Advanced Search

RS 442.121.1 DFI order of 29 November 2016 establishing a scheme to encourage museums, collections and third-party networks for the preservation of cultural heritage

Original Language Title: RS 442.121.1 Ordonnance du DFI du 29 novembre 2016 instituant un régime d’encouragement des musées, des collections et des réseaux de tiers en vue de la sauvegarde du patrimoine culturel

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

442.121.1

DFI Ordinance establishing a scheme to encourage museums, collections and third-party networks for the preservation of cultural heritage

November 29, 2016 (State 1 Er January 2017)

The Federal Department of the Interior (DFI),

See art. 28, para. 1, of the Act of 11 December 2009 on the encouragement of culture (LEC 1 ,

Stops:

Section 1 Definitions and Goals

Art. 1 Definitions

For the purposes of this order:

A .
Museum: a permanent non-profit institution in the service of society and its development, open to the public, which acquires, preserves, studies, exposs and transmits the material and immaterial heritage of humanity and its environment to Study, education and enjoyment;
B.
Collection:
1.
A synonym for a museum when it designates an institution,
2.
A fonds of objects of which a museum or collection is the owner or that he or she has the guarantee of holding in his or her possession at least 50 years and that he or she develops systematically in the context of representative exhibitions of a Given theme, the objects presented are in principle original pieces if the theme of the collection is suitable;
C.
Network: an institution according to art. 3, para. 1, of the order of 23 November 2011 on the encouragement of culture 1 .

Art. 2 Goals

The support of museums, collections and networks of third parties (institutions) aims to:

A.
To contribute to the preservation and enhancement of the cultural heritage;
B.
Strengthening institutions;
C.
To facilitate access by the general public to the institutions and the cultural heritage.

Section 2 Sustained areas

Art. 3

1 Financial assistance to institutions may take the following forms:

A.
Operating grants (operating contributions);
B.
Financial aid for projects for the preservation of cultural heritage, in particular the identification and digitisation of works of art in the framework of the work undertaken to clarify and publish indications of source (contributions to Projects);
C.
Financial aid for insurance premiums covering the loan of objects to temporary exhibitions in Switzerland (contributions to insurance premiums).

2 There is no right to support.

Section 3 Conditions of support

Art. 4 Operating contributions for museums and collections

Museums and collections must:

A.
Have a collection composed mainly of Helvetica;
B.
Present a collection concept and operating strategy;
C.
Carry out all of the activities referred to in s. 1, let. A;
D.
Have a firm commitment of public funding at cantonal or communal levels; this financial commitment must be at least equivalent to the contribution of the operation of the Confederation, since benefits in goods and services are not taken Account;
E.
Recognize and implement the Code of Ethics of the International Council of Museums (ICOM) of 4 November 1986 1 And the Principles of the Washington Conference of 3 December 1998 applicable to works of art confiscated by the Nazis. 2

2 Helvetica refers to cultural objects that are closely linked to Switzerland.


1 Code of Ethics of ICOM for the Museums of 4 Nov 1986, revised on 6 July. 2001 and 8 Oct. 2004. The Code can be accessed at the following address: HYPERLINK "http://www.bak.admin.ch" > Cultural Heritage > Spoliated Art > Museum Ethics.
2 The principles can be found at HYPERLINK "http://www.bak.admin.ch" > Cultural Heritage > Spoliated Art > International Basics.

Art. 5 Operating contributions to third-party networks

1 The operating contribution shall be paid only to the following institutions at the same height as to date:

A.
The Swiss Foundation for Photography;
B.
The Association for the Protection of the Swiss Audiovisual Memory-Memoriav;
C.
The Fondation suisse de la danse;
D.
Association of Swiss Museums;
E.
The Swiss Museum Passport Foundation.

2 From 2017 to 2019, the Swiss Institute of Rome Foundation also receives an operating contribution, equivalent to that attributed to date.

Art. 6 Contributions to projects

Projects must be scientifically sound and based on an appropriate organizational structure.

Art. 7 Exclusion of multiple contributions

Institutions that receive an operating contribution cannot in addition benefit from contributions to projects or contributions to insurance premiums.

Section 4 Support Criteria

Art. 8 Operating contributions to museums and collections

Collections and museums are supported on the basis of the following criteria:

A.
The influence and quality of the institution, including the number of visitors, the number of users of the online offer, scientific publications, cooperation at national and international levels and the interest of the media;
B.
The importance of the collection, in particular the originality of the collection, its volume and its cultural value to Switzerland;
C.
The importance of mediation work, which is measured in terms of the scope, quality, diversity and innovativeness of the mediation offer.
Art. Contributions to projects

Contributions to projects are allocated on the basis of the following criteria:

A.
Prestige and importance of the institution;
B.
Cultural and historical significance of cultural property;
C.
Emergency measures;
D.
Cost-effectiveness of the measures;
E.
Level of self-financing and third-party contributions.
Art. 10 Contributions to insurance premiums

Contributions to insurance premiums are allocated on the basis of the following criteria:

A.
Prestige and importance of the institution;
B.
Cultural and artistic significance of the exhibition;
C.
Cultural and artistic significance of works on loan;
D.
Potential for visitors;
E.
Level of self-financing and third-party contributions.

Section 5 Calculation of contributions and maximum number of exhibitions and projects supported

Art. 11 Limit and floor rates of contributions

The financial aid amounts to:

A.
For operating contributions to museums and collections: up to 30 % of the overall budget of the institution and at least 250 000 francs;
B.
For contributions to projects: up to 50 % of the total cost of the project but not more than 100 000 francs and not less than 20 000 francs per project;
C.
For contributions to insurance premiums: up to a maximum of 50 % of all insurance premiums for an exposure, but not more than 150 000 francs and at least 20 000 francs per exhibition.
Art. 12 Maximum number of exhibitions and projects supported

1 A maximum of twenty-five institutions can benefit from contributions to projects.

2 Up to six exhibitions per year can benefit from contributions to insurance premiums.

Section 6 Procedure and other provisions

Art. 13 Operating contributions to museums and collections

1 The Federal Office of Culture (OFC) decides on the allocation of operating contributions.

2 Applications for the allocation of operating contributions to museums and collections are to be sent to the OFC at least two years before the start of the period of support. For the period 2018 to 2022, they must be filed by March 31, 2017.

3 Applications must provide proof that the conditions of support are met and contain all the necessary information in relation to the support criteria.

4 The OFC may use experts to assess applications.

5 It enters into benefit contracts with the operating contribution recipients. In particular, it sets out the amount of financial assistance and benefits to be provided by the beneficiaries.

Art. 14 Contributions to projects

1 The OFC generally decides every two years, on the basis of a competitive process, for the award of contributions to projects.

2 The time limit for filing applications is indicated in the competition. Requests for contributions to projects for 2018 to 2020 must be received by the OFC by 31 October 2017 at the latest.

3 Applications must provide proof that the conditions of support are met and contain all the necessary information in relation to the support criteria. They should include a description of the project and its objectives, a plan of measures and a timetable, and a budget and a financing plan.

Art. 15 Contributions to insurance premiums

1 The OFC decides annually on the basis of a competitive process for the allocation of contributions to insurance premiums.

2 Claims for contributions to insurance premiums must be received by the OFC by October 31 of each year.

3 Applications must contain all the necessary information in relation to the support criteria.

4 Institutions that have received contributions to insurance premiums one year cannot receive support the following year.

Art. 16 Preference Rule

Before making its decisions on contributions, the CFO will lay down the various support criteria. Preference will be given to applications that best meet the support criteria as a whole.

Art. 17 Expenses

1 Tenants are required to:

A.
Raise awareness of the support provided by the OFC;
B.
Provide the FCO with all necessary financial assistance information;
C.
Communicate any significant changes in relation to the financial assistance to the FCO without delay.

2 Institutions that receive operating contributions must submit their basic information to the public in at least two national languages.

3 Alters of contributions to projects and contributions to insurance premiums are also required to provide the OFC with a final report and a final statement within three months of the end of the project.

Section 7 Final provisions

Art. 18 Transitional provisions

1 The DFI order of 25 November 2015 establishing a scheme to encourage museums, collections and third-party networks for the preservation of the cultural heritage for the years 2016 and 2017 1 Is applicable to proceedings that are not completed at the time of the coming into force of this order.

2 Museums and collections that have received an operating contribution for the years 2016 and 2017 and which, starting in 2018, will no longer be supported or will see their support fall by at least 30 % compared to 2017 can obtain a Unique transitional contribution for the year 2018. The OFC decides on the allocation of this contribution on request, taking into account in particular:

A.
The amount of the former financial assistance;
B.
The financial position of the institution;
C.
The support criteria referred to in s. 8;
D.
The impact of a reduced contribution on the institution's activities in 2018.

3 Applications for transitional contributions must be filed by March 31, 2017. They must contain all the data required by s. 18, para. 2.


Art. 19 Entry into force

This order shall enter into force on 1 Er January 2017.



RO 2016 4859



State 1 Er January 2017