¹ This order applies to basic geodata under federal law (basic geodata).

² Annex 1 includes the catalogue of basic geodata.

³ The special provisions of special laws are reserved.

In this order, the following means:

A.

Updating: Continuous or periodic adaptation of basic geodata to changes in position, extension and properties of seized spaces and objects;

B.

Historical development: Recording of the type, extent and date of a modification to basic geodata;

C.

Archiving: Periodic production of copies of data and sustainable and safe storage of data;

D.

Private use: Any use of basic geodata

1.

For personal use or in a circle of closely related persons, such as relatives or friends,

2.

By a teacher and his pupils for educational purposes,

3.

Within enterprises, public administrations, institutions, commissions and the like, for purposes of internal information or documentation;

E.

Commercial use: Any use of basic geodata that does not constitute private use;

F.

Usage intensity: Level of parallel and repeated use reached by the user;

G.

Commercial benefits: Services, products and similar services provided by units of the public administration outside their official business, in competition with private sector suppliers;

H.

Search service: Internet service for the search of geoservices and geodata sets, on the basis of the corresponding geomedata;

I.

Consultation service: Internet service for displaying, enlarging, reducing, moving geo-data sets, superimposing data, displaying relevant geomedata content and navigating within geodata;

J.

Download service: Internet service to download copies of geodata sets or parts thereof and, where possible, to access them directly;

K.

Transformation service: Internet service to transform geodata sets.

¹ The Federal Office of Topography specifies the standards applicable to basic geodata and geomsdata, in cooperation with the other competent specialised services of the Confederation. It takes into account the state of the art and international standardization.

² Basic geodata and geomsdata may only be subject to other quality requirements if provided for in a Federal Council order.

¹ The planimetric reference of the basic geodata is based on one of the following official geodesic descriptions, taking into account the transitional periods laid down in Art. 53, para. 2:

A.

CH1903 planimetric reference system with the MN03 planimetric reference frame, or

B.

CH1903 + planimetric reference system with the MN95 planimetric reference frame.

² The Federal Office of Topography establishes the geodesic definitions and regulates the technical details.

¹ The official altimeter reference of basic geodata is based on the federal levelling of 1902 (NF02). The latter consists of the usual NF02 altitudes of the altimetric fixed points of the national measurements.

² The point of origin of the altitude measurement is the "Repère Pierre du Niton" located in Geneva. The altitude is 373.60 m.

³ Technical details are provided by the Federal Office of Topography.

¹ If other geodetic systems and reference frames, including global or kinematics, are defined or permitted for some basic geodata or for certain forms of input, update or management of basic geodata, the transformation To the systems and frames of reference referred to in s. 4 and 5 must be guaranteed.

² The Federal Office of Topography establishes the geodesic definitions and regulates the technical details.

If other spatial reference systems are used for basic geodata, the transformation to the systems and frames of reference referred to in s. 4 and 5 must be guaranteed.

At least one geodata model is associated with the base geodata.

¹ The competent specialized service of the Confederation prescribes a minimum geodata model. It sets out the structure and degree of specification of the content.

² A geodata model is determined, in addition to the framework established by special laws, by:

A.

Technical requirements;

B.

The prior art.

¹ The description language of geodata models must be a recognized standard.

² The Federal Office of Topography specifies the general description language of the basic geodata. It takes into account the state of the art and international standardization.

³ Geodata models can only be described by a language other than if a Federal Council order provides for it.

¹ The competent specialised service of the Confederation may prescribe one or more models of representation in its field of speciality; where appropriate, it shall describe them. The description includes the degree of specification, the conventional signs and the legends.

² A representation model is determined, in addition to the framework established by special laws, by:

A.

The geodata model;

B.

Technical requirements;

C.

The prior art.

If the special laws do not contain any provisions governing the date and nature of the update, the competent specialized service of the Confederation provides for a minimal concept of updating. The latter takes into account:

A.

Specific requirements in the field;

B.

User needs;

C.

The state of the art

D.

An update charge.

¹ The history of basic geodata which reproduce decisions binding on owners or authorities shall be established so as to be able to reconstruct within a reasonable time any state of law with sufficient security, subject to a charge of Acceptable work.

² The method of establishing the history is documented.

¹ The service referred to in s. 8 al. 1 LGéo maintains the basic geodata to ensure the maintenance of their condition and quality.

² It shall safeguard the basic geodata in accordance with recognised standards and in accordance with the prior art. It shall ensure, inter alia, the periodical transfer of the data in appropriate formats and keeps the data so securely transferred.

³ The Federal Office of Topography may set the minimum period for the management of basic geodata by the service referred to in Art. 8 al. 1 LGéo.

¹ If a federal service is competent within the meaning of s. 8, para. 1, LGéo, archiving is carried out in accordance with the law on the archiving of 26 June 1998 ¹ And its implementing provisions.

² If jurisdiction is the responsibility of the canton, the canton shall designate the service responsible for archiving in its legislation.

³ The Federal Office of Topography may fix the minimum retention period.

¹ If a federal service is competent within the meaning of s. 8, para. 1, LGéo, archiving is carried out in accordance with the law on the archiving of 26 June 1998 ¹ And its implementing provisions.

² If jurisdiction is the responsibility of the canton, the service responsible for archiving develops a concept of archiving valant for all the basic geodata concerned. At a minimum, this concept should include:

A.

The date of archiving;

B.

The location of the archive;

C.

Terms and conditions for the transfer of data to the archival service;

D.

Shelf life;

E.

The method of data protection and the periodicity of the data;

F.

Their periodic transfer to appropriate data formats;

G.

Rights of use and exploitation attached to the data;

H.

The terms and conditions for deletion and destruction of data.

¹ All basic geodata are described by geomedata.

² The Federal Office of Topography sets the standard for the geomedata of basic geodata. It takes into account the state of the art and international standardization.

³ Basic geodata may only be described by another standard if provided for by a Federal Council order.

¹ Geomedata are made available to the public at the same time as the basic geodata they describe.

² Access may be restricted only if provided for by an order of the Federal Council.

³ The competent specialised service provides access to the surveyors.

⁴ The Federal Office of Topography provides for the interconnection of geomsdata.

The surveyors are updated and archived at the same time as the basic geodata they describe.

The provisions of this section shall not apply to the exchange of basic geodata between authorities provided for in Art. 14 LGéo and their use by authorities in the course of their legal duties. Art. 41 is reserved.

¹ The following access authorization levels are assigned to the basic geodata:

A.

Basic geodata available to the public: level A;

B.

Basic geodata partially accessible to the public: level B;

C.

Basic geodata not available to the public: level C.

² They are defined in Annex 1.

¹ Access to basic level A geodata is guaranteed.

² In particular cases or parts of the dataset in the general case, access is limited, delayed or refused, if it:

A.

Hampering the implementation of concrete measures taken by an authority in accordance with its objectives;

B.

Risks compromising the internal or external security of Switzerland;

C.

Risks compromising the interests of Switzerland or a canton in foreign policy and its international relations;

D.

The risk of compromising the relations between the Confederation and the cantons or relations between cantons;

E.

Risks compromising the interests of Switzerland's economic or monetary policy;

F.

May reveal professional, business or manufacturing secrets;

G.

May violate the obligation to keep the secrecy laid down in a special law.

¹ No access is guaranteed to basic level B geodata.

² In particular cases or, in the general case, for the totality of the data set or some of its parts, access is granted if

A.

There is no objection to the maintenance of secrecy or

B.

The interests of maintaining secrecy may be safeguarded by legal, organisational or technical measures.

No access is guaranteed to basic level C geodata.

¹ The private use authorization is issued if:

A.

Access to geodata may be granted;

B.

The person concerned stated that he intended geodata exclusively for private use;

C.

The fee is determined by a decision or contract or has been previously collected.

² Authorization for commercial use is issued if:

A.

Access to geodata may be granted;

B.

The person concerned is registered;

C.

The applicant stated the purpose, intensity and duration of the use;

D.

The fee is determined by a decision or contract or has been previously collected;

E.

Level B data may also be made available to third parties to whom it is intended to be transmitted.

³ Authorisation may be limited in time if the use of data that has lost their currency is at risk.

⁴ The purpose, intensity or duration of use may be limited if the amount of the fee depends on these factors.

⁵ The competent specialised service may allow the use of certain basic geodata without authorization.

¹ Any refusal of a use authorization is the subject of a decision.

² If a contract or authorisation is refused by access controls of an organisational or technical nature, the person concerned may request a written decision.

If basic geodata are used in an unlawful manner, a procedure for granting the authorisation shall be ex post facto.

The provisions of the Copyright Act of 9 October 1992 ¹ Governing the private use of works also apply to basic geodata.

¹ Users are responsible for compliance with the data protection provisions.

² They are required to inform the service referred to in s. 8, para. 1 LGéo, as well as the federal data protection and transparency officer, measures taken to comply with these provisions.

The basic geodata can only be reproduced with the source indication.

The obligations to which users are subject also apply to third parties to whom basic geodata are transmitted.

Contractual rules governing access to basic geodata, as well as their use and transmission, may derogate from s. 28 to 31 if:

A.

They contain provisions that provide for at least equivalent protection; and

B.

They guarantee equal treatment between all competitors.

¹ If basic geodata are used illegally and no authorization can be granted ex post facto, the service referred to in Art. 8, para. 1, LGéo, orders the destruction of the data or the confiscation of the data carriers of the user.

² It decides on the destruction or confiscation of the data independently of possible criminal proceedings.

¹ The following basic geodata are made accessible and usable by the following geoservices:

A.

Consulting services: all basic level A geodata;

B.

Download services: the basic geodata designated as such in Annex 1.

² The Federal Office of Topography may lay down requirements concerning the qualitative and technical requirements of the geoservices referred to in para. 1, with a view to ensuring optimum interconnection. It takes into account the state of the art and international standardization.

³ The competent specialised service of the Confederation may make additional requirements in its field of speciality.

¹ The geomedata associated with the basic geodata is made available by the research services.

² The Federal Office of Topography may lay down requirements concerning the qualitative and technical requirements of the geoservices referred to in para. 1, with a view to ensuring optimum interconnection. It takes into account in this context the state of the art and international standardization.

The Federal Office of Topography operates the following geoservices, covering several specific areas:

A.

A network search service for geomsdata associated with all basic geodata;

B.

A network search service for geoservices within the meaning of s. 34;

C.

A service of transformation between official reference frameworks (art. 4);

D.

A service of transformation between formal frameworks and systems (art. 4 and 5) and other geodetic frames and reference systems (art. 6);

E.

Network access to basic geodata.

¹ The service referred to in s. 8, para. 1, LGéo gives access to basic geodata to other services of the Confederation or the cantons, upon request from them.

² It guarantees access to basic geodata via a download service. When this is not possible, it transmits the data in a different form.

The service referred to in s. 8, para. 1, LGéo refuses access to basic geodata if:

A.

The level B or C is assigned to the geodata concerned and the applicant service cannot invoke any public interest to access it;

B.

Access may endanger internal or external security.

¹ The recipient department is responsible for compliance with the data protection and confidentiality provisions.

² The service broadcaster informs the recipient service of the existence of specific requirements.

¹ An authority may grant access to third parties to the basic geodata to which it has itself access in accordance with Section 8 and permit their use, independently of any treatment, if:

A.

It applies the same access and use requirements as the service referred to in s. 8, para. 1, LGéo;

B.

Indicates the timeliness of geodata;

C.

The person receives the prescribed emoluments and gives them to the service referred to in s. 8, para. 1, LGéo.

² If it transmits the basic geodata free of charge, it itself bears the expected emoluments.

The own trade benefits are governed by sections 8 and 11, even if they are based on a statutory mandate.

The flat-rate compensation shall be fixed taking into account the following:

A.

Estimate the number and nature of the units of information exchanged;

B.

Compensation and financial assistance from the Confederation;

C.

Estimate of perceived emoluments.

¹ The exchange of data with international organisations on the basis of obligations under public international law is considered to be an exchange of data between authorities.

² It does not give rise to any invoicing unless otherwise provided for in public international law.

¹ The provisions of this Section shall apply to all decisions and services provided under this Ordinance shall be subject to the collection of emoluments.

² They shall not apply to the exchange of basic geodata between the authorities provided for in Art. 14 LGéo, or their use by authorities in the course of their legal duties. Art. 41 is reserved.

The General Order of 8 September 2004 on emoluments ² Is applicable, unless otherwise provided in this order.

¹ The fee for the use of basic geodata consists of the following:

A.

The basic fee, possibly reduced by a discount (Art. 45 to 45 C );

B.

Fixed preparation costs;

C.

Variable preparation costs;

D.

Transportation costs.

² The basic fee is calculated:

A.

In the case of private use: by multiplying the number of units of information provided by the unit price fixed in the tariff of the emoluments of the department;

B.

In the case of commercial use: by multiplying the number of units of information used in the final product by the unit price fixed in the tariff of the fees of the department, then multiplying the result obtained by the Number of products transmitted in the course of commercial use.

³ Any person who uses basic geodata for commercial purposes shall be liable for the basic fee payable for such use, whether the basic geodata used are obtained from the competent Federal Office or from a third party.

⁴ A person who holds an authorization to use for commercial purposes and does not present any final product within twelve months or more than that fixed by contract shall be liable for the basic fee set out in para. 2, let. A.

¹ The tariff of the fees of the department may provide for discounts based on:

A.

The intensity of use;

B.

Duration of use;

C.

A particular type of use;

D.

The quantity of information units;

E.

The turnover achieved.

² Discounts are calculated by multiplying the basic fee by a discount factor. They may be rolled up, unless there are several discounts for specific types of use.

¹ A discount is granted if the functionality or usability of the basic geodata is reduced due to the intensity of their use for private purposes or their processing.

² A particular discount factor is applied to subscribers.

¹ A discount is granted if the importance, functionality or usability of the basic geodata is reduced in the final product due to the intensity of their use for commercial purposes or processing.

² The discount coefficients shown below are applied on the basis of the commercial use concerned. For example, if the user:

A.

Is an exempt public utility institution or organization that uses the data as part of its statutory activity: 0.5;

B.

Is a public training institution or recognised by the State which uses the data as part of its training mandate: 0.5;

C.

Uses data for resale exclusively: from 0.5 to 0.7;

D.

Uses data as educational material: 0.5;

E.

Uses the data to transmit it to subscribers: 0.3.

¹ Quantitative discounts are granted on the basis of:

A.

The number of information units;

B.

Draw;

C.

The number of transactions.

² A discount on sales per calendar year is given for the resale of publishing products.

³ The discounts provided for in para. 1, let. A and c, cannot be rolled up.

The following fees are charged for fixed preparation costs:

A.

Preparation in analog or digital form, not connected to a network (offline): 50 francs for each recorded order;

B.

Preparation in digital form, connected to a network (online): 30 francs at most for each order recorded or 3000 francs at most per year for each connection.

¹ The following fees are collected for variable preparation costs when the preparation is not connected to a network (offline):

A.

Analog or digital media: cost per unit;

B.

Media description: from 20 francs to 500 francs per unit;

C.

Packing and shipping: from 5 francs to 25 francs per shipping unit.

² A fee is charged for variable preparation costs when the preparation is connected to a network (online), the amount of which is fixed according to the tariff of the emoluments of the department.

³ A contract may be arranged by contract with subscribers or users for commercial purposes for a fixed or unlimited number of information units or for a number of uses of a geoservice.

¹ The port is charged according to the rates of La Poste Suisse.

² Actual transport costs are charged if, for technical reasons or in response to the wish expressed by the commissioning author, the transport is taken care of by other transport service providers.

¹ Lump-sum fees are collected for:

A.

Analog maps and atlases;

B.

Certain specific cases of publication of basic geodata;

C.

Software;

D.

Reports and studies;

E.

The official directory of the localities;

F.

Official benefits from information holdings or geological information services;

G.

Amendments to authorizations or licences;

H.

The post-clearance procedure (Art. 27);

I.

The decision of destruction or confiscation (art. 33).

² The following are considered in addition to the flat-rate fee:

A.

The fixed costs of preparation provided for in s. 45 D ;

B.

The packing and shipping costs provided for in s. 45 E, Al. 1, let. C;

C.

Transportation costs under s. 45 F .

³ Other provisions of Art. 44 to 45 F Do not apply.

The competent department shall issue a tariff of emoluments. It defines the unit price of the basic fee, the discount coefficients, the preparation costs and the flat-rate emoluments.

¹ The following are exempt from any fees for the use of the basic geodata of the Confederation, with the exception of preparation and distribution costs:

A.

The public training institutions of the Confederation, the cantons and the municipalities, for private use;

B.

The research institutions of the Confederation and the cantons for private use;

C.

Public utility organizations that are exempt from tax, for use with the exception of transmission to third parties.

^1bis The use of data from cartographic national measurements shall be exempted from the following cases:

A.

The data undergo profound transformations and their export is proven; or

B.

The data are undergoing profound transformation abroad and are being commercialized. ¹

² A fee may be levied in the cases referred to in para. 1 if access and use requests:

A.

Are manifestly absurd, abusive or querulatory;

B.

Involve very heavy treatment, for example in-depth research, specific types of reproduction or specific electronic processing.

¹ A coordinating body within the meaning of s. 55 of the Act of 21 March 1997 on the organization of government and administration ¹ Is established to coordinate the field of geoinformation at the federal level.

² It performs the following tasks:

A.

Coordination of federal government activities;

B.

Development of federal strategies;

C.

Participation in the development of technical standards;

D.

Management of a competence centre;

E.

Cantonal Services Council.

³ It has the authority to provide direction to federal government departments.

⁴ It consists of at least one representative from each department, the Federal Chancellery, the area of federal polytechnics and the Federal Office of Topography. Each of these authorities shall appoint its representatives.

⁵ It is administratively subordinate to the Federal Office of Topography and has its own operational centre.

A unique numeric identifier is assigned to all base geodata. The identifier is defined in Appendix 1.

The Confederation guarantees the participation of the cantons and the hearing of the partner organisations in a manner adapted to the preparation of technical standards and other requirements of the Confederation which fall within the scope of the Does not apply exclusively to the federal government.

¹ Every person shall be punished by a fine of up to 5,000 francs:

A.

Obtains on its own account or that of third parties illicit access to basic geodata;

B.

Uses basic geodata or geoservices without authorization;

C.

Transmits basic geodata without authorization;

D.

Contravening the use requirements, including the indication of the source.

² The criminal prosecution is the responsibility of the cantons.

The amendment to the existing law is set out in Schedule 2.

¹ A period of five years from the date of entry into force of this order shall be granted to the cantons for the implementation of the art. 3, 8 to 19 and 34 to 36. If the order refers to technical standards and requirements not yet available at the time of entry into force of this order, the transitional period shall run from the date on which they are communicated to the cantons.

^1bis For basic geodata reproducing restrictions of public law on land ownership, s. 25 to 30 of the order of 2 September 2009 on the cadastre of restrictions of public law on land ownership ¹ Apply. ²

² The following transition periods are fixed for the transition of the Planimetric Reference Frameworks and Systems from CH1903/MN03 to CH1903 + /MN95:

A.

For the conversion of the reference data, until 31 December 2016;

B.

For the conversion of other basic geodata until 31 December 2020.

³ Art. 4, para. 1, let. Has ceased to be in force on 1 ^Er January 2021.

¹ The rules applying in respect of emoluments before the entry into force of this amendment shall remain valid for the pending authorisation procedures.

² The other contracts in progress on the date of entry into force of the amendment, governing the use of basic geodata and geoservices and the emoluments to be paid in consideration, shall remain valid until the end of the agreed period, No later than 31 December 2014.

This order shall enter into force on 1 ^Er July 2008.