Rs 415.01 Order Of May 23, 2012, On The Encouragement Of Sport And Physical Activity (Order On The Encouragement Of Sport, Epso)

Original Language Title: RS 415.01 Ordonnance du 23 mai 2012 sur l’encouragement du sport et de l’activité physique (Ordonnance sur l’encouragement du sport, OESp)

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415.01 order on the encouragement of sport and physical activity (order on the encouragement of sport, EPSO) of May 23, 2012 (status December 1, 2015) the Swiss federal Council, given the law of June 17, 2011 on the encouragement of sport (most), view the art. 6, al. 5 of the Act of March 24, 2000, on the staff of the Confederation (FPL), stop: title 1 programs and plans Chapter 1 General Conditions of support art. 1 the Confederation supports programs and projects to encourage sport and physical activity when they are of public interest and that the support granted to them also is non-existent or insufficient. She argues that organizations that participate in the financing of a programme or a project.

Chapter 2: "youth and sport" Section 1 aims of "Youth and sport" art. 2 "youth and sport" (J + S) a for purposes: a. to develop and encourage a sport adapted to children and youth taking into account the principles of ethics and safety in sport; b. to allow children and young people to live fully the sport and to participate in the implementation of sports activities while promoting their integration in a sports community; c. to contribute to development and to the development of a youth pedagogical perspective and in terms of social integration and health; d. to encourage a long-term training, quality and focused on the performance for the young talents who form sports succession; e. to prepare sport instructors in their tasks of frames J + S by providing specific training, continuous training adapted to their needs and one followed in the exercise of their function.

Social integration or public health purposes, to achieve equality between the sexes, or to ensure the promotion of the J + S, the federal Office of sport (FOSPO) program can take measures encouraging specific groups of children and youth to practice some sports J + S, or own to promote J + S to these groups.

Section 2 offers D + S art. Principle 3, J + S covers, on the one hand, the training of children and young people to the J + S sports classes and camps, and on the other hand, the training of managers.
Courses and camps J + S announced together by an organizer to the competent authority for a maximum period of one year came together under the name of J + S offer.

Art. 4 participation in courses and camps J + S all children and young people resident in Switzerland may participate in courses and camps J + S.
Children and young people domiciled abroad can participate in courses and camps J + S if they are of Swiss nationality.
Children who are in their fifth year at the beginning of a course or camp J + S can participate as long as they reach the age of 5 years old during the course or camp.
Young people who reach the age of 20 during a course or a camp J + S can finish.
Participate in courses and camps J + S is not a right.
The organizers of courses and camps J + S are allowed to admit children and young people who do not meet the conditions outlined in the al. 1 to 4 provided that the maximum number of participants allowed. These children and youth are not taken into account in the calculation of subsidies and no other benefits shall be granted to them.

Art. 5 place the course or camp J + S courses must take place in principle in Switzerland. Exceptionally, certain workouts or competitions may be held abroad.
The J + S camps must take place in principle in Switzerland. They may be held abroad if they are offered by an organiser providing most of its courses and its camps J + S in Switzerland.

Section 3 Sports J + S and groups of users art. 6 of sports in J + S admission requirements may be admitted to J + S sports practice contributes to the improvement of the physical and psychological skills of children and young people, so including to promote their overall development.
In determining sports, you will ensure that: a. the health and safety of the participants, as well as the environment, are not threatened; b. theoretical and teaching of these sports objectives conform to established ethical principles.

The federal Department of defence, protection of the population and sports (DDPS) determines the J + S sports. The FOSPO may specify their content by designating the disciplines that make up.
To ensure development of the J + S sports and contact with the concerned sports federations, the FOSPO means sport directions. It may depart from this principle for sports that are of minor importance because of the number of participants or disciplines in a sport.

Art. 7 application of a sport sports federations may apply to the FOSPO to admit a sport in J + S. The FOSPO can admit, provisionally, for 3 years. At the end of this period, the DDPS definitely decides admission.
Are not allowed: a. motor sports and aviation sports; b. the sports in which children and young people must put the k.o. opponent.; c. sports which involve a considerable risk for the participants, including the sports referred to in art. 1, al. 2, let. c to e of the Federal Act of 17 December 2010 on the mountain guides and organizers of other risk activities.

SR 935.91 art. 8 user groups there are 7 groups of users (GU) within J + S. The FOSPO distributes offers between them according to the following classification: a. the J + S of the GU offers 1 are offers by sports clubs or organizations to the similar operation, which allow children or youth to acquire and apply skills in one or more sports J + S on a regular basis, targeted and directed a stable Group; (b) J + S of the GU offers 2 offers within the meaning of the let. a; their regularity however depends on external conditions, such as wind, water or snow; c. the J + S of the GU offers 3 are offers by federations or associations of youth who bring children or young people, as part of a camp, to discover the game and the sport developing social aspects d. J + S of the GU offers 4 are offers by the Confederation cantons, communes or national sports federations; These offerings bring children or young people, as part of a camp, to discover the sport developing social aspects, or course, to acquire and apply skills in one or more sports J + S on a regular and targeted a stable group; e. the J + S of the GU offers 5 are offers by schools who bring children or youth to acquire and to apply outside the compulsory curriculum, skills in one or more sports J + S on a regular and targeted a stable group. camps J + S can also be arranged during the school hours; f. the J + S of the GU offers 6 are offers by Confederation, cantons, municipalities, sports federations, sports companies or organizations to the analogous operation: 1. in sports J + S of minor importance due to the number of participants, 2. as incentives specific to the senses of the art. 22, al. 4;

g. J + S of the GU offers 7 are offers proposed by national sports federations in J + S sports who meet the additional criteria for the promotion of the J + S statement; These offers allow children or young people, as part of course J + S, to acquire and apply skills in a J + S sport at 3 different levels of performance in a targeted manner directed within a stable group.

FOSPO sets the criteria for the promotion of the next generation and the performance levels of the GU 7.

New content according to section I of the sept 11 O. 2015, in effect since Dec. 1. 2015 (2015 3701 RO).
New content according to chapter I of O on August 20, 2014, in effect since Oct. 1. 2014 (2014 2841 RO).
New content according to chapter I of O on August 20, 2014, in effect since Oct. 1. 2014 (2014 2841 RO).

Art. 9 specific requirements to be met by the J + S sports and user groups the DDPS fixed for each group of users: a. the minimum duration of the courses and camps; (b) the minimum number of lessons or activities by course and camp; (c) the minimum duration of a lesson or activity.

It sets the maximum number of participants allowed per J + S instructor for courses and camps J + S in each sport.
The FOSPO may, within the limits of art. 6, al. 3, most, limit the age of participation in sport, a discipline or a group of users.
The FOSPO determines other specific requirements that govern the realization of the J + S offers according to the sports, disciplines and groups of users.

Section 4 organizers art. 10 organizers of the J + S offers anyone who wants to offer (organizer) J + S must: a. be a legal person in private law or public law, especially a sports federation, a sports company, an association of youth or a school; b. be constituted under Swiss law, etc. to have its seat in Switzerland.

Legal persons established as capital or cooperative societies as well as individuals, are admitted as organizers of J + S offers so their commercial or professional activity main is sport training or sports activities.
The organizers offer courses or camps in one or more sports J + S.

Art. 11 obligations of the organisers of the J + S J + S offers organizers offers shall ensure that the necessary measures are taken to ensure the safety of participants, to protect their health and to prevent accidents, and that they are applied during all the duration of the course or camp.
If the organizer of a provides J + S notes that executives J + S responsible for negligent their duty of supervision and coaching during the realization of this offer, it takes the necessary measures and inform the cantonal authority responsible for the realization of the J + S offer. If it finds an offence or a crime, it informs the criminal prosecution authority.
The organizers of the J + S offers inform participants, their legal representatives and executives J + S concerned of the risks that may include the practice of sport, and they draw their attention to the usefulness of accident insurance and civil liability insurance.

Art. 12 organizers of the organizers of the training management training are the cantons or the FOSPO.
The FOSPO may entrust the training of managers to the sports federations and youth associations, professional organizations of sports instructors, training institutions and the army.
It issues directives governing the training of managers.
The amount of fees collected from participants in the DDPS. The training of executives by the army are free.

New content according to section I of the sept 11 O. 2015, in effect since Dec. 1. 2015 (2015 3701 RO).
New content according to section I of the sept 11 O. 2015, in effect since Dec. 1. 2015 (2015 3701 RO).

Section 5 frames J + S art. 13 executives are part of the J + S all holders of a certificate management: a. monitor J + S, including monitor J + S Sports School; b. coach J + S; c. succession coach J + S; d J + S expert.

Except as otherwise provided herein or orders which are subordinated to it, the provisions applying to the J + S monitors also apply to J + S sports school instructors.
Anyone who has successfully completed the ad hoc training may be recognized framework J + S. The FOSPO was awarded the recognition of frame on the proposal of the organizer of the training for managers. In justified cases, the FOSPO may deviate from this proposal.
Recognition must be renewed every 2 years. To do this, the person concerned must follow a continuous training course.

New content according to section I of the sept 11 O. 2015, in effect since Dec. 1. 2015 (2015 3701 RO).
New content according to section I of the sept 11 O. 2015, in effect since Dec. 1. 2015 (2015 3701 RO).
Introduced by section I of the O on Sept. 11. 2015, in effect since Dec. 1. 2015 (2015 3701 RO).

Art. 14 training managers the DDPS regulates admission to the training of managers, the general direction of this training and determines the training necessary to obtain the recognition of frame.
The FOSPO is developing the structure of training and continuous training and offers studies framework plans for the various offers of management training.
It may: a. provide for different framework functions, specializations as well as training on specific themes; b. predict, for the target group of children and the target group of young people, some training and different training; c. prescribing continuous training of periods according to sports, themes and target groups.

Admission to the training of executives or to a specific module or course is not a right. The FOSPO decides admission to case by case.

Art. 15 tasks managers J + S, as part of their activity, apply the principles of ethics and safety in sport and the J + S design. They take the necessary measures to prevent accidents.

Art. 16 monitors J + S J + S instructors can lead courses and camps J + S or some activities in courses and camps J + S of an organizer if their training allows them to do.
The FOSPO fixed the training necessary to the exercise of activities as a monitor.

Art. 17 coaches J + S J + S coaches represent organizations that have appointed to the cantonal services J + S and the FOSPO. They administer the J + S of their respective organizations offers.

Art. 18 coaches of the J + S J + S succession coaches statement direct offers of promotion of the J + S statement.

Art. 19 experts J + S J + S experts form the monitors J + S, coaches J + S, coaches and other experts J + S J + S succession.

Art. 20 removal of recognition recognition of J + S framework is valid until the end of the second calendar year following its obtainment or following the last continuous training; the recognition is removed if the continuous training obligation is not met.
J + S framework recognition can be recovered if the obligation of continuous training is completed within 4 years. For those whose recognition is removed for more than 4 years, the FOSPO may provide reintegration modules.
If the recognition of a J + S framework comes during a J + S offer, it can continue to operate until the end of the course or assigned camps; If a J + S coach is concerned, he can exercise its activity until the end of the offer.

Art. 21 suspension and withdrawal of recognition the FOSPO may suspend or withdraw the recognition of a framework in the following cases: a. failure to comply with the obligations in the Act, in this order or in the enforcement provisions resulting; b. inability of this framework to accomplish his task; OUC. possible collaboration between this framework, on a hand, and the FOSPO or cantonal service J + S, on the other hand, due to the deterioration of their relationship of trust.

Instead to suspend the recognition of a framework or withdraw, the FOSPO can bind the continuation of its activity of framework loads.
In less severe cases, it can issue a warning.

Section 6 Allocation of funding art. 22 grants for J + S and J + S coaches offers within the limits of maximum subsidies fixed by the DDPS, FOSPO allocates grants to the organizers of the J + S offers for the realization of their offerings as well as for the J + S coaches.
These grants are allocated: a. If the J + S offer was announced and authorized beforehand and within the planned time; (b) if the specific requirements of the J + S offer are met, etc. If, once the J + S complete offer, the organizer introduced count on time.

The FOSPO in each case the amount of subsidies within the limits of the appropriations authorised and maximum subsidies fixed by the DDPS.
The FOSPO peut, for special events such as competitions, allocate special subsidies to certain sports offers for children and young people even if these offers do not meet the specific conditions defined in art. 8, al. 1 and 2.
Permissions are granted: a. by the responsible authority of the consummation of the offer J + S in the canton in which the organization is located for offers of the GU 1, 2, 3 and 5, as well as offers of Commons addressing GU 4; b. by the FOSPO to cantonal and national sports federations of the GU 4 offers, as well as for the offers of the GU 6 and 7.

In sports admitted temporarily, it is not allocated grants for the realization of offers. The DDPS can allocate a fixed annual grant to the federations that oversee these sports.

Art. 23 amount of subsidies allocated for the realization of offers J + S grants are based: a. the number of participants; (b) the number, frequency and volume training and competitions during a given period; c. user group; c. sport; d. the level of performance of participants as well as the level of training of coaches of the J + S statement for the GU 7 offers.

Additional grants may be allocated to sports practice requiring security measures or special qualifications on the part of the monitors. The DDPS determines these sports.
Additional subsidies may be granted: a. to J + S of the GU offers 5 integrating children; b. to J + S offers integrating children and young people with disabilities.

No additional subsidies under paras. 2 and 3 is allocated to the GU 7 offers.
The DDPS determines the amount of the grants. It periodically adapts grants to inflation.

Introduced by chapter I of O on August 20, 2014, in effect since Oct. 1. 2014 (2014 2841 RO).

Art. 24 amount of subsidies for coaches J + S subsidies for coaches J + S are based on the amount of subsidies allocated for the realization of the J + S offers. They Ascend up to 10% of the total amount.

Additional subsidies within the meaning of art. 23, al. 2 and 3, are not taken into account in the calculation of the lump sum. For offers of 7 GU, the calculation is based on the level of performance and the level of training low.
The DDPS determines the amount of the grants.
No subsidy is granted when a cantonal service J + S or the FOSPO employees act as coach J + S as part of their professional activity.

Art. 25 grants for the training of managers the FOSPO can subsidies, within the framework of the appropriations authorised limit, the organizers of the training for managers.
The DDPS determines the maximum grants and the procedure.

Art. 26 decision on the amount of subsidies after closing of the offer, the FOSPO decides the final amount of subsidies based on the count that was handed to him. It can also ensure that application requirements have been met.

Art. 27 reduction and refusal to grant the FOSPO may reduce subsidies for an organizer or refuse payment: a. If the Organizer, its organs or executives J + S are exceptions to the obligations set out in the Act, in this order or in the enforcement provisions resulting; b. If the Organizer, its organs and its members or executives J + S break the rules of ethics and safety in sport during activities J + S.

As long as criminal or administrative proceedings underway against a frame that is affiliated with an organizer, the FOSPO may suspend payment of subsidies this organiser.
In case of serious offence, it can exclude the organiser of any participation in J + S for a fixed or indefinite period.
J + S recording sports, by report total tender carried out, a particularly large number of offences provisions provided in the Act or in this order or to the enforcement provisions resulting, FOSPO can reduce overall subsidies by the DDPS or temporarily suspend the encouragement measures in favour of these sports.

Section 7 other benefits of the Confederation art. 28. the FOSPO provides the necessary training materials or publishes them himself; It distributes them free of charge or against payment.
It may organize training courses for people dealing with J + S in the cantons or private organizations.
It may provide for the realization of the J + S offers and materials for the training of executives, as well as benefits in kind.
It can grant to people who participate in the training of managers of discounts on public transport to get to training courses and further education.

Repealed by no I of O on August 20, 2014, with effect from Oct. 1. 2014 (2014 2841 RO).

Section 8 other provisions of Organization art. 29 realization the cantons designate an authority responsible for the realization of the J + S offers. They provide such infrastructure as well as the human and financial resources.
They take appropriate measures to actively promote J + S.
The federal Office for buildings and logistics (FBL) ensures, if necessary and in agreement with the FOSPO, printing and distribution of printed matter, the textbooks and the distinctions.

Art. 30 monitoring cantons oversight offers what they allow.
They perform periodic and systematic controls. These controls can be provided at the place of training.
If they find irregularities, the cantons clarify the facts, take the steps which are needed and send a report to the FOSPO.
The FOSPO has the general supervision of the realization of the J + S offers and management training. It can load J + S experts control the quality offers J + S and offers management training.

New content according to section I of the sept 11 O. 2015, in effect since Dec. 1. 2015 (2015 3701 RO).

Art. 31 collaboration of the FOSPO with the cantons and the FOSPO federations organizes regular conferences with representatives of the cantonal authorities responsible for the realization of offers J + S as well as with the federations of youth associations and other organizers of the training of executives.
It considers issues related to the development, planning and implementing J + S offerings and management training.
The FOSPO regularly exchange information and experiences with the cantons and the federations and interested Swiss institutions. He consulted before making any important decision.

Chapter 3 general Encouragement of sport and physical activity Section 1 Encouragement of sport and physical activity of adults art. 32 program Sport of adults Switzerland the Confederation promotes the sport of adults by supporting organizations that offer training courses and ongoing training to executives who run sports offers for adults.
This support is provided through the Sport of adults Switzerland (ESA) program.
The FOSPO allocates grants to the organizers of the training for managers within the limits of the appropriations authorised. The DDPS fixed subsidies and the procedure.

Art. 33 frames Font part of holders of a recognition of monitor or expert ESA executives.
Anyone who has followed successfully training and ad hoc training can be recognized instructor or expert ESA. The recognition is awarded by the FOSPO, on the proposal of the organizer of the training for managers. In justified cases, the FOSPO can deviate from the proposal.

Art. 34 training managers the DDPS regulates admission to management training and continuous training necessary to conserve and recover the certificate.
It sets the duration and content of training and continuous training.

New content according to section I of the sept 11 O. 2015, in effect since Dec. 1. 2015 (2015 3701 RO).

Art. 35 executives ESA obligations, in the exercise of their activity, apply the principles of ethics and safety in sport, as well as the guiding principles of ESA. They take the necessary measures to prevent accidents.

Art. 36 monitors ESA ESA monitors can run sports offerings for adults. Are excluded the activities of the sports listed in the art. 7, al. 2, let. a and c.

Art. Organizers of the training and training 37 continues ESA the training instructors and ESA monitors training can be arranged by the FOSPO, the cantons or by legal persons of private law, notably by sports federations and supraregional organizations involved in the sport of adults.
The FOSPO contracts of services with the organizers of the training and continuous training.

Art. 38 experts ESA ESA experts form the monitors and other ESA experts in fulfilling the tasks which they are responsible under this order and the other implementing provisions.
The FOSPO organizes training and continuous training ESA experts.
For this purpose, it may associate the organizers referred to in art. 37, al. 1 on the basis of a convention or commissioning them.
The organizers of the training managers receive fees appropriate to the participants.

Art. 39 removal and withdrawal of recognition recognition of ESA framework is valid until the end of the second calendar year following his award or following the last training successful; the recognition is removed if the continuous training obligation is not met.
The certificate can be recovered if a continuing education course is successfully completed.
The FOSPO withdraws recognition of an ESA framework in the following cases: a. criminal conviction inspired doubts based on the ability of this framework to assume his task properly; (b) repeated violations of the obligations referred to in art. 35. new content according to section I of the sept 11 O. 2015, in effect since Dec. 1. 2015 (2015 3701 RO).

Section 2 other measures of encouragement of sport art. 40. the FOSPO takes, in addition to those referred to in titles 1 and 3, measures to encourage physical and sporting activities of the whole population, particularly during the training, in the workplace, leisure and at an advanced age. It can support the public law and private law organisations whose activity is consistent with art. 1 most.
He may delegate attendants special tasks with the cantons, Commons, sports federations or the organisers of sports events.

Chapter 4 Federations national sports art. 41. the umbrella federation of Swiss sport receives an annual grant to encourage, develop and support the Swiss sport.
The FOSPO contracts with the umbrella federation of services which regulates including cash benefits and benefits in kind provided by the Confederation, the umbrella federation and the national sports federations.
Federal grants are used: a. to promote the training of coaches, athletes and leaders sports; (b) to encourage the popular sport; c. supporting elite sport and succession in competitive sport; d. to meet obligations under ethics and safety in the sport.

The FOSPO can provide directly to the national sports federations which are intended for; It may enter into contracts of services with them.

Chapter 5 facilities sports art. 42 design of sports facilities of national significance the FOSPO refreshes the design of sports facilities of national significance (CISIN) every 4 years at least in collaboration with the federal services concerned.
The CISIN highlights: a. the objectives of the policy of encouragement of the Confederation; (b) the availability of the facilities of national significance be existing; c. the needs of national sports federations for sports facilities for their activities of training and competition, on the basis of their own designs; d. priorities in terms of achievement and the financial implications; e. the State of implementation.

The appropriations for the financing of financial aid are required from Parliament through a message.

Art. 43 national importance of a sports facility the DDPS sets out the conditions that a sports facility must meet to be recognized of national importance.
The FOSPO establishes an inventory of the existing sports facilities of national significance and assesses needs with respect to other facilities in this category.

Art. 44 financial aid for the construction of sports facilities, financial aid for the construction of sports facilities include financial aid for the construction of new sports facilities or the expansion of existing fixed installations. They can reach up to 40% of the costs considered.
The Confederation may grant aid to finance the acquisition of mobile facilities when they respond better to the needs of the national sports federation concerned that a fixed.
The granting of financial assistance is subject to the following conditions: a. installing meets the conditions referred to in art. 43; b. construction and long-term operations are financially guaranteed; c. its long-term use is guaranteed contractually by at least a national sports federation.

The DDPS determines the amount of the costs considered; it can set other conditions.
It can grant financial aid for installations integrated in the training centres and courses of Macolin and Tenero provided that these facilities are intended to be used mainly by one or more national sports federations.
No financial assistance may be granted to finance the operation of facilities.

Art. 45 sports facilities service the FOSPO manages sports facilities service that develops recommendations for the planning, construction, equipment and operation of sports facilities and advises others in these areas.

Title 2 training and research chapter 1 Sport at school Section 1 provisions general art. 46 Physical Education physical education allows to acquire and develop, under general mandate education and training, building and sports skills.

Art. 47 development of quality and monitoring the development of quality and quality assurance in schools must take into account physical education.
Physical education is the subject of monitoring of training carried out jointly by the Confederation and the cantons.

Section 2 Education physical compulsory school and upper secondary art. 48 definitions are deemed mandatory children's schools and classes in primary and secondary levels I whose attendance is mandatory by cantonal law.
Are deemed the secondary schools upper secondary schools, including gyms and schools of specialized maturity.

Art. 49 number of lessons the physical activity and sport must be integrated into daily teaching pre-school when it is mandatory as well as during the first 2 years of primary school level when it has eight.
Subject to para. 1, physical education must include at least 3 weekly lessons at primary and secondary levels I.
In upper secondary schools, physical education must be at least 110 lessons per school year. The lessons are evenly distributed throughout the school year.

Art. 50 curriculum the cantons ensure that those who teach physical education have a study specific to the concerned school degree plan. The FOSPO is developing for this purpose recommendations related to the content.

Physical section 3 Education in vocational schools art. 51 mandatory under federal law of December 13, 2002 on vocational training, the regular teaching of physical education is mandatory for the vocational training of a duration of 2 to 4 years.

RS 412.10 art. 52 number of lessons for in-house initial training, physical education is spread over: a. for school training with less than 520 annual lessons of general education and vocational training: 40 lessons at least; b. for education with more than 520 annual lessons of general education and vocational training: at least 80 lessons.

For initial training in school, physical education includes at least 80 lessons per school year.
The Secretary of State for training, research and innovation (SERI) fixed number of lessons in the orders on initial vocational training.
The study school plans set the distribution of lessons. 4 lessons a day are maximally due to the minimum figures set in the al. 1 and 2.

The name of the administrative unit has been adapted to 1 Jan. 2013 in application of art. 16 al. 3 o from 17 nov. 2004 on official publications (RS 170.512.1). This mod has been taken throughout the text.

Art. 53 curriculum framework and plans for sport studies the SERI establishes, after consultation of the FOSPO, a curriculum framework for teaching the sport in vocational schools.
They are developing a study plan for the sport on the basis of the framework curriculum.
The cantons control the quality of curricula for sport and their application.

Art. 54 qualification of vocational schools students ensure that physical education gives rise to at least a qualification of the learners per school year and that it is attested.

Chapter 2 federal school of sport Section 1 status and tasks art. 55 high Federal School of sport the high Federal Sports School (HEFSM) is integrated into the FOSPO.
The HEFSM is free for research and teaching.
The HEFSM carries out its tasks independently or collaboratively with other Swiss institutions or foreign.

Art. 56 members of the HEFSM members of the HEFSM are: a. the Rector; (b) the members of the Directorate of studies; c. the faculty members; d. scientific employees; (e) administrative and technical personnel of the FOSPO, insofar as it assumes tasks for the HEFSM; f. students; g. listeners.

The DDPS fixed tasks of the members of the HEFSM and the special terms of appointment of staff at the high school.
Employees facing the FOSPO provides, as part of their commitment, time for a thesis work, are subject to the code of obligations.
When the working time is granted to an employee under a contract under public law to write a doctoral thesis, an agreement providing for the dissolution of his contract and the conclusion of a contract of employment governed by the code of obligations is established in advance with him.
Students can form an association of students and confer the interlocutor in the face of the HEFSM quality.

Art. 57 teaching the HEFSM offers the following studies and training sectors: a. courses of bachelor and master in sport; b. study courses for coaches.

It may propose in particular courses of study and the following courses: a. modules of training for students in universities and teacher training colleges sport; b. course postgrade; c. complementary channels for sport instructors.

Art. 58 research and development the HEFSM performs applied research and development work in the field of sport science.
She runs tasks of federal government research in the field of sport and physical activity, particularly for policy advice, expertise, evaluation and monitoring.

Art. 59 the HEFSM service delivery provides service in sport science.

Section 2 courses of studies and training art. 60 admission to school studies at the bachelor level places are assigned according to the results of an aptitude test.
Places of study at the master's level are allocated under an application procedure.
The DDPS sets the conditions and the procedure for admission.

Art. 61 taxes the DDPS fixed taxes applicable to courses of studies and training, courses and evaluations of skills of the HEFSM.

It can predict taxes of studies higher for foreign students who are not domiciled in Switzerland when registering at the test of fitness or the application process.

Art. 62 fields of study bachelor and master courses of study bachelor prepare students for the exercise of a professional activity in the field of sport. They include a provision of studies of 180 ECTS points, according to the Bologna on December 4, 2003.
Courses of study master are part of an extension of the HEFSM bachelor studies. They include a provision of studies from 90 to 120 ECTS points, according to Bologna.
Recipients may wear the following protected titles: a. "Bachelor of Science in Sports with orientation in [designation of direction]"; b. "Master of Science in Sports with [designation of the guidance] guidance."

They can complete the title by adding "high Federal Sports School of Macolin, HEFSM.
The title of 'master of sport sport HES HES/mistress' awarded earlier remains protected. Holders of this title are also entitled to use the title of "Bachelor of Science high school sport of Macolin Federal in sports" or "Bachelor of Science high school sport of Macolin Federal in Sports."
The DDPS rule the direction of studies, graduation requirements and the duration of the studies.
The FOSPO may issue regulations on the Organization of courses of study, the contents of the different courses of study and the completion of the assessments of competence.

SR 414.205.1 art. 63 the HEFSM postgrade courses can propose giving the right Postgrad courses recognition of postgraduate (Certificate of Advanced Studies in [designation of specialization]), a diploma of postgraduate (Diploma of Advanced Studies in [designation of specialization]) or a master's degree postgraduate (Master of Advanced Studies in [designation of specialization]).
Are admitted to courses postgrade graduates of a high school.
Students who have not graduated from a high school may be admitted to the postgrade courses if they provide another way the evidence of their ability to follow these.
The DDPS fixed the number of courses for each stream.

Art. 64 notification of qualifications by a decision if a student is not agree with the execution or the appreciation of a skills assessment, the FOSPO makes his request a decision as long as the conditions set out in art. 5 of the Federal Act of 20 December 1968 on administrative procedure are met.
The direction of studies explains beforehand the results to the student.
Diploma of bachelor and master qualifications as well as other formations are notified by a decision.

RS 172.021 art. 65 disciplinary to the HEFSM law students can be prosecuted for disciplinary offence is they: a. annoy bodies or members of the institution in the exercise of their functions or other students in their studies; (b) disrupt the flow of the course; c. violate the rules of attendance; d. Act in a dishonest during a work or a review way e. to violate the rules of procedure of the FOSPO.

Disciplinary measures are: a. the blame; b. the blame with the threat of exclusion of the courses and examinations; (c) the exclusion of courses and exams for the semester concerned; d. exclusion of studies.

Are empowered to pronounce disciplinary measures: a. the Director of studies for the measures mentioned in para. 2, let. a and b, as well as to the measures cited in the let. c to the extent where these do not impede the graduation; b. the Rector, for the measures mentioned in para. 2, let. c to the extent where they can impede the graduation, as well as the measures to the let. d. the person concerned in particular has the right: a. to consult documents; b. to be summoned and questioned; c. to be assisted or represented.

The decision on a disciplinary measure must be notified in writing, motivated, and indicate remedies.

Chapter 3 research in sciences of sport art. 66 General the FOSPO is involved in the planning and coordination of research policy according to the law of 7 October 1983 on the encouragement of research and innovation.
He is developing a research plan for a period of 4 years. The plan takes into account the research of the HEFSM strategy.

RS 420.1 art. 67 body of the FOSPO research conducts research within the meaning of art. 58 through the HEFSM.

Art. 68 the FOSPO research mandates peut, in appropriations, assign mandates to public or private research institutes that serve the goals and direction of the Confederation sport science research.

Art. 69 research grants the DDPS peut, upon request and as part of appropriations, grants to research institutions public or private for the realization of research projects which have a close relationship with current issues of the sport and the encouragement of sport policy.
Grants are generally allocated for up to 3 years and amounts to 70% of costs reported and acknowledged by the DDPS case-by-case.
If the DDPS decides the allocation of research funding, it concludes a contract with the applicant. It can match the subsidization of conditions.

Art. 70 statistics the FOSPO may, in addition to the statistics of the federal statistical Office, make or have made surveys and statistical studies on the sport.

Title 3 competitive Sport art. 71 measures of encouragement the FOSPO encourages elite sport and succession in competitive sport taking account of the measures taken in this sense by the sports federations national with their interests.
It can, until the secondary level II support sports schools which, in addition to academic training, take special measures to encourage the next generation in competitive sport.

Art. 72 events and international sports congresses the Confederation may contribute to the costs application and organization of international sporting events if the following conditions are met: a. the sport in question is particularly important in Switzerland or the event is particularly important for the Swiss economic; b. There is a European or global event that does not take place regularly in Switzerland; c. it is an event which does not fit in the series of competitions played regularly; d. Organization of the sports event is awarded by an international federation or an international Organizer on the basis of an application; (e) the federation umbrella sport whose statement the demonstration takes special measures of encouragement in the sports event.

Participation amounts up to half of the conversion amount allocated jointly by the cantons and communes in the demonstration. The due amount in the DDPS.
The amount of participation: a. the importance of the event; (b) the importance of the sport concerned in Switzerland. c the amount of benefits provided in the event by other services of the public community, including by the army and civil protection; (d) of the total amount of costs.

If the event is of particular interest for the Confederation, it may pay a higher financial contribution.
The al. 1, let. a and b as well as the al. 2 and 3 are applicable by analogy to the support of the International Congress of sport.

Title 4 doping art. 73 national anti-doping the DDPS agency designates a judged competent institution as a national anti-doping agency.
It loads the institution referred to in para. 1 take measures against doping by training, the Council, documentation, research and information and to apply the measures referred to in art. 20, al. 3, most; It supports its control through financial aid activities.
He concluded a service contract with the institution referred to in para. 1 and describes in detail the tasks to be performed as well as corresponding allowances. It also regulates financial aid for control activities.
Standard-setting activities and the tasks of representation of the Swiss Confederation to international organizations are not part of this mandate.
The FOSPO supervises the institution in terms of the tasks assigned. In case of dispute emanating from the services contract, the FOSPO makes a decision.

Art. 74 products and methods prohibited products banned in the sense of art. 19, al. 3, most are: a. the substances listed in the annex; b. their salts, esters, ethers and optical isomers; c. the salts, esters and ethers of their optical isomers; ETD. preparations containing these substances.

The methods within the meaning of art. 19, al. 3, most, are the methods listed in the annex.

Art. 75 doping controls anyone involved in a sports competition must submit to doping controls during the 12 hours preceding the beginning of the competition and after the end of the competition, during the time required for execution of the controls.
Are deemed to be all organized sports events sports competitions:

a. by the ridge of the Swiss sports federation and the federations affiliated as well as by their sous-federations and associations; (b) under the provisions of an international or national federation.

Art. 76 requirements that must answer doping national anti-doping agency establishes annually a test planning. She fixed: a. the number of controls to be carried out; b. the optimal distribution of these controls in the various sports based on the risks specific to each; c. the distribution between controls in training and in-competition testing; d. the annual program.

The choice of athletes subject to doping control is performed using an independent procedure of sport; It must have an unpredictability for the person to control as well as for his entourage.
Controls are carried out unexpectedly. Exceptionally, namely during additional tests, they can be advertised. The private sphere of the controlled person must be protected.
Controls involving intervention in the body of the athletes (e.g., blood or tissue sample) must be done by people with the necessary knowledge, acquired through vocational training.
The procedure, used equipment and transport to the laboratory must comply with international standards.

Art. 77 analysis and use of the results of analysis the analysis of the samples is performed in accordance with international standards by a laboratory accredited internationally.
If the control is positive, the lab writes an understandable and credible analysis report to the attention of the authority responsible for the doping control, and meets the international standards.
The authority responsible for the doping control immediately signals the positive controls in the following instances: a. the competent federation disciplinary authority, asking him to initiate disciplinary proceedings; ETB. the competent prosecution authority, making him to send all the necessary documents.

Art. 78 the judicial authorities and the criminal prosecution authorities information the judiciary and prosecution authorities in case of violation of art. 22 most transmit the following information to the national anti-doping Agency: a. the identity (name, address, date of birth, nationality) of the person charged; b. the sport and discipline; c. the identity (name, address, date of birth, nationality) coach, doctors and others that frame the accused person; (d) the reason for the opening of the criminal investigation; e. indications of doping products narcotics or seized therapeutic products; (f) the minutes of interrogation g. information on sentences handed down under the most since its entry into force; h. decisions of the judicial authorities and the necessary criminal prosecution authorities, under art. 23, al. 3, most, to maintain the rights of the parties, and the correspondents; i. reasons other information to combat the misuse of doping products.

The judicial authorities and the criminal prosecution authorities cannot provide this information only if: a. they don't injure the personality of third-party rights; b. they do not compromise the criminal investigation.

Title 5 performance arts. 79 procedure for the payment of financial aid subject to contrary provisions in art. 32 most as well as derogatory provisions contained in art. 22 to 26 of this order, the provisions of Chapter 3 of the Act of 5 October 1990 on grants are applicable.

RS 616.1 art. 80 fees and prices for services of the FOSPO the DDPS shall draw up regulations of the taxes and fees for the provision of the FOSPO.
Fees to cover the costs should be seen for Postgrad courses referred to in art. 63. the FOSPO publishes a list of prices for common business services.
He is entitled to do not provide new benefits in the event of late payment of fees.

6 provisions title finals art. 81 repeal of the law in force are repealed: 1. the order of 21 October 1987 on the promotion of gymnastics and sports; 2. the order of 14 June 1976 on the teaching of gymnastics and sports in schools Professional; 3. the order of October 21, 1987, on the training of masters of education in universities; 4. the order of 17 October 2001 on the minimum requirements to respect during doping controls.

[RO 1987 1703, 1990 981, 1994 1392, 1996 3018, 1998-1472, 2000-2427-2966, 2002 723 annex 2 ch. 2-4003, 2004 4593, 2005-257, 2006-4705, 2007 4297 5823 ch. 3, 2011 5227 ch. I 4.2]
[RO 1403 1976, 1998 1822 art. 24 par. 1 let. e]
[RO 1987 1464, 1996 2243 ch I 22 3021]
[RO 2001 2971, 2007 1469 annex 4 ch. 6]

Art. Modification of existing law 82...

Mod. can be found at the RO 2012 3967 art. 83 J + S 1-5 Gu offers transitional provisions for children and young people as well as the offers of the J + S having already started training at the entry into force of this order are completed and counted under the previous law.
J + S of the GU offers 7 having already started at the entry into force of this order are carried out under the new provisions. The FOSPO can conclude with the organizers of conventions on a fixed support. These agreements are valid at the latest until 30 September 2014.
The curriculum framework in the sense of art. 53 must be established within 2 years after the entry into force of this order. The curricula for sport must be established within 2 years after the entry into force of the framework curriculum.

See also art. 83. art. Transitional 83aDisposition on August 20, 2014 changing the conventions referred to in art. 83, al. 2, are valid at least until 31 December 2015.

Introduced by chapter I of O on August 20, 2014, in effect since Oct. 1. 2014 (2014 2841 RO).

Art. Transitional 83bDisposition relating to September 11, 2015 changing the conventions referred to in art. 83, al. 2, have effect until 31 December 2019 at the latest.

Introduced by section I of the O on Sept. 11. 2015, in effect since Dec. 1. 2015 (2015 3701 RO).

Art. 84 entry into force this order comes into force on October 1, 2012.

Annex (article 74) products and prohibited methods I. products prohibited 1. Pharmaceutical substances prohibited pharmacological substances which are not included in the list below and which are not approved by a State health authority for therapeutic use in humans, e.g. drugs developing preclinical or clinical, drugs that are no longer available, drugs in own way, veterinary drugs.

2. anabolic and other agents anabolic a. exogenous anabolic steroids 1-androstenediol (5a-androst-1-ene-3a,17a-diol), (5a-androst-1-ene-3,17-dione) 1-androstenedione, bolandiol (estr-4-ene-3, 17-diol) bolasterone, boldenone, boldione (androsta-1, 4-diene-3, 17-dione), calusterone, clostebol, danazol (17a-ethynyl-17a-hydroxyandrost-4-eno[2,3-d]isoxazole), dehydrochlormethyltestosterone (4-chloro-17a-hydroxy-17a-methylandrosta-1,4-diene-3-one), (17a-methyl-5a-androst-2-en-17a-ol) desoxymethyltestosterone, drostanolone ethylestrenol (19-nor-17a-pregn-4-en-17-ol), fluoxymesterone formebolone, furazabol (17a-hydroxy-17a-methyl-5a-androstano[2,3-c]-furazan), gestrinone, 4-hydroxytestosterone (4,17a-dihydroxy-androst-4-en-3-one), mestanolone, mesterolone , metenolone, methandienone (17a-hydroxy-17a-methylandrosta-1,4-diene-3-one), methandriol methasterone (2a,17a-dimethyl-5a-androstane-3-one-17a-ol), (17a-hydroxy-17a-methylestra-4,9-diene-3-one) methyldienolone, methyl-1-testosterone (17a-hydroxy-17a-methyl-5a-androst-1-en-3-one), (17a-hydroxy-17a-methylestr-4-en-3-one) methylnortestosterone, methyltestosterone, metribolone (17a-hydroxy-17a-methylestra-4,9,11-triene-3-one methyltrienolone), mibolerone, nandrolone, 19-norandrostenedione (estr-4-ene-3, 17-dione), norboletone, norclostebol, norethandrolone, oxabolone, oxandrolone, oxymesterone, oxymetholone, prostanozol (17-hydroxy-5-androstano [3, 2 - c] pyrazole), quinbolone stanozolol stenbolone 1-testosterone (17a-hydroxy-5a-androst-1-ene-3-one), (18a-homo-pregna-4,9,11-triene-17b-ol-3-one) tetrahydrogestrinone, trenbolone b. Anabolic steroids endogenous androstenediol (androst-5-ene - 3 b, b 17-diol), androstenedione (androst-4-ene-3, 17-dione) dihydrotestosterone (17a-hydroxy-5a-androstan-3-one), prasterone (dehydroepiandrosterone, DHEA), testosterone c. other anabolic agents clenbuterol; selective modulators (SARM) androgen receptors; tibolone; Zeranol; zilpaterol.

3. erythropoiesis stimulating agents the following substances, as well as their release factors:

Epoetin alfa, beta, delta, omega, theta, zeta and human erythropoietines similar recombinant, darbepoetin alfa (dEPO), methoxy polyethylene glycol-Epoetin beta, synonym: PEG-Epoetin beta, continuous erythropoiesis receptor activator (CERA), stabilizers (HIF), peginesatide (hematide) hypoxia inducible factors.

4. growth hormone, insulin-like growth factors and other factors of growth hormone of growth GH, growth hormone release factors (synonym: growth hormone releasing hormone (GHRH)), peptide growth hormone release secretines (synonym: growth hormone releasing peptides (GHRP)), growth factor similar to insulin (e.g., IGF-1, similar to the IGF-1), fibroblast growth factor (FGF) , growth factor of hepatocytes (HGF), mechanical (FGM) growth factor, derived from platelets (PDGF) growth factor, factor vascular endothelial growth (VEGF), as well as any other factor of growth, in the muscle, tendon or ligament, synthesis and/or protein degradation, Vascularity, the use of energy, regenerative capacity or change of the type of fiber.

5. Gonadotropines chorionic gonadotropin (CG), luteinizing hormone (LH), choriogonadotropin alfa, lutropin alfa 6. Insulin insulin 7. Relatively relatively, tetracosactide 8. Inhibitors of aromatase aminoglutethimide, anastrozole, androsta-1, 4, 6-triene-3, 17-dione (androstatrienedione), 4-androstene-3, 6, 17 trione (6-oxo), exemestane, formestane, letrozole, testolactone 9. Selective modulators of receptors to oestrogens (SERM) raloxifene, tamoxifen, toremifene 10. Clomiphene, cyclofenil, fulvestrant 11 anti-estrogenic substances. Stamulumab 12 myostatin inhibitors. Hormonal modulators agonists of the receptor activated by proliferators of a (Ppara) (e.g. GW 1516) peroxisomes and the axis Ppara-protein kinase activated by the MPA (e.g. AICAR) (AMPK) agonists.

II. methods prohibited 1. Improvement of oxygen transfer blood doping, including the use of products blood autologous, homologous or heterologous or red blood cells from all sources, as well as the artificial improvement of consumption, the transport or the release of oxygen, particularly by chemicals perfluorinated, efaproxiral (RSR13) and modified haemoglobin products (e.g. haemoglobin-based blood substitutes ", products based on cross-linked haemoglobin).

2. chemical and physical manipulation tampering or attempted tampering, in order to alter the integrity and validity of samples collected during doping controls.

3. gene doping the transfer of nucleic acids or nucleic acid sequences and/or the use of normal or genetically modified cells.

State on December 1, 2015

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