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RS 415.01 Order of 23 May 2012 on the encouragement of sport and physical activity (Ordinance on the encouragement of sport, OESp)

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

(Sport encouragement order, OESp)

On 23 May 2012 (State 1 Er December 2015)

The Swiss Federal Council,

Having regard to the Act of 17 June 2011 on the encouragement of sport (LESp) 1 , given art. 6, para. 5 of the Act of 24 March 2000 on the Personnel of the Confederation (LPers) 2 ,

Stops:

Title 1 Programmes and projects

Chapter 1 General Conditions of Support

Art. 1

The Confederation supports programs and projects to encourage sport and physical activity when it is in the public interest and the support otherwise provided is non-existent or insufficient. It only supports organizations that are involved in the funding of a program or project.

Chapter 2 "Youth and sport"

Section 1 Youth and Sport Goals

Art. 2

1 "Youth and Sport" (J + S) aims to:

A.
Develop and encourage sport for children and youth, taking into account the principles of ethics and safety in sport;
B.
To enable children and young people to participate fully in sport and to participate in the implementation of sports activities while promoting their integration into a sports community;
C.
Contribute to the development and development of young people from a pedagogical point of view and in terms of social integration and health;
D.
Encourage long-term, quality, and performance-based training for the young talent that make up the sport;
E.
Prepare the sports monitors for their tasks of framework J + S by offering them specific training, continuous training adapted to their needs and a follow up in the exercise of their function.

2 For the purposes of social integration or public health, in order to achieve gender equality or to promote the programme J + S, the Federal Office for Sport (OFSPO) can take measures encouraging specific groups of children and Young people to practice certain sports J + S, or to promote J + S to these groups.

Section 2 Offers J + S

Art. 3 Principle

1 J + S covers, on the one hand, the training of children and young people in the sports J + S in the context of courses and camps and, on the other hand, the training of managers.

2 The J + S courses and camps announced together by an organiser with the competent authority for a maximum period of one year shall be combined under the name of the offer J + S.

Art. 4 Participation in J + S courses and camps

1 All children and youth domiciled in Switzerland can participate in the J + S courses and camps.

2 Children and young people domiciled abroad can participate in the J + S courses and camps if they are of Swiss nationality.

3 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 during the course or camp.

4 Young people who reach the age of 20 during a course or camp J + S can finish it.

5 Participating in the J + S courses and camps is not a right.

6 Course and camp organizers J + S are allowed to admit children and youth who do not meet the conditions listed in paras. 1 to 4 provided that the maximum number of authorized participants is respected. These children and young people are not included in the calculation of grants and no other benefits are provided for them.

Art. 5 Location of course or camp

1 The J + S courses must take place in principle in Switzerland. Exceptionally, certain training or competitions may take place abroad.

2 The J + S camps must be held in principle in Switzerland. They can take place abroad if they are offered by an organiser providing the bulk of his courses and his J + S camps in Switzerland.

Section 3 Sports J + S and user groups

Art. 6 Conditions for admission of sports in J + S

1 Can be admitted to J + S sports whose practice contributes to the improvement of the physical and mental abilities of children and young people, in particular in order to promote their general development.

2 In determining sports, we will ensure that:

A.
The health and safety of participants, as well as the environment, are not under threat;
B.
The theoretical and pedagogical objectives of these sports are in accordance with the accepted ethical principles.

3 The Federal Department of Defence, Population and Sports Protection (DDPS) determines the sports J + S. The OFSPO can specify their content by referring to the disciplines in which they are composed.

4 In order to ensure the development of the sports J + S and the contact with the sports federations concerned, the OFSPO designates sports directorates. It may derogate from this principle for sports which are of minor importance because of the number of participants or disciplines in a sport.

Art. 7 Application for admission of a sport

1 Sports federations can ask the OFSPO to admit a sport in J + S. The OFSPO can provisionally admit it for 3 years. At the end of this period, the DDPS finally decides on admission.

2 Not allowed:

A.
Motor sports and aviation sports;
B.
Sports in which children and young people must put the opponent k.o.;
C.
Sports that pose a significant risk to participants, including sports covered by s. 1, para. 2, let. C e of the Federal Act of 17 December 2010 on mountain guides and the organisers of other activities at risk 1 .

Art. 8 User Groups

1 There are 7 user groups (GU) within J + S. The OFSPO divides offers among themselves according to the following classification:

A. 1
GU 1 S + S offers are offers offered by sports clubs or similar organisations, which enable children or young people to acquire and apply skills in one or more sports J + S on a regular basis, Targeted and directed within a stable group;
B.
GU 2 S + S offers are offers within the meaning of the let. A; their regularity, however, depends on the external conditions, such as wind, water or snow;
C. 2
The offers J + S of GU 3 are offers proposed by federations or youth associations which bring the children or young people, within the framework of a camp, to discover the game and sport by developing social aspects;
D.
GU 4 offers are offered by the Confederation, the cantons, the municipalities or national sports federations; these offers bring children or young people, within the framework of a camp, to discover sport by developing Social aspects or, in the course of courses, to acquire and apply skills in one or more sports J + S on a regular and targeted basis within a stable group;
E.
GU 5 S + S offers are offered by schools, which lead children or young people to acquire and apply, outside the compulsory school curriculum, skills in one or more sports J + S on a regular and targeted basis. A stable group; J + S camps can also be organised during school hours;
F.
The offers J + S of the GU 6 are offers proposed by the Confederation, the cantons, the municipalities, the sports federations, sports companies or similar organisations:
1.
In sports J + S of minor importance due to the number of participants,
2.
As special incentive measures within the meaning of s. 22, para. 4;
G. 3
The offers J + S of the GU 7 are offers proposed by national sports federations in sports J + S which meet the additional criteria applicable to the promotion of succession J +; these offers enable children or young people, in The J + S course framework, to acquire and apply skills in a J + S sport at 3 different performance levels in a targeted and directed manner within a stable group.

2 The OFSPO sets the criteria for the promotion of succession and the performance levels of the GU 7.


1 New content according to the c. I of the O of Sept. 11. 2015, in force since 1 Er Dec. 2015 ( RO 2015 3701 ).
2 New content according to the c. I of the O of August 20, 2014, in force since 1 Er Oct. 2014 ( RO 2014 2841 ).
3 New content according to the c. I of the O of August 20, 2014, in force since 1 Er Oct. 2014 ( RO 2014 2841 ).

Art. Specific requirements to be met by J + S sports and user groups

1 The DDPS sets for each user group:

A.
The minimum duration of courses and camps;
B.
The minimum number of lessons or activities per course and camp;
C.
The minimum duration of a lesson or activity.

2 It sets the maximum number of participants allowed per J + S monitor for courses and J + S camps in each sport.

3 The OFSPO may, within the limits of s. 6, para. 3, LESp, limit the age of participation in a sport, discipline or group of users.

4 The OFSPO determines the other specific requirements that govern the conduct of the J + S offers according to sports, disciplines and user groups.

Section 4 Organizers

Art. 10 J + S Offer Organizers

1 Whoever proposes to offer offers J + S (organizer) must:

A.
Be a legal person under private or public law, in particular a sports federation, a sports society, a youth association or a school;
B.
Be constituted in accordance with Swiss law, and
C.
Have its registered office in Switzerland.

2 Legal persons constituted as companies of capital or cooperatives, as well as natural persons, shall be admitted as organisers of offers J + S if their main business or professional activity falls within the scope of the Sport or the organisation of sporting activities.

3 The organizers offer courses or camps in one or more sports J + S.

Art. 11 Obligations of the organisers of the offers J + S

1 The organisers of the J + S offers shall ensure that the necessary measures are taken to ensure the safety of the participants, to protect their health and to prevent accidents, and to ensure that they are applied throughout the duration of the Course or camp.

2 If the organiser of an offer J + S finds that the responsible J + S executives neglect their duty to supervise and supervise during the implementation of this offer, he shall take the necessary measures and inform the cantonal authority responsible for the Realization of the offer J + S. If it finds a crime or a crime, it shall inform the criminal prosecution authority.

3 The organisers of the J + S offers inform the participants, their legal representatives and the relevant J + S managers of the risks involved in the practice of sport and draw their attention to the usefulness of accident and accident insurance. Liability insurance.

Art. 12 Organizers of executive training

1 The organisers of the training of managers are the OFSPO or the cantons.

2 The OFSPO can entrust the training of managers to sports federations and youth associations, professional organisations of sports monitors, training institutions and the army. 1

3 It lays down guidelines for the training of executives.

4 The RFSP determines the amount of fees collected from the participants. The military training courses are free of charge. 2


1 New content according to the c. I of the O of Sept. 11. 2015, in force since 1 Er Dec. 2015 ( RO 2015 3701 ).
2 New content according to the c. I of the O of Sept. 11. 2015, in force since 1 Er Dec. 2015 ( RO 2015 3701 ).

Section 5 Frames J + S

Art. 13 Frames

1 The J + S frames are all persons who hold a certificate: 1

A. 2
J + S monitor, including the J + S Sport Monitor;
B.
J + coach;
C.
Coach J +;
D.
Of expert J + S.

1bis Except as otherwise provided in this order or in a subordinate order, the provisions applying to the J + S monitors also apply to the J + S Sport Monitor. 3

2 Anyone who has successfully completed the training Ad hoc Can be recognized framework J + S. The OFSPO awards the framework recognition on the proposal of the organizer of the executive training. In justified cases, the OFSPO may depart from this proposal.

3 Recognition must be renewed every 2 years. To do so, the data subject must take a continuing education course.


1 New content according to the c. I of the O of Sept. 11. 2015, in force since 1 Er Dec. 2015 ( RO 2015 3701 ).
2 New content according to the c. I of the O of Sept. 11. 2015, in force since 1 Er Dec. 2015 ( RO 2015 3701 ).
3 Introduced by ch. I of the O of Sept. 11. 2015, in force since 1 Er Dec. 2015 ( RO 2015 3701 ).

Art. 14 Executive training

1 The DDPS rules the admission to the training of the managers, sets the broad orientations of this training and determines the continuing training necessary to obtain the framework recognition.

2 The OFSPO develops the structure of training and continuing education and makes framework studies plans available for the various offers of executive training.

3 It can:

A.
Provide, for the various framework functions, specialisations and continuous training on specific topics;
B.
Provide for different continuing education and training for the target group of children and the target group of young people;
C.
Prescribe continuous training of different durations according to sports, themes and target groups.

4 Admission to the training of executives or a specific course or module is not a right. The OFSPO decides on admission on a case-by-case basis.

Art. 15 Tasks

The J + S frames apply, as part of their activity, the principles of ethics and safety in sport as well as the J + S design. They take the necessary measures to prevent accidents.

Art. 16 J + S monitors

1 J + S monitors can direct courses and camps J + S or some activities within the course and J + S camps of an organiser if their training allows them.

2 The OFSPO establishes the training necessary for the exercise of the various activities as a monitor.

Art. 17 J + S Coachs

The J + S coaches represent the organizations that nominated them to the J + S and OFSPO cantonal services. They administer the J + S offers of their respective organizations.

Art. 18 Succession Coaches J + S

B + S feeder coaches are leading the promotions of the J + S succession promotion.

Art. 19 Experts J + S

J + S experts form J + S monitors, J + S coaches, J + S succession coaches as well as other J + S experts.

Art. Delete discoveries

1 The J + S Framework Recognition is valid until the end of the second calendar year following graduation or following the last continuous training; recognition is removed if the continuing education requirement is not met.

2 The J + S framework recognition may be recovered if the obligation of continuous training is fulfilled within 4 years. For those whose recognition has been suppressed for more than 4 years, the OFSPO can provide for reintegration modules.

3 If the recognition of a framework J + S is due during the duration of an offer J + S, it may continue to exercise its activity until the end of the courses or camps started; if the framework concerned is a coach J + S, it can carry on its activity up to the End of offer.

Art. Suspension and withdrawal of recognition

1 The OFSPO may suspend or withdraw recognition of a framework in the following circumstances:

A.
Non-compliance with the obligations set out in the Act, in this order or in the implementing provisions thereof;
B.
The inability of this framework to accomplish its task; or
C.
Impossible collaboration between this framework, on the one hand, and the OFSPO or the cantonal service J + S, on the other, due to the deterioration of their trust reports.

2 Instead of suspending the recognition of a framework or withdrawing it, the OFSPO may link the continuation of its framework activity to charges.

3 In less severe cases, it may issue a warning.

Section 6 Grant allocation

Art. Grants for the J + S and J + S Coaches

1 The OFSPO allocates, within the limits of the maximum grants set by the DDPS, grants to the organisers of the J + S offers for the implementation of their offers as well as for the J + S coaches.

2 These grants are allocated:

A.
Whether the J + S offer has been announced and authorized in advance and within the prescribed period;
B.
Whether the specific requirements for the realization of the J + S offer are met, and
C.
If, once the J + S offer is completed, the organizer has presented the count in due time.

3 The OFSPO shall, in each case, determine the amount of the grants within the limits of the authorised appropriations and the maximum grants fixed by the DDPS.

4 The OFSPO may, for special events such as international competitions, allocate special grants to certain sporting offers for children and young people even if these offers do not meet the specific conditions Defined in Art. 8, para. 1 and 2.

5 Authorizations are granted:

A.
By the authority responsible for the implementation of the offer J + S in the canton in which the organisation is located for the offers of GU 1, 2, 3 and 5, as well as for the offers of the municipalities addressed to the GU 4;
B.
By the OFSPO for the bids of the cantons and national sports federations of the GU 4, as well as for the offers of GU 6 and 7.

6 In provisionally admitted sports, it is not awarded grants for the making of tenders. The RFSP may allocate an annual lump sum grant to the federations that oversee these sports.

Art. Amount of grants awarded for the implementation of offers J + S

1 Grants are based on:

A.
The number of participants;
B.
The number, frequency and volume of training and competitions for a given period of time;
C.
The user group;
C Bis . 1
Sport;
D.
The level of performance of the participants and the level of training of the coaches of the succession J + S for the offers of the GU 7.

2 Additional subsidies may be allocated to sports where the practice requires safety measures or special qualifications on the part of the monitors. The RFSP identifies these sports.

3 Additional grants may be awarded:

A.
GU 5 J + S offers incorporating children;
B.
J + S offers with children and youth with disabilities.

4 No additional grants under paras. 2 and 3 is not allocated to GU 7 offers.

5 The RFSP determines the amount of the grants. It periodically adapts subsidies to higher prices.


1 Introduced by c. I of the O of August 20, 2014, in force since 1 Er Oct. 2014 ( RO 2014 2841 ).

Art. 24 Amount of Subsidies for Coaches J + S

1 The subsidies for J + S coaches depend on the amount of grants awarded for the implementation of the J + S offers, which amount to a maximum of 10 % of the total sum.

2 Additional grants within the meaning of s. 23, para. 2 and 3, are not taken into account in the calculation of the lump sum. For GU 7 offers, the calculation is based on the lowest level of performance and level of training.

3 The RFSP determines the amount of the grants.

4 No grant is awarded when employees of a cantonal service J + S or OFSPO perform the function of coach J + S in the course of their professional activity.

Art. 25 Executive Training Grants

1 The OFSPO may, within the limits of the appropriations allocated, pay grants to the organisers of the training of managers.

2 The DDPS determines the maximum grant and procedure.

Art. 26 Decision on the amount of grants

After the offer is closed, the OFSPO shall decide on the final amount of the grants on the basis of the countdown given to it. It can also ensure that the implementing requirements have been complied with.

Art. 27 Reduction and denial of subsidies

1 The OFSPO may reduce grants to an organiser or refuse payment:

A.
If the organizer, its organs or its J + S executives derogate from the obligations set out in the law, in this order or in the implementing provisions thereof;
B.
If the organizer, its organs and its members or its cadres J + S violate the rules of ethics and safety in sport when carrying out activities J + S.

2 As long as a criminal or administrative procedure is in progress against a framework affiliated with an organiser, the OFSPO may suspend the payment of grants to the organiser.

3 In the event of a serious infringement, he or she may exclude the organiser from any participation in J + S for a fixed or indefinite period.

4 In the sports J + S recording, in relation to the total number of offers made, a particularly significant number of infringements of the provisions provided for in the law or in this order or the implementing provisions resulting therefrom, the OFSPO may To reduce the overall subsidy set by the DDPS or to temporarily suspend the incentive measures taken in favour of these sports.

Section 7 Other Federal Benefits

Art. 28

1 The OFSPO provides the educational materials necessary for the training or publishes itself; it distributes them free of charge or against payment.

2 It can organise training courses for people who care for J + S in the cantons or in private organisations.

3 It can provide equipment for the realisation of the J + S offers and for the training of executives, as well as benefits in kind.

4 It can give people involved in the training of discounts on public transport to attend training and continuing training courses.

5 ... 1


1 Repealed by c. I of the O of 20 August 2014, with effect from 1 Er Oct. 2014 ( RO 2014 2841 ).

Section 8 Other organizational arrangements

Art. Realization

1 The cantons designate an authority responsible for the implementation of the offers J + S. They shall provide, in particular, the necessary infrastructure and financial and human resources.

2 They shall take appropriate measures to actively promote J + S.

3 The Federal Office for Construction and Logistics (OFCL) ensures, in case of need and agreement with OFSPO, the printing and distribution of printed matter, didactic manuals and distinctions.

Art. Monitoring

1 The cantons shall monitor the offers which they authorise.

2 They carry out systematic and periodic checks. These controls may be carried out at the training site.

3 If irregularities are found, the cantons clarify the facts, take appropriate action and report to the OFSPO.

4 The OFSPO exercises general supervision over the implementation of the J + S offers and the training of managers. It can instruct J + S experts to control the quality of J + S offers and offers of executive training. 1


1 New content according to the c. I of the O of Sept. 11. 2015, in force since 1 Er Dec. 2015 ( RO 2015 3701 ).

Art. Collaboration of the OFSPO with the cantons and the federations

1 The OFSPO regularly organises thematic conferences with representatives of the cantonal authorities responsible for the implementation of the J + S offers, as well as with sports federations, youth associations and other organisers of the Executive training.

2 It deliberates with them on issues related to the development, planning and implementation of the J + S offers and the training of executives.

3 The OFSPO regularly exchanges information and experiences with the cantons and interested Swiss federations and institutions. He consults them before making any important decisions.

Chapter 3 General encouragement of sport and physical activity

Section 1 Encouraging the sport and physical activity of adults

Art. 32 Adult Sport Programme Switzerland

1 The Confederation encourages the sport of adults by supporting organisations that offer courses in training and in-service training for executives who run sports offers for adults.

2 This support is provided through the Adult Sport Switzerland (ESA) programme.

3 The OFSPO allocates grants to the organisers of the training of executives within the limits of the appropriations allocated. The RFSP establishes grants and procedures.

Art. 33 Frames

1 The managers are the holders of a monitor or an ESA expert.

2 Anyone who has successfully completed training and ad hoc in-service training can be recognised as a monitor or an ESA expert. The recognition is awarded by the OFSPO, on the proposal of the organiser of the formation of the managers. In justified cases, the OFSPO may depart from the proposal.

Art. 34 Executive training

1 The DDPS rules the admission to executive training and the continuing training required to maintain and recover the certificate obtained. 1

2 It sets out the duration and content of training and continuing training.


1 New content according to the c. I of the O of Sept. 11. 2015, in force since 1 Er Dec. 2015 ( RO 2015 3701 ).

Art. 35 Obligations

The ESA frameworks apply the principles of ethics and safety in sport, as well as the guiding principles of ESA. They shall take the necessary measures to prevent accidents.

Art. 36 ESA monitors

The ESA monitors can run sports offers for adults. Excluded are activities relating to sports listed in Art. 7, para. 2, let. A and c.

Art. Organisers of the training and in-service training of the ESA monitors

1 The training and in-service training of the ESA monitors can be organised by the OFSPO, by the cantons or by legal persons governed by private law, in particular by sports federations and other supraregional organisations which deal with the Adult sport.

2 The OFSPO enters into benefit contracts with the organisers of training and continuing education.

Art. 38 ESA experts

1 The ESA experts shall train the monitors and the other ESA experts in carrying out their tasks under this order and the other implementing provisions.

2 The OFSPO organises the training and in-service training of the ESA experts.

3 For this purpose, it may associate itself with the organisers referred to in Art. 37, para. 1 on the basis of a convention or mandater.

4 The organisers of executive training receive appropriate emoluments from the participants.

Art. 39 Removing and removing discoveries

1 ESA Framework Recognition shall be valid until the end of the second calendar year following its completion or following the last successful continuous training; the recognition shall be deleted if the obligation of continuous training is not fulfilled.

2 The certificate may be recovered if a continuing training course is followed successfully. 1

3 The OFSPO withdraws recognition of an ESA framework in the following cases:

A.
Criminal conviction based on doubts based on the ability of this framework to carry out its task properly;
B.
Repeated breaches of obligations under s. 35.

1 New content according to the c. I of the O of Sept. 11. 2015, in force since 1 Er Dec. 2015 ( RO 2015 3701 ).

Section 2 Other measures to encourage sport

Art. 40

1 In addition to those referred to in Titles 1 and 3, the OFSPO shall take measures to encourage the physical and sporting activities of the general population, in particular during training, in the workplace, in leisure and at age Advanced. It may support organisations of public and private law whose activity is in conformity with Art. 1 LESp.

2 It may delegate special tasks to the cantons, municipalities, sports federations or organisers of sporting events.

Chapter 4 National Sports Federations

Art.

1 The umbrella association of Swiss sport receives an annual grant to encourage, develop and support Swiss sport.

2 The OFSPO concludes with the umbrella federation a benefit contract which rules in particular the cash benefits and benefits in kind provided by the Confederation to the umbrella federation and the national sports federations.

3 Federal grants are used to:

A.
Promote the training of coaches, athletes and sport leaders;
B.
Encourage popular sport;
C.
Support elite sport and succession in competitive sport;
D.
To meet the obligations of ethics and safety in sport.

4 The OFSPO can provide the national sports federations directly with the benefits intended for them; it can enter into benefit contracts with them.

Chapter 5 Sports facilities

Art. Designing sports facilities of national importance

1 The OFSPO updates the Design of National Sport Facilities (CISIN) every 4 years at least in collaboration with the federal departments concerned.

2 The CISIN highlights:

A.
The goals of the Confederation Incentive Policy;
B.
Availability of existing national sport facilities;
C.
The needs of national sports federations with regard to sports facilities for their training and competition activities, on the basis of their own designs;
D.
Priorities in terms of achievement and financial implications;
E.
The implementation status.

3 Appropriations for the financing of financial aid are requested in Parliament by means of a message.

Art. 43 National Importance of a Sport Facility

1 The RFSP sets out the conditions that a sports facility must meet in order to be recognized of national importance.

2 The OFSPO establishes an inventory of existing national sport facilities and assesses requirements for other facilities in this category.

Art. 44 Financial aid for the construction of sports facilities

1 Financial aid for the construction of sports facilities includes financial aid for the construction of new sports facilities or the extension of existing fixed facilities. They can reach a maximum of 40 % of the costs.

2 The Confederation may grant aid to finance the acquisition of mobile facilities where they are better suited to the needs of the national sports federation concerned than a fixed installation.

3 The granting of financial aid is subject to the following conditions:

A.
The facility meets the conditions set out in s. 43;
B.
Its construction and long-term operation are financially secure;
C.
Its long-term use is guaranteed by at least one national sports federation.

4 The RFSP determines the amount of costs considered; it may set other conditions.

5 It may grant financial aid for integrated facilities in the training and training centres of Macolin and Tenero, provided that these facilities are intended to be used primarily by one or more federations National sports.

6 No financial assistance may be granted to fund the operation of facilities.

Art. 45 Sports Facilities Service

The OFSPO manages a sports facilities service that develops recommendations for the planning, construction, equipment and operation of sports facilities and advises third parties in these areas.

Division 2 Training and research

Chapter 1 Sport in Schools

Section 1 General provisions

Art. Physical Education

Physical education allows for the acquisition and development of sports skills and abilities within the general mandate of education and training.

Art. Quality development and monitoring

1 Quality development and quality assurance in schools must take into account physical education.

2 Physical education is monitored by the joint training of the Confederation and the cantons.

Section 2 Physical education in compulsory and upper secondary schools

Art. 48 Definitions

1 Children's schools and classes of primary and secondary level I whose use is made compulsory by cantonal legislation are deemed to be compulsory.

2 High-secondary schools are considered to be upper secondary schools, such as gymnasiums and schools of specialized maturity.

Art. Number of lessons

1 Physical activity and sports activity must be integrated into daily teaching in children's schools when it is compulsory, as well as in the first 2 years of primary education when the primary level is eight.

2 Subject to para. 1, physical education must have at least 3 weekly lessons at the primary and secondary levels.

3 In upper secondary schools, physical education must have at least 110 lessons per school year. Lessons are distributed on a regular basis throughout the school year.

Art. 50 Plan of study

The cantons shall ensure that persons who teach physical education have a plan of study specific to the school level concerned. The OFSPO is developing content recommendations for this purpose.

Section 3 Physical education in vocational schools

Art. Mandatory system

Pursuant to the Federal Act of 13 December 2002 on vocational training 1 , regular teaching of physical education is compulsory for vocational training courses lasting 2 to 4 years.


1 RS 412.10

Art. Number of lessons

1 For initial training in enterprises, physical education is divided into:

A.
For school training with less than 520 annual general culture and vocational training lessons: at least 40 lessons;
B.
For school training with more than 520 annual general culture and vocational training lessons: 80 lessons at least.

2 For initial training in schools, physical education includes at least 80 lessons per school year.

3 The State Secretariat for Training, Research and Innovation (SEFRI) 1 Sets the number of lessons in the initial vocational training orders.

4 The school plans set out the distribution of lessons. A maximum of 4 sports lessons per day is attributable to the minimum figures set out in paras. 1 and 2.


1 The designation of the administrative unit has been adapted to 1 Er Jan 2013 under Art. 16 al. 3 of the O of 17 Nov 2004 on Official Publications (RS 170.512.1 ). This mod has been taken into account. Throughout the text.

Art. Framework Study Plan and Study Plans for Sport

1 SEFRI establishes, after consultation with the OFSPO, a framework study plan for the teaching of sport in vocational schools.

2 They are developing a study plan for sport on the basis of the framework study plan.

3 The cantons control the quality of the study plans for sport and their application.

Art. Learner Qualification

Vocational schools shall ensure that physical education gives rise to at least one qualification of learners per school year and that it is attested.

Chapter 2 Federal High School of Sport

Section 1 Status and tasks

Art. Federal High School of Sport

1 The Federal High School of Sport (HEFSM) is integrated with the OFSPO.

2 The HEFSM is free in terms of research and teaching.

3 The HEFSM performs its tasks independently or in collaboration with other Swiss or foreign institutions.

Art. 56 HEFSM Members

1 HEFSM members are:

A.
The Rector;
B.
Members of the Education Directorate;
C.
Faculty members;
D.
Scientific collaborators;
E.
The administrative and technical staff of the OFSPO, as long as it performs tasks for the HEFSM;
F.
Students;
G.
Listeners.

2 The DDPS establishes the duties of the members of the HEFSM and the special engagement conditions of the high school staff.

3 The staff to whom the OFSPO grants, as part of their commitment, working time for the drafting of a thesis, are subject to the code of obligations.

4 When working time is granted to a collaborator subject to a contract of 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 pre-established with the applicant.

5 Students can form an association of students and give them the quality of contact with the HEFSM.

Art. 57 Education

1 The HEFSM offers the following courses of study and training:

A.
Courses of study Bachelor And Master In sport;
B.
Courses for coaches.

2 In particular, it may propose the following training courses and courses:

A.
Training modules for high school and high school sport students;
B.
Postgraduate courses;
C.
Complementary channels for sports monitors.
Art. Research and Development

1 The HEFSM carries out applied research and development in the field of sport science.

2 It carries out research tasks of the Confederation in the field of sport and physical activity, in particular for the political council, expertise, evaluation and monitoring.

Art. Service Delivery

The HEFSM provides services in sport science.

Section 2 Study and Training Subsidiaries

Art. 60 Admission to studies

1 Places of study at the level Bachelor Are assigned based on the results of an aptitude test.

2 Places of study at the level Master Are awarded under a nomination procedure.

3 The DDPS lays down the conditions and procedure for admission.

Art. 61 Taxes

1 The DDPS sets the fees applicable to education and training streams, courses and skills assessments of the HEFSM.

2 It may provide for higher education fees for foreign students who are not domiciled in Switzerland at the time of entry in the aptitude test or the application procedure.

S. 62 Study Filières Bachelor And Master

1 The fields of study Bachelor Prepare students for professional activity in the field of sport. They include a study benefit of 180 ECTS points, in accordance with the Bologna directives of 4 December 2003 1 .

2 The fields of study Master Are part of an extension of the studies Bach E Lor From the HEFSM. They include a study provision of 90 to 120 ECTS points, in accordance with the Bologna guidelines.

3 Winners may carry the following protected titles:

A.
" Bachelor of Science in Sports With guidance in [designation of orientation] ";
B.
" Master of Science in Sports With guidance in [designation of orientation] ".

4 They can complete the title with the addition of "Macolin Federal High School of Sport, HEFSM".

5 The title of "HES/HES Master of Sport HES" previously awarded remains protected. The holders of this title also have the right to bear the title of " Bachelor of Science Macolin in Sport Federal School of Sport "or" Bach E Lor of Science Macolin in Sports Federal School of Sport ".

6 The DDPS rules the course of studies, the requirements for degrees and the duration of studies.

7 The OFSPO may lay down requirements for the organisation of the courses of study, the content of the various fields of study and the carrying out of the assessments of competence.


S. 63 Post-grade Filières

1 The HEFSM may offer postgraduate courses eligible for post-graduation recognition ( Certificate of Advanced Studies In [designation of specialization]), a post-graduation diploma ( Diploma of Advanced Studies In [designation of specialization]) or diploma of Master Postgraduate ( Master of Adva N Forced Studies In [designation of specialization]).

2 Graduates of a high school are admitted to the post-grades sectors.

3 Students who are not graduates of a high school can be admitted to post-graduate courses if they provide otherwise evidence of their ability to follow them.

4 The DDPS sets the number of courses for each stream.

Art. 64 Notification of qualifications by decision

1 If a student does not agree with the performance or appraisal of a competency assessment, the OFSPO will make a decision as long as the conditions set out in s. 5 of the Federal Act of 20 December 1968 on administrative procedure 1 Have been completed.

2 The results to the student are explained in advance by the Directorate of Education.

3 End-of-study qualifications for Bachelor And Master And other training courses are notified by a decision.


Art. Disciplinary law at HEFSM

1 Students may be prosecuted for disciplinary misconduct if they:

A.
Interfere with the bodies or members of the institution in the performance of their duties or other students in their studies;
B.
Disrupt the course of the course;
C.
Violate attendance regulations;
D.
Act in a dishonest manner in a job or examination;
E.
Violate OFSPO's rules of procedure.

2 The disciplinary measures are:

A.
Blame;
B.
Blame with threat of exclusion of courses and examinations;
C.
Exclusion of courses and examinations for the relevant semester;
D.
Exclusion from studies.

3 The following are entitled to take disciplinary action:

A.
The Director of Studies, for the measures cited in para. 2, let. A and b, as well as for the measures referred to in the letter; c, insofar as these do not hinder the obtaining of the diploma;
B.
The Rector, for the measures cited in para. 2, let. C, insofar as these may hinder the obtaining of the diploma, as well as the measures referred to in the letter. D.

4 In particular, the person concerned has the right to:

A.
Consult documents;
B.
To be convened and questioned;
C.
Be assisted or represented.

5 The decision on a disciplinary measure must be notified in writing, reasoned, and indicate the legal remedies.

Chapter 3 Sport Science Research

Art. 66 General information

1 The OFSPO 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 1 .

2 It develops a research plan for a period of 4 years. The plan takes into account HEFSM's research strategy.


Art. 67 Research Body

OFSPO conducts research within the meaning of s. 58 through the HEFSM.

Art. 68 Search Mandates

The OFSPO can assign mandates to public or private research institutes that serve the purposes and direction of research in the sport sciences of Confederation.

Art. 69 Research Grants

1 The DDPS may, on request and within the framework of the appropriations allocated, grant grants to public or private research institutes for the conduct of research projects which are closely related to current issues of the Sport and encouragement of sport.

2 Grants are generally allocated for a maximum of 3 years and are up to 70 % of the costs reported and recognized on a case-by-case basis by the RFSP.

3 If the RFSP decides to award a research grant, it enters into a contract with the applicant. It may attach conditions to the subsidy.

Art. Statistics

OFSPO can, in addition to statistics from the Federal Statistics Office, carry out or carry out surveys and statistical studies on sport.

Title 3 Competition

Art. Incentives

1 The OFSPO encourages elite sport and falls within competitive sport, taking into account the measures taken in this direction by national sports federations and their interests.

2 It can, up to the secondary level II, support sports schools which, in addition to school training, take special measures to encourage succession in competitive sport.

Art. 72 International sports events and congresses

1 The Confederation may participate in the bid and organisation of international sports events if the following conditions are met:

A.
The sport concerned is of particular importance in Switzerland or the event is of particular importance to the Swiss economic position;
B.
It is a European or global event that does not take place regularly in Switzerland;
C.
It is an event that is not part of the regular series of competitions;
D.
The organisation of the sporting event is awarded by an international federation or an international organiser on the basis of an application;
E.
The federation hats the sport to which the event belongs, takes special incentive measures in the context of the sporting event.

2 Participation shall be up to one half of the amount attributable jointly by the cantons and municipalities to the event. The RFSP fixes the amount due.

3 The amount of participation depends on:

A.
The importance of the event;
B.
The importance of the sport concerned in Switzerland;
C.
The amount of benefits provided to the event by other services of the public community, including the military and civil protection;
D.
The overall cost amount.

4 If the event is of particular interest to the Confederation, the Confederation may make a higher financial contribution.

5 L' al. 1, let. A and b as well as paras. 2 and 3 shall apply mutatis mutandis to the support of international sports congresses.

Title 4 Doping

Art. National Anti-Doping Agency

1 The DDPS designates a competent institution as the national anti-doping agency.

2 He shall charge the institution referred to in para. 1 to take anti-doping measures through training, advice, documentation, research and information, and to apply the measures referred to in s. 20, para. 3, LESp; it supports its monitoring activities through financial aid.

3 He enters into a benefit contract with the institution referred to in para. 1 and describes in detail the tasks to be performed and the corresponding allowances. It also regulates financial aid for monitoring activities.

4 The normative activities, as well as the tasks of representing the Swiss Confederation to international organizations, are not part of this mandate.

5 The OFSPO shall exercise supervision of the institution in relation to the tasks delegated to it. In the event of a dispute arising out of the benefit contract, the OFSPO shall render a decision.

S. 74 Prohibited Products and Methods

1 Products prohibited within the meaning of s. 19, para. 3, LESp are:

A.
The substances listed in the appendix;
B.
Their salts, esters, ethers and optical isomers;
C.
The salts, esters and ethers of their optical isomers; and
D.
Preparations containing these substances.

2 Methods prohibited within the meaning of s. 19, para. 3, LESp, are the methods listed in the appendix.

Art. 75 Doping Controls

1 Every person who participates in a sports competition shall be subject to anti-doping controls during the 12 hours preceding the start of the competition and after the end of the competition, during the time required to carry out the tests.

2 All sports events organised are deemed to be sporting events:

A.
By the umbrella federation of Swiss sport and by the federations affiliated to it and by their sub-federations and associations;
B.
Under the provisions of an international or national federation.
Art. 76 Requirements to be met by doping controls

1 Every year, the National Anti-Doping Agency prepares a schedule of tests. It fixes:

A.
The number of controls to be carried out;
B.
The optimal allocation of these controls in the different sports according to the individual risks;
C.
The distribution between training controls and competitive controls;
D.
The annual programme.

2 The choice of athletes subject to doping control is carried out according to an independent procedure of the sport practised; it must have an unpredictable character for the person to be checked and for his or her entourage.

3 Controls are carried out unexpectedly. On an exceptional basis, they can be announced in further analysis. The private sphere of the controlled person must be protected.

4 Controls involving intervention in the body of athletes (p. Ex. Blood or tissue collection must be carried out by persons with the necessary knowledge acquired in the course of vocational training.

5 The procedure, the equipment used and the transport to the analytical laboratory must conform to international standards.

Art. 77 Analysing and using analysis results

1 Samples are analyzed according to international standards by an internationally accredited analytical laboratory.

2 If the control is positive, the laboratory shall draw up, to the attention of the anti-doping control authority, an analysis report that is understandable and credible and conforms to international standards.

3 The Doping Control Authority shall immediately report positive controls to the following:

A.
The disciplinary authority of the competent federation, asking it to initiate disciplinary proceedings; and
B.
The competent criminal prosecution authority, by sending all necessary documents to it.
S. 78 Information from the judicial authorities and criminal prosecution authorities

1 The judicial authorities and the competent prosecution authorities in the event of an infringement of s. 22 LESp transmit the following information to the National Anti-Doping Agency:

A.
The identity (surname, given name, address, date of birth, nationality) of the person charged;
B.
Sport and discipline;
C.
The identity (surname, given name, address, date of birth, nationality) of the coach, doctors and other persons who supervise the person charged;
D.
The reason for opening the criminal investigation;
E.
Indications concerning seized doping products, narcotics or therapeutic products;
F.
Minutes of questioning;
G.
Information on penalties imposed under the LESp since its entry into force;
H.
The decisions of the judicial authorities and the necessary criminal prosecution authorities, pursuant to Art. 23, para. 3, LESp, the maintenance of the rights of the parties, as well as the corresponding grounds;
I.
Other information likely to combat the abuse of doping products.

2 The judicial authorities and the criminal prosecution authorities may transmit this information only if:

A.
They do not remove the rights of the third party personality;
B.
They do not compromise criminal investigation.

Title 5 Enforcement

Art. Procedure for payment of financial aid

Subject to contrary provisions in Art. 32 LESp as well as derogatory provisions in art. 22 to 26 of this order, the provisions of Chapter 3 of the Act of 5 October 1990 on subsidies 1 Are applicable.


Art. 80 Fees for the benefits of OFSPO

1 The RFSP enacts a payment of fees and fees collected for OFSPO benefits.

2 Fees to cover the costs shall be collected for the post-grades referred to in Art. 63.

3 The OFSPO publishes a price list for current commercial benefits.

4 He is entitled not to provide any new benefits in the event of late payment of the fees.

Title 6 Final provisions

Art. Repeal of the law in force

Are repealed:

1.
The order of 21 October 1987 concerning the encouragement of gymnastics and sports 1 ;
2.
The Ordinance of 14 June 1976 on the Teaching of Gymnastics and Sports in Vocational Schools 2 ;
3.
The Ordinance of 21 October 1987 on the training of physical education teachers in universities 3 ;
4.
The order of 17 October 2001 on the minimum requirements for doping controls 4 .

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

Art. Amendment of the law in force

... 1


1 The mod. Can be viewed at RO 2012 3967

Art. 83 Transitional provisions

1 The J + S offers of the GU 1 to 5 for children and young people and the offers of the training of the J + S executives who have already started at the time of the entry into force of this order shall be completed and counted under the former right.

2 GU 7 offers J + S that have already commenced at the time of the coming into force of this order are made under the new provisions. The OFSPO can conclude agreements with the organisers on a flat-rate support. These conventions are valid no later than 30 September 2014. 1 .

3 The Master Study Plan within the meaning of Art. 53 must be established within 2 years of the coming into force of this order. The study plans for sport must be drawn up within 2 years of the entry into force of the framework study plan.


1 See also art. 83 A .

Art. 83 A 1 Transitional provision relating to the amendment of 20 August 2014

Conventions referred to in s. 83, para. 2, are valid no later than December 31, 2015.


1 Introduced by ch. I of the O of August 20, 2014, in force since 1 Er Oct. 2014 ( RO 2014 2841 ).

Art. 83 B 1 Transitional provision concerning the modification of 11 September 2015

Conventions referred to in s. 83, para. 2, have effect until 31 December 2019 at the latest.


1 Introduced by ch. I of the O of Sept. 11. 2015, in force since 1 Er Dec. 2015 ( RO 2015 3701 ).

Art. 84 Entry into force

This order shall enter into force on 1 Er October 2012.

Annex

(art. 74)

Prohibited Products and Methods

I. Prohibited Products

1. Prohibited Pharmaceutical Substances

Pharmacological substances that are not included in the following list and are not approved by a state health authority for therapeutic use in humans, p. Ex. Pre-clinical or clinical development drugs, drugs that are no longer available, drugs in a manner, veterinary drugs.

2. Anabolic and other anabolic agents

A. Exogenous anabolic steroids

1-androstenediol (5á-androst-1-en-3â, 17â-diol), 1-androstenedione (5á-androst-1-ene-3,17-dione), Bolandiol (estr-4-ene-3â, 17â-diol), Bolasterone , Boldennone , Boldione (androsta-1,4-dien-3,17-dione), Calusterone , Hattebol , Danazol (17á-ethynyl-17â-hydroxyandrost-4-eno [2,3-d] isoxazole), Dehydrochlormethyltestosterone (4-chloro-17â-hydroxy-17á-methylandrosta-1,4-dien-3-one), d Esoxymethyltestosterone (17á-methyl-5á-androst-2-en-17â-ol), Drostanolone , Ethylestrenol (19-nor-17á-4-en-17-ol), Fluoxymesterone , Formebolone , Furazabol (17â-hydroxy-17á-methyl-5á-androstano [2,3-c] - furazan), Gestrinone , 4-hydroxytestosterone (4,17â-dihydroxy-androst-4-in-3-one), Mestanolone , Mesterolone , Metenolone , Methandienone (17â-hydroxy-17á-methylandrosta-1,4-dien-3-one), Methandriol , Methasterone (2á, 17á-dimethyl-5á-androstane-3-one-17â-ol), Methyldienolone (17â-hydroxy-17á-methylestra-4,9-dien-3-one), Methyl-1-testosterone (17â-hydroxy-17á-methyl-5á-androst-1-en-3-one), Methylnortestosterone (17â-hydroxy-17á-methylestr-4-en-3-one), Methyltestosterone , Metribolone (methyltrienolone 17â-hydroxy-17á-methylestra-4,9,11-trien-3-one), Mibolerone , Nandrolone , 19-norandrostenedione (estr-4-ene-3,17-dione), Norboletone , Norclostebol , Norethandrolone , Oxabolone , Oxandrolone , Oxymesterone , Oxymetholone , Prostanozol (17â-hydroxy-5á-androstano [3,2-c] pyrazole), Quinbolone , Stanozolol , Stenbolone , 1-testosterone (17â-hydroxy-5á-androst-1-en-3-one), Tetrahydrogestrinone (18a-homo-pregna-4,9,11-triene-17 B -ol-3-one), Trenbolone

B. Endogenous anabolic steroids

Androstenediol (androst-5-ene-3 B , 17 B -diol), Androstenedione (androst-4-ene-3,17-dione), Dihydrotestosterone (17â-hydroxy-5á-androstan-3-one), Prasterone (dehydroepiandrosterone, DHEA), Testosterone

C. Other anabolic agents

Clenbuterol; selective androgen receptor modulators (MRSA); tibolone; zeranol; zilpaterol.

3. Stimulating erythropoiesis agents

The following substances, as well as their release factors:

Epoetin alfa, beta, delta, omega, theta, zeta and erythropoietin analogs, darbepoetine alfa (dEPO), methoxy polyethylene glycol-epoetine béta, synonym: PEG-epoetine béta, continuous erythropoiesis receptor activator (CERA), Stabilizers of factors inducible by hypoxia (HIF), péginesatid (hematid).

4. Growth Hormones, Insulin-like Growth Factors and Other Growth Factors

GH growth hormone, growth hormone release factors (synonym: growth hormone releasing hormone (GHRH)), peptide secretines for growth hormone release (synonym: growth hormone releasing peptides (GHRP)), factor Insulin-like growth (p. Ex. IGF-1, IGF-1 analogues), fibroblast growth factor (FGF), hepatocyte growth factor (HGF), mechanical growth factor (MGF), growth factor derived from platelets (PDGF), vascular endothelial growth factor (VEGF), as well as any other growth factors influencing, in muscle, tendon or ligament, protein synthesis and/or degradation, vascularization, energy use, regenerative capacity, or change in the type of Fiber.

5. Gonadotropins

Chorionic gonadotropin (GC), luteinizing hormone (LH), choriogonadotropin alfa, lutropin alfa

6. Insulin

Insulin

7. Corticotropin

Corticotropin, tetracosactide

8. Aromatase inhibitors

Aminoglutethimide, anastrozole, androsta-1,4,6-trien-3,17-dione (androstatrienedione), 4-androstene-3,6,17 trione (6-oxo), exemestane, formestane, letrozole, testolactone

9. Selective estrogen receptor modulators (SERM)

Raloxifene, tamoxifen, torecfen

10. Anti-estrogenic substances

Clomifen, cyclofenil, fulvestrant

11. Myostatin Inhibitors

Stamulumab

12. Hormonal dulators

Peroxidase-activated receptor agonists ä (PPARä) (p. Ex. GW 1516) and AMP-activated PPARä-protein kinase agonists (AMPK) (p. Ex. AICAR).

II. Prohibited Methods

1. Improved oxygen transfer

Blood doping, including the use of autologous, homologous or heterologous blood products or red blood cells of any origin, as well as the artificial improvement of the consumption, transport or release of oxygen, Including perfluorinated chemicals, faproxiral (RSR13) and modified hemoglobin products (p. Ex. Haemoglobin-based blood substitutes, products based on cross-linked hemoglobins).

2. Chemical and physical manipulation

Falsification or tampering with the aim of altering 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 1 Er December 2015