken, they shall notify the person concerned of their right to contest this decision with the investigating authority. If the order is contested, a sample will only be taken if the investigating authority upholds the decision. 3 Judicial authorities decide on:a.conducting mass testing (Art. 3 para. 2);b.taking an invasive sample and analysing the sample to generate a DNA profile.4 The judicial authority concerned decides on the taking and analysis of a sample for generating a DNA profile of persons who have been convicted (Art. 5).5 If a different investigating authority is responsible for identification in the cases defined in Article 6, that authority may also order a sample to be taken and analysed in order to generate a DNA profile.Section 3 DNA Analysis Arrangements  Art. 8 DNA analysis  1 The Federal Department of Justice and Police (Department) decides which laboratories are authorised to conduct DNA analyses under this Act.2 The ordering authority shall have the analysis carried out in a laboratory authorised in accordance with paragraph 1.3 The sample is anonymised using a process control number, which is also used for personal data and other identification data (photos, fingerprints).4 Besides the sample, the laboratory is given only the data it requires for generating the DNA profile and assessing its probative value, namely details of the race of the person concerned, of the location of the crime and of the location where the trace evidence was found.Art. 9 Destroying samples  1 The ordering authority shall arrange to have the sample taken from a person destroyed:a.if a DNA profile of that person has already been generated;b.three months after the sample has been taken if it has not arranged an analysis;c.if the person concerned can be ruled out as the perpetrator; ord.after identification of the person in the cases defined in Article 6.2 The laboratory shall destroy the sample taken from a person as soon as the DNA profile generated from it meets the qualitative requirements for inclusion in the DNA profile information system (Art. 10–13), but at the latest three months after the laboratory has received the sample.Section 4 DNA Profile Information System  Art. 10 Basic principles  1 The DNA profile information system facilitates the comparison of DNA profiles for the purpose of law enforcement and the identification of unidentified or missing persons. 2 The information system is operated exclusively by the Confederation.Art. 11 Registration in the information system  1 The DNA profiles of the following shall be registered in the information system:a.persons suspected of committing or taking part in a felony or a misdemeanour (Art. 3);b.convicted persons (Art. 5);c.trace evidence and deceased persons (Art. 4).2 The DNA profiles of the following shall also be registered in the information system:a.unidentified living or deceased persons (Art. 6 para. 1);b.biological material that can be attributed to missing persons (Art. 6 para. 3);c.relatives of deceased or missing persons whose identification is required outside criminal proceedings (Art. 6 para. 4).3 DNA profiles transmitted from abroad as part of international co-operation and required in Swiss proceedings (Art. 13) shall be registered in the information system if one of the conditions defined under paragraphs 1 and 2 of this Article is met.4 The DNA profiles of the following shall not be registered in the information system:a.identified victims (Art. 3 para. 1 let. b);b.persons authorised to be at the scene of a crime whose traces must be distinguished from those of perpetrators (Art. 3 para. 1 let. b);c.persons who in mass testing have been excluded from being the perpetrator (Art. 3 Abs. 2);d.suspects who have been excluded from being the perpetrator of the felony or misdemeanour in question;e.persons who were involved in proceedings that have been abandoned.Art. 12 Responsible federal authority  1 The Federal Council shall designate the federal office responsible for the information system in accordance with the Federal Act of 19 June 199211 on Data Protection (Federal Office).2 Authorised laboratories may be connected online with the information system. The Department decides on the connection.11 SR 235.1Art. 13 International cooperation  1 As part of INTERPOL cooperation under Articles 351ter and 351quinquies SCC12, the Federal Office may forward foreign requests for the verification of DNA profiles and submit Swiss requests. 2 The provision of international cooperation is conditional on the conditions for taking samples complying with this Act and on the comparability of the DNA profiles.12 SR 311.0Section 5 Processing Further Data  Art. 14 1 The ordering authority shall provide the Federal Office with the known personal data, and with details of the location of the crime and where the trace evidence was found (additional data).2 The Federal Office shall process the additional data in an information system that is separate from the DNA profile information system.3 The DNA profiles are linked with the additional data using a process control number. The linking of profiles with the additional data may only be carried out by the Federal Office.Section 6 Data Protection  Art. 15 Right to information   1 Before taking a sample, the ordering authority shall inform the person concerned about the registration of their DNA profile in the information system, their right to information and the requirements for deletion.2 Any person has the right to ask the Federal Office whether a DNA profile is registered in the information system under their name. 3 Articles 8 and 9 of the Federal Act of 19 June 199213 on Data Protection govern the right to, and the refusal, restriction or deferral of information.13 SR 235.1Art. 16 Deletion of the DNA profiles of persons  1 The Federal Office shall delete the DNA profiles of persons defined in Articles 3 and 5:a.as soon as the person concerned can be excluded as the perpetrator during the proceedings;b.after the death of the person concerned;c.as soon as the relevant proceedings have been legally concluded with an acquittal;d.one year after proceedings have been definitively abandoned;e.14five years after expiry of the probationary period in the case of a suspended or partially suspended sentence;f.15 five years after the payment of a monetary penalty, after the completion of community service or after any related converted sentence has been served;g.16five years after issue of a reprimand, after payment of a fine or completion of a personal work order in accordance with Articles 22–24 JCLA17;h.18five years after the probationary period for the suspended execution of a fine, a personal work order or a custodial measure in accordance with Article 35 JCLA;i.19five years after the enforcement of a protection measure in accordance with Articles 12–14 JCLA;j.20ten years after the enforcement of a deprivation of liberty in accordance with Article 25 JCLA;k.21ten years after ending the enforcement of a placement in accordance with Article 15 JCLA;l.22ten years after the end of a prohibition from carrying on an activity or of a contact prohibition and exclusion order in accordance with Article 67 and 67b SCC23, Articles 50 and 50b of the Military Criminal Code of 13 June 192724 or Article 16a JCLA, unless the profile must be deleted at later date in accordance with paragraph 4.2 In the cases referred to in paragraph 1 letters c and d, the DNA profile is not deleted if the perpetrator is acquitted or proceedings are abandoned due to an absence of legal responsibility.3 The Federal Office shall delete after 30 years all DNA profiles that have not already been deleted in accordance with paragraph 1, unless the profile must be deleted at later date in accordance with paragraph 4.4 In cases involving a custodial sentence, indefinite incarceration, therapeutic measures or expulsion under Article 66a or 66abis of the Criminal Code25 or Article 49a or 49abis of the Military Criminal Code of 13 June 192726, the Federal Office shall delete the DNA profile 20 years after release from custody, after incarceration, after enforcement of the therapeutic measure or after expulsion.2714 Amended by Annex No 3 of the Juvenile Criminal Procedure Code of 20 March 2009, in force since 1 Jan. 2011 (AS 2010 1573; BBl 2006 1085, 2008 3121).15 Amended by Annex No 3 of the Juvenile Criminal Procedure Code of 20 March 2009, in force since 1 Jan. 2011 (AS 2010 1573; BBl 2006 1085, 2008 3121).16 Inserted by Annex No 3 of the Juvenile Criminal Procedure Code of 20 March 2009, in force since 1 Jan. 2011 (AS 2010 1573; BBl 2006 1085, 2008 3121).17 SR 311.118 Inserted by Annex No 3 of the Juvenile Criminal Procedure Code of 20 March 2009, in force since 1 Jan. 2011 (AS 2010 1573; BBl 2006 1085, 2008 3121).19 Inserted by Annex No 3 of the Juvenile Criminal Procedure Code of 20 March 2009, in force since 1 Jan. 2011 (AS 2010 1573; BBl 2006 1085, 2008 3121).20 Inserted by Annex No 3 of the Juvenile Criminal Procedure Code of 20 March 2009, in force since 1 Jan. 2011 (AS 2010 1573; BBl 2006 1085, 2008 3121).21 Inserted by Annex No 3 of the Juvenile Criminal Procedure Code of 20 March 2009, in force since 1 Jan. 2011 (AS 2010 1573; BBl 2006 1085, 2008 3121).22 Inserted by Annex No 4 of the FA of 13 December 2013 on Activity Prohibition Orders and Contact Prohibition and Exclusion orders, in force since 1 Jan. 2015 (AS 2014 2055); BBl 2012 8819).23 SR 311.024 SR 321.025 SR 311.026 SR 321.027 Amended by Annex No I of the FA of 20 March 2015 (Implementation of Art. 121 para. 3–6 FC on the deportation of criminal foreigners), in force since 1 Oct. 2016 (AS 2016 2329; BBl 2013 5975).Art. 17 Deletions requiring authorisation  1 In cases where Article 16 paragraphs 1 letters e–k and 4 apply, the Federal Office shall obtain the authorisation of the appropriate judicial authority.28 The judicial authority may refuse to grant authorisation if definite suspicion of a felony or a misdemeanour that is not time-barred remains, or if there is concern about a repeat offence.2 Obtaining the authorisation of a foreign authority may be waived.28 Amended by Annex No 3 of the Juvenile Criminal Procedure Code of 20 March 2009, in force since 1 Jan. 2011 (AS 2010 1573; BBl 2006 1085, 2008 3121).Art. 18 Deletion of DNA profiles generated from trace evidence and samples taken from deceased persons  The Federal Office shall delete DNA profiles generated from trace evidence or samples taken from deceased persons in accordance with Article 4:a.at the request of the ordering authority; the ordering authority shall request deletion as soon as the trace evidence can be matched to a person who has been ruled out as the perpetrator;b.automatically after 30 years, except for offences that are not subject to a statute of limitations. Art. 19 Deletion of DNA profiles generated outside criminal proceedings  DNA profiles that have been generated outside criminal proceedings in accordance with Article 6 shall be deleted as soon as the person concerned has been identified, but in any case after 50 years. Section 7 Funding  Art. 20 1 The Confederation shall fund the establishment and operation of the information system. 2 The ordering authority shall fund the collection and transmission of samples, and analysis and evaluation.Section 8 Final Provisions  Art. 21 Implementation by the cantons  The cantons are responsible for implementing this Act in their area of competence.Art. 22 Implementation by the Confederation  The Federal Council shall issue the implementing provisions, in which it shall regulate in particular:a.the processing of data under this Act, in particular the registration of data in the information system;b.the details concerning the identification of unidentified living or deceased persons and missing persons;c.the arrangements and processes for generating DNA profiles;d.the conditions and the procedure for approving the laboratories;e.the notification of the Federal Office on procedure completion;f.the registration of DNA profiles generated abroad.Art. 23 Transitional provisions  1 This Act also applies to DNA profiles already registered in the information system under the Ordinance of 31 May 200029 on the DNA Profiles Information System (EDNA Ordinance).2 The temporary approval of laboratories under Article 20 of the EDNA Ordinance remains valid for two years after this Act comes into force.3 A sample may be taken and a DNA profile generated and registered in the information system from persons who before this Act comes into force were sentenced to an unconditional custodial sentence exceeding one year or to a custodial measure under Articles 59, 61 or 64 SCC30, provided that the custodial sentence or custodial measure remains in force, but for a maximum of one year after this Act comes into force.29 [AS 2000 1715, 2002 111 Art. 19 No 1]30 SR 311.0Art. 24 Referendum and entry into force  1 This Act is subject to an optional referendum.2 The Federal Council shall determine the commencement date.Commencement date: 1 January 20053131 FCD of 3 Dec. 2004.


type: legislation

jurisdiction: Switzerland

text: 371 English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.Federal Act on the Annulment of the Convictions of Persons who assisted Refugees at the time of the Nazi Regimeof 20 June 2003 (Status as on 1 January 2007)The Federal Assembly of the Swiss Confederation,based on the Article 60 paragraph 1 and 121 paragraph 1 the Federal Constitution1,having considered the report of the Committee for Legal Affairs of the National Council dated 29 October 20022and the opinion of the Federal Council dated 9 December 20023,decrees:1 SR 1012 BBl 2002 77813 BBl 2003 490Section 1: General Provisions  Art. 1 Subject Matter and Objective  1 This Act regulates the annulment of the convictions of persons who, at the time of the Nazi regime, assisted in the flight of persecuted people (persons who assisted refugees), as well as the rehabilitation of such persons.2 It has the objective of annulling convictions that are today viewed as serious miscarriages of justice.Art. 2 Definitions  1 Persons who assisted refugees in terms of this Act are persons who were convicted of offences because they helped persecuted people at the time of the Nazi regime, or offered accommodation to refugees without reporting them to the authorities.2 Persons who exploited the need of persecuted people at the time of their flight, who abandoned such persons, or who reported them to the authorities after offering assistance are not regarded as persons who assisted refugees.Section 2: Annulment of Convictions and Rehabilitation  Art. 3 Annulment of Convictions  All judgements issued by military tribunals and the civilian criminal courts of the Confederation and the cantons against persons who assisted refugees in terms of Articles 1 and 2 shall be annulled.Art. 4 Rehabilitation  All persons who assisted refugees in terms of Articles 1 and 2 shall be fully rehabilitated.Art. 5 Application to other Offences  In cases where persons who assisted refugees were at the same time convicted of other offences, the annulment of convictions also applies to these offences, provided such offences appear, in a general appraisal of the case, to be secondary in their nature.Section 3: Rehabilitation Committee  Art. 6 Committee on Pardons4 as the Rehabilitation Committee  1 The Committee on Pardons of the Federal Assembly5 shall act as the Rehabilitation Committee (“the Committee”) and shall, in response to an application or ex officio, examine cases and decide whether a specific conviction falls within the terms of Articles 1 and 2.2 If necessary, the Committee may regulate further aspects of the procedure.4 Today: Committee for Pardons and Conflicts of Jurisdiction.5 Today: Committee for Pardons and Conflicts of Jurisdiction.Art. 7 Applications  1 Applications for a declaration of the annulment of a specific conviction must be submitted to the Committee.2 Applications may be made:a.by the convicted person, or, if the convicted person is deceased, by any one of his or her next of kin (Art. 110 No. 16 StGB7);b.by an organisation that is domiciled in Switzerland, that is under Swiss control, and that has as its objective the safeguarding of human rights or the reappraisal of the history of Switzerland at the time of the Nazi Regime.3 Such an organisation is not entitled to submit an application against the will of the convicted person or, if the person is deceased, against the will of any of his or her next of kin.6 Amended in accordance with Art. 334 of the Criminal Code (SR 311.0) in the version of the Federal Act of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459).7 SR 311.0Art. 8 Time Limits  1 Applications must be submitted within a period of five years of the date on which this Act comes into force.2 The Committee may consider applications that are submitted after the five-year time limit, but at the latest within a period of eight years from the date on which this Act comes into force, provided the reasons for the delay are excusable.Art. 9 Non-Consideration of Applications  An application will not be considered if the relevant conviction cannot be traced without expending an unreasonable amount of time and effort.Art. 10 Establishment of the Facts of the Case  The Committee shall collaborate, to the extent required, in establishing the facts of the case.Art. 11 Decision  1 The Committee shall make its decisions according to the law and on an equitable basis and in accordance with its appraisal of the particular circumstances of each case.2 If it establishes that a specific conviction falls within the terms of Articles 1 and 2, it shall give notice of the reasons for its decision in a suitable manner. Such notice may not be given without the consent of the applicant.3 The decisions of the Committee are final.Art. 12 Procedural Costs  The procedure before the Committee is free of charge.Section 4: Legal effect of the Annulment  Art. 13 A declaratory decision on the annulment of a conviction does not justify a claim for damages for pecuniary loss or for pain and suffering in respect of the penalties imposed or any secondary penalties or any indirect consequences of the conviction.Section 5: Referendum and Commencement  Art. 14 1 This Act is subject to an optional referendum.2 The Federal Council determines the date on which this Act comes into force.Commencement Date: 1 January 200488 Federal Council Decree of 25 Nov. 2003 (AS 2003 4264)


text: 451.1English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.Ordinanceon the Protection of Nature and Cultural Heritage(NCHO)of 16 January 1991 (Status as of 1 June 2017)The Swiss Federal Council,on the basis of Article 26 of the Federal Act of 1 July 19661 on the Protection of Nature and Cultural Heritage (NCHA),Article 44 paragraph 1 of the Environmental Protection Act of 7 October 19832 (USG), and in implementation of the Convention 19 September 19793 on the Conservation of European Wildlife and Natural Habitats,4ordains:1 SR 4512 SR 814.013 SR 0.4554 Amended by No I of the O of 19 June 2000, in force since 1 Aug. 2000 (AS 2000 1869). Section 1 Nature Protection, Cultural Heritage Protection and Monument Preservation in the Fulfilment of Federal Tasks5 5 Amended by No I of the O of 18 Dec. 1995, in force since 1 Feb. 1996 (AS 1996 225).Art. 16 Basic principle  In fulfilling federal tasks as specified in Article 2 of the NCHA, and in preparing and amending ordinances, concepts and sectoral plans (Art. 13 of the Federal Act of 22 June 19797 on Spatial Planning) in relation to these tasks, the competent federal and cantonal authorities shall give due consideration to the requirements of nature protection, cultural heritage protection and monument preservation.6 Amended by No I of the O of 18 Dec. 1995, in force since 1 Feb. 1996 (AS 1996 225).7 SR 700Art. 2 Cooperation of specialist bodies responsible for nature protection, cultural heritage protection and monument preservation8  1 The Federal Office for the Environment (FOEN)9, the Federal Office of Culture (the FOC) and das Federal Roads Office (FEDRO)10 shall be available to advise the authorities responsible for the fulfilment of federal tasks.2 When fulfilling a federal task in accordance with Article 2 NCHA, the competent federal authorities shall obtain an expert opinion from the cantons. In relation to the cooperation of the FOEN, the FOC and FEDRO, Article 3 paragraph 4 NCHA applies.113 The cantons shall ensure that their specialist agencies responsible for nature protection, cultural heritage protection and monument preservation cooperate in fulfilling the tasks that fall to them in accordance with Article 1.124 As an element of their cooperation, the FOEN, the FOC and FEDRO (para. 2) and the cantonal specialist agencies for nature protection, cultural heritage protection and monument preservation (para. 3) whether in accordance with Article 7 NCHA a report from the competent federal expert commission (Art. 23 para. 2) is required.13 8 Amended by No I of the O of 18 Dec. 1995, in force since 1 Feb. 1996 (AS 1996 225).9 The title of the administrative unit concerned has been modified in application of Art. 16 para. 3 of the Publications O of 17 Nov. 2004 (AS 2004 4937). This modification has been made throughout the text.10 The group of administrative units affected was in application of Art. 16 para. 3 of the Publications O of 17 Nov. 2004 (AS 2004 4937). This modification has been made throughout the text.11 Amended by No I I 1 of the O of 2 Feb. 2000 to the Federal Act on the Coordination and Simplification of Decision-Making Procedures (AS 2000 703). 12 Amended by No I I 1 of the O of 2 Feb. 2000 to the Federal Act on the Coordination and Simplification of Decision-Making Procedures (AS 2000 703).13 Amended by No I I 1 of the O of 2 Feb. 2000 to the Federal Act on the Coordination and Simplification of Decision-Making Procedures (AS 2000 703).Art. 314 14 Repealed by No I of the O of 18 Dec. 1995, with effect from 1 Feb. 1996 (AS 1996 225).Section 2 Federal support for Nature Protection, Cultural Heritage Protection and Monument Preservation15 15 Amended by No I of the O of 18 Dec. 1995, in force since 1 Feb. 1996 (AS 1996 225).Art. 416 Global financial assistance  1 Financial assistance for measures for the preservation of sites deserving protection in accordance with Article 13 NCHA shall normally be granted globally on the basis of a programme agreement.2 The subject matter of the programme agreement shall in particular be:a.the strategic programme objectives to be achieved jointly in the fields of nature protection, cultural heritage protection or monument preservation;b.the duties of the canton;c.the federal subsidy to be provided;d.the financial control system.3 The term of the programme agreement shall be no more than four years.4 The FOEN, the FOC and FEDRO shall issue guidelines on the procedure for programme agreements and on the information and documentation on the subject matter of the programme agreement.16 Amended by No I 4 of the O of 7 Nov. 2007 on the New System of Financial Equalisation and Division of Tasks between the Confederation and the Cantons, in force since 1 jan. 2008 (AS 2007 5823).Art. 4a17 Financial assistance in specific cases  1 By way of exception, financial assistance may be granted in a specific case if the measures:a.are urgently required;b.to a substantial extent require a complex or specialist assessment; orc.involve considerable expense.2 The FOEN, the FOC or FEDRO shall enter into a contract with the canton for this purpose or shall issue a ruling.3 The FOEN, the FOC and FEDRO shall issue guidelines on the procedure for the granting of financial assistance in specific cases and on the information and documentation accompanying the application.17 Inserted by No I 4 of the O of 7 Nov. 2007 on the New System of Financial Equalisation and Division of Tasks between the Confederation and the Cantons, in force since 1 jan. 2008 (AS 2007 5823).Art. 4b18 Application  1 The canton shall submit the application for financial assistance to the FOEN, the FOC or FEDRO.2 The application for global financial assistance must contain details of:a.the programme objectives to be achieved;b.the probable measures required to achieve the objectives and how they are to be implemented;c.the effectiveness of the measures.18 Inserted by No I 4 of the O of 7 Nov. 2007 on the New System of Financial Equalisation and Division of Tasks between the Confederation and the Cantons, in force since 1 jan. 2008 (AS 2007 5823).Art. 519 Determination of the subsidy  1 The amount of financial assistance is determined by:a.the national, regional or local importance of the sites to be protected;b.the extent, quality and complexity of the measures;c.the level of threat to the sites to be protected;d.the quality in which the services are to be provided.2 The amount of global financial assistance shall be negotiated between the FOEN, the FOC or FEDRO and the canton concerned.3 In the fields of monument preservation, archaeology, protection of sites of local character and protection of historic traffic routes, the financial assistance may also be calculated on the basis of the following maximum subsidies in per cent of the expenditure eligible for subsidy:a.25 per cent for sites of national importance;b.20 per cent for sites of regional importance;c.15 per cent for sites of local importance.4 By way of exception, the percentage in paragraph 3 may be increased to a maximum of 45 per cent if it is proven that essential measures cannot be financed otherwise.19 Amended by No I 4 of the O of 7 Nov. 2007 on the New System of Financial Equalisation and Division of Tasks between the Confederation and the Cantons, in force since 1 jan. 2008 (AS 2007 5823).Art. 620 Expenditure eligible for subsidy  Expenditure is eligible for subsidy only if it has actually been incurred and is required for the proper fulfilment of the measures.20 Amended by No I 4 of the O of 7 Nov. 2007 on the New System of Financial Equalisation and Division of Tasks between the Confederation and the Cantons, in force since 1 jan. 2008 (AS 2007 5823).Art. 7 Supplementary provisions  1 Requirements and conditions may be attached to the granting of financial assistance for a site, and in particular that:a.the site is placed under protection either permanently or for a specified period;b.the site is maintained in a condition appropriate to the purpose of the subsidy and that alterations to its condition require the approval of the FOEN, the FOC or FEDRO;c.the recipient of the subsidy reports periodically on its condition;d.21a person appointed by the FOEN, the FOC or FEDRO is granted full inspection rights while work is being carried out on the site;e.…22f.23any reports, drawings or photographic records requested by the FOEN, the FOC or FEDRO be provided free of charge;g.24the site is provided with a permanent inscription giving notice of the federal assistance and protection;h.any necessary upkeep work is carried out;i.any changes of ownership or other legal changes are reported immediately to the FOEN, the FOC or FEDRO;k.the condition of the site may be monitored;l.the site is made open to the public to the extent that this is compatible with its intended purpose.2 The FOEN, the FOC and FEDRO may waive the requirement that documentation be provided as specified in paragraph 1 letter f above if the canton guarantees that the material is properly archived and remains accessible.2521 Amended by No I of the O of 18 Dec. 1995, in force since 1 Feb. 1996 (AS 1996 225). 22 Repealed by No I of the O of 18 Dec. 1995, with effect from 1 Feb. 1996 (AS 1996 225).23 Amended by No I of the O of 18 Dec. 1995, in force since 1 Feb. 1996 (AS 1996 225). 24 Amended by No I of the O of 18 Dec. 1995, in force since 1 Feb. 1996 (AS 1996 225).25 Inserted by No I of the O of 18 Dec. 1995, in force since 1 Feb. 1996 (AS 1996 225). Art. 826 Exemptions from mandatory record in land register  In granting financial assistance, the FOEN, the FOC or FEDRO shall exempt the landowner from the obligation to have restrictions on use recorded in the land register if the protection and upkeep measures are guaranteed equally effectively by other means. They shall take account of the importance of the site, potential risks and the existing cantonal options for legal protection.26 Amended by No I of the O of 18 Dec. 1995, in force since 1 Feb. 1996 (AS 1996 225).Art. 927  Power to grant subsidies28  1 The FOEN, the FOC or FEDRO are responsible for granting financial assistance.292 This provision also applies to Articles 14, 14a and, unless in connection with the initiation of a compulsory purchase proceedings, 15 NCHA.27 Amended by No I of the O of 18 Dec. 1995, in force since 1 Feb. 1996 (AS 1996 225).28 Amended by No I 4 of the O of 7 Nov. 2007 on the New System of Financial Equalisation and Division of Tasks between the Confederation and the Cantons, in force since 1 jan. 2008 (AS 2007 5823).29 Amended by No I 4 of the O of 7 Nov. 2007 on the New System of Financial Equalisation and Division of Tasks between the Confederation and the Cantons, in force since 1 jan. 2008 (AS 2007 5823).Art. 1030 Payment  1 Global financial assistance shall be paid in instalments.2 Financial assistance in specific cases shall be paid on the basis of the statement of accounts examined and approved by the cantonal specialist agency.30 Amended by No I 4 of the O of 7 Nov. 2007 on the New System of Financial Equalisation and Division of Tasks between the Confederation and the Cantons, in force since 1 jan. 2008 (AS 2007 5823).Art. 10a31 Reporting and checking  1 The canton shall report to the FOEN, the FOC or FEDRO each year on the use of the global financial assistance.2 The FOEN, the FOC or FEDRO shall check by random sample:a.that individual measures have been implemented in accordance with the programme agreement, ruling or contract;b.the use of the subsidies paid.31 Inserted by No I 4 of the O of 7 Nov. 2007 on the New System of Financial Equalisation and Division of Tasks between the Confederation and the Cantons, in force since 1 jan. 2008 (AS 2007 5823).Art. 1132 Substandard compliance  1 In the case of global financial assistance, the FOEN, the FOC or FEDRO shall withhold all or part of the instalment payments during the term of the programme if the canton:a.fails to comply with its reporting duty (Art. 10a para. 1);b.culpably causes substantial disruption to its services.2 If in the case of global financial assistance, it becomes apparent after the programme term that the services provided are substandard, the FOEN, the FOC or FEDRO shall require the canton to rectify the defects; it shall allow the canton an appropriate period within which to do this.3 The legal consequences of instances of substandard compliance where financial assistance has been granted in specific cases and claims for the recovery of financial already paid out shall be governed by Article 28 of the Subsidies Act of 5 October 199033.32 Amended by No I 4 of the O of 7 Nov. 2007 on the New System of Financial Equalisation and Division of Tasks between the Confederation and the Cantons, in force since 1 jan. 2008 (AS 2007 5823).33 SR 616.1Art. 12 Subsidies paid to organisations34  1 Organisations of national importance involved in nature protection, cultural heritage protection and monument preservation which claim financial assistance under Article 14 of the NCHA shall submit an application, stating their reasons, to the FOEN, the FOC or FEDRO.35 The application must be accompanied by detailed documentation (accounts and reports) on the activities of the organisation indicating the extent to which services eligible for subsidy that serve the public interest are being provided.2 Financial assistance for activities serving the national interest may also be granted to:a.international organisations for nature protection, cultural heritage protection and monument preservation;b.secretariats responsible for international conventions on nature protection, cultural heritage protection and monument preservation.36 34 Amended by No I of the O of 18 Dec. 1995, in force since 1 Feb. 1996 (AS 1996 225).35 Amended by No I of the O of 18 Dec. 1995, in force since 1 Feb. 1996 (AS 1996 225). 36 Amended by No I of the O of 18 Dec. 1995, in force since 1 Feb. 1996 (AS 1996 225).Art. 12a37 Research, education, public relations  1 Applications for financial assistance under Article 14a paragraph 1 NCHA must be submitted to the FOEN, the FOC or FEDRO.2 Financial assistance to the cantons shall be granted globally on the basis of programme agreements. Articles 4–11 apply.3 Financial assistance to other recipients shall be granted individually.  Articles 6, 9, 10a and 11 paragraph 3 apply.37 Inserted by No I of the O of 18 Dec. 1995 (AS 1996 225). Amended by No I 1 of the O of 2 Feb. 2011 (Development of Environmental Programme Agreements), in force since 1 March 2011 (AS 2011 649).Section 3 Protection of Indigenous Flora and Fauna  Art. 1338 Principle  Wherever possible, the protection of indigenous flora and fauna shall be achieved by adapting agricultural and forestry practices in their habitats (biotopes). This task requires cooperation between the specialist bodies for agricultural and forestry, for nature protection and cultural heritage protection, and for spatial planning.38 Amended by No I 2 of the O of 28 jan. 2015 on Amendments to the O on the Environment, in particular in relation to the programme agreements for the programme period 2016–2019, in force since 1 March 2015 (AS 2015 427).Art. 1439 Biotope protection  1 Biotope protection, combined in particular with ecological compensation measures (Art. 15) and the species protection provisions (Art. 20), is intended to ensure the survival of indigenous wild flora and fauna.2 Biotopes shall be protected in particular by:a.measures designed to preserve or, if necessary, restore their individual character and biological diversity;b.upkeep, management and supervision to ensure that the protection objective is secured in the long term;c.structural measures that make it possible for the protection objective to be achieved, existing damage to be remedied, and future damage to be avoided;d.the establishment of buffer zones to provide adequate ecological protection;e.the preparation of basic scientific material.3 Biotopes shall be designated as deserving protection on the basis of:a.biotopes types characterised in particular by indicator species, as specified in Annex 1;b.plant and animal species protected under Article 20;c.fish and crustaceans at risk according to fisheries legislation;d.threatened and rare plant and animal species cited in the Red Lists issued or approved by the FOEN;e.additional criteria, such as species mobility requirements or ecological networks.4 The cantons may adapt the lists referred to in paragraph 3 letters a‑d to regional circumstances.5 The cantons shall establish an appropriate determination procedure so as to prevent possible damage to biotopes deserving protection and infringements of the species protection provisions of Article 20.6 Any technical intervention that could damage biotopes deserving protection may be approved only if it pertains to a specific site and meets an overriding need. In addition to a biotopes deserving protection as specified in paragraph 3, the following criteria are particularly decisive in evaluating the biotopes when competing interests are being weighed up:a.its importance for the protected, threatened and rare animal and plant species;b.its role in preserving the ecological balance;c.its importance in linking biotopes deserving protection;d.its biological individuality or typical character.7 Anyone who carries out or brings about an intervention shall be obliged to take the best possible protection or restoration measures, or failing that, appropriate compensation measures.39 Amended by No I of the O of 19 June 2000, in force since 1 Aug. 2000 (AS 2000 1869). Art. 15 Ecological compensation  1 The purpose of ecological compensation (Art. 18b para. 2 NCHA) is primarily to connect isolated biotopes, if necessary by the creation of new biotopes, in order to promote species diversity, to achieve forms of land use that are as near-natural and benign as possible, to integrate nature into residential areas, and to enliven the landscape.2 With regard to subsidies for special ecological measures in agriculture, the term biodiversity subsidy as used in the Direct Payments Ordinance of 23 October 201340 applies.4140 SR 910.1341 Inserted by No I of the O of 18 Dec. 1995, in force since 1 Feb. 1996 (AS 1996 225). Amended by Annex 9 No 3 of the Direct Payments O of 23 Oct. 2013, in force since 1 jan. 2014 (AS 2013 4145).Art. 16 Designation of biotopes of national importance  1 The designation of biotopes of national importance, specification of protection objectives and setting of time limits for the specification of protection measures in accordance with Article 18a of the NCHA shall be the subject of separate ordinances (inventories).2 The inventories are not exhaustive and shall be reviewed and updated at regular intervals.Art. 17 Protection and upkeep of biotopes of national importance  1 For biotopes of national importance, the cantons shall arrange protection and upkeep measures and the financing thereof after consulting the FOEN.2 and 3 …4242 Repealed by No I 4 of the O of 7 Nov. 2007 on the New System of Financial Equalisation and Division of Tasks between the Confederation and the Cantons, with effect from 1 jan. 2008 (AS 2007 5823).Art. 1843 Compensatory payments for biotopes and ecological compensation  1 The level of the global compensatory payments for the protection and upkeep of biotopes and for ecological compensation is determined by:a.the national, regional or local importance of the sites to be protected;b.the extent, quality and complexity of the measures and their planning;c.the importance of the measures for animal and plant species that take priority for the preservation and improvement of biological diversity;d.the level of threat to the sites to be protected;e.the importance of the measures for the networking of biotopes deserving protection and of stocks of species deserving protection;f.the quality with which the services are provided;g.the burden imposed on the Canton by mire landscape and biotopes protection.442 It shall be negotiated between the FOEN and the canton concerned.3 Articles 4–4b and 6–11 also apply.43 Amended by No I 4 of the O of 7 Nov. 2007 on the New System of Financial Equalisation and Division of Tasks between the Confederation and the Cantons, in force since 1 jan. 2008 (AS 2007 5823).44 Amended by No I 1 of the O of 2 Feb. 2011 (Development of Environmental Programme Agreements), in force since 1 March 2011 (AS 2011 649).Art. 1945 Relation to ecological services in agriculture  The compensatory payments made under Article 18 shall be reduced by the amount of any subsidies provided for the same ecological service in relation to agricultural land used or farmed in terms of Articles 55-62 of the Direct Payments Ordinance 23. October 201346.45 Amended by Annex 9 No 3 of the Direct Payments O of 23 Oct. 2013, in force since 1 jan. 2014 (AS 2013 4145).46 SR 910.13Art. 20 Species protection  1 Unauthorized picking, digging up, uprooting, removal, offering for sale, sale, purchase or destruction, particularly as a result of technical interventions, of species of wild plants listed in Annex 2 is prohibited.2 In addition to the species cited in the Federal Act of 20 June 198647 on Hunting and the Protection of Wild Mammals and Birds, the species of wild animals listed in Annex 3 shall be considered to be protected. It is prohibiteda.to kill, injure or capture animals of these species, or to damage, destroy or remove their eggs, larvae, pupae, nests or breeding grounds;b.to carry, dispatch, offer for sale, export, entrust to others, purchase, or take custody of animals of these species, living or dead, including their eggs, larvae, pupae or nests, or to be party to such actions.3 The competent authority may grant exceptional approvals in addition to those specified in Article 22 paragraph 1 NCHAa.if this serves to preserve biological diversity;b.for technical interventions pertaining to a specific site and that meet an overriding need. The person responsible shall be obliged to take the best possible protection measures, or failing that, appropriate compensation measures.4 The cantons shall make arrangements for appropriate protection of the animal and plant species listed in Annex 4 after consultation with the FOEN.485 Anyone infringes the provisions of paragraphs 1 and 2 is liable to the penalties under Article 24a NCHA.4947 SR 922.048 Amended by No I of the O of 19 June 2000, in force since 1 Aug. 2000 (AS 2000 1869). 49 Inserted by No I of the O of 18 Dec. 1995, in force since 1 Feb. 1996 (AS 1996 225).Art. 21 Resettlement of flora and fauna  The Federal Department of the Environment, Transport, Energy and Communications (DETEC) may by agreement with the cantons concerned authorise the resettlement of species, subspecies and breeds no longer occurring in the wild in Switzerland, provided that:50a.an appropriate habitat of adequate size is available;b.appropriate legal safeguards are introduced for protection of the species;c.the preservation of the diversity or genetic characteristics of species will not be adversely affected.50 Amended by No I I 1 of the O of 2 Feb. 2000 to the Federal Act on the Coordination and Simplification of Decision-Making Procedures (AS 2000 703).Section 3a Mires and Mire Landscapes of Outstanding Beauty and National Importance51 51 Inserted by No I of the O of 18 Dec. 1995, in force since 1 Feb. 1996 (AS 1996 225).Art. 21a52 Protection of mires  The designation of mires of outstanding beauty and national importance, together with their protection and upkeep is governed by Articles 16–19.52 Inserted by No I of the O of 18 Dec. 1995 (AS 1996 225). Amended by No I 4 of the O of 7 Nov. 2007 on the New System of Financial Equalisation and Division of Tasks between the Confederation and the Cantons, in force since 1 jan. 2008 (AS 2007 5823).Art. 2253 Protection of mire landscapes  1 The designation of mire landscapes of outstanding beauty and national importance and the specification of the protection objectives shall be subject of a separate ordinance (inventory).2 The cantons shall arrange protection and upkeep measures and the financing thereof after consulting with the FOEN.3 The level of the global compensatory payments for the protection and upkeep of mire landscapes is determined by:a.the extent, quality and complexity of the measures;b.the level of threat to the sites to be protected;c.the quality with which the services are provided;d.the burden imposed on the Canton by mire landscape and den biotopes protection.543bis It shall be negotiated between the FOEN and the canton concerned. Articles 4–4b, 6–11 and 18 and 19 also apply to the provision of compensatory payments.554 The global compensatory payments for biotopes of national importance situated within mire landscapes of outstanding beauty and national importance are governed by Articles 18 and 19.5653 Amended by No I of the O of 18 Dec. 1995, in force since 1 Feb. 1996 (AS 1996 225).54 Amended by No I 4 of the O of 7 Nov. 2007 on the New System of Financial Equalisation and Division of Tasks between the Confederation and the Cantons, in force since 1 jan. 2008 (AS 2007 5823).55 Inserted by No I 4 of the O of 7 Nov. 2007 on the New System of Financial Equalisation and Division of Tasks between the Confederation and the Cantons, in force since 1 jan. 2008 (AS 2007 5823).56 Amended by No I 4 of the O of 7 Nov. 2007 on the New System of Financial Equalisation and Division of Tasks between the Confederation and the Cantons, in force since 1 jan. 2008 (AS 2007 5823).Section 4 Implementation  Art. 2357 Federal bodies  1 The federal specialist agencies for nature, cultural heritage protection and monument preservation are:a.the FOEN for nature and landscape protection;b.the FOC for monument preservation, archaeology and protection of sites of local character;c.FEDRO for the protection of historic traffic routes.2 They shall implement the NCHA, unless other federal authorities are responsible. . When fulfilling federal tasks in accordance with Articles 2–6 NCHA, they shall ensure that the authorities and the public are informed and advised in a coordinated manner.583 If other federal bodies are responsible for implementation, the FOEN, the FOC and FEDRO shall cooperate with them in accordance with Article 3 paragraph 4 NCHA.4 The Federal Commission for the Protection of Nature and Cultural Heritage (FCNC) and Federal Commission for Monument Preservation (FCMP) are the federal advisory commissions on matters relating to nature protection, cultural heritage protection and monument preservation.57 Revised in accordance with No I of the O of 18 Dec. 1995 (AS 1996 225), No I I 1 of the O of 2 Feb. 2000 to the Federal Act on the Coordination and Simplification of Decision-Making Procedures (AS 2000 703) and Art. 16 para. 3 of the Publications O of 17 Nov. 2004 (AS 2004 4937).58 Amended by Annex No 1 of the O of 29 March 2017 on the Federal Inventory of Landscapes and Natural Monuments, in force since 1 June 2017 (AS 2017 2815).Art. 2459 Organisation of the FCNC and the FCMP  1 The FCNC and the FCMP shall each comprise a maximum of 15 members. Expertise, individual areas of responsibility and language regions shall be taken into consideration in determining the composition of these bodies. The Federal Council shall elect the members and appoint the commission presidents. In all other matters, the commissions shall be responsible for their own organisation.2 At the request of the FCNC or the FCMP, the FOEN, the FOC and FEDRO may appoint specialists as permanent consultants. They shall advise the commissions and also the FOEN, the FOC and FEDRO in their fields of expertise.3  DETEC shall approve the regulations of the FCNC and the Federal Department of Home Affairs (FDHA) shall approve those of the FCMP.604 The FOEN and the FOC shall be responsible for the secretariats. FOEN, the FOC and FEDRO shall finance them proportionately, with payments being charged to the credits for equipment and services.5 The FCNC and the FCMP shall provide DETEC and FDHA respectively with an annual report on their activities.6159 Amended by No I of the O of 18 Dec. 1995, in force since 1 Feb. 1996 (AS 1996 225).60 Amended by No I I 1 of the O of 2 Feb. 2000 to the Federal Act on the Coordination and Simplification of Decision-Making Procedures (AS 2000 703).61 Amended by No I I 1 of the O of 2 Feb. 2000 to the Federal Act on the Coordination and Simplification of Decision-Making Procedures (AS 2000 703).Art. 25 Tasks of the FCNC and the FCMP62  1 The FCNC and the FCMP shall have the following tasks in particular:a.63they shall advise the Departments on fundamental questions of nature protection, cultural heritage protection and monument preservation;b.they shall assist in a consultative capacity with implementation of the NCHA;c.they shall assist in the preparation and revision of the inventories of sites of national importance;d.64they shall provide expert opinions on questions of nature protection, cultural heritage protection and monument conservation for federal and cantonal authorities responsible for fulfilling federal tasks as specified in Article 2 NCHA (Art. 7 and 8 NCHA);e.65they shall prepare special expert reports (Art. 17a NCHA) in cases where a project that does not constitute a federal task as specified in Article 2 NCHA could damage a site listed in a federal inventory in accordance with Article 5 NCHA or otherwise of particular importance.2 The FCMP shall also have the following tasks:a.it shall provide an opinion, at the request of the FOC, on requests for financial assistance in the field of monument conservation;b.it shall promote cooperation and scientific communication with all interested parties and foster basic practical and theoretical work.663 The FOC may appoint members of the FCMP, consultants or other suitably qualified persons as experts with responsibility for advising and supporting the cantons in the implementation of measures.6762 Amended by No I of the O of 18 Dec. 1995, in force since 1 Feb. 1996 (AS 1996 225).63 Amended by No I I 1 of the O of 2 Feb. 2000 to the Federal Act on the Coordination and Simplification of Decision-Making Procedures (AS 2000 703).64 Amended by No I I 1 of the O of 2 Feb. 2000 to the Federal Act on the Coordination and Simplification of Decision-Making Procedures (AS 2000 703).65 Inserted by No I of the O of 18 Dec. 1995, in force since 1 Feb. 1996 (AS 1996 225).66 Inserted by No I of the O of 18 Dec. 1995, in force since 1 Feb. 1996 (AS 1996 225).67 Inserted by No I of the O of 18 Dec. 1995, in force since 1 Feb. 1996 (AS 1996 225).Art. 26 Tasks of the cantons  1 The cantons shall ensure that their constitutional and legal mandate is properly and effectively fulfilled. To this end, they shall designate specialist agencies responsible for nature protection, cultural heritage protection and monument preservation, and notify the FOEN or the FOC accordingly.682 In any activities that have an impact on land use (Art. 1 of the Ordinance of 2 Oct. 198969 on Spatial Planning), the cantons shall give due consideration to measures for which the Confederation provides financial assistance or compensatory payments under this Ordinance. In particular, they shall ensure that protection measures are taken into account in the plans and regulations governing permissible use of land in accordance with spatial planning legislation.68 Wording of sentence in accordance with No I of the O of 18 Dec. 1995, in force since 1 Feb. 1996 (AS 1996 225). 69 SR 700.1Art. 27 Notification of legislation and rulings  1 The cantons shall notify the FOEN, the FOC or FEDRO of their legislation on nature protection, cultural heritage protection and monument preservation.702 The competent authorities shall notify the FOEN of any rulings on the following:a.exceptional approvals relating to the species protection provisions (Art. 22 para. 1 and 3 NCHA; Art. 20 para. 3);b.removal of riparian vegetation (Art. 22 para. 2 and 3 NCHA);c.declaratory rulings on biotopes and species protection (Art. 14 para. 4);d.restitution rulings (Art. 24e NCHA);e.71rulings on relating to buildings, installations and soil degradation in biotopes of national importance (Art. 18a NCHA) or in mire landscapes (Art. 23b NCHA).f.72approvals of land use plans (Art. 26 Spatial Planning Act of 22 June 197973) if landscapes, natural monuments, biotopes or mire landscapes of national importance are damaged.3 If the FCNC, the FCMP, the FOEN, the FOC or FEDRO have collaborated on a project as specified in Article 2, the competent authority shall notify them of the relevant decision on request.70 Amended by No I of the O of 18 Dec. 1995, in force since 1 Feb. 1996 (AS 1996 225). 71 Inserted by No I I 1 of the O of 2 Feb. 2000 to the Federal Act on the Coordination and Simplification of Decision-Making Procedures (AS 2000 703).72  Inserted by No II of the O of 2 April 2014, in force since 1 May 2014 (AS 2014 909)73 SR 700Art. 27a74 Monitoring and evaluation of success  1 The FOEN shall be responsible for the monitoring of biological diversity and shall coordinate this with other environmental observation measures. This monitoring may be supplemented by cantonal measures. The cantons shall coordinate their measures with the FOEN, and make their documentation available to it.2 The FOEN, the FOC and FEDRO shall conduct success evaluations to check that the legally required measures have been implemented and to assess their suitability. They shall cooperate closely with the federal offices and the cantons concerned.74 Inserted by No I of the O of 19 June 2000, in force since 1 Aug. 2000 (AS 2000 1869). Art. 27b75 Geoinformation  The FOEN shall provide the minimum geodata models and representation models for basic geographical data under this Ordinance for which it is designated as the federal specialist agency in Annex 1 to the Geoinformation Ordinance of 21 May 200876.75 Inserted by Annex 2 No 2 of the O of 21 May 2008 on Geoinformation, in force since 1 July 2008 (SR 510.620).76 SR 510.620Section 5 Final Provisions  Art. 28 Repeal of current legislation  The following are repealed:a.die Implementation Ordinance of 27 December 196677 to the Federal Act on the Protection of Nature and Cultural Heritage;b.the Federal Council Decree of 6 June 198878 on the Application of Article 18d NCHA.77 [AS 1966 1646, 1977 2273 No I 41, 1985 670 No I 5, 1986 988]78 Not published in the AS.Art. 29 Transitional provision  1 Until the Federal Council has designated the biotopes of national importance (Art. 16) and the mire landscapes of outstanding beauty and national importance (Art. 22) and until the various inventories have been finalised,a.the cantons shall ensure through immediate and suitable measures that any deterioration in the condition of biotopes considered to be of national importance on the basis of available knowledge and documentation is prevented;b.79in response to specific requests for subsidies, the FOEN shall assess the importance of a biotopes or mire landscape on the basis of available knowledge and documentation;c.80the cantons shall ensure through immediate and suitable measures that any deterioration in the condition of mire landscapes considered to be of outstanding beauty and national importance on the basis of available knowledge and documentation is prevented.2 Financing in terms of paragraph 1 letters a and b is provided in accordance with Article 17 and 18, and financing in terms of paragraph 1 letter c is provided in accordance with Article 22.813 The federal authorities and agencies and of federal institutions and enterprises shall take immediate measures as specified in paragraphs 1 letters a and c in the fields for which they are responsible in accordance with the applicable special federal legislation.8279 Amended by No I of the O of 18 Dec. 1995, in force since 1 Feb. 1996 (AS 1996 225).80 Amended by No I of the O of 18 Dec. 1995, in force since 1 Feb. 1996 (AS 1996 225).81 Amended by No I 2 of the O of 28 jan. 2015 on Amendments to the O on the Environment, in particular in relation to the programme agreements for the programme period 2016–2019, in force since 1 March 2015 (AS 2015 427).82 Inserted by No I of the O of 18 Dec. 1995, in force since 1 Feb. 1996 (AS 1996 225). Art. 30 Commencement  This Ordinance comes into force on 1 February 1991.Annex 183 83 Amended by No II of the O of 19 June 2000, in force since 1 Aug. 2000  (AS 2000 1869). (Art. 14 para. 3)List of Biotope Types deserving Protection ScientificGermanBeds of springs, waterbodiesAdiantionKalktuff-FelsspaltengesellschaftenCratoneurion (commutati)Kalk-QuellflurCardamino-MontionWeichwasser-QuellflurRanunculion fluitantisBrachsmen- and Barbenregion (Epipotamon)Glycerio-SparganionBach- and FlussröhrichtCharionArmleuchteralgenrasenPotamionLaichkrautgesellschaftenLemnionWasserlinsengesellschaftenNymphaeionSeerosengesellschaftenRaised bogs, transition bogsSphagnion magellaniciTorfmoos-HochmoorCaricion lasiocarpaeÜbergangsmoorSphagno-UtricularionWasserschlauch-MoortümpelgesellschaftenBetulion pubescentisBirken-MoorwaldPiceo-Vaccinienion uliginosi (Sphagno-Pinetum mugi)Torfmoos-BergföhrenwaldSphagno-PiceetumTorfmoos-FichtenwaldWaterside areas, silted-up areas, fenlandsPhragmitionStillwasser-RöhrichtPhalaridionLandschilf-RöhrichtLittorellionStrandlingsgesellschaftenMagnocaricionGrossseggenriedCladietumSchneidbinsenriedCaricion fuscaeSaures KleinseggenriedCaricion davallianae, RhynchosporionKalk-KleinseggenriedCalthionSumpfdotterblumenwieseMolinionPfeifengraswieseFilipendulionSpierstaudenflurDry grasslands, low-nutrient meadows and pasturesAlysso-SedionThermophile KalkfelsgrusflurCaricion ferrugineaeRostseggenhaldeElynionNacktriedrasenArabidion caeruleaeKalk-SchneetälchenSalicion herbaceaeSauerboden-SchneetälchenStipo-PoionInneralpine FelsensteppeCirsio-BrachypodionKontinentaler HalbtrockenrasenXerobromionSubatlantischer dry grasslandsDiplachnionInsubrischer dry grasslandsMesobromionSubatlantischer HalbtrockenrasenAlluvial zone vegetationEpilobion fleischeriAlluvionen mit krautiger PioniervegetationCaricion bicolori-atrofuscaeSchwemmufervegetation alpiner WildbächeNanocyperionZwergbinsen-AnnuellenflurBidentionNitrophile AnnuellenvegetationSalicion elaeagniGebirgsweidenaueSalicion cinereaeMoorweidengebüscheAlnion glutinosaeErlen-BruchwaldSalicion albaeSilberweiden-AuenwaldAlnion incanaeGrauerlen-AuenwaldFraxinionEschen-AuenwaldGorge forests, escarpment forests and dry forestsLunario-AcerionBergahorn-SchluchtwaldTilion platyphylliWärmeliebender Linden-MischwaldCephalanthero-FagenionOrchideen-BuchenwaldCarpinion betuliEichen-HainbuchenwaldQuercion pubescenti-petraeaeFlaumeichenwaldOrno-OstryonHopfenbuchenwald der SüdalpenMolinio-Pinion (inkl. Cephalanthero‑Pinion)Pfeifengras-FöhrenwaldErico-Pinion sylvestris, Cytiso‑PinionSubkontinentaler Kalk-FöhrenwaldOnonido-PinionKontinentaler Steppen-FöhrenwaldDicrano-PinionMesophiler Föhrenwald auf SilikatAsplenio-Abieti-Piceetum (Abieti‑Piceion)Blockschutt-Tannen-FichtenwaldLarici-Pinetum cembraeLärchen-ArvenwaldCirsio tuberosi-Pinetum montanae (Erico-Pinion mugo)Knollendistel-BergföhrenwaldFringe communities, bushes and heathlandAegopodion, AlliarionNährstoffreicher mesophiler KrautsaumGeranion sanguineiTrockenwarmer KrautsaumBerberidionTrockenwarme Gebüsche auf basenreichem BodenCalluno-GenistionSubatlantische ZwergstrauchheideJuniperion sabinaeKontinentale ZwergstrauchheideEricion (carneae)Subalpine Heide auf KalkbodenJuniperion nanaeTrockene subalpine ZwergstrauchheideRhododendro-VaccinionMesophile subalpine ZwergstrauchheideLoiseleurio-VaccinionArktisch-alpine ZwergstrauchheideVegetation on rocks, detritus, karsts and screeAsplenion serpentiniSerpentingesteinsflurSedo-VeronicionThermophile SilikatfelsgrusflurThlaspion rotundifoliiAlpine KalkblockflurDrabion hoppeanaeAlpine KalkschieferflurPetasition paradoxiFeuchte Kalkschuttflur der höheren LagenAndrosacion alpinaeAlpine SilikatschuttflurGaleopsion segetumSommerwarme SilikatschuttflurWeeds, ruderal vegetationChenopodion rubriBegleitvegetation der Hackkulturen auf basenarmen BödenAgropyro-RumicionFeuchte TrittflurOnopordion (acanthii)Wärmeliebende RuderalgesellschaftenAnnex 284 84  Amended by No II of the O of 19 June 2000, in force since 1 Aug. 2000  (AS 2000 1869, 2001 1662).(Art. 20 para. 1)List of Protected Plants ScientificGermanAngiospermaeBlütenpflanzenAdonis vernalis L.FrühlingsadonisAndrosace sp.Mannsschild, alle ArtenAnemone sylvestris L.Hügel-WindröschenApium repens (Jacq.) Lag.Kriechender EppichAquilegia alpina L.Alpen-AkeleiArmeria sp.Grasnelke, alle ArtenArtemisia sp. (Artengruppe der A. glacialis)alle kleinen alpinen Edelraute-ArtenAsphodelus albus Mill.AffodillCalla palustris L.DrachenwurzCarex baldensis L.Monte-Baldo-SeggeDaphne alpina L.Alpen-SeidelbastDaphne cneorum L.Flaumiger Seidelbast, FlühröschenDelphinium elatum L.Hoher RitterspornDianthus glacialis HaenkeGletscher-NelkeDianthus gratianopolitanus Vill.Grenobler NelkeDianthus superbus L.Pracht-NelkeDictamnus albus L.DiptamDracocephalum sp.Drachenkopf, beide ArtenDroseraceaeSonnentaugewächse, inkl. WasserfalleEphedra helvetica C. A. Mey.Schweizerisches MeerträubchenEriophorum gracile RothSchlankes WollgrasEritrichium nanum (L.) GaudinHimmelsheroldEryngium alpinum L.Alpen-Mannstreu, AlpendistelEryngium campestre L.Feld-MannstreuErythronium dens-canis L.HundszahnFritillaria meleagris L.Gewöhnliche SchachblumeGentiana pneumonanthe L.Lungen-EnzianGladiolus sp.Gladiole, alle ArtenInula helvetica WeberSchweizerischer AlantIris pseudacorus L.Gelbe SchwertlilieIris sibirica L.Sibirische SchwertlilieLeucojum aestivum L.Spätblühende KnotenblumeLilium bulbiferum L. s.l.Feuerlilie, beide UnterartenLilium martagon L.TürkenbundLindernia procumbens (Krock.) PhilcoxBüchsenkrautMelampyrum nemorosum L.Hain-WalchtelweizenMyosotis rehsteineri Wartm.Bodensee-VergissmeinnichtNuphar sp.Teichrose, alle ArtenNymphaea alba L.Weisse SeeroseOrchidaceaeOrchideengewächse, alle ArtenPaeonia officinalis L.PfingstrosePapaver f. alpinum (aurantiacum, sendtneri, occidentale)Alpen-Mohn, alle ArtenParadisea liliastrum (L.) Bertol.Trichterlilie, ParadiesliliePulsatilla vulgaris Mill.Gewöhnliche KüchenschelleSaxifraga hirculus L.Goldblumiger SteinbrechSempervivum grandiflorum Haw.Gaudins HauswurzSempervivum wulfenii Mert. & W.D.J. KochWulfens HauswurzSilene coronaria (L.) Desr.KranzradeSisymbrium supinum L.Niederliegende RaukeSorbus domestica L.Speierling, SperberbaumTrapa natans L.WassernussTrifolium saxatile All.Stein-KleeTulipa sp.Tulpe, alle ArtenTypha minima HoppeKleiner RohrkolbenTypha shuttleworthii W. D. J. Koch & Sond.Shuttleworths RohrkolbenPteridophytaFarneAdiantum capillus-veneris L.VenushaarBotrychium sp. (ausgenommen B. lunaria)Traubenfarn, alle Arten ausser Gemeiner MondrauteMarsilea quadrifolia L.KleefarnMatteuccia struthiopteris (L.) Tod.StraussfarnPhyllitis scolopendrium (L.) NewmanHirschzungePolystichum braunii (Spenn.) FéeAlex. Brauns SchildfarnPolystichum setiferum (Forssk.) Woyn.Borstiger SchildfarnBryophytaMooseBarbula asperifolia Mitt.Breutelia chrysocoma (Hedw.) Lindb.GoldschopfmoosBryum versicolor B. & S.ein BirnmoosDrepanocladus vernicosus (Mitt.) Warnst.ein SichelmoosFrullania parvistipula Steph.ein Sack-LebermoosLeucobryum glaucum aggr.Weissmoos, “Klumpenmoos“Phaeoceros laevis ssp. carolinianus (Michx.) Prosk.GelbhornmoosRiccia breidleri Steph.Breidlers Stern-LebermoosRicciocarpos natans (L.) CordaSchwimm-LebermoosSphagnum sp.Torfmoose od. Bleichmoose, alle ArtenTayloria rudolphiana (Garov.) B., S. & G.Rudolphs TrompetenmoosLichenesGrossflechtenGyalecta ulmi (Sw.) Zahlbr.Heterodermia sp.alle ArtenHypotrachina laevigata (Sm.) HaleLeptogium burnetiae DodgeLeptogium hildenbrandii (Garov.) Nyl.Lobaria sp.Lungenflechte, alle ArtenNephroma expallidum (Nyl.) Nyl.Nephroma laevigatum Ach.Parmotrema reticulatum (Taylor) ChoisyParmotrema stuppeum (Taylor) HalePeltigera hymenina (Ach.) DeliseRamalina dilacerata (Hoffm.) Hoffm.Ramalina roesleri (Hochst. ex Schaerer) HueSphaerophorus globosus (Hudson) VainioSphaerophorus melanocarpus (Sw.) DC.Squamarina lentigera (Weber) PoeltStereocaulon sp.alle ArtenSticta sp.Grübchenflechten, alle ArtenUsnea cornuta (Körber)Usnea glabrata (Ach.) VainioUsnea longissima Ach.EngelshaarflechteUsnea wasmuthii (Räsänen)BasidiomycetesGrosspilzeBoletus regius KrombholzEchter KönigsröhrlingClavaria zollingeri LéveilleAmethystfarbige KeuleHygrocybe calyptraeformis (Berk. & Br.) FayodRosaroter SaftlingLariciformes officinalis (Vill.: Fr.) Kotl. & Pouz.Lärchen-BaumschwammLyophyllum favrei Haller & HallerGelbblättriger KarminschwärzlingPluteus aurantiorugosus (Trog.) Sacc.Orangeroter DachpilzSarcodon joeides (Pass.) Pat.Violettfleischiger BraunsporstachelingSquamanita schreieri ImbachGelber SchuppenwulstlingSuillus plorans (Roll.) Sing.Arven-RöhrlingTricholoma caligatum (Viv.) Rick.Krokodil-RitterlingTricholoma colossum (Fr.) QuéletRiesen-RitterlingVerpa conica Swartz ex Pers. (=V. digitaliformis)Fingerhut-VerpelAnnex 385 85 Amended by No II of the O of 19 June 2000, in force since 1 Aug. 2000  (AS 2000 1869). (Art. 20 para. 2)List of Protected Animals ScientificGermanInvertebrata WirbelloseMolluscaWeichtiere (Schnecken, Muscheln)Charpentieria thomasiana (Pini)Studers SchliessmundschneckeTandonia nigra (K. Pfeiffer)Schwarzer KielschnegelTrichia biconica (Eder)Nidwaldner HaarschneckeUnio crassus PhilipssonKleine Flussmuschel, Gemeine BachmuschelUnio mancus LamarckSüdliche MalermuschelZoogenetes harpa (Say)HarfenschneckeInsectaInsektenOdonataLibellenAeshna caerulea Ström.Alpen-MosaikjungferAeshna subarctica WalkerHochmoor-MosaikjungferBoyeria irene Fonsc.BoyeriaCalopteryx virgo meridionalis SelysSüdliche PrachtlibelleCeriagrion tenellum VillersSpäte AdonislibelleCoenagrion lunulatum Charp.Mond-AzurjungferCoenagrion mercuriale Charp.Helm-AzurjungferEpitheca bimaculata Charp.ZweifleckGomphus simillimus SelysGelbe KeiljungferGomphus vulgatissimus L.Gemeine KeiljungferLestes dryas KirbyGlänzende BinsenjungferLeucorrhinia albifrons Burm. Oestliche MoosjungferLeucorrhinia caudalis Charp.Zierliche MoosjungferLeucorrhinia pectoralis Charp.Grosse MoosjungferNehalennia speciosa Charp.ZwerglibelleOnychogomphus forcipatus L.Kleine ZangenlibelleOnychogomphus uncatus Charp.Grosse ZangenlibelleOphiogomphus cecilia Fourc.Grüne KeiljungferOxygastra curtisii DaleGekielte SmaragdlibelleSympecma braueri BianchiSibirische WinterlibelleSympetrum depressiusculum SelysSumpf-HeidelibelleSympetrum flaveolum L.Gefleckte HeidelibelleMantodeaFangschreckenMantis religiosa L.GottesanbeterinOrthopteraGeradflügler (Heuschrecken, Grillen)Aiolopus thalassinus (Fabr.)Grüne StrandschreckeCalliptamus italicus (L.)Italienische SchönschreckeCalliptamus siciliae RammeProvence-SchönschreckeChrysochraon keisti NadigSchweizer GoldschreckeEpacromius tergestinus (Charp.)Fluss-StrandschreckeEphippiger ephippiger vitium ServilleSteppen-SattelschreckeLocusta migratoria cinerascens (Fabr.)WanderheuschreckeOedaleus decorus (Germar6)KreuzschreckeOedipoda caerulescens (L.)Blauflügelige ÖdlandschreckeOedipoda germanica (Latr.)Rotflügelige ÖdlandschreckePachytrachis striolatus (Fieber)Gestreifte SüdschreckePholidoptera littoralis insubrica NadigFiebers StrauchschreckePlatycleis tessellata (Charp.)Braunfleckige BeissschreckePolysarcus denticauda (Charp.)Gemeine WanstschreckePsophus stridulus (L.)Rotflügelige SchnarrschreckeSaga pedo (Pallas)Steppen-SägeschreckeSphingonotus caerulans (L.)Blauflügelige SandschreckeStethophyma grossum (L.)SumpfschreckeTettigonia caudata (Charp.)Östliches HeupferdNeuroptera, AscalaphidaeNetzflüglerLibelloides sp.Schmetterlingshafte, beide ArtenLepidoptera, PapilionideaTagfalterArethusana arethusa Denis & Schiff. RotbindensamtfalterChazara briseis L.FelsenfalterCoenonympha hero L.WaldwiesenvögelchenCoenonympha oedippus Fabr. MoorwiesenvögelchenErebia christi RaetzerRaetzers MohrenfalterErebia nivalis Lorkovic & de LesseErebia sudetica StaudingerSudeten-MohrenfalterEurodryas aurinia aurinia Rott. Skabiosenscheckenfalter, collin-montanIolana iolas (Ochs.)BlasenstrauchbläulingLimenitis populi L.Grosser EisvogelLopinga achine Scop.Gelbringfalter, BacchantinLycaeides argyrognomon Bergstr.Kronwicken- or Gemeiner BläulingLycaena dispar HaworthGrosser Feuerfalter, AmpferfeuerfalterMaculinea alcon (Denis & Schiff.)Lungenenzian BläulingMaculinea arion L.Schwarzgefleckter Bläuling, Quendel‑AmeisenbläulingMaculinea nausithous Bergstr.Schwarzblauerbläuling, Dunkler MoorbläulingMaculinea teleius Bergstr.Grosser Moorbläuling, Heller Wiesenknopf-AmeisenbläulingMellicta britomartis AssmannÖstlicher ScheckenfalterMellicta deione Dup. Parnassius apollo L.ApollofalterParnassius mnemosyne L.Schwarzer ApollofalterLepidoptera, HesperioideaDickkopffalterCarcharodus baeticus RamburAndorn-DickkopffalterPyrgus cirsii RamburSpätsommer-WürfelfalterLepidoptera, SphingidaeSchwärmer (Nachtfalter)Hyles hippophaes EsperSanddorn-, KreuzdornschwärmerProserpinus proserpina PallasNachtkerzen-, Kleiner OleanderschwärmerLepidoptera, LasiocampidaeGlucken, Wollspinner (Nachtfalter)Eriogaster catax L.Heckenwollafter, HeckenwollspinnerColeoptera, CarabidaeLaufkäferAbax oblongus Dej.Calosoma inquisitor (L.)Kleiner PuppenräuberCalosoma sycophanta (L.)Grosser PuppenräuberCarabus creutzeri Fabr. Cychrus cordicollis Chaud.Cymindis variolosa (Fabr.)Licinus cassideus (Fabr.)Nebria crenatostriata BassiPlatynus cyaneus (Dej.)Poecilus kugelanni (Panz.)Trechus laevipes Jeann.Coleoptera, DysticidaeEchte SchwimmkäferGraphoderus bilineatus (Geer)Schmalbindiger BreitflügeltauchkäferColeoptera, BuprestidaePrachtkäferAnthaxia candens (Panz.)Anthaxia hungarica (Scop.)Anthaxia manca (L.)Chalcophora mariana (L.)MarienprachtkäferCoroebus florentinus (Herbst)Coroebus undatus (Fabr.)Dicerca aenea (L.)Dicerca alni (Fischer)Dicerca berolinensis (Herbst)Dicerca furcata (Thunberg)Dicerca moesta (Fabr.)Eurythyrea austriaca (L.)Eurythyrea micans (Fabr.)Eurythyrea quercus (Hbst.)Poecilonota variolosa (Paykull)Scintillatrix dives (Guillebeau)Scintillatrix mirifica (Mulsant)Scintillatrix rutilans (Fabr.)Coleoptera, ScarabaeidaeBlatthornkäferOryctes nasicornis (L.)NashornkäferOsmoderma eremita (Scop.)EremitPolyphylla fullo (L.)WalkerColeoptera, LucanidaeHirschkäferLucanus cervus (L.)Hirschkäfer, HornschröterColeoptera, CerambycidaeBockkäferAkimerus schaefferi (Laich.)Cerambyx cerdo L.Eichenheldbock, EichenspiessbockCerambyx miles BonelliCorymbia cordigera (Fuesslins)Dorcadion aethiops (Scop.)Dorcadion fuliginator (L.)Grasbock, ErdbockDorcatypus tristis (L.)Ergates faber (L.)MulmbockLamia textor (L.)WeberbockLepturobosca virens (L.)Mesosa curculionoides (L.)Morimus asper SulzerNecydalis major L.Necydalis ulmi ChevrolatPachyta lamed (L.)Pedostrangalia revestita (L.)Plagionotus detritus (L.)Purpuricenus kaehleri (L.)Blutbock, PurpurbockRhamnusium bicolor (Schrank)Rosalia alpina (L.)AlpenbockSaperda octopunctata (Scop.)Saperda perforata (Pallas)Saperda punctata (L.)Saperda similis Laich. Tragosoma depsarium (L.)ZottenbockHymenoptera, FormicidaeHautflüglerFormica s.str. (rufa, aquilonia, lugubris, paralugubris, polyctena, pratensis, truncorum)hügelbildende Rote Waldameisen (Formica rufa-Gruppe)Polyergus rufescens (Latr.)Amazon-AmeiseVertebrata WirbeltiereAmphibiaalle Amphibien (Frösche, Unken, Kröten, Salamander, Molche)Reptiliaalle Reptilien (Sumpfschildkröte, Schlangen, Eidechsen, Blindschleichen)MammaliaSäugetiereInsectivoraInsektenfresserCrocidura leucodon (Hermann)FeldspitzmausCrocidura suaveolens (Pallas)GartenspitzmausNeomys anomalus CabreraSumpfspitzmausNeomys fodiens PennantWasserspitzmausRodentiaNagetiereDryomys nitedula (Pallas)BaumschläferMicromys minutus (Pallas)ZwergmausMuscardinus avellanarius L.HaselmausChiropteraalle FledermäuseAnnex 486 86 Amended by No II of the O of 19 June 2000, in force since 1 Aug. 2000  (AS 2000 1869, 2001 1662). (Art. 20 para. 4)List of Species to be protected at Cantonal Level Plant species ScientificGermanAngiospermaeBlütenpflanzenBromus grossus DC.Dickährige TrespeCaldesia parnassifolia (L.) Parl.CaldesieNajas flexilis (Willd.) Rostk. & W.L.E. SchmidtBiegsames NixenkrautBryophytaMoose (Laub-, Leber- and Hornmoose)Andreaea blyttii Schimp. ssp. angustata (Limpr.) Schultze-Mot. (=A. heinemannii)Blytts KlaffmoosAndreaea rothii Web. & MohrRoths KlaffmoosAtractylocarpus alpinus (Milde) Lindb.Barbula rigidula ssp. verbana (Nich.&Dix.) Podp.Bryum argenteum ssp. veronense (De Not.) Amann(Silber-)BirnmoosBuxbaumia viridis (Lam. & DC.) Moug. & Nestl.Grünes KoboldmoosDicranum viride (Sull. & Lesq.) Lindb.Grünes Besenmoos, GabelzahnmoosDistichophyllum carinatum Dix. & Nich.Gekieltes ZweizeilblattmoosFrullania cesatiana De Not.ein Sack-LebermoosHypnum sauteri Schimp.ein SchlafmoosJamesoniella undulifolia (Nees) K. Müll.Mannia triandra (Scop.) Grolleein ZwerglungenmoosMeesia longiseta Hedw.ein Zeilenmoos («Schwanenhalsmoos»)Orthotrichum rogeri Brid.Rogers KapuzenmoosOrthotrichum scanicum Grönv.ein KapuzenmoosPseudoleskea artariae Thér.Pyramidula tetragona (Brid.) Brid.Viereckiges PyramidenmoosScapania helvetica Gott.ein Spaten-LebermoosScapania massalongi (K. Müll.) K. Müll.Massalongs SpatenmoosScapania scapanioides (Mass.) Grolleein Spaten-LebermoosSeligeria austriaca Schauerein ZwergmoosSeligeria carniolica (Breidl. & Beck) Nyh.ein ZwergmoosTetrodontium ovatum (Funck) Schwaegr.Ulota rehmannii Jur. ssp. macrospora (Bauer & Warnst.) Podp. (=U. macrospora)ein KrausblattmoosAnimal species AnnelidaRingelwürmerHirudo officinalis L.BlutegelMolluscaWeichtiere (Schnecken, Muscheln)Helix pomatia L.WeinbergschneckeMammaliaSäugetiereInsectivoraInsektenfresserErinaceus europaeus L.IgelSoricidae, sp.Spitzmäuse, alle ArtenRodentiaNagetiereGliridae, sp.Schläfer, alle Arten


text: 451.36English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.Ordinanceon Parks of National Importance(Parks Ordinance, ParkO)of 7 November 2007 (Status as of 1 April 2018)The Swiss Federal Council,based on Articles 23l and 26 of the Federal Act of 1 July 19661on the Protection of Nature and Cultural Heritage (NCHA),ordains:1 SR 451Chapter 1 Subject Matter and Principles  Art. 1 1 This Ordinance regulates the procedure and the requirements for promoting the establishment, operation and quality assurance of parks of national importance.2 Such promotion shall take equitable account of the biogeographical regions.Chapter 2 Global Financial Aid, Park Label and Product Label  Section 1 Global Financial Aid  Art. 2 Requirements  1 Global financial aid shall be granted:a.for the establishment of a park of national importance, provided a park authority (Art. 25) is designated and the feasibility of establishing, operating and ensuring the quality of the park in accordance with the requirements for the park are demonstrated;b.for managing and ensuring the quality of a park of national importance provided the requirements for the park are fulfilled.2 Financial aid shall be granted only if the canton and the communes whose territory is included in the park, as well as any third parties, participate in an equitable manner in financing the establishment, operation and quality assurance of the park.Art. 3 Application  1 The application by the canton for global financial aid must in particular contain:a.a summary of all efforts made on the territory of the canton to establish and operate parks of national importance;b.for the establishment of a park, a management plan and the constitution of the park authority;c.for the operation of a park, the charter on park management and quality assurance (Art. 26), the constitution of the park authority and proof of the spatial planning safeguards for the park (Art. 27).2 In the case of supra-cantonal park projects, the cantons concerned shall coordinate their applications.Art. 4 Assessment  1 The amount of global financial aid is determined by:a.the extent and the quality of the services that will be provided in order to fulfil the requirements for the park;b.the quality of the provision of those services.2 The amount of global financial aid shall be negotiated between the Federal Office for the Environment (FOEN) and the canton.Art. 5 Programme agreement  1 The FOEN shall enter into a programme agreement with the cantonal authority concerned.2 The programme agreement shall have a maximum term of four years (the programme term).3 Financial aid for the establishment of a park shall be granted in the case of national parks for a maximum of two programme terms and in the case of regional natural parks and nature discovery parks for one programme term.Art. 62 Further procedural provisions  In relation to payments, reporting and controls as well as failure to adequately fulfil the reporting obligation or the obligation to provide services, Articles 10–11 of the Ordinance of 16 January 19913 on the Protection of Nature and Cultural Heritage apply by analogy.2 Amended by No I 25 of the O of 7 Nov. 2007 on the New System of Financial Equalisation and Division of Tasks between the Confederation and the Cantons, in force since  1 Jan. 2008 (AS 2007 5823).3 SR 451.1Section 2 Park Label  Art. 7 Requirement  The park label shall be awarded if the requirements for the park are fulfilled.Art. 8 Application  1 An application for the award of the park label must contain the charter on park operation and quality assurance, the constitution of the park authority and proof of the spatial planning safeguards applicable to the park.2 An application for renewal of the park label must also contain a report on the services that have been provided in fulfilment of the park requirements.3 The park authority must submit the application to the canton. In the case of supra-cantonal projects, it must submit the application to all the cantons concerned.4 The cantons shall examine the application documents and the requirements for the award and forward the application together with their proposals to the FOEN.Art. 9 Award  1 The FOEN shall award the park label to the park authority.2 The park label shall be awarded for a period of ten years.Art. 10 Exploitation  1 The park authority may exploit the park label only to publicise the park.2 The exploitation of the park label in order to advertise individual goods or services is prohibited.3 If the requirements for the award or the requirements for exploitation are no longer fulfilled, the FOEN shall allow a period within which to remedy the deficiencies. If the deficiencies are not remedied within the period allowed, the park label shall be revoked.Section 3 Product Label  Art. 11 Requirements  The product label shall be awarded if:a.the product or service is primarily manufactured or provided in the park using local resources and in accordance with the principles of sustainable development;b.a specification for the product or service is provided that has been approved by the park authority in consultation with the FOEN, attesting to the fulfilment of the requirements for the award.Art. 12 Application  1 The application must contain the designation of the product or service and the approved specifications.2 Individual persons and businesses or groups of persons and businesses that wish to mark specific goods or designate specific services with the product label may submit an application for the award of the product label to the park authority.Art. 13 Award  1 The park authority shall award the product label provided a certification agency that is accredited for the field of application of this Ordinance under Article 14 of the Accreditation and Designation Ordinance of 17 June 19964 has certified compliance with the requirements for the award.2 It shall award the product label for the term of certification.3 If certification is revoked during this term, the park authority shall revoke the product label.4 SR 946.512Art. 14 Exploitation  The product label may only be used for marking and marketing the goods and services for which it was awarded.Chapter 3 Requirements for Parks of National Importance  Section 1 High Natural and Landscape Values  Art. 15 1 The territory of a park of national importance shall be characterised by its high natural and landscape values, and in particular by:a.the diversity and rarity of the indigenous animal and plant species as well as their habitats;b.the exceptional beauty and the character of the landscape;c.a low level of disturbance, by buildings, installations and uses, of the habitats of indigenous animal and plant species as well as of the landscapes and sites of local character.2 The territory of regional natural parks and of buffer zones in national parks shall also be characterised by the uniqueness and special quality of the cultural landscape as well as by historically significant sites and monuments.Section 2 National Parks  Art. 16 Area  1 The area of the core zone of a national park shall amount to at least:a.100 km2 in the Alpine foothills and Alps;b.75 km2 in the Jura and on the south side of the Alps;c.50 km2 on the Swiss Plateau (Mittelland).2 The core zone may be made up of unconnected sub-areas provided:a.the total surface area of the core zone exceeds the minimum area in terms of paragraph 1 by at least 10 per cent; andb.free natural development is guaranteed.3 At least 25 km2 of the core zone shall be located below the tree line.3bis Part of the core zone may lie in a neighbouring foreign country provided half of the minimum area is located in Switzerland and the other requirements of this Article for the core zone are met.54 The buffer zone shall, as far as possible, surround the core zone completely. It shall have an area that is in appropriate proportion to the area of the core zone.5 Inserted by No I of the O of 21 Feb. 2018, in force since 1 April 2018 (AS 2018 959).Art. 17 Core zone  1 To enable free natural development, the following are prohibited in the core zone:a.leaving the paths and routes provided, and bringing in animals;b.the use of any vehicles;c.6taking-off or landing using any civilian, manned aircraft, unless authorisation has been granted under Article 19 paragraph 3 letter a or 28 paragraph 1 of the Off-Airport Landing Ordinance of 14 May 20147.cbis.8the operation of unmanned civilian aircraft;d.the construction of buildings and installations as well as terrain modification;e.use for agriculture or forestry, with the exception of traditional grazing use in clearly defined areas;f.fishing and hunting, with the exception of the regulation of stocks of game species in order to prevent significant damage caused by game;g.the collection of rocks, minerals, fossils, plants and fungi as well as the trapping of animals.2 Derogations from the regulations in paragraph 1 are permitted, provided they are minor and are made for good cause.3 The continued existence of existing buildings and installations is guaranteed. If an existing building or installation is not in the public interest, it must be removed when the opportunity arises. There is a public interest in particular if the existing building or installation has been made subject to a preservation order by the responsible authority.4 …96 Amended by Annex No 1 of the Off-Airport Landing Ordinance of 14 May 2014, in force since 1 Sept. 2014 (AS 2014 1339).7 SR 748.132.38 Inserted by No I of the O of 21 Feb. 2018, in force since 1 April 2018 (AS 2018 959).9 Repealed by No I of the O of 21 Feb. 2018, with effect from 1 April 2018 (AS 2018 959).Art. 18 Buffer zone  1 Within the buffer zone, for the maintenance and near-natural management of the countryside and for its protection against detrimental intrusions:a.the ecological functions of the areas used for agriculture, the forest and the watercourses must be preserved and encouraged;b.use for the purposes of tourism and recreation must be organised in an ecological manner;c.the landscapes and sites of local character must be preserved and as far as possible enhanced;d.the habitats of indigenous animal and plant species that are worthy of protection must be enhanced and linked;e.in the case of new buildings, installations and uses, the character of the landscapes and sites of local character must be preserved and enhanced;f.existing disturbances to the landscapes and sites of local character by buildings, installations or uses must be minimised or eliminated when the opportunity arises.2 The sustainable use of the natural resources of the buffer zone must be encouraged.Section 3 Regional Nature Parks  Art. 19 Area  1 The area of a regional natural park shall amount to at least 100 km2.2 It shall include the entire territory of the communes concerned. Derogation from this principle is permitted if:a.a large area that is delimited naturally is being incorporated into the area of a regional nature park;b.the rural part of an extended agglomeration commune with urban residential character contributes to rounding off the area of a regional nature park.Art. 20 Preservation and enhancement of nature and landscape  In a regional natural park, in order to preserve and enhance the quality of nature and the landscape:a.the diversity of the indigenous animal and plant species, the types of habitat as well as the landscapes and sites of local character must be preserved and as far as possible enhanced;b.the habitats of indigenous animal and plant species that are worthy of protection must be enhanced and linked;c.in the case of new buildings, installations and uses, the character of the landscapes and sites of local character must be preserved and enhanced;d.existing impairments to the landscapes and sites of local character by buildings, installations or uses must be minimised or eliminated when the opportunity arises.Art. 21 Encouraging sustainable business activities  In regional nature parks, in order to encourage sustainable business activities, the following shall be required in particular:a.the use of local natural resources in an environmentally sound manner;b.the strengthening of regional production and of the marketing of products produced in the park;c.the encouraging of services directed towards near-natural tourism and environmental education;d.support for the use of environmentally sound technologies.Section 4 Nature Discovery Parks  Art. 22 Area and location  1 The area of the core zone of a nature discovery park shall amount to at least 4 km2.2 The core zone may be composed of unconnected sub-areas provided:a.the total surface area of the core zone exceeds the minimum area in terms of paragraph 1 by at least 10 per cent; andb.free natural development is guaranteed.3 The transition zone shall, as far as possible, surround the core zone completely. It shall have an area that is in appropriate proportion to the area of the core zone.4 A nature discovery park shall be located within a maximum radius of 20 kilometres from the centre of an agglomeration and at a similar elevation.5 It shall be easily accessible using public transport.Art. 23 Core zone  1 To enable free natural development, the following are prohibited in the core zone:a.leaving the paths and routes provided and bringing in animals, with the exception of dogs, which must be kept on a leash;b.the use of any vehicle with exception of non-motorised vehicles on routes marked in accordance with Article 54a of the Road Signs Ordinance of 5 September 197910;c.the construction of buildings and installations as well as terrain modification;d.use for agriculture or forestry;e.fishing and hunting, with the exception of the regulation of stocks of game species in order to prevent significant damage caused by game;f.the collection of rocks, minerals, fossils, plants and fungi as well as the trapping of animals.2 Derogations from the regulations in paragraph 1 are permitted, provided they are minor and are made for good cause.3 The continued existence of existing buildings and installations is guaranteed. If an existing building or installation is not in the public interest, it must be removed when the opportunity arises. There is a public interest in particular if the existing building or installation has been made subject to a preservation order by the responsible authority.10 SR 741.21Art. 24 Transition zone  In the transition zone, to make it possible for nature to be experienced and to ensure that the transition zone fulfils its buffer function in relation to the core zone:a.suitable measures must be taken for the environmental education of the visitors;b.agricultural and forestry uses as well as new buildings and installations that prejudice the development of unspoiled habitats for indigenous animal and plant species are prohibited;c.habitats for indigenous animal and plant species that are worthy of protection must be enhanced and linked;d.access must be limited and the collection of rocks, minerals, fossils, plants and fungi as well as the trapping of animals must be restricted if this is required to protect indigenous animal and plant species.Section 5 Long-Term Guarantee  Art. 25 Park authority  1 The park authority must have the legal form, organisation and financial resources that guarantee the establishment, operation and quality assurance of the park.2 Communes located within the perimeter of the park must be properly represented in the park authority.3 In relation to the establishment and management of the park, the park authority must:a.guarantee the participation of the local population;b.enable the participation of interested businesses and organisations in the region.Art. 26 Charter  1 The park authority and the communes concerned must, in consultation with the canton, draw up and implement a charter on park management and quality assurance.2 The charter shall regulate:a.the maintenance of the natural, landscape and cultural values of the park;b.the enhancement and development measures in the territory of the park;c.the alignment of activities carried out by the communes and that affect land use with  the requirements to be fulfilled by the park;d.the investment planning for the provision of human and financial resources as well as the required infrastructure for park management and quality assurance.3 The charter must be concluded for a term of at least ten years.Art. 27 Spatial planning safeguards and co-ordination of activities affecting land use  1 The park must be marked on the structure plan approved in accordance with Article 11 paragraph 1 of the Spatial Planning Act of 22 June 197911.2 The authorities responsible for planning matters under the Spatial Planning Act of 22 June 1979 must:a.adapt the land use plans in accordance with the Spatial Planning Act to the extent required by the guarantee of the fulfilment of park requirements;b.publicise in an appropriate manner the regulations on the protection of core zones of national parks and nature discovery parks.11 SR 700Chapter 4 Research and Cooperation between Parks  Art. 28 1 The FOEN, together with the park authorities, the cantons concerned and institutions responsible for the promotion of research shall ensure the coordination of research on parks, where such research relates to several parks. It may issue recommendations on research in parks.2 It shall ensure cooperation and knowledge transfer among parks and with parks abroad. It may delegate these tasks to an umbrella organisation for Swiss Parks.1212 Amended by No I of the O of 21 Feb. 2018, in force since 1 April 2018 (AS 2018 959).Chapter 5 Final Provisions  Art. 29 Implementation  1 The FOEN shall be the federal office responsible for parks of national importance.2 It shall implement this Ordinance.3 While fulfilling its tasks, it shall work in close cooperation in particular with the federal agencies responsible for agriculture, spatial development, regional policy, infrastructure facilities, national defence, sport, cultural heritage and preservation of historic monuments as well as with the cantons.4 It shall ensure the protection under trademark law of park label and the product label in accordance with the Trademark Protection Act of 28 August 199213, the control of the exploitation of the park label and of the product label as well as their publication.5 After consulting the cantons, it shall issue guidelines on the award and exploitation of the park label and the product label as well as on the granting of global financial aid. It shall issue the guidelines on the award and exploitation of the product label in agreement with the Federal Office for Agriculture and the State Secretariat for Economic Affairs.13 SR 232.11Art. 30 Transitional provision  The requirement contained in Article 27 paragraph 1 is regarded as fulfilled if the canton submits the amendment to the cantonal structure plan to the federal office concerned for approval by 31 December 2009.Art. 31 Commencement  This Ordinance comes into force on 1 December 2007.