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RS 520.3 Federal Law of 20 June 2014 on the Protection of Cultural Property in the Event of Armed Conflict, Disaster or Emergency (LPBC)

Original Language Title: RS 520.3 Loi fédérale du 20 juin 2014 sur la protection des biens culturels en cas de conflit armé, de catastrophe ou de situation d’urgence (LPBC)

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520.3

Federal Law on the Protection of Cultural Property in the Event of Armed Conflict, Disaster or Emergency * 1

(LPBC)

On 20 June 2014 (State 1 Er January 2016)

The Swiss Federal Assembly,

See art. 61, para. 1 and 2 of the Constitution 2 , pursuant to the Hague Convention of 14 May 1954 for the Protection of Cultural Property in the Event of Armed Conflict 3 (Convention), pursuant to the Regulations of 14 May 1954 of the Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict 4 (Implementing Regulation), under the Hague Protocol of 14 May 1954 for the Protection of Cultural Property in the Event of Armed Conflict (First Protocol) 5 , pursuant to the Second Protocol of 26 March 1999 concerning the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict 6 , (second protocol), given the message of the Federal Council of 13 November 2013 7 ,

Stops:

Section 1 General provisions

Art. 1 Purpose

This Act defines:

A.
Measures to protect cultural property in the event of armed conflict, disaster or emergency;
B.
The tasks of the Confederation and the cantons and their cooperation in the field of the protection of cultural property in the event of armed conflict, disaster or emergency.
Art. 2 Definitions

For the purposes of this Law:

A.
Cultural property: Property, buildings and centres referred to in s. 1 of the Convention;
B.
Cultural property shelters: Protected deposits to house the most important pieces of cultural property collections and archives of national significance;
C.
Shelter: Protected premises temporarily made available by the Confederation and intended for safekeeping in custody of movable cultural property forming part of the cultural heritage of a state and seriously threatened in the territory of the State which Owns or holds them.

Section 2 Tasks and collaboration in the field of the protection of cultural property

Art. 3 Tasks of the Confederation
1 The Confederation shall prepare and implement measures for the protection of cultural property which is its property or is entrusted to it. It may coordinate preparatory measures of national interest.

2 It maintains contacts at the national and international levels in the field of cultural property protection.

3 It may prescribe measures for the protection of cultural property in respect of which Switzerland is interested as a State and of the compulsory measures for the implementation of the Convention and the Second Protocol.

4 It can support the cantons in the creation of security documentation and photographic reproductions of security.

5 The Federal Council regulates the classification of cultural property into categories and sets the criteria.

Art. 4 Tasks of the Federal Office for the Protection of the Population

The Federal Office for the Protection of Population (OFPP) has the following tasks in the field of safeguarding cultural property:

A.
Advising and supporting federal authorities in the field of the protection of cultural property and coordinating the work;
B.
Advising the cantonal authorities in the field of the protection of cultural property and supporting them in the preparation and implementation of measures within their competence;
C.
Informing and advising third parties in the field of the protection of cultural property;
D.
Maintains an inventory of cultural assets of national and regional significance (PBC Inventory), submits it to the Federal Council for approval and publishes it;
E.
Manages the geographical information system for the protection of cultural property in accordance with the legislation on geoinformation 1 ;
F.
Coordinates the tasks relating to applications for special protection (art. 7) or enhanced protection (art. 8);
G.
It forms the civil protection frameworks responsible for the protection of cultural property;
H.
It can train the staff of cultural institutions in the field of cultural property protection; the Federal Council may lay down minimum requirements for training.

Art. 5 Tasks of the cantons

1 Each canton shall designate a competent authority for the protection of cultural property.

2 The cantons designate cultural property situated in their territory which must be protected in the event of armed conflict, disaster or emergency. The designation of cultural property which does not belong to the Confederation or the cantons and the preparation and enforcement of protective measures shall be communicated to the owners.

3 The cantons develop, for their particularly worthy cultural property, security documentation and photographic security reproductions.

4 They plan emergency measures to be taken in the event of fire, building collapse, flooding, earthquake, mudslide or other specific hazards.

5 They are specialists in the protection of cultural property within civil protection.

6 They can provide shelters for cultural property.

7 They can train the staff of cultural institutions in the field of cultural property protection.

Section 3 Measures to protect cultural property

Art. 6

1 The protection of cultural property includes their preservation and respect within the meaning of art. 5 and 6 of the second protocol.

2 The competent authorities shall take all civil measures of a material or organizational nature to prevent or mitigate harmful effects, for cultural property, armed conflict, disaster or emergency.

Section 4 Categories of protection

Art. 7 Special protection

1 The Federal Council may, in cooperation with the canton concerned and for cultural property of national importance, apply to UNESCO for special protection within the meaning of Art. 8 to 11 of the Convention.

2 The Federal Department of Defence, Population and Sports Protection, in agreement with the Federal Department of the Interior, proposes to the Federal Council the filing of an application.

Art. 8 Enhanced protection

1 The Federal Council may, in cooperation with the canton concerned and for cultural property of national importance, apply to UNESCO for enhanced protection within the meaning of Art. 10 to 14 of the second protocol.

2 The Federal Department of Defence, Population and Sports Protection, in agreement with the Federal Department of the Interior, proposes to the Federal Council the filing of an application.

Section 5 Distinctive Sign of Cultural Property

Art. Distinctive sign

1 The distinctive sign of the Convention consists of an ecu, pointed at the bottom, stacked in saltire of blue-king and white (an ecusson consisting of a blue-king square, one of the angles inscribed in the tip of the shield, and a blue-king triangle above the Square, the two delimiting a white triangle on each side).

Image

2 The Federal Council shall lay down the technical requirements for the manufacture of the distinctive sign.

Art. 10 Use of the distinctive sign

1 Cultural property of national significance is reported by a single ecusson.

2 Cultural property under special protection is reported by three badges arranged in the following manner:

Image

3 Cultural property under enhanced protection is reported by at least one ecusson.

4 For the rest, the use of the distinctive sign is governed by s. 17 of the Convention.

Art. 11 Signage

1 The distinctive sign shall be affixed to the order of the Federal Council in the event of the mobilisation of the army or the establishment of civil protection in the context of an armed conflict.

2 The cantons may affix in time of peace the distinctive sign on cultural property of national importance situated on their territory.

Section 6 Shelter

Art. 12

1 Where cultural property is threatened by armed conflicts, disasters or emergencies, the Confederation may provide a refuge within the meaning of art. 2, let. C, if custody in custody of the said cultural property is placed under the patronage of UNESCO.

2 The Federal Council may conclude international treaties to this effect. These treaties regulate:

A.
The terms and conditions of the transportation of cultural property;
B.
The protection, conservation and maintenance of cultural property;
C.
Accessibility to cultural property;
D.
The terms and conditions of exposure and study of cultural property;
E.
The duration of the deposit;
F.
The terms and conditions for the return of cultural property to the State of origin;
G.
Taking charge of the costs of transportation, insurance, deposit and conservation of cultural property;
H.
Insurance for cultural property;
I.
Responsibility for cultural property;
J.
Applicable law;
K.
The competent court.

3 Third parties cannot claim any right as long as cultural property is in Switzerland.

Section 7 Financing

Art. 13 Cost Support

The Confederation is responsible for:

A.
Costs relating to the performance of his duties under s. 3 and 4;
B.
The costs of its assistance as a protective power, the participation in the international supervision of the transport of cultural property and the carrying out of international monitoring tasks within the meaning of the Convention;
C.
The remuneration and expenses of the Commissioner General for Cultural Property, inspectors, experts and delegates of the protective powers within the meaning of Art. 10 of the Regulations.
Art. 14 1

1 Repealed by c. I 1 of the PMQ of 19 June 2015 on the programme of consolidation and review of the tasks 2014, with effect from 1 Er Jan 2016 ( RO 2015 4747 ; FF 2013 757 , 2014 8171).

Art. 15 Procedure

1 The Confederation grants subsidies only when the rest of the funding is guaranteed.

2 The likely financial benefits of implementing protective measures shall be taken into account when determining the amount of the grant.

3 If the OFPP reduces the amount of a grant when approving the request, refuses the grant or reduces the amount of the grant in the revision of the accounts, it must give reasons for its decision. The latter may be subject to opposition within 30 days of its notification.

4 The Federal Council regulates the conditions for obtaining, refusing and reducing subsidies, as well as the terms of payment.

Section 8 Criminal provisions

Art. 16 Misuse of the distinctive sign

Whoever, intentionally and without the right, to obtain the protection of public international law or any other advantage, makes use of the distinctive sign, the word "badge of cultural property" or any other sign or appellation that may lend Is punishable by a custodial sentence of up to three years or a pecuniary penalty.

Art. 17 Misuse of the distinctive sign for commercial purposes

1 Any person who, intentionally and without rights, shall include the distinctive sign or the word "badge of cultural property" or any other sign or appellation which may be confusing on signs, trade papers, goods or on Their packaging, or sells, puts on sale or otherwise puts into circulation goods so marked, is punishable by a fine.

2 If the perpetrator is negligent, the penalty is a fine of not more than 5,000 francs.

Art. 18 Entrave and opposition to the enforcement of protective measures

1 Any person who obstructs or prevents the execution of protective measures ordered by the OFPP or, without the right, removes or unknowns the badges affixed to report protected cultural property, shall be punished with a custodial sentence of three years At most or a financial penalty.

2 If the author acts by negligence, he shall be punished with a pecuniary penalty of up to 180 days.

Art. 19 Criminal prosecution based on other laws

Criminal prosecution based on other laws is reserved.

Art. Criminal prosecution

Prosecution and prosecution of offences is the responsibility of the cantons.

Section 9 Final provisions

Art. Executing

1 The Federal Council shall issue the implementing provisions.

2 The execution shall be the responsibility of the cantons provided that this Law does not assign it to the federal authorities.

Art. Repeal of another act

Federal Act of 6 October 1966 on the Protection of Cultural Property in the Event of Armed Conflict 1 Is repealed.


1 [RO 1968 1065, 1991 857 app. Ch. 11, 2007 5779 ch. II 9, 2008 3437 hp. II 24, 2011 5891 ch. II 2]

Art. Amendment of another Act

... 1


1 The mod. Can be viewed at RO 2014 3545 .

Art. 24 Referendum and entry into force

1 This Law shall be subject to the referendum.

2 The Federal Council shall fix the date of entry into force.


Date of entry into force: 1 Er January 2015 8


RO 2014 3545


1 * The terms designating people also apply to women and men.
2 RS 101
3 RS 0.520.3
4 RS 0.520.31
5 RS 0.520.32
6 RS 0.520.33
7 FF 2013 8051
8 ACF of 20 June 2014


State 1 Er January 2016