Key Benefits:
On 17 June 2011 (State 1 Er January 2013)
1 This Act pursues the following aims, in order to increase the physical capacity of the population, to promote health, to encourage the overall development of the individual and to strengthen social cohesion:
2 To achieve these goals, the Confederation:
1 The Confederation coordinates, supports and launches programmes and projects aimed at encouraging a regular practice of sport and physical activity at all ages.
2 For this purpose, it may allocate subsidies or provide benefits in kind.
1 The Confederation supports the umbrella organisation of Swiss sports federations and can allocate contributions to other national sports federations.
2 It may enter into service contracts with sports federations to ensure the encouragement of sport.
3 It shall ensure, within the limits of its powers, that the international sports federations enjoy favourable conditions for the exercise of their activities in Switzerland.
1 The Confederation establishes a national plan for sports facilities to plan and coordinate sport facilities of national importance. This plan is regularly updated.
2 The Confederation may allocate financial aid for the construction of sports facilities of national importance.
3 It can advise manufacturers and operators of sports facilities.
1 The Confederation is leading a "Youth and Sport" programme for children and young people.
2 "Youth and Sport" contributes to the development and development of children and young people and enables them to discover sport in all its dimensions.
3 Youth and sport activities are open to children and young people as early as 1 Er January of the year they reach five years until December 31 of the year they reach 20 years of age.
1 The cantons, municipalities and private organisations are involved in the implementation of the 'Youth and Sport' programme. The Confederation may enter into benefit contracts for this purpose.
2 The cantons shall designate an authority responsible for the implementation of the programme.
The "Youth and Sport" programme supports courses and camps for different target groups in the selected disciplines.
1 The training of managers is the responsibility of the Confederation and the cantons. These can involve private organisations.
2 The Confederation oversees training.
3 The Federal Council defines the training offers and lays down the conditions for the allocation, suspension, withdrawal and caducity of the 'Youth and Sport' framework certificates.
4 The Federal Office for Sport (OFSPO) decides on the award, suspension or withdrawal of the "Youth and Sport" framework certificates, or determines their caducity.
1 When a concrete index suggests that a person has committed an offence incompatible with the "Youth and Sport" framework function, the OFSPO examines the person's reputation.
2 If the person is the subject of a criminal procedure for an offence incompatible with the "Youth and Sport" framework function, the OFSPO shall refuse or suspend the certificate.
3 If the person has been convicted by a judgment entered into force for an offence incompatible with the "Youth and Sport" framework function, the OFSPO shall refuse or withdraw the certificate.
4 The OFSPO consults the personal data of the criminal record relating to convictions and criminal investigations in progress when examining the reputation of the person concerned.
5 The criminal prosecution authorities and the courts are obliged to give the OFSPO, on written request, additional information extracted from the documents on the file if the following conditions are met:
1 The cantons encourage daily physical and sporting activity in the context of school education. They shall ensure that the necessary facilities and equipment are available.
2 Physical education is compulsory in compulsory and upper secondary schools.
3 The Confederation determines, after consultation with the cantons, the minimum number of periods of physical education in compulsory and upper secondary schools, with the exception of vocational schools and defines the applicable quality standards. In this regard, it takes into account the specific needs of each level of education.
4 Compulsory schooling must include at least three weekly periods of physical education.
5 The Federal Council sets the minimum number of periods of physical education in vocational schools and defines the applicable quality standards.
1 The Confederation can support, in collaboration with the cantons, the training and in-service training of teachers giving the physical education courses.
2 The cantons shall establish, after consultation of the Confederation, the minimum number of hours of teacher training and shall lay down the applicable quality standards.
1 The Confederation runs a high school of sports, which provides scientific education, carries out research, provides benefits and offers courses and continuing courses of tertiary degree.
2 The accreditation of the Federal High School of Sport is governed by the legislation on aid to high schools and coordination in the Swiss field of high schools.
3 The Federal Council regulates admission requirements.
1 The Confederation supports the promotion of elite sport and the promotion of succession in competitive sport.
2 To this end, it takes the following measures in particular:
3 The Confederation can encourage offers to reconcile sport and education.
1 The Confederation can support the organisation in Switzerland of international sporting events and congresses of European or world scope provided that the cantons are properly involved in the costs.
2 It can encourage and coordinate the preparation and organisation of major international sporting events. It collaborates in this regard with the cantons and municipalities concerned, as well as with the organising sports federations.
1 The Confederation is committed to the respect of ethics and safety in sport. It fights against the excesses of sport.
2 It collaborates with the cantons and the federations. Financial aid for the organisation of the Swiss sports federations or other sports organisations or organisations responsible for sporting events shall be linked to their actions in favour of ethics and Safety in sport.
3 The Confederation itself can implement preventive measures in the context of programmes and projects.
1 The Confederation supports measures to combat the abuse of products and methods aimed at improving physical performance in sport (doping), in particular through training, advice, documentation, research, information and Controls and itself takes such measures.
2 The Federal Council may delegate all or part of the competence to take anti-doping measures to a national anti-doping agency. The Commission shall adopt the necessary decisions.
3 The Federal Council defines the products and methods whose use or application is subject to criminal prosecution. It takes account of international developments in this respect.
1 The administrative units of the Confederation, the Swiss Institute for Therapeutic Products, the competent cantonal bodies and the competent authority in the field of anti-doping in art. 19 work together to limit the availability of doping products and methods.
2 The Customs Administration shall notify the cantonal authorities of criminal prosecution of the observations which lead it to suspect an infringement of this Law.
3 The Customs Administration shall be empowered, if it suspects an infringement of this Law, to detain doping products at the border or in a customs warehouse and to appeal to the competent authority in the field of anti-doping (art. 19). The Commission conducts the investigation and takes the necessary measures.
4 The competent authority in the field of anti-doping (art. 19) may, irrespective of any criminal procedure, order the seizure and destruction of doping products or objects intended for the development or application of doping methods.
1 Anyone participating in sports competitions may be subject to doping controls.
2 Are authorized to carry out anti-doping controls:
3 The organs referred to in para. 2 are entitled to process the data they collect as part of their control activities, including sensitive data and personality profiles, and to transmit them to the competent authority for the following purposes:
4 The organs referred to in para. 2, let. B and c shall communicate the results of their checks to the competent authority in the field of anti-doping (art. 19).
1 A person who, for the purpose of doping, manufactures, acquires, imports, exports, transmits, procures, distributes, prescribes, places on the market, presents or holds products referred to in s. 19, para. 3, or applies to third parties the methods referred to therein shall be punishable by a custodial sentence of up to three years or of a pecuniary penalty.
2 In serious cases, the penalty is a custodial sentence of up to five years, combined with a financial penalty.
3 The case is serious in particular when the author:
4 The author shall not incur any penalty if the manufacture, acquisition, import, export, transit or detention are reserved for his or her personal use.
1 Criminal prosecution is the responsibility of the cantons. The cantonal criminal prosecution authorities may associate the competent authority in the fight against doping in the investigation (art. 19) and the Customs Administration.
2 Where an anti-doping control reveals the use of a method or product referred to in s. 19, para. 3, the body which has carried out the control shall inform the competent criminal prosecution authorities and transmit the documents in its possession.
3 In accordance with Art. 104, para. 2 of the Code of Criminal Procedure 1 , the competent authority in the field of anti-doping referred to in (art. 19) is recognized as a party and therefore has the following rights:
The competent judicial authorities and criminal prosecution authorities shall inform the competent authority of the fight against doping (art. 19) a prosecution for an offence under s. 22, as well as their decisions. The Federal Council shall determine the information to be transmitted.
1 The competent authority in the field of anti-doping (art. 19) is entitled to exchange personal data, including sensitive data and personality profiles, with recognised foreign or international anti-doping bodies where the exchange is necessary for the following acts:
2 In the cases referred to in para. 1, let. A, only the data necessary for the evaluation of requests and authorisations can be communicated. Any communication of this data requires the explicit agreement of the athlete concerned.
3 In the cases referred to in para. 1, let. B, only the following data may be transmitted:
4 The competent authority in the field of anti-doping (art. 19) ensures that the data it discloses is not passed on to unauthorized third parties. It refuses to transmit data when personality rights are threatened, especially when the recipient does not provide an adequate level of data protection.
1 The OFSPO shall carry out the tasks of Confederation under this Law, provided that they do not fall within the scope of other federal bodies.
2 He is responsible for the information systems covered by the Federal Law of 17 June 2011 on the information systems of the Confederation in the field of sport 1 .
3 It manages the Federal High School of Sport and two courses and training centres, one in Macolin, the other in Tenero.
4 The Federal Council takes into account the tasks undertaken by the Federal High School of Sport to determine the organization of the OFSPO.
In carrying out its tasks, the Confederation may participate in private or public organisations or establish specific organisations.
1 The Confederation can stop and fund programmes and projects in the form of multi-year programmes managed by benefit mandates.
2 Except as otherwise provided in this Law, the cantons and the private sector shall make a sufficient contribution to the financing of the measures provided for. The Confederation is working to build partnerships.
3 The Federal Assembly approves the maximum amount of funds by a single federal order setting a multi-year appropriation.
4 The Confederation grants financial aid in the context of the appropriations allocated.
1 The OFSPO may provide commercial benefits to individuals or organizations that are of particular interest to its facilities or services under the following conditions:
2 Commercial benefits must be invoiced at market prices and the operating accounts must show the costs and revenues of each. It is prohibited to subsidize one commercial benefit by another.
1 The Federal Council shall issue the implementing provisions.
2 It may empower the OFSPO to make technical provisions concerning:
The Federal Department of Defence, Population and Sports Protection (DDPS) performs the following tasks:
1 The Confederation may refuse financial aid or require its return in the following cases:
2 False organisations can be denied any new support.
3 Art. 37-39 of the Act of 5 October 1990 on subsidies 1 Are not applicable in the cases referred to in para. 1, let. C.
The Federal Law of 17 March 1972 encouraging gymnastics and sports 1 Is repealed.
1 [RO 1972 909, 1987 107, 1994 1390, 1995 1458, 2000 1891, 2001 2790, 2007 5779]
Until the entry into force of the legislation on aid to high schools and coordination in the Swiss field of high schools:
Whatever the order in which the change of March 19, 2010 1 The Act of 3 February 1995 on the army 2 And this amendment comes into force, upon the coming into force of the second of these Acts or upon their simultaneous entry into force, s. 367, para. 2 D , CP 3 Becomes art. 367, para. 2 Sexies , CP.
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 October 2012 4
1 * The terms designating people also apply to women and men.
2 RS 101
3 FF 2009 7401
4 ACF of 23 May 2012