Parks Ordinance (ParkO)

By Steph2
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In The Matter OfParks Ordinance (ParkO)
Exhibit A
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English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.

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. 6 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 1991 on the Protection of Nature and Cultural Heritage apply by analogy.

Art. 6 — 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). SR 451.1

Section 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 1996 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.

Para. 1 — SR 946.512

Art. 14 Exploitation

The product label may only be used for marking and marketing the goods and services for which it was awarded.