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RS 919.117.71 Order of 23 October 2013 on information systems in the field of agriculture (OSIAgr)

Original Language Title: RS 919.117.71 Ordonnance du 23 octobre 2013 sur les systèmes d’information dans le domaine de l’agriculture (OSIAgr)

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919.117.71

Order on Information Systems in the Field of Agriculture

(OSIAgr)

On 23 October 2013 (State 1 Er January 2016)

The Swiss Federal Council,

Having regard to art. 165 C , para. 3, let. D, 165 G , 177, para. 1, 181, para. 1 Bis , and 185, para. 2, of the Act of 29 April 1998 on Agriculture (LAgr) 1 , given art. 25 of the Act of 9 October 1992 on Federal Statistics 2 See art. 54 A Of the Act of 1 Er July 1966 on epizootics 3 ,

Stops:

Section 1 Purpose

Art. 1

1 This order governs the processing of data in the following information systems:

A.
Information system for data on holdings, structures and contributions (art. 165 C LAgr);
B.
Information system for control data (art. 165 D LAgr);
C.
Geographic information system (art. 165 E LAgr);
D.
Centralised information system for the fluxes of fertilisers (Art. 165 F LAgr);
E.
Information system on land improvements and agricultural credit projects;
F.
Agate Internet portal;
G.
Decision support system.

2 In addition, it rules the way in which the data referred to in para. 1 are acquired and transmitted.

3 Data acquisition, survey and data capture.

Section 2 Information system for data on holdings, structures and contributions

Art. 2 Data

The information system for farm data, structures and contributions (SIPA) includes the following data:

A.
Data on the operations referred to in Annex 1, c. 1;
B.
Data on the structures referred to in Annex 1, c. 2;
C.
Registration data for the types of direct payments and direct payments referred to in Annex 1, c. 3.
Art. 3 Data Acquisition

1 The cantons acquire the data.

2 They may delegate the acquisition to operators, municipalities or appropriate organisations provided that data protection is guaranteed.

3 They acquire data according to the following frequency:

A.
Farm data: ongoing;
B.
Data on structures: once a year;
C.
Registration data for the types of direct payments and direct payments: once a year.
Art. 4 Time limits for data transmission

1 The cantons transmit the data to the Federal Office of Agriculture (OFAG) within the following deadlines:

A.
Updated farm data: once a week;
B.
Data on structures:
1.
Once a week, with transmission of all data by July 31,
2.
Transmission of corrected data referred to in c. 1: no later than October 31,
3.
Transmission of the final data referred to in c. 1: no later than 31 December;
C.
Data on the registration of direct payments for the following year: no later than October 31;
D.
Data on direct payments, with the exception of estimator and transition contributions:
1.
No later than October 31,
2.
Transmission of the final data referred to in c. 1, no later than December 31;
E.
Data on the estimator contribution and transition contribution: no later than December 31.

2 The data referred to in the let. B, c. 3, d, c. 2 and e must be delivered at the same time.

Art. 5 Transmission of data to other services of the Confederation

The data referred to in s. 2 may be transmitted to the following services or consulted online in SIPA by them for the performance of their tasks (Art. 165 C , para. 3, let. D, LAgr):

A.
Federal Statistics Office;
B.
Federal Office for the Economic Supply of the Country;
C.
Institute of Virology and Immunology;
D.
Federal Customs Administration;
E.
Federal Liquor Control Board;
F.
Swiss Institute for Therapeutic Products;
G.
Swiss Accreditation Service.

Section 3 Information system for monitoring data

Art. 6 Data

The information system for control data (Acontrol) contains the following data:

A.
Operator information and operational information referred to in Annex 1, c. 1.1 and 1.2;
B.
Data on the structures referred to in Annex 1, c. 2;
C.
Registration data for the types of direct payments referred to in Annex 1, c. 3.1;
D.
Basic data of the controls and results of the checks referred to in Annex 2, c. 1 and 2;
E.
Information concerning general enforcement measures and the criminal proceedings referred to in Annex 2, c. 3;
F.
Information on reductions or refusal of direct payments referred to in Annex 2, c. 4.
Art. 7 Data Acquisition

1 The cantons shall report to the data referred to in Art. 6, let. D to f, based on the checks carried out.

2 They enter the data directly or transfer it to Acontrol from their own computer systems.

3 They may delegate the acquisition of data to the bodies they have mandated for carrying out checks in accordance with Art. 6 of the ordinance of 23 October 2013 on the coordination of controls on farms (OCCEA) 1 .


Art. 8 Data Entry Delays
1 The cantons shall enter the data within the following time limits:
A.
Data subject to s. 6, let. D, in the areas of food safety, animal health and animal welfare:
1.
In the case of serious or serious deficiencies: within five working days after the inspection,
2.
If there is no breach, or only minor deficiencies: within one month after control;
B.
Data subject to s. 6, let. D, in the fields of the environment, direct payments and other contributions: within one month after control;
C.
Data subject to s. 6, let. E and f: within one month from the moment they are available.
2 They complete all the data for a calendar year referred to in s. 6, let. D to f, no later than January 31 of the following year.
Art. Link to other information systems

The data referred to in s. 6, let. A to c, can be obtained from SIPA.

Section 4 Geographic Information System

Art. 10 Data

The Geographic Information System (GIS) includes the following geodata:

A.
Geodata on agricultural zone boundaries and slopes in accordance with the minimum geodata models referred to in Annex 3, c. 1;
B.
Geodata on cultivated agricultural land and the vineyard register according to the minimum geodata models referred to in Annex 3, c. 2;
C.
Other geographic data required for the enforcement of the Act, as set out in Schedule 3, c. 3.
Art. 11 Data Acquisition

1 The OFAG periodically acquires the data referred to in s. 10, let. A and c.

2 The cantons shall acquire the data referred to in Art. 10, let. B.

3 The cantons may delegate the acquisition of the data referred to in Art. 10, let. B, to the operators, to the municipalities or to appropriate organisations, provided that data protection is guaranteed.

Art. 12 Data entry and transmission

1 The cantons shall seize and process the geodata referred to in Art. 10, let. B, in the cantonal geographical information system.

2 They shall transmit the final geodata to the OFAG no later than December 31 of the year of contributions.

3 Data shall be transmitted in accordance with the valid geodata models and the technical requirements of the OFAG. 1


1 Introduced by ch. I of O du 28 oct. 2015, in force since 1 Er Jan 2016 ( RO 2015 4581 ).

Art. 13 Link to other information systems

The data in the GIS may be linked to the data referred to in Annex 1, c. 1 and 2.

Section 5 Centralised information system for fertilisers

Art. 14 Data

The centralized information system for nutrient fluxes (HODUFLU) includes the following data:

A.
Information on the operator or the operation referred to in Annex 1, c. 1.1 and 1.2;
B.
Contracts for the flow of fertilisers between farms;
C.
Data on the products and quantities of fertilizing elements transferred.
Art. 15 Data processing

1 The data referred to in s. 14, let. B and c are directly entered and updated by the operator using the HODUFLU online application.

2 The competent cantonal authority shall acquire, rectify or supplement the data referred to in Art. 14, let. A and c, within the framework of its implementing powers.

Art. 16 Link to other information systems

The data referred to in s. 14, let. A, can be obtained from SIPA.

Section 6 Other information systems

Art. 17 Land Improvement and Farm Credit Project Information System

1 The OFAG operates an information system on land improvement and agricultural credit projects (eMapis). This system is used by the implementing authorities to grant financial aid in the field of social support measures (Title 4 LAgr) and structural improvements (Title 5 LAgr).

2 The eMAPIS system includes the following data:

A.
Data on the applicant;
B.
Operational data and project data;
C.
Financial data, including the calculation of support and its amount.
Art. 18 Acquire request data for eMapis

1 The cantons shall report to the data referred to in Art. 17, para. 2.

2 They enter the data directly into eMapis.

Art. 19 EMapis Coupling and other information systems

For the verification of the data referred to in Art. 17, para. 2, let. A and b, the data can be obtained from SIPA.

Art. Agate Internet Portal

1 The OFAG operates the Agate Internet portal. It serves:

A.
Inform the public on issues related to the portal;
B.
To authenticate users, to regulate access to participating systems, and to provide information on questions to users. 1

2 The Agate Internet portal includes the following data on its users:

A.
Identification numbers referred to in Annex 4, c. 1;
B.
Data on the addresses referred to in Annex 4, c. 2;
C.
Contact details referred to in Annex 4, c. 3;
D.
Date of birth referred to in Schedule 4, c. 4;
E.
Organization or service referred to in Annex 4, c. 5;
F.
Access rights referred to in Annex 4, c. 6.

1 New content according to the c. I of O du 28 oct. 2015, in force since 1 Er Jan 2016 ( RO 2015 4581 ).

Art. Acquiring data for Agate

Data that cannot be obtained from SIPA must be entered by the user directly in the Agate Internet portal.

Art. 1 Agate Coupling and other information systems

1 The data referred to in s. 20, para. 2, let. A to d, can be obtained from SIPA.

2 With the agreement of the OFAG, the participating systems in Agate can obtain the data referred to in Art. 20, para. 2.


1 New content according to the c. I of O du 28 oct. 2015, in force since 1 Er Jan 2016 ( RO 2015 4581 ).

Art. Decision Support System

1 The OFAG operates the Astat support system. It is used to link data from the information systems referred to in this order, as well as to the modeling and provision of information.

2 OFAG uses Astat to perform its tasks, including:

A.
Ensure the implementation of the Act and verify the effectiveness of the measures;
B.
Reporting on the use of funds;
C.
Support the development of agricultural policy;
D.
Facilitate the establishment of statistics and publications.

Section 7 Common provisions

Art. 24 Data Acquisition and Transmission Instructions

1 In agreement with the Federal Offices concerned, the OFAG issues instructions on:

A.
The acquisition period;
B.
The extent and content of the data acquired;
C.
Formats used for data transmission.

2 In areas for which the OFAG is not responsible, the competent federal offices shall make their instructions available online.

3 If the cantons or other bodies or individuals who acquire data use their own data catalogues or survey forms, the content of the data must meet the requirements of the OFAG.

Art. 25 Quality and rectification of data

1 Federal services regularly monitor the quality of data. Cantonal and federal services may require the bodies and individuals who acquire the data to rectify them if the quality of the data is insufficient.

2 Organs and individuals who enter data in information systems shall ensure that erroneous data are corrected early enough during the current processing period.

Art. 26 Systems and responsibilities development and operation

1 The Confederation develops, in cooperation with the cantons, the information systems referred to in Art. 1 and assumes the business responsibility.

2 The IT Service Provider of the Federal Department of Economics, Training and Research, the Federal Office of Informatics and Telecommunications and the Federal Office of Topography are supporting the OFAG and the Federal Office Food safety and veterinary affairs (FVO) in terms of technical requirements related to the development of systems. They provide the necessary infrastructure and are responsible for the security of the operation of the information systems and the contribution calculation service (CCS) referred to in s. 114 of the order of 23 October 2013 on direct payments (OPD) 1 .


Art. 27 Publishing data

1 The OFAG may make available or transmit anonymized data to the public.

2 The OFAG may transmit the data referred to in s. 2, 6, let. A to d, 10 and 14 of this order in pseudonym form to high schools located in Switzerland and to their research stations for the purposes of study, research, evaluation and monitoring within the meaning of Art. 185, para. 1 Bis And 1 Ter LAgr. The transmission of data to third parties is possible if they work under the mandate of the OFAG.

3 The OFAG may, upon request, transmit data on addresses or contact information concerning operators, high schools located in Switzerland and their research stations for the purposes of study, research, evaluation and Monitoring Within the meaning of s. 185, para. 1 Bis And 1 Ter LAgr. The transmission of data to third parties is possible if they work under the mandate of the OFAG.

4 With the agreement of the OFAG, Agate data referred to in s. 20, para. 2 may be transmitted to the competent cantonal authorities for enforcement purposes. 1

5 The OFAG and the FVO may, with the agreement of the operators, make available the data on holdings, the data on the structures referred to in Annex 1, the data of the controls referred to in Annexes 2.1, 2.2 and 2.4 and the geodata referred to in Annex 1. Annex 3, for controls under private law.

6 The authorities which, in the course of their legal duties, process data from information systems in the field of agriculture referred to in Art. 1, para. 1, let. A to d, may make available or transmit data which are not sensitive if provided for in federal law or in an international agreement. 2

7 With regard to the dissemination of the control data referred to in Art. 6, let. D and e, in the areas of food safety, animal health and animal welfare, for which the FSO is competent, s. 15 to 17 of the order of 29 October 2008 concerning the Public Veterinary Service Information System 3 Apply.


1 New content according to the c. I of O du 28 oct. 2015, in force since 1 Er Jan 2016 ( RO 2015 4581 ).
2 New content according to the c. I of O du 28 oct. 2015, in force since 1 Er Jan 2016 ( RO 2015 4581 ).
3 RS 916.408

Art. 28 Retention and destruction of data

1 Data from the information systems referred to in s. 1 must be kept for at least five years.

2 They may be kept at most:

A.
Sensitive data: for sixteen years;
B.
Other data: for 30 years.

3 The data referred to in s. 17, para. 2, must be retained by the services responsible for the acquisition for 20 years after the final payment.

4 The anonymized data may be retained beyond the time limits specified in para. 2.

5 Prior to their destruction, the data must be available to the Federal Archives if the OFAG is not responsible for their archiving.

Section 8 Final provisions

Art. Repeal of another act

The order of 7 December 1998 on agricultural data 1 Is repealed.


1 [ RO 1999 540 , 2000 1492, 2001 3554, 2003 3687 Annex, c. II 5 4963, 2006 897, 2007 141 art. 12,6443, 2008 3857, 2010 2551 5885, 2011 5297 Annex 2 c. 9 5453 Annex 2 c. II 5, 2012 6859 Annex, c. 3]

Art. Change in Other Acts

... 1


1 The mod. Can be viewed at RO 2013 4009 .

Art. Transitional provisions

1 For the year 2014, the deadline for delivery of the data referred to in Art. 4, let. B, c. 1, is scheduled for September 30, 2014.

2 The data referred to in s. 11, para. 2 and 3, shall be acquired from the date of the implementation of the geodata models in each canton in accordance with the ordinance of 21 May 2008 on geoinformation (OGéo) 1 , but no later than 1 Er June 2017.


Art. 32 Entry into force

1 This order shall enter into force on 1 Er January 2014, subject to para. 2.

2 Art. 17 to 19 come into force on 1 Er July 2015.

Annex 1 1

(art. 2, 6, let. A to c, 13, 14, let. A, and 27, al. 5)

1. Farm data

1.1 Operator information

1.1.1
Person's cantonal number
1.1.2
Name, address and common home of the person or head office of the partnership
1.1.3
Telephone number, e-mail
1.1.4
Year of birth of the operator or year of foundation of the corporation
1.1.5
Main professional activity
1.1.6
Legal form
1.1.7
Language

1.2 Operation Information

1.2.1
Identification number of the operating form: cantonal number of operations, identification number of the register of holdings (REE number), identification number and enterprises (IDE number), number for the data bank on the Animal trafficking (BDTA number)
1.2.2
Operating and community forms (including number of member farms)
1.2.3
The operating address for the operating form
1.2.4
Operating Form Coordinates
1.2.5
Altitude of the form of operation
1.2.6
Region and Area Membership
1.2.7
Animal Category Information

2. Structure Data

2.1 Operating surface usage information

2.1.1
Earned Lands (Open Arables and Artificial Grasslands)
2.1.2
Permanent herbagère surface
2.1.3
Surfaces of perennial crops
2.1.4
Surfaces grown throughout the year under cover
2.1.5
Other surfaces belonging to the useful agricultural area
2.1.6
Surfaces outside the useful agricultural area
2.1.7
Indications relating to the parcel, including the declivity and type of exploitation: organic production, extensive production and promotion of biodiversity.

2.2 Animal Information

2.2.1
Animals kept by category of animals (according to age or weight classes), including bees and aquatic animals (average and actual strength on the reference day in accordance with Art. 108 OPD 2 )
2.2.2
Type of custody/mode of production
2.2.3
Number and categories of summer animals, duration of summer

2.3 General Indications

2.3.1
Number of persons employed by gender, occupation category and degree of occupation
2.3.2
Contract and Delivered Sugar Quantities

2.4 Direct Selling

2.4.1
Direct sale data

3. Registration data for direct payments and direct payments

3.1 Registration data for types of direct payments

3.1.1
Registration data for direct payment types and RKs under s. 97 OPD
3.1.2
Data concerning the supervisory bodies referred to in Art. 97 OPD

3.2 Data on Direct Payments

3.2.1
Type of contributions per operator and per operation
3.2.2
Amount of contributions per operator and per operation
3.2.3
Baseline data for the calculation of contributions, including intermediate outcomes
3.2.4
Reductions in contributions in French francs with reference to the legal basis for the reduction under the OPD
3.2.5
Requests for refunds and supplementary contributions from previous years in francs

1 Update as per c. II of the O of 28 Oct. 2015, in force since 1 Er Jan 2016 ( RO 2015 4581 ).
2 RS 910.13


State 1 Er January 2016

Annex 2

(art. 6, let. D to f, and 27, para. 5)

Control Data

1 Basic data of the controls within the scope of the ECA 1

1.1
Identification of the controlled operating unit
1.2
Control content (one or more control topics)
1.3
Control Date
1.4
Control Body
1.5
Control Reason
1.6
Control Type (advertised or non-advertised)
1.7
Status of control (status of capturing results and measures)

2 Results of controls within the scope of the ECA

2.1
Manings identified with description (magnitude, recidivism, etc.)
2.2
Uncontrolled and non-relevant parts of a control topic

3 Information on general enforcement measures and criminal proceedings

3.1
Administrative measures, such as the elimination of infringements, the prohibition of keeping animals, the confiscation, the receiver (legislation on epizootic diseases), the receiver (legislation on foodstuffs), the withdrawal of authorisation, the Tracking control
3.2
Other measures, such as reimbursement and exclusion of financial aid, invoicing of costs
3.3
Criminal Procedure Committed

4 Information on reductions or refusals of direct payments

4.1
Type of reduction (reduction of total direct payments or certain types of direct payments)
4.2
Categories affected by the reduction, by type of reduction
4.3
Reduction in CHF or points


State 1 Er January 2016

Annex 3 1

(art. 10 and 27, para. 5)

Geodata

1 Geodata on the boundaries of agricultural areas and on sloping land according to Annex 1 of the OGéo 2 And minimum geodata models

1.1
Limits of agricultural areas under the Ordinance of 7 December 1998 on agricultural areas 3 (149.1)
1.2
Sloping Land (152.1)
1.3
Upslope viticultural surfaces (152.2)

2 Geo-data on cultivated agricultural land and the vineyard register according to the minimum geodata models

2.1
Wine Cadastre (151.1)
2.2
Usage Surfaces (153.1)
2.3
Perimeter of terraced vines (153.2)
2.4
Biodiversity promotion surfaces, quality level II (153.3)
2.5
Biodiversity promotion surfaces, networking (153.4)
2.6
SAU and summer surfaces (153.5)
2.7
Operating Unit (153.6)
2.8
...
2.9
Elements of landscape quality (153.8)

3 Other geographical data required for the implementation of the Act

3.1
Map of Climatic Skills for Agriculture according to Annex 1 OGeo and Minimum Geodata Models (77.1)
3.2
Numerical map of Swiss soil capacities according to Annex 1 OGeo and minimum geodata models (77.2)
3.3
Register of Appellations of Origin (PDO) and Geographical Indications by Annex 1 OGeo and Minimum Geodata Models (150)
3.4
Official measurements and orthophotos of the Federal Office of Topography
3.5
Erosion Risk Map

1 Update as per c. II of the O of 28 Oct. 2015, in force since 1 Er Jan 2016 ( RO 2015 4581 ).
2 RS 510.620
3 RS 912.1


State 1 Er January 2016

Annex 4 1

(art. 20, para. 2)

User data in Agate

1
Identification Numbers
1.1
Agate number
1.2
Cantonal personal number
2
Address Data
2.1
Name
2.2
First Name
2.3
Street
2.4
NPA
2.5
Locality
2.6
Language of correspondence
3
Contact Data
3.1
Phone (fixed or mobile network)
3.2
Email
4
Date of birth
5
Organization or Service
6
General or specific access rights under the information system

1 Update as per c. II of the O of 28 Oct. 2015, in force since 1 Er Jan 2016 ( RO 2015 4581 ).


State 1 Er January 2016