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RS 442.1 Federal Law of 11 December 2009 on the Encouragement of Culture (Law on Encouragement of Culture, CEM)

Original Language Title: RS 442.1 Loi fédérale du 11 décembre 2009 sur l’encouragement de la culture (Loi sur l’encouragement de la culture, LEC)

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442.1

Federal Law on the Encouragement of Culture * 1

(Cultural Incentives Act, CEA)

On 11 December 2009 (State 1 Er January 2016)

The Swiss Federal Assembly,

Having regard to art. 67 A , para. 1 and 3, 69, para. 2, and 70, para. 3, of the Constitution 2 , 3 Having regard to the Federal Council messages of 8 June 2007 on the Federal Law on the Encouragement of Culture 4 And the Federal Law on the Pro Helvetia Foundation 5 ,

Stops:

Chapter 1 General provisions

Art. 1 Purpose

This Law shall rule:

A.
The encouragement of culture by the Confederation in the following areas:
1.
Safeguarding cultural heritage,
2.
Artistic and cultural creation, including the promotion of succession,
3.
Artistic and cultural mediations,
4.
Exchanges between the cultural and linguistic communities of Switzerland,
5.
Cultural exchanges with foreign countries;
B.
The organization of the Pro Helvetia Foundation.
Art. 2 Scope of application

1 The measures for the promotion of culture under the following laws shall be reserved:

A.
Act of 18 December 1992 on the National Library 1 ;
B.
Museums and Collections Act of 12 June 2009 2 ;
C.
Federal Act of 6 October 1995 on financial aid for the protection and promotion of Romansh and Italian languages and cultures 3 ;
D.
Law of 14 December 2001 on cinema 4 ;
E.
Law of 20 June 2003 on the transfer of cultural property 5 ;
F.
Federal law of 1 Er July 1966 on the protection of nature and the landscape 6 ;
G. 7
Law of 21 March 2014 on Swiss schools abroad 8 .

2 The funding provisions referred to in s. 27 are applicable.


1 RS 432.21
2 RS 432.30
3 [RO 1996 2280 2514. RO 2009 6605 Annex, c. I]
4 RS 443.1
5 RS 444.1
6 RS 451
7 Introduced by ch. I of the LF of 19 June 2015, in force since 1 Er Jan 2016 ( RO 2015 5587 ; FF 2015 461 ).
8 RS 418.0

Art. 3 Goals

The promotion of culture by Confederation has the following goals:

A.
Strengthen the cohesion and cultural diversity of Switzerland;
B.
Promote a diverse and quality cultural offer;
C.
Create favourable conditions for cultural actors and cultural institutions and organisations;
D.
To facilitate people's access to culture;
E.
Raise awareness of the Swiss cultural creation abroad.
Art. 4 Subsidiarity

In its area of competence, the Confederation also promotes the cultural activities of the cantons, towns and municipalities.

Art. 5 Coordination and collaboration

1 In setting its cultural priorities, the Confederation takes account of the cultural policy of the cantons, towns and municipalities, and works with them as much as necessary.

2 It can work with other public and private actors in the promotion of culture and join private law corporations.

Chapter 2 Encouraging Culture

Section 1 General criteria

Art. 6 National interest

1 Subject to Art. 12, the Confederation only supports projects, institutions and organisations of national interest. 1

2 In particular, there is a national interest in:

A.
Cultural property is of paramount importance to Switzerland or to a cultural or linguistic community in the country;
B.
A project has a supra-regional scope, including more than one linguistic region;
C.
An outstanding artist is promised a national or international career;
D.
An organisation provides an essential contribution to the networking of cultural players or amateurs active in the cultural field from different linguistic regions or from different parts of the country;
E.
A project is particularly innovative in the areas of artistic creation or cultural mediation;
F.
A cultural event is unique and has national or international influence;
G.
A project contributes significantly to national or international cultural exchanges.

1 New content according to the c. I of the LF of 19 June 2015, in force since 1 Er Jan 2016 ( RO 2015 5587 ; FF 2015 461 ).

Art. 7 Project Access

Confederation only supports projects to which the population has access.

Art. 8 Priority Projects

The Confederation favours projects with the following characteristics:

A.
They enable the population to access or facilitate access to culture;
B.
They make a significant contribution to safeguarding or developing cultural and linguistic diversity.
Art. A 1 Cultural Participation

The Confederation can support projects aimed at strengthening the participation of the population in cultural life.


1 Introduced by ch. I of the LF of 19 June 2015, in force since 1 Er Jan 2016 ( RO 2015 5587 ; FF 2015 461 ).

Section 2 Incentives and Support Measures

Art. 1 Social security for artists

1 The Confederation and the Pro Helvetia Foundation pay a percentage of the amount of financial aid they allocate to cultural operators:

A.
The pension fund of the artist concerned;
B.
To another form of foresight within the meaning of s. 82, para. 2, of the Federal Act of 25 June 1982 on occupational pensions, survivors and invalidity 2 Of the artist concerned.

2 The Federal Council sets this percentage.


1 Effective From 1 Er Jan 2013 ( RO 2012 6077 ).
2 RS 831.40

Art. 10 Measures to safeguard the cultural heritage

1 The Confederation can support the museums, collections and networks of third parties active in the field of cultural heritage conservation, in particular by providing them with financial assistance to cover operating costs and the costs of Projects. It can contribute to insurance premiums covering the loan of objects for exhibitions of national interest.

2 The Confederation only supports museums and collections with a collection concept.

Art. 11 Promotion of succession

The Confederation can promote cultural and artistic succession through measures that promote the acquisition and deepening of the required experience.

Art. 12 Music training

1 The Confederation, in the alternative, encourages the measures taken by the cantons and municipalities in the field of music training.

2 It supports the training and ongoing training of instructors, as well as camps and music courses for children and youth. To this end, it manages the "Youth and Music" programme. 1

3 It may entrust to third parties the execution of the "youth and music" programme. 2


1 Introduced by ch. I of the LF of 19 June 2015, in force since 1 Er Jan 2016 ( RO 2015 5587 ; FF 2015 461 ).
2 Introduced by ch. I of the LF of 19 June 2015, in force since 1 Er Jan 2016 ( RO 2015 5587 ; FF 2015 461 ).

Art. 12 A 1 Schools in music schools

1 Music schools with the support of cantons or municipalities provide for all children and young people up to the end of the secondary school level, which are clearly inferior to those for adults.

2 When setting tariffs, music schools take into account the economic circumstances of parents or other persons in charge of maintenance and the increased training needs of music gifted students.


1 Introduced by ch. I of the LF of 19 June 2015, in force since 1 Er Jan 2016 ( RO 2015 5587 ; FF 2015 461 ).

Art. 13 Awards, Distinctions and Acquisitions

The Confederation may:

A.
Awarding prizes;
B.
Awards honours for outstanding artistic performances and cultural merits;
C.
Acquire works of art.
Art. 14 Support for cultural organizations

The Confederation can support organisations of cultural actors and amateurs active in the cultural field.

Art. 15 Promotion of reading and literature 1

1 The Confederation can take measures to combat illiteracy and to promote reading.

2 It can take measures to promote literature. 2


1 New content according to the c. I of the LF of 19 June 2015, in force since 1 Er Jan 2016 ( RO 2015 5587 ; FF 2015 461 ).
2 Introduced by ch. I of the LF of 19 June 2015, in force since 1 Er Jan 2016 ( RO 2015 5587 ; FF 2015 461 ).

Art. 16 Cultural events and projects

1 The Confederation may organise cultural events or participate in the organisation and financing of such events.

2 It can support projects that have the following characteristics:

A.
They provide a cultural contribution in the context of one-off events for a wide audience;
B.
They are particularly innovative and capable of giving impulses to culture.
Art. 17 Support for Travellers

The Confederation can take measures to enable the people of the journey to lead the life that corresponds to their culture.

Art. 18 Payment of financial assistance to the City of Bern

The Confederation may provide financial assistance to the City of Bern for the special cultural benefits it provides as the seat of the Federal Assembly and the Federal Council.

Art. 19 Encouragement of artistic mediation

The Confederation may take measures to familiarize the public with an artistic work or performance.

Art. Artistic Creation

The Confederation encourages artistic creation, in particular by:

A.
Contributions to the creation of work;
B.
Commands;
C.
Contributions to projects.
Art. Support for cultural exchanges

1 Confederation can support cultural exchanges within the country.

2 It can present Swiss cultures abroad and support exchanges with other cultures.

3 It can manage its own cultural institutions in the important cultural centres of the world and in the countries with which Switzerland has special exchanges.

Section 3 Skills and coordination

Art. International Collaboration

The Federal Council may, in order to promote international relations, conclude international agreements or private law on:

A.
Cultural collaboration;
B.
Financial participation in measures to encourage international culture.
Art. Support Measures

1 The measures referred to in s. 9 A , 10, 12 to 15, 16, para. 1 and 2, let. A, 17 and 18 and the mediation measures closely related to it fall within the competence of the Federal Office of Culture. 1

2 The measures referred to in s. 11, 16, para. 2, let. B, 19, 20 and 21 fall within the competence of the Pro Helvetia Foundation (art. 31 to 45).


1 New content according to the c. I of the LF of 19 June 2015, in force since 1 Er Jan 2016 ( RO 2015 5587 ; FF 2015 461 ).

Art. 24 Coordination of measures taken abroad

The Federal Department of the Interior and the Federal Department of Foreign Affairs coordinate their cultural activities abroad and regulate the modalities of their collaboration in this field.

Section 4 Forms of support and procedure

Art. 25 Financial and other forms of support

1 In the context of the appropriations allocated, financial assistance is provided in the form of contributions to lost funds, deficit guarantees, interest subsidies, bonds, benefits in kind or conditionally repayable loans.

2 Support may also be provided in the form of advice, recommendations, employers or other non-monetary benefits.

3 Financial assistance may also be granted under a benefit contract in accordance with s. 16, para. 2, of the Act of 5 October 1990 on subsidies 1 .


Art. 26 Procedural provisions

1 For aid of more than 100 000 francs, the general provisions of the federal procedure shall apply, subject to para. (2) In the event of an appeal involving sums of less than 100 000 francs, a simplified and abridged procedure, entailing an administrative burden and lower costs, shall be applied.

2 The non-opportunity grievance is not allowed in the appeal proceedings.

Section 5 Financing and Pilotage

Art. 27 Priorities and Funding

1 Every four years, the Federal Council submits a message to the Federal Assembly concerning the funding of the Confederation as a whole for the promotion of culture; it sets its priorities.

2 The Confederation will, in advance, hear the cantons, towns and municipalities, as well as interested circles.

3 The Federal Assembly approves the following spending ceilings and commitment appropriations:

A. 1
The expenditure limit for the measures referred to in s. 9 A , 10, 12 to 15, 16, para. 1 and 2, let. A, 17 and 18, on the one hand, and art. 11, 16, para. 2, let. B, and 19 to 21, on the other hand;
B.
Expenditure ceilings for areas governed by special laws;
C.
The framework credit referred to in s. 16 A Of the Federal Act of 1 Er July 1966 on the protection of nature and the landscape 2 For the protection of the landscape and the conservation of historical monuments.

1 New content according to the c. I of the LF of 19 June 2015, in force since 1 Er Jan 2016 ( RO 2015 5587 ; FF 2015 461 ).
2 RS 451

Art. 28 Incentive schemes

1 The Federal Department of the Interior lays down incentive schemes for the fields referred to in Art. 9 A , 10, 12 to 15, 16, para. 1 and 2, let. A, 17 and 18. 1

2 Incentive schemes define the objectives, instruments and criteria for the granting of support.

3 They are issued by way of a prescription and, in principle, for the duration of the funding decisions referred to in s. 27, para. 3.


1 New content according to the c. I of the LF of 19 June 2015, in force since 1 Er Jan 2016 ( RO 2015 5587 ; FF 2015 461 ).

Art. Competent authority and coordination

1 The Federal Office of Culture implements the Confederation's cultural policy and coordinates the activities of the relevant federal departments.

2 The Federal Department of the Interior and the Federal Department of Foreign Affairs coordinate their activities in the field of international cultural policy.

Art. Statistics and Evaluation

1 The Federal Statistical Office maintains a cultural statistic. In particular, it provides guidance on government subsidies and on contributions to culture by the private sector.

2 The Confederation periodically assesses the effectiveness of its cultural policy and the incentives it has taken.

3 The results of the evaluation are published. The Federal Office of Culture invites interested parties to comment on this assessment.

Chapter 3 The Pro Helvetia Foundation

Section 1 General provisions

Art. Legal form and seat

1 The Pro Helvetia Foundation (Foundation) is a public law foundation with legal personality.

2 It regulates its own organisation and keeps its own accounts.

3 It has its headquarters in Bern.

Art. 32 Tasks

1 The Foundation promotes the diversity of the Swiss artistic and cultural creation, promotes it, promotes popular culture and maintains cultural exchanges.

2 It is autonomous in the performance of its tasks.

Section 2 Organs and staff

Art. 33 Organs

The organs of the foundation are:

A.
The Foundation Board;
B.
Management;
C.
The review body.
Art. 34 Foundation Board

1 The Foundation Board consists of seven to nine qualified members.

2 The Federal Council appoints the President and the other members of the Foundation Board for four years. It aims at equitable representation of the four linguistic regions. Each member can be renewed once in office.

3 The Federal Council may revoke any member of the Foundation Board for just cause.

4 The Foundation Board members defend the interests of the Foundation. Any member of the Board shall recuse in the event of a conflict of interest. A sustainable conflict of interest excludes membership on the Foundation Board.

5 The Foundation Board carries out the following tasks:

A.
It ensures the implementation of the strategic objectives set by the Federal Council and presents a report on their implementation;
B.
Adopting the budget;
C.
Adopts the activity report and publishes it once approved by the Federal Council;
D.
Appoints the Director;
E.
Appoints the other members of the Directorate on a proposal from the Director;
F.
It controls management;
G.
Appoints the members of the committee of experts;
H.
Set terms and conditions of employment, subject to approval by the Federal Council;
I.
It lays down the organisation regulation and the grant order of the Foundation.

6 Art. 6 A The Act of 24 March 2000 on the Personnel of the Confederation (LPers) 1 Shall apply mutatis mutandis to the fees and other contractual conditions agreed with the members of the Foundation Board.


Art. 35 Direction

1 Management is the operational body. It fulfils all tasks which are not assigned to another body.

2 The members of the Directorate defend the interests of the Foundation. Any member of the management involved in a conflict of interest is required to recuse himself. A sustainable conflict of interest excludes membership in management.

3 The Director presides over management. Its tasks are as follows:

A.
Commits the staff of the foundation;
B.
It represents the foundation externally;
C.
On prior notice from the Committee of Experts, it shall rule on the financial aid of a considerable amount and on the important programmes specific to the foundation; any decision departing from the notice must be reasoned.

4 The rules of procedure shall lay down the arrangements.

Art. 36 Revision Body

1 The review body shall be appointed by the Federal Council.

2 Art. 727 to 731 A The code of obligations 1 Apply by analogy to the mission, position, qualifications, independence, duration of the mandate and the reporting system of the reviewing body, subject to para. 3.

3 The review body shall report to the Foundation Board and the Federal Council on the outcome of its audit.

4 The Federal Council may revoke the review body for just cause.


1 RS 220

Art. Commission of Experts

1 The Committee of Experts shall consist of no more than 13 members.

2 The members of the Committee of Experts shall be appointed for four years. They can be renewed once in their functions.

3 The Committee of Experts evaluates applications for financial aid of a considerable amount and examines the important programmes specific to the foundation.

4 The organisation and functioning of the Committee of Experts are defined in the Foundation's organisational rules.

Art. 38 Secretariat

1 The foundation has a secretariat in Switzerland and branches abroad.

2 The secretariat shall, without prior notice, decide on the Committee of Experts on the modest financial assistance and the least important programmes of the Foundation.

Art. 39 Staff

1 Foundation staff and management are engaged on the basis of private law contracts.

2 In its personnel policy, the foundation takes into account the art. 4 and 5 LPers 1 .

3 Art. 6 A LPers shall apply mutatis mutandis to salary and other contractual terms and conditions agreed with the Director and other members of management.

4 The Foundation Board shall fix remuneration, ancillary benefits and other contractual conditions in the Staff Regulations.

5 The staff of the Foundation are insured with the Federal Pension Fund (PUBLICA).


Section 3 Finance

Art. 40 Funding

1 The foundation has an intangible capital of 100,000 francs.

2 The Confederation grants the foundation of annual grants within the framework of the appropriations allocated under Art. 27, para. 3, let. A.

3 The resources that third parties make available to the foundation without specifying their assignment are capitalized.

Art. Treasury

1 The Federal Finance Authority manages the liquidity of the Foundation in the context of the central treasury.

2 The Federal Finance Authority provides loans to the Foundation under the terms of the contract to enable it to make the payments necessary for the performance of its duties under s. 23, para. 2.

3 The terms and conditions are governed by a contract of public law between the Confederation and the Foundation.

Art. Overview of accounts

1 The accounts of the foundation are established in order to present the real state of wealth, finances and income.

2 The accounts are based on the principles of materiality, clarity, continuity and gross presentation, and are based on generally accepted standards.

3 The rules for recording and evaluating the principles for the presentation of accounts must be published.

4 The Federal Council may make provision for the presentation of accounts.

Art. 43 Taxes

1 The foundation is exempt from any tax from the Confederation, the cantons and the municipalities.

2 The following federal taxes are reserved:

A.
Value added tax;
B.
Advance income tax;
C.
Stamp duties.

Section 4 Protection of the interests of Confederation

Art. 44 Monitoring

1 The foundation is subject to oversight by the Federal Council.

2 The Federal Council carries out its supervisory function, in particular by appointing the Foundation Board, approving the activity report and staff regulations and unloading the Foundation Board.

Art. 45 Strategic Objectives

1 Every four years, the Federal Council sets the strategic objectives of the Foundation. He shall ensure that the Foundation Board is heard in advance. It takes into account the operational and artistic freedom of the foundation.

2 The Federal Council monitors the achievement of strategic objectives on an annual basis on the basis of the Foundation Board's report and other possible clarifications.

Chapter 4 Final provisions

Art. Executing

The Federal Council shall issue the implementing provisions.

Art. Repeal and amendment of the law in force

The repeal and amendment of the existing law are set out in the Annex.

Art. 48 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.

Annex

(art. 47)

Repeal and amendment of the law in force

I

Are repealed:

1.
The Federal Act of 19 December 2003 on the granting of financial aid to the Bibliomedia Foundation 1 ;
2.
The Federal Law of 20 March 2008 on the granting of financial aid to the Swiss Transport Museum 2 ;
3.
The Federal Act of 16 December 2005 on the granting of financial aid to the Memoriav association 3 ;
4.
The Federal Order of 22 December 1887 concerning the promotion and promotion of the arts in Switzerland 4 ;
5.
The Federal Decree of 18 December 1917 concerning the development of applied arts (decorative and industrial arts) 5 ;
6.
The Federal Law of 17 December 1965 concerning the Pro Helvetia Foundation 6 .
7.
The Federal Act of 7 October 1994 concerning the Foundation "Securing the future of the people of Swiss travel" 7 .

II

The following laws are amended as follows:

... 8


1 [ RO 2004 2077 , 2008 319]
2 [ RO 2008 3517 ]
3 [ RO 2006 1255 ]
4 [RS 4 208]
5 [RS 4 221; 1991 857 app. Ch. 6]
6 [RO 1966 689, 1981 821, 1993 879 Annex 3 c. 10, 2006 2197 Annex c. 42]
7 [RO 1996 3040]
8 The mod. Can be viewed at RO 2011 6127 .


State 1 Er January 2016