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RS 510.620.3 Convention of 17 September 2015 between the Confederation and the cantons on compensation and the arrangements for the exchange between the basic geodata authorities under federal law

Original Language Title: RS 510.620.3 Convention du 17 septembre 2015 entre la Confédération et les cantons sur l’indemnisation et les modalités de l’échange entre autorités de géodonnées de base relevant du droit fédéral

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510.620.3

Agreement between the Confederation and the cantons on compensation and the arrangements for the exchange between the basic geodata authorities under federal law

Cited on 17 September 2015

Approved by the Federal Council on 6 April 2016

Coming into force on 1 Er October 2016

(State 1 Er October 2016)

The Swiss Federal Council,

See art. 14, para. 3, of the Federal Law of 5 October 2007 on Geoinformation (Law on Geoinformation, LGéo) 1 , given art. 42 of the Ordinance of 21 May 2008 on Geoinformation (OGéo) 2 ,

And the competent bodies of the cantons,

Having regard to the standards of empowerment in cantonal legislation,

Stop:

Section 1 Indemnification of data exchange between authorities

Art. 1 Purpose

(art. 14, para. 3, LGéo)

This Agreement governs the indemnification and the manner in which s. 14 LGéo and Art. 37 et seq. OGéo for the exchange of basic geodata under federal law between the authorities of the Confederation and the cantons.

Art. 2 Authorities benefiting from the right of use

(art. 14, para. 1, LGéo)

1 The right of use shall be granted to the authorities of the Confederation and the cantons.

2 The following are considered to be authorities:

A.
The organs and the administration of the Confederation and the cantons;
B.
The authorities of the municipalities, other local authorities and regional structures to which public tasks of the Confederation or a canton are entrusted by the cantonal law;
C.
Federal and cantonal public law institutes to which public tasks of the Confederation or a canton are entrusted;
D.
Natural and legal persons under private law (actors in the private sector) to whom public tasks of the Confederation or a canton are entrusted.

3 The right to use the data of other authorities shall be granted only to carry out public tasks within the framework of the mandate conferred by the legislation and in accordance with the obligations to inform the law. The right to obtain and use the data is limited to those who have a legal basis for processing such data or who need it in order to carry out their public duties.

Art. 3 Trade Benefits

(art. 41 OGeo)

If an authority carries out public tasks, that it simultaneously proposes commercial benefits and that it is impossible to prove that the two areas are clearly separated at both the level of business management and the maintenance of the Accounts, then it enters fully within the scope of section 8 of the OGéo.

Art. 4 Data Interchange Scope

1 The basic geodata under federal law must be proposed by including the data model, metadata and a representation model if available.

2 Compliance with the minimum geodata model by the base geodata must be controlled.

3 For exchangeable data, only available in printed form, it is a copy or a copy of that impression that must be delivered.

4 There is no obligation beyond the provisions set out in paras. 1 to 3, to offer data for exchange in another form or to exchange them upon request, provided that the federal law does not provide otherwise.

Art. 5 Publication, transmission to third parties

1 The publication of basic geodata under federal law shall be subject to the following rules in the context of their use:

A.
Basic access level A geodata may be published by the user authority in its own consultation service and beyond, if the legislation provides for an additional publication requirement;
B.
Basic level B or C authorization level geodata may not be published by the user authority.

2 The source and the time state must be specified in an appropriate manner.

3 Art. 40 OGeo applies for transmission to third parties.

Art. 6 Fees

(art. 14, para. 3, LGéo)

1 The exchange of data between authorities, as provided for in this Convention, shall be free of charge; it shall include the use and publication of data, the use of geoservices and the efforts made to carry out the exchange.

2 The provision of services between federal and cantonal authorities in excess of the framework laid down in this Convention (such as a specific preparation of data, a specific format, a specific reference system, operations, one Excessive use) are charged to the rates charged by the service provider.

Section 2 Modalities of the Convention

Art. 7 Accession

The accession of a new party shall be effective as soon as the relevant service has ratified the Convention and has informed it of it to the Federal Office of Topography.

Art. 8 Duration of the agreement

1 The Convention enters into force as soon as the Confederation and a minimum of eight cantons have announced their accession. The Federal Office of Topography shall bring the Convention into force within three months, at the beginning of a month.

2 The entry into force of the Convention in the cantons acceding to it after its implementation shall take place on the first day of the third month following the communication of their accession.

3 The Convention remains in force:

A.
It is not abrogated by a unanimous decision of all parties involved;
B.
The condition set out in para. 1 is completed.
Art. Amendment of the Convention

1 Any amendment to the Convention requires the agreement of all the parties involved.

2 Any amendment shall enter into force for all parties to the Convention on a date fixed in the amendment decision.

Art. 10 Termination

1 The Federal Council and each of the cantonal governments may terminate the agreement within a two-year period of termination.

2 Termination shall be addressed to the Federal Office of Topography, which shall communicate the information to all other stakeholders.

3 This Agreement shall cease to apply to the Township having terminated the Agreement from the date of release. The obtaining and use of data will therefore be invoiced in the canton considered at the rates charged by the supplier service.

(The signatures follow)

Membership list of the Cantons (art. 7)

Canton

Probation

Accession

UR

May 10, 2016

May 17, 2016;

SZ

June 7, 2016

June 15, 2016

OW

June 21, 2016

July 4, 2016

GL

April 26, 2016

April 29, 2016

SO

May 24, 2016

June 3, 2016

SG

June 14, 2016

June 22, 2016

GR

May 24, 2016

May 25, 2016

TG

June 14, 2016

June 20, 2016


RO 2016 2719



State 1 Er October 2016