Rs 910.17 Order Of 23 October 2013 On Contributions To Specific Crops In Crop Production (Ordinance On Contributions To Specific Crops, Ccma)

Original Language Title: RS 910.17 Ordonnance du 23 octobre 2013 sur les contributions à des cultures particulières dans la production végétale (Ordonnance sur les contributions à des cultures particulières, OCCP)

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910.17 order on contributions to specific crops in vegetable production (Ordinance on contributions to specific crops, CCMA) October 23, 2013. (Status January 1, 2015)

The Swiss federal Council, view the art. 54, al. 2, 170, al. 3, and 177, al. 1, of the law of 29 April 1998 on agriculture, stop: Section 1 provisions general art. 1 contributions to specific crops contributions to specific crops are paid for surfaces comprising the following crops: a. rapeseed, sunflower, pumpkins for oil, oilseed flax, poppy and safflower of dyers; b. plants of potatoes and maize seeds, grasses and legume forage; c. soy; d. fababeans, pea protein and lupins for feeding; e. sugar beet for the manufacture of sugar.

No contribution is paid for: a. the surfaces outside the agricultural land; b. areas abroad that are not cultivated by tradition; c. the parcels or parts of plots heavily invaded by weeds causing problems, such as the rumex, the thistle, quack grass, wild oats, Riojan groundsel or invasive neophytes; d. areas assigned to the rapeseed crops Sunflower, pumpkins for oil, oilseed flax, poppy, dyers safflower, soy, beans, pea protein and lupins, which are harvested before maturity or not for seeds; e. surfaces affected culture of pumpkins for oil, which are not being beaten on the field.

Art. 2 operators entitled to contributions a farm operators are entitled to contributions: a. when it comes to natural persons who have their civil domicile in Switzerland; b. when they have not yet reached the age of 65 years before January 1 of the year of contributions;

As an exception to the al. 1 legal persons domiciled in Switzerland so that municipalities and cantons have also entitled to contributions, as long as they are considered to be farm operators.
In the case of partnerships, contributions to specific crops of exploitation are reduced proportionately the number of people over the age of 65 years before January 1 of the year of contributions.

Art. 3 General conditions contributions to specific crops are allocated only: a. If the operator provides the ecological services required, in accordance with the art. 11 to 25 of the Ordinance of October 23, 2013, on direct payments (OPD); (b) if exploitation work load is at least 0.25 unit of labor standard within the meaning of art. 3, al. 2, of the Ordinance of 7 December 1998 on the agricultural terminology (OTerm); etc. If 50% at least of the work to be performed in the operation are accomplished by workforce exploitation.

The workload referred to in para. 1, let. c, is based on the 'work of ART 2009 budget' established by Agroscope, in the version of the year 2013.

RS RS 910.91 910.13 Agroscope work budget can be downloaded at www.agroscope.admin.ch/arbeitsvoranschlag art. 4 special conditions the grant of the contribution for the plants of potato, maize, seeds of forage grasses seeds and seeds of forage legumes is linked on the condition that a determined surface is agreed in writing between the operator and the organisation of multiplication of seeds. The surface must meet the requirements referred to in art. 23, al. 1, of the Ordinance of the EAER of 7 December 1998 on seeds and plants.
The grant of the contribution for the mixtures of fababeans and lupins with cereals for feeding pea protein is bound to the condition that the weight of cultures share entitling to contributions represents at least 30% of the product of the harvest.
The grant of the contribution for the beet is linked to provided a determined to deliver quantity is agreed in writing in a contract between the operator and sweets. In traditional culture, the regular contribution is paid when the delivered quantity to produce at least 8 tons of sugar per hectare and in biological culture, at least 6 tons of sugar per hectare (minimum return). If the agreed quantity does not reach the minimum return, the regular contribution is reduced. In this case, the contribution is calculated by dividing the amount agreed by the minimum return and multiplying the result by the regular contribution.

RS 916.151.1 Section 2 Contributions art. 5Contributions contribution to specific crops, per hectare and per year, amounts to: Francs a. for rapeseed, sunflower, pumpkins for oil, oilseed flax, poppy, and safflower of dyers: 700 (b) potato plants and seeds of maize: 700 c for seeds of forage grasses and forage legumes. : 1000 d. for soy: 1000 e. for protein crops peas, beans and lupins for feeding (and mixtures referred to in art. 4, para. 2): 1000 f. for the sugar beet for the manufacture of sugar: 1600 new content according to chapter I of O of 20 may 2015, in force since Jan. 1. 2015 (2015 1745 RO).

Art. 6 surfaces used by tradition the contributions applicable to surfaces used by tradition in the boundary area foreign rates identical to those applied in Switzerland.
Direct payments from the European Union (EU) granted under Regulation (EC) n 73/2009 for surfaces used by tradition in the boundary area foreign are deducted from contributions to specific crops, insofar as they are not deducted payments in accordance with art. 54, al. 2, OPD.
Of the EU direct payments for the previous year are decisive for the calculation of deductions.

R (EC) n 73/2009 Council of Jan. 19. 2009 establishing common rules for direct support under the common agricultural policy schemes and establishing certain support for farmers, and amending the R (EC) No. 1290/2005, (EC) 247/2006, (EC) n n 378/2007 and repealing the R (EC) n. 1782/2003, OJ L 30 of the 19.1.2009, p. 16; amended lastly by Regulation (EU) n 517/2013, OJ L 158 of the 10.6.2013, p. 1.
RS 910.13 Section 3 Procedure art. 7 requests contributions to specific crops are granted only upon request.
The application must be submitted to the authority designated by the canton of domicile or in the case of legal persons, to the authority designated by the canton of the school by the operator of an operation within the meaning of art. 6 OTerm or a community of operation within the meaning of art. 10 OTerm, who operates the company on 31 January.
The request must include the following information: a. the crops referred to in art. 1; b. data on exploitation and the operating structures planned for May 1, according to the order of 23 October 2013 on information systems in the field of agriculture c. changes in surfaces and the address of the farms concerned with indication of the name of the old and the new operator; d. direct payments from the EU affected the previous year for areas operated by tradition in the foreign boundary area.

At the request of the Township, agricultural operators having exploited by tradition in the boundary area foreign surfaces must produce a certificate of the foreign official service responsible for the payment, which is the amount of direct payments granted by the EU.
The operator confirms, in the application and forms respite, the accuracy of the data reported. Confirmation can be done by manual signature or electronic signature, as instructed by the canton.
The canton decides: a. If the application must be filed in paper format or electronically; (b) if the applications which are filed electronically can be fitted with an electronic signature qualified within the meaning of art. 2, let. c, of the law of 19 December 2003 on the electronic signature.

RS 910.91 RS 919.117.71 RS 943.03 art. 8 filing applications and deadlines the request for contributions to specific crops should be addressed to the authority designated by the competent canton between January 15 and February 28.
The cantons may fix a period of application within the period provided for in para. 1 art. 9 obligation to announce if it turns out that the information given in the application must be changed after the filing of the application, the operator must announce it in writing to the authority designated by the competent canton. The announcement must occur before the changes in operating.
If the operator is not able to fulfill the requirements for contributions to specific crops he has requested, he must report it immediately to the competent cantonal service.
Changes of surfaces and main crops after the fact must be announced no later than May 1.

Introduced by section I of O of 29 October. in force since Jan. 1, 2014. 2015 (2014 3963 RO).

Art. 10 assessment of contributions the canton checks the right to contributions and fixed contributions on the basis of data.

Canton captures data on the operations, the operator, the surfaces and crops between January 15 and February 28. The cantons capture changes before May 1.

Art. 11 payment of contributions to the operators the canton pays the contributions no later than November 10 of the year of contributions.
The contributions that were not to be paid are prescribed after five years. The Township must repay them at the federal Office for agriculture (FOAG).

Art. 12 transfer of contributions to the cantons the canton calculates contributions no later than October 10. It requires the total amount to the FOAG to no later than October 15 indicating the details of the contributions. Further processing of the request is possible until 20 November.
The canton calculates the contributions as a result of the further processing by November 20. It requires the total amount corresponding to the FOAG no later than 25 November indicating the details of the contributions.
The canton provides electronic data relating to payment for contributions to specific to the FOAG crops no later than December 31. The data must match the payments according to the al. 1 and 2.
The FOAG control lists of payment established by the canton and pays the total amount.

Art. 13 notification of the decisions of the cantons shall notify the FOAG decisions relating to the granting of contributions on request only.
The cantons shall notify the FOAG their decisions on appeal.

Section 4 controls art. 14 principle the canton checks the data provided by the operator, controls the operating mode and appreciate the State of crops before harvest.
The frequency and coordination of controls are governed by the Ordinance of October 23, 2013, on the coordination of controls on farms.
Controls are partly carried out without notice.

RS 910.15 art. 15 use of third parties the canton may associate organizations with all guarantees of competence and independence at the controls.
He oversees survey control of associated bodies.

Art. 16 procedure where irregularities are identified if the control service finds that the surface details are inaccurate, that the condition of crops is not satisfactory or that the mode of operation or use indicated is not respected, or if the buyers shall report such facts, it shall immediately inform the operator.
If the operator contests the results of the check, he may, within three working days following that canton is a new control of exploitation or fields within 48 hours.
The harvest can take place in the field concerned that after this second control.

Art. 17 registration of control data and report the competent cantonal authorities ensure that monitoring data be entered or transferred to the centralized information system referred to in art. 165d of the law of 29 April 1998 on agriculture.
According to the instructions of the FOAG, canton establishes an annual report on the checks carried out on its territory and its monitoring activity.

Section 5 penalties administrative art. 18reduction and refusal of cantonal contributions reduce or refuse the contributions in accordance with the annex.
They establish an annual report on decisions of reduction or refusal of contributions they have made. The complete record in the information system for the data of controls referred to in art. 165d LAgr takes the place of report.

New content according to chapter I of O of 29 October. in force since Jan. 1, 2014. 2015 (2014 3963 RO).

Art. Major 19Force if, for cause of force majeure, the required environmental benefits requirements can not be met or demand is filed late, the canton may waive the reduction or refusal of contributions to specific crops.
Are particularly considered as force majeure: a death of the farmer; (b) expropriation of a large part of the surface of exploitation if the expropriation was not foreseeable on the day of the filing of the application; c. a major natural disaster or an event serious whose cause is not attributable to the operator and which causes significant damage on the surface of exploitation.

Cases of force majeure and related evidence should be communicated, in writing, to the competent cantonal authority within a period of ten days from the moment they were found.
The cantons regulate the procedure.

New content according to chapter I of O of 29 October. in force since Jan. 1, 2014. 2015 (2014 3963 RO).

Art. 20 to 24 repealed by section I of O of 29 October. with effect from Jan. 1, 2014. 2015 (2014 3963 RO).

Section 6 provisions final art. 25 execution the FOAG executes this order insofar as this is a task not for the cantons.
It monitors the execution in the townships.

Art. 26 repeal of any other Act, the Ordinance of 7 December 1998 on contributions to the culture of the fields is repealed.

[RO 1999 393 1698, 2001 250 2507, 2003 5345, 2006-885-4829, 2007 6175, 2008 3809 5821, 2009 2575 ch. II 2, 2010 5855 ch. II 2, 2011 5297 Appendix 2 c. 5]

Art. 27 transitional provisions the provisions of the Ordinance of 7 December 1998 on contributions to the culture of the fields apply for delays in data statements and the days of reference in 2014.
Regarding companies of people who received contributions under the Ordinance of 7 December 1998 on contributions to the culture of the fields in 2013, the age of the youngest operator is crucial until late 2015.

[RO 1999 393 1698, 2001 250 2507, 2003 5345, 2006-885-4829, 2007 6175, 2008 3809 5821, 2009 2575 ch. II 2, 2010 5855 ch. II 2, 2011 5297 Appendix 2 c. 5]

Art. 28 entry into force this order comes into force on January 1, 2014.

Annex (art. 18, para. 1) Reduction of contributions to specific crops 1 General 1.1 if deficiencies are found, the contributions for a given year are reduced through deductions of standard amounts, per unit amounts, a percentage of the concerned contribution or a percentage of the total of contributions to specific crops. The reduction of contributions may be higher than the right to contributions; in this case, the amount is deducted from other contributions. Reductions may however not exceed the total of contributions to specific for an annee.1.2 crops there again when the same breach or a similar failure on the same control point has already been noted during a check carried out with the same operator for the same year of contributions or the three years of contributions precedentes.1.3 in the case of incomplete documents missing, unusable, or invalid, the cantons and the supervisory bodies may set deadlines for providing these documents. This does not apply: a. Meadows books / calendars of the prairies; b. fields books / sheets of cultures.

1.4 if it is impossible to control because of incomplete, missing, unusable or disabled on a control point documents, should be applied, in addition to discounts for the documents concerned, reductions for the control points which could not be assessed due to the lack of informations.1.5 the canton or the control body may charge to the operator additional costs caused by the late submission of the documents.1.6 in justified special situations , and if the sum of all the cuts is more than 20% of all contributions to specific crops of the year concerned, the canton may increase or decrease 25% reductions up. It notifies these decisions to the OFAG.1.7 if violations occur intentionally or repeatedly, the cantons may refuse the payment of contributions for up to five years.

2 reduction of contributions 2.1 the provisions according to annex 8, point 2.2.1 to 2.2.6 of the order of 23 October 2013 on direct payments (OPD) for as much as reductions are not or not completely direct payments. If the number of points according to annex 8, ch. 2.2 or 2.3, OPD is 110 or more, no contributions to specific cultures are versee.2.2 according to annex 8, ch. 2.11.2 and OPD 2.11.4, 2.11.1, provisions. The reduction amounts to CHF 500 for the first offence. In case of recidivism, it corresponds to 25% of the total of contributions to specific crops, but to a maximum of 3000 francs.2.3 reductions according to the 2.4 to 2.8 c. match a lump sum, an amount per unit, a percentage of the contribution to specific cultures concerned or a percentage of the total contributions to specific cultures. If indications according to points 2.5, 2.6 and 2.8 are corrected, the payment of contributions is performed according to correctes.2.4 relative to point Reduction control or measure a. late filing default filing of demand, control can be done regularly first finding first and second case of recidivism from the third case of recidivism 100 FR 200 fr. 100% of the contribution to the specific cultures concerned


(b) late filing of the application, control may not be made on a regular basis 100% of the contribution to specific cultures concerned c. incomplete application or imperfect time to complete or rectify 2.5 specific Indications, crops, harvesting and use breach relative Reduction a. Cultures giving right to contributions to specific crop varieties checkpoint and cultures do not correspond with the statement culture has not been harvested or has not been harvested at maturity) at the right time) and has not been transformed on a regular basis (plans use agricultural, technical, or industrial) Correction taking into account of the correct indication and, in addition, 500 fr. 120% of the contribution to concerned specific cultures (b) contract for the delivery of sugar the contract for delivery of sugar made default deviating contractual quantity 100% of the contribution to specific for Correction sugar beet crops taking account of the indication correct c. contract seed production Surface

Indication too low too high Correction taking into account of the indication correct Correction taking into account the correct indication and, besides, reduction corresponding to the difference (less declared correct indication indication) 2.6 Indications concerning the dimensions of the surfaces giving right to contributions to specific crops relative failure at the checkpoint Reduction an indication of the size of the surface is not correct Indication too low too high Indication Correction taking into account the correct indication Correction taking into account the correct indication and, increasingly, reduction corresponding to the difference (less declared correct indication indication) 2.7 controls in relative failure Reduction a. controls checkpoint operations are prevented; lack of cooperation or the threats that were made result extra work lack of cooperation or threats made in the field of PEOPLE or the protection of animals other areas in relation to contributions to special crops 10% of the total contributions to specific cultures, at least 500 francs, a maximum of 10 000 Br 10% of contributions to the special crops , at least 200 francs, Max 2000 fr.

b. obstructing obstruction controls in the field of PEOPLE or the protection of animals other areas in relation to contributions to special crops 100% of all contributions to specific cultures 120% of the contribution to concerned specific cultures 2.8 operation within the agricultural company relative failure at the checkpoint Reduction has. The surface is not operated by the farm business. Peril on the surface are not borne by the farm (art. 16 OTerm [RS 910.91]) farming has made the surface available another operator (for free or for a fee) in line with the correct indication Correction and, increasingly, fr. 500/ha of the concerned surface b. The surfaces are not used for agricultural purposes (art. 16 OTerm) surface is not operated, is heavily invaded by weeds or left fallow Exclusion of the surface of the SAU, no contributions to this surface introduced by section II of the O of 29 October. 2014 (2014 3963 RO). Updated by clause II of the O of 20 may 2015, in force since Jan. 1. 2015 (2015 1745 RO).
RS 910.13 State on January 1, 2015