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.
451.36
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
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 19661
on the Protection of Nature and Cultural Heritage (NCHA),
ordains:
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.
1 Global financial aid shall be granted:
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.
1 The application by the canton for global financial aid must in particular contain:
2 In the case of supra-cantonal park projects, the cantons concerned shall coordinate their applications.
1 The amount of global financial aid is determined by:
2 The amount of global financial aid shall be negotiated between the Federal Office for the Environment (FOEN) and the canton.
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.
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).
The park label shall be awarded if the requirements for the park are fulfilled.
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.
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.
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.
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.
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.
The product label may only be used for marking and marketing the goods and services for which it was awarded.
1 The territory of a park of national importance shall be characterised by its high natural and landscape values, and in particular by:
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.
1 The area of the core zone of a national park shall amount to at least:
2 The core zone may be made up of unconnected sub-areas provided:
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.5
4 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).
1 To enable free natural development, the following are prohibited in the core zone:
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 ...9
6 Amended by Annex No 1 of the Off-Airport Landing Ordinance of 14 May 2014, in force since 1 Sept. 2014 (AS 2014 1339).
8 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).
1 Within the buffer zone, for the maintenance and near-natural management of the countryside and for its protection against detrimental intrusions:
1 The area of a regional natural park shall amount to at least 100 km2.
In a regional natural park, in order to preserve and enhance the quality of nature and the landscape:
In regional nature parks, in order to encourage sustainable business activities, the following shall be required in particular:
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:
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.
1 To enable free natural development, the following are prohibited in the core zone:
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.
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:
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:
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:
3 The charter must be concluded for a term of at least ten years.
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:
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.12
12 Amended by No I of the O of 21 Feb. 2018, in force since 1 April 2018 (AS 2018 959).
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.
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.
This Ordinance comes into force on 1 December 2007..