Rs 914.11 Order Of 26 November 2003 On Measures Of Social Support In Agriculture (Omas)

Original Language Title: RS 914.11 Ordonnance du 26 novembre 2003 sur les mesures d’accompagnement social dans l’agriculture (OMAS)

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914.11 order on measures of social support in agriculture (OMAS) of November 26, 2003 (Status January 1, 2016) the federal Council Swiss, view the art. 79, al. 2, 80, al. 2 and 3, 81, al. 1, 86A, al. 2, and 177, al. 1, of the law of 29 April 1998 on agriculture (LAgr), stop: Section 1 helps farms art. 1 loans without interest the cantons may grant to business operators a peasant of interest-free loans in respect of aid to farms, so: a. to remedy financial problems which they are not responsible; b. to replace loans costing interest (conversion of debts), VHF. to facilitate abandonment.

An applicant is considered as having financial difficulties when temporarily, it is unable to fulfil its financial obligations even by exploiting the possibilities of credit to a reasonable extent.


New content according to section I of the O from 14 nov. 2007, in force since Jan. 1. 2008 (2007 6211 RO).
Repealed by no I of O nov 14. 2007, with effect from Jan 1. 2008 (2007 6211 RO).

Art. 2 need for work required loans in respect of aid for farmers are paid only if the operation requires the work of at least 1,0 unit of standard labour (UMOS).
In addition to art. 3 of the order of 7 December 1998 on agricultural terminology, the federal Office for agriculture (FOAG) may set additional factors for the calculation of standard labour units in special industries.


New content according to section I of the October 28 O. 2015, in force since Jan. 1. 2016 (2015 4537 RO).
RS 910.91 new content according to section I of the October 23 O. in force since Jan. 1, 2013. 2014 (2013 3927 RO).
Repealed by no I of O from 28 oct. 2015, with effect from Jan 1. 2016 (2015 4537 RO).

Art. 3 need for work required in areas threatened in parts of the region of mountain and hills where agricultural exploitation of the soil or the sufficient occupation of the territory are threatened, the need for minimum work is set at 0.60 UMOS.
The FOAG sets out the criteria for deciding if a farm is located in a threatened area.

New content according to section I of the October 23 O. in force since Jan. 1, 2013. 2014 (2013 3927 RO).
New expression according to section I of the October 23 O. in force since Jan. 1, 2013. 2014 (2013 3927 RO). This mod has been taken throughout the text.

Art. 4 conditions for the person of loans in respect of aid to farms are only granted if the operator meets the provisions referred to in art. 3, 4, and 12 to 34 of the Ordinance of October 23, 2013, on direct payments in agriculture.
The granting of a loan in respect of aid to farmers in accordance with art. 1, al. 1, let. In addition, b presupposes that the applicant has one of the following qualifications: a. initial vocational training of farmer sanctioned by a federal certificate of capacity within the meaning of art. 38 of the Act of December 13, 2002 on vocational training (LFPr); b. training of peasant sanctioned by a patent within the meaning of art. 42 States; OUC. equivalent training in a farming profession specialized.

For applicants married, just that one spouse meets the conditions referred to in para. 2. the management of an operation successfully for at least three years, supporting evidence, is considered to be the qualifications referred to in para. 2. with regard to operators of a farm located in a region referred to in art. 3, al. 1, initial vocational training in another profession sanctioned by a federal certificate of vocational training according to art. 37 States or by a federal certificate of capacity according to art. 38 LFPr is similar to the training referred to in para. 2, let. a. RS 910.13 new content according to section I of the October 23 O. in force since Jan. 1, 2013. 2014 (2013 3927 RO).
RS 412.10 new content according to chapter I of the O on March 1, 2006, in force since April 1, 2006 (RO 2006 887).
New content according to chapter I of the O on March 1, 2006, in force since April 1, 2006 (RO 2006 887).
New content according to chapter I of the O on March 1, 2006, in force since April 1, 2006 (RO 2006 887).

Art. 5 income and fortune if income determining applicant exceeds 120 000 francs, it is not granted loan in respect of aid to farmers.
If the decisive income is higher than 80 000 francs, the loan granted in respect of aid for farmers under art. 1, al. 1, let. b, is reduced by 10% for each additional 5000 francs. When the amount resulting from this reduction is less than 20% of the loan before the deduction, it is not paid.
Is considered as income in determining the taxable income calculated under the Federal law of 14 December 1990 on the direct federal tax, net of 40 000 married francs for applicants.
If purified fortune of the applicant exceeds 600 000 francs before the granting of the loan, it is not granted loan in respect of aid to farmers.
Purified fortune includes the total items of fortune, net property used for exploitation, excluded financial wealth, perennial crops and borrowed capital.
Building land should be taken into account at the usual market value in the locality, with the exception of release plots allocated to the farm.

RS 642.11 new content according to section I of the O from 14 nov. 2007, in force since Jan. 1. 2008 (2007 6211 RO).

Art. 6Conditions related to the conversion of debt after making a significant investment, a loan according to art. 1, al. 1, let. b, may be granted at the end of a waiting period of three years.

Debt cost interest may not exceed double and a half the value before the conversion of debts.
The last conversion of debts must be at least ten years.

New content according to chapter I of O from 18 nov. 2009, in force since Jan. 1. 2010 (2009 6353 RO).
Repealed by no I of O from 23 oct. with effect from Jan. 1, 2013. 2014 (2013 3927 RO).

Art. 6aConditions governing the loan in the event of discontinuance the granting of a loan according to art. 1, al. 1, let. c, is linked to the condition that released land to be sold or transferred rental, 12 years at least, to one or several companies within the meaning of the art. 5 and 7 of the Federal Act of 4 October 1991 on rural land law, located at a maximum distance of 15 km by road.
The applicant can keep buildings and a useful agricultural surface of 100 acres at most, including a maximum of 30 ares of surface wine or fruit crops.

Introduced by section I of O nov 14. 2007, in force since Jan. 1. 2008 (2007 6211 RO).
RS 211.412.11 new content according to section I of the October 23 O. in force since Jan. 1, 2013. 2014 (2013 3927 RO).

Art. 7 endurable charge the amount of the loan and the slices of refund must be fixed so that the burden is bearable.
The load is considered as bearable if the applicant is to even: a. to cover current expenditures of the operation and his family; (b) to service of interest; c. to respect its commitments on refunds; d. to realize future investment required, summer. to stay solvent.

The sum of loans and credits, added to the credit balance of investments and loans in respect of farm aid granted previously, may not exceed, per farm, the following amounts: Francs. in the area of plain 800 000 (b) in the area of the hills and in the 700 000 mountain region.

New content according to section I of the O from 14 nov. 2007, in force since Jan. 1. 2008 (2007 6211 RO).

Art. 8Montant loans for the conversion of debt loans granted under art. 1, al. 1, let. b, can be used to convert debts cost interest up to a maximum of 50% of the value of performance.

New content according to chapter I of O from 18 nov. 2009, in force since Jan. 1. 2010 (2009 6353 RO).

Art. 9 applications, review of applications and decision applications for loans should be directed to the canton.
The canton reviews the request, evaluates whether the planned measure is necessary, decides to grant aid and sets the conditions and charges on a case-by-case. He may waive the grant of loans of less than 20 000 francs.
When the request is for an amount not exceeding the amount referred to in art. 10, al. 2, the canton transmits to the FOAG information sheet, at the time to notify his decision to the applicant. It shall notify its decision to the FOAG on request.
When the request is for a sum greater than the limit amount, the canton transmits its decision to the FOAG, with useful parts. It shall notify its decision to the applicant once it has been approved by the FOAG.

New content according to section I of the O from 14 nov. 2007, in force since Jan. 1. 2008 (2007 6211 RO).

Art. 10 approval process the approval of 30 days time runs from the date of receipt of the complete application by the FOAG.
The limit is set to 350 000 francs, including the balance of investment and credit of the previously allocated loans of farm aid.
If the FOAG itself decides the case, set the conditions and charges on a case by case basis.


New content according to section I of the O from 14 nov. 2007, in force since Jan. 1. 2008 (2007 6211 RO).

Art. 11 obligation to keep accounts for the duration of the loan, the accounting must be submitted to the Township at his request.
Exceptionally, for less than the amount limit loans mentioned in art. 10, al. 2, specific operating notes may be delivered.

Art. 12 guarantees the loans are preferably made against security rights.
If the borrower is not able to transfer a mortgage lien to the canton, is the power to order the establishment of a mortgage when the decision on a loan. The cantonal decision serves for a certificate for registration of the mortgage in the land register.
The canton may offset the annual repayments with Confederation benefits paid to the borrower.

Introduced by the I of O ch. 18 nov. 2009, in force since Jan. 1. 2010 (2009 6353 RO).

Art. 13 revocation of loans are regarded as important reasons for the revocation of a loan including: a. disposal of operations; (b) the construction of buildings or the use of land for non-agricultural purposes; c. the discontinuance in a personal capacity according to art. 9 of the Federal Act of 4 October 1991 on the land law, unless it is leasing to a descendant; d. the permanent use of essential parts of the operation for non-agricultural purposes; e. failure to comply with the conditions and the charges stipulated in the decision (f) the borrowing of foreign capital without prior consultation with the canton; g. refusal to remedy the consequences of the breach found by the canton to the obligation of maintenance and operating within the time fixed to This effect; h. the refusal of the borrower to pay, despite the warning, a slice of depreciation within a period of six months from the deadline; i. the granting of a loan on the basis of false or misleading.

Once the loan has been granted in respect of the cessation of operations, only apply the important grounds set out in para. 1, let. e, h, and i.
Instead of a revocation referred to in para. 1, let. a or c, in case of lease outside the family or sale of exploitation, the canton may postpone the loan to aid to farms under the same conditions on the successor for as long as it meets the criteria of entry into matter referred to the art. 2 to 7 and it to guarantee the required security. Art. 15 is reserved.

RS 211.412.11 introduced by section I of O nov 14. 2007, in force since Jan. 1. 2008 (2007 6211 RO).
Introduced by section I of O from 23 oct. in force since Jan. 1, 2013. 2014 (2013 3927 RO).

Art. 14 refund the authority which makes the decision fixed the deadline for the repayment of the loan. This period shall not exceed 20 years; applicable to loans granted for discontinuance, takes more than 10 years.
The repayment period of loans must be set according to the borrower's economic opportunities.
Within the period fixed under para. 1, the canton may differ from more than three years the repayment of the loans referred to in art. 1, al. 1, let. He may grant a stay of a year within the period established in the al. 1 if the borrower's economic conditions deteriorate for reasons that are not attributable to him.
If the borrower's financial situation improves significantly, the canton may increase appropriately the slices of depreciation during the term of the contract or demand early repayment of the loan balance.

New content according to section I of the O from 14 nov. 2007, in force since Jan. 1. 2008 (2007 6211 RO).

Art. 15 alienation with profit alienation with profit before the expiry of the agreed repayment period entails the obligation to return the loans in respect of aid to farms.
The benefit is calculated according to the art. 31, al. 1, 32 and 33 of the Federal Act of 4 October 1991 on rural land law. The FOAG fixed values of imputation.


New content according to section I of the O from 14 nov. 2007, in force since Jan. 1. 2008 (2007 6211 RO).
RS 211.412.11 repealed by no I of O nov 14. 2007, with effect from Jan 1. 2008 (2007 6211 RO).

Art. 16 funding the provision of the canton is 100% of the amount granted by the Confederation.
The canton asked the FOAG federal funds according to its needs.
The FOAG is considering the proposal of the canton and transfers financial resources within the approved appropriations. Funds are paid when the cantonal provision was allowed.

New content according to section I of the O from 14 nov. 2007, in force since Jan. 1. 2008 (2007 6211 RO).

Art. 17 federal funds the canton management manages funds provided by the Federal Government into a separate account and presents to the FOAG annual accounts at the latest at the end of April.
He announces to the FOAG until January 10 State at 31 December of the previous year of the following accounts: a. the total State of federal funds; (b) the total State of the cantonal funds; c. the interest due on federal funds and cantonal funds; d. the use of the interest, according to art. 85, al. 2, LAgr e. liquidity; f. the sum of loans allocated in aid to farms, but not yet paid.

He announces to the FOAG until July 15 the State on June 30 of the following accounts: a. cash; (b) the sum of the loans allocated in aid to farms, but not yet paid.

Introduced by section I of O nov 14. 2007 (2007 6211 RO). New content according to section I of the October 23 O. in force since Jan. 1, 2013. 2014 (2013 3927 RO).
Introduced by section I of O from 23 oct. in force since Jan. 1, 2013. 2014 (2013 3927 RO).

Art. 18delai of termination for the request for the return of federal funds, the period of notice for federal funds to return is set at three months.

New content according to section I of the October 23 O. in force since Jan. 1, 2013. 2014 (2013 3927 RO).

Section 2 aid for retraining for the years 2004 to 2019 art. 19 aid for retraining retraining aid include: a. the contributions at the expense of retraining; b. contributions to the cost of living.

By operation, one person can apply for assistance to retraining.

Art. 20Conditions in addition to the conditions referred to in art. 86A LAgr, the granting of contributions to retraining is subject to the following conditions: a. the operation has been managed for at least five years at the peril and to the account of the applicant; b. on average of the past three years, its management has required at least 0.75 UMOS; c. released land are sold or transferred rental, 12 years at least to one or more farms located in the common radius of operation, according to the art. 5 and 7 of the Federal Act of 4 October 1991 on rural land law; (d) the applicant has not even 52 years of age prior to retraining.

The applicant can keep buildings and a useful agricultural surface of 100 acres at most, including a maximum of 30 ares of surface wine or fruit crops.

New content according to section I of the O from 14 nov. 2007, in force since Jan. 1. 2008 (2007 6211 RO).
SR 211.412.11 art. 21 professional retraining giving right to support the conversion to a non-farm occupation must last at least six months.
It must meet the criteria of the qualification procedure provided for by an order on the training referred to in art. 19 LFPr or understand equivalent training.

RS 412.10 new content according to section I of the O from 14 nov. 2007, in force since Jan. 1. 2008 (2007 6211 RO).

Art. 22 contributions contributions are set at 50% of the costs of retraining, but to a maximum of 6000 francs per year.
Contributions to the costs of life amounts to 4000 francs a month maximum.
The professional retraining are supported for three years at the most.

Art. 23 retraining costs due are charged to costs of retraining tuition or courses, as well as the travel allowance, calculated according to the Federal law of 14 December 1990 on the direct federal tax.

SR 642.11 art. 24 timing of contributions to the costs of life the FOAG fixed packages for contributions to the cost of living. In doing so, it includes account: a. the time of discontinuance; b. family structure; c. the available financial means.

If it is anticipated that the business ceases at the beginning of retraining or at the latest six months after, contributions to the costs of living are paid in full.
If it is anticipated that the operation of the business ceases at the latest two years after the completion of retraining, the contributions to the cost of living are paid at the rate of 15% maximum.
Contributions not reduced to the cost of living every month are fixed as follows: CHF a. applicants singles 2000 b. applicants married 3000 c. per child which the applicant maintains 250 art. 25 reduction of aid for retraining


If the income decisive of the applicant or of the couple, referred to in art. 5, al. 3, more than 80 000 francs, retraining assistance is reduced by 20% for each additional 5000 francs. When the amount resulting from this reduction is less than 20% of the aid before the deduction, it is not paid.
If fortune purified of the applicant or the couple, referred to in art. 5, al. 5, more than 600 000 francs at the time of the filing of the application, retraining assistance is reduced by 10,000 francs for each additional CHF 20,000.

Art. 26 applications, review of applications and decision aid applications should be directed to the canton before the cessation of operating-tation.
The application package must include the following parts: a. the training data; b. skills profile; c. concept and retraining costs; d. data on exploitation managed until the filing of the application; e. probable date of discontinuance; (f) name and address of the person who takes over the land; g. situation in terms of income and wealth.

If the information required in the al. 2, let. a to c, do not clearly indicate the usefulness of the training, it may be required of the applicant that it presents the result of a career.
The canton examines the request and forward it to the FOAG for decision, with its proposal.

New content according to chapter I of the O on March 1, 2006, in force since April 1, 2006 (RO 2006 887).

Art. 27 payment the aid shall be paid by the Township. The payment is made every six months, the first time six months after the beginning of retraining.
The Township refuses payment, reduced the amount of the aid or in demand repayment if the conditions attached to the grant of the aid are no longer met.

Art. 28 mention to the land register during the abandonment, a restriction of the property based on public law is registered as mention in the land register, banning only the surface remaining to the applicant and building are part of operation within the meaning of the Ordinance of 7 December 1998 on the agricultural terminology.
This statement is valid for a period of 20 years from abandonment. The costs are borne by the applicant. During this period of time, the restriction of the property may be removed only with the agreement of the FOAG.

SR 910.91 art. 29 refund of aid if the applicant does not cease the operation of his business in no later than two years after the payment of the amounts, the aid must be repaid in full within a period of two years. This refund in addition administrative fees of CHF 1,000.
When a transition is interrupted, the allocated aid must be repaid if the recipient continues to operate its business. This refund in addition administrative fees of CHF 1,000. The FOAG may waive part or entirely to the refund in case of financial difficulties which the applicant is not responsible.
Anyone resumes, after the granting of aid, retraining and after abandonment operation within a period of 20 years from the last payment and touch of direct payments in accordance with the Ordinance of 7 December 1998 on direct payments, must repay the aid in retraining. Time limits for reimbursement and the payment of administrative expenses are governed by the al. 1. the amount to be paid is deducted from payments.

New content according to section I of the O from 14 nov. 2007, in force since Jan. 1. 2008 (2007 6211 RO).
RS 910.13 new content according to section I of the O from 14 nov. 2007, in force since Jan. 1. 2008 (2007 6211 RO).

Art. High supervises 30 surveillance the FOAG. It may carry out inspections on the spot.

Section 3 provisions final art. 31 repeal of the law in force the order of 7 December 1998 on the farm aid granted under measure of social support is repealed.

[RO 1998 3121, 2001 169]

Art. 32 repealed by no IV 60 of the O on August 22, 2007 relating to the formal update of federal law, with effect from Jan 1. 2008 (RO 2007 4477).

Art. 33 entry into force subject to para. 2, this order comes into force January 1, 2004.
Section 2 (art. 19 to 30) comes into force on 1 January 2004 and shall continue to apply until 31 December 2015.
The period of validity of the section 2 (art. 19 to 30) has been extended until December 31, 2019.

New content according to section I of the O from 14 nov. 2007, in force since Jan. 1. 2008 (2007 6211 RO).
Introduced by section I of O from 23 oct. in force since Jan. 1, 2013. 2014 (2013 3927 RO).

RO 2003 4883 RS 910.1 new content according to section I of the October 23 O. in force since Jan. 1, 2013. 2014 (2013 3927 RO).

Status January 1, 2016

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