Rs 919.117.72 Order Of 30 October 2002 On The Extension Of The Inter-Professional And Producer Organisations Assistance Measures (Ordinance On The Unions And Organizations Of Producers, Oiop)

Original Language Title: RS 919.117.72 Ordonnance du 30 octobre 2002 sur l’extension des mesures d’entraide des interprofessions et des organisations de producteurs (Ordonnance sur les interprofessions et les organisations de producteurs, OIOP)

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919.117.72 order on the extension of the assistance measures of the inter-professional and producer organizations (Ordinance on the unions and organizations of producers, OIOP) on October 30, 2002 (Status January 1, 2016) the Swiss federal Council, view the art. 9 and 177, al. 1, of the law of 29 April 1998 on agriculture (LAgr), stop: Section 1 mutual assistance measures art. 1 the inter-professional and producer organisations assistance measures can be extended in the following areas: a. the promotion of quality; b. the campaigns of promotion and marketing of indigenous production; c. improving knowledge and the transparency of production and the market; (d) the establishment of contracts and commercial uses comply with federal law; e. production and adaptation of supply to the requirements of the market; e. funding of measures areas referred to in para. 1, let. a-c and e.

Measures relating to the production and adaptation of supply to the market requirements are limited to extraordinary situations not related to structural problems, including: a. the forecast and the coordination of production according to market opportunities; b. to programs of quality improvement with direct consequence of volumes or production capacity limitations; c. to market relief.

The measures referred to in para. 2, let. b and c, must be decided by an interprofessional, if necessary by a producer organisation when there is no interprofession.
Products sold directly by the producer to the final consumer for his household are not subject to the mutual assistance measures.

New content according to section I of the O from 14 nov. 2007, in force since Jan. 1. 2008 (RO 2007 6465).

Section 2 inter-professional and organisations of producers art. 2 legal form an interprofession must be an organized corporativement association of persons and the conditions of art. LAgr 8 to request the extension of mutual assistance measures.
A producer organisation must be an association of producers or groups of producers organized corporativement to request the extension of mutual assistance measures. Producer groups are made up of operators who produce the same product or group of products.

Art. 3 representation of the product a product or group of products cannot be represented by a single interprofession or an organization of producers, with the exception of products with a designation according to the art. 14-16 and 63 LAgr which can also be represented by an interprofessional or a specific producer organisation.

Art. 4 representation of an inter-professional interprofession is deemed representative if: a. its members produce, transform and, if necessary, sell at least half of the quantities of product or group of products placed on the market; b. the producer organisations are members at least 60% of operators affected by the measure of mutual assistance, subject to an extension request; c. the regions producing or transforming the product or group of products are represented fairly in her breast; d. three-quarters at least of representatives of producers, processors and, where appropriate, traders in the Assembly of the interprofession personally operating in the production, transformation or trade product or group of products concerned; e. representatives in the Assembly of the interprofession are appointed by the Assembly of their organization or by all the members at their level.

Art. 5 representation of producer organisations a producer organisation is deemed representative if:. its members produce at least half of the quantities of product or group of products placed on the market; b. it has among its members at least 60% of operators affected by the measure of mutual assistance, subject to an extension request; c. the regions producing the product or group of products are represented fairly within; d. three quarters at least of representatives of producers within the Assembly of the Organization personally work in the production of the product or group of products concerned; e. representatives in the Assembly of the Organization are appointed by the Assembly of their group or by all the members.

Art. 6 management of supply if the request for extension is on measures to adapt the production or the supply to the market requirements, the status of groups of producers or, where applicable, those of the interprofession for measures taken at the level of the transformation or trade, must contain at least: a. common rules governing the marketing of products; (b) the obligation to provide the information required by the group or the Organization for statistical purposes including those concerning land, crops, yields and direct sales.

Art. 7 decision procedure it is up to the Assembly of the representatives of the producer organisation or the interprofession to accept a measure of mutual assistance and request its extension to the federal Council.
A producer organisation shall take decisions by a majority of two-thirds.
An interprofession must take decisions by a majority of two-thirds at the level of production, processing and, where appropriate, to the trade.
When a company has two-thirds or more of the voting rights at its level, account is taken of the voices of other voters of the same level.

Section 3 applications art. 8 principle and content the inter-professional and organisations of producers present their requests to the federal Office of agriculture (office).
Applications include: a. a description of the measure of mutual aid for which the extension is requested and its goals; b. a pitch detailed the need for expansion and the public interest of the measure. When applications for the production and adaptation of supply to market requirements, they must show that the evolution of the market presents an extraordinary non-related problems of a structural nature, or indicate the elements on which the organization intends to use to determine if such a situation exists; (c) evidence that the criteria of art. 4 to 6 are filled; are provided including the statutes of the Organization and the necessary statistical data, as well as the name, quality and home of representatives in the Assembly; (d) the minutes of the meeting of the representatives, which proves that the measure has been clearly stated and accepted by a majority of two-thirds at each level and which indicates the result of the vote on the request for extension; e. detailed description of the implementation funding and control of the measure, including how the organization intends to take account of the quantities marketed in direct selling, not subject to the measure; f. the budget and the description says the allocation of funds, if the extension concerns the financing of a measure of mutual assistance according to art. 1, al. 1, let. f. applications for extensions on measures designed to improve the quality or sales may cover a maximum period of four years. Those concerning measures to adapt the production and supply to the market requirements may relate to a maximum of two years. Producer organisations and the unions may ask the federal Council to renew an extension to the term of a new assessment.

New content according to section I of the O from 14 nov. 2007, in force since Jan. 1. 2008 (RO 2007 6465).
Introduced by section I of O nov 14. 2007, in force since Jan. 1. 2008 (RO 2007 6465).

Art. 9 publication of applications published in the Swiss official trade journal requests for extension of mutual assistance measures submitted by the unions and producer organisations.
Anyone can address its comments to the agency within 30 days of the publication.

Section 4 measures art. 10 measures for the areas quality, sales promotion and adaptation of production and supply are set out in Schedule 1: a. measures to promote quality and sales as well as the production and adaptation of supply to the needs of the market; b. the duration of the measures.

Art. 11 contributions to the unions and producer organisations by non-members are laid down in annex 2: a. the contributions that non-members affected by the measures are required to make to the unions and producers organizations; (b) the duration of the obligation of non-members to make contributions; c. the use of the financial means.

If a producer organisation or an interprofession lower the amount of the contributions of its members during the period of validity of the obligation of assessment of non-members, non-members contributions are reduced accordingly. The Organization informs the federal Department of the economy, training and research (Davis) of changes to contribution. The EAER adapts annex accordingly.

They must under no circumstances be assigned to the financing of measures whose benefits are reserved for members of the unions and producer organisations.
The unions and producer organisations entrust an independent review body control of the correct use of the contributions made by non-members. The result of the checks is an integral part of the report referred to in art. 13. new content according to section I of the Nov. 23 O. 2005, in force since Jan. 1. 2006 (RO 2005 5581).
The name of the administrative unit has been adapted to 1 Jan. 2013 in application of art. 16 al. 3 o from 17 nov. 2004 on official publications (RS 170.512.1). This mod has been taken throughout the text.
New content according to section I of the Nov. 23 O. 2005, in force since Jan. 1. 2006 (RO 2005 5581).
New content according to section I of the O from 26 oct. 2011, in force since Jan. 1. 2012 (2011 5481 RO).

Art. 12 execution of measures the unions and producers organizations control the execution of the measures.
They charge contributions to non-members.
Companies or organizations can collaborate in the execution.
The unions and producers organizations ordered by decision execution of measures when stakeholders don't execute them or they ask for a decision on their contributions.
The administrative measures that may be ordered by the inter-professional and organisations are laid down in the annexes.

Art. 13 accountability the unions and producers enjoyed an extension by mutual assistance measures organizations report annually to the EAER a report concerning the realization and the effect of the measures.

Art. 14 transmission of data services referred to in the annexes send on request to the inter-professional and producer organisations the data necessary for the execution of the measures. They can charge their fees.
The data can be used for the measures provided for in the annexes.

Section 5 provisions final art. 15 repeal of current law the Ordinance of 7 December 1998 on the unions and producer organisations is repealed.

[RO 1999 459, 2000 2239, 2001 3574, 2002 3577]

Art. 16 transitional provisions the new law applies to applications pending at the time of the entry into force of this order.

Art. 17 entry into force this order comes into force on January 1, 2003.

Annex 1 (art. 10) has....

B. milk 1 Interprofession. Scope 1.1 the provisions concerning the type contracts (contracts for the purchase of milk) referred to in points 3 to 6 apply to producers of milk, milk and merchants to users of milk non-members of the Interprofession of milk (milk IP).1.2 the provisions concerning the segmentation of the market of milk, referred to in points 7 to 10 and 12, apply to merchants to users of non-members of the IP Lait.1.3 milk and milk milk purchase contracts provisions and the segmentation of the market of milk only apply to non-members insofar as the IP milk applies them to its members.

2. definitions a. milk merchant: physical or legal person, or partnership that buys and sells milk.
b. milk user: users of milk within the meaning of art. 4 of the Ordinance of 7 December 1998 on the agricultural terminology.

3. procurement of milk 3.1 for buying and selling milk, producers, users and traders of milk must in writing a contract for a minimum period of one year. It is possible to agree on one or more renewals automatic contract, each time for a year, after the expiry of the contract term. This contract must: a. agree a quantity of milk and its price; (b) fix the day where the milk pay must be paid at the latest about milk conducted the previous month deliveries, etc. to segment the amount of milk according to the following key, based on the use of milk: Segment use of milk: has-products dairy high value-added (protected or supported) B-dairy products with low value added or subject to a stronger competition (neither protected nor supported, including the industrial milk processed into cheese for export) C - regulatory or product release 3.2 unsupported products dairy products are distributed between segments A, B and C according to the following table: Segment use of milk: A dairy products with high added value (protected or supported) - drinking milk, cream of consumption - butter for the retail industry in the country and the food industry - milk powder and concentrated for the food industry - milk turned into cheese non-ensilage - industrial milk turned into cheese intended for the market of the country - yogurt for the market of the country - other fresh produce for the market of the country and export with compensation of the price of raw B dairy products with low value added, or a stronger competitive (neither protected nor supported) - sere - yogurts for export - milk-based drinks intended for the market of the country - skimmed milk powder for export - milk proteins- other fresh dairy products for export, without compensation of the price of the raw material - industrial milk processed into cheese for export C control products or products release without support - butter and milk powder for export - whole milk powder for export - export cream - milk (more than 3.0% fat) for export - cream butter for export 4. Statutes or regulations 4.1 the conclusion of a contract for the purchase of individual milk is not necessary if the requirements referred to in section 3.1 are the result the statutes or regulations of some contractante.4.2 on point 3.1, the statutes or regulations must also guarantee the delivery or the required support for the minimum period of one year in the case of output or exclusion of an organization as long as their performance does not represent a burden disproportionate after exit or exclusion.

5. obligations of informing 5.1 user of milk must, on request, inform the seller of milk of the allocation of milk that this has provided, by valuation segment and by product fabrique.5.2 must, on request, inform its vendors of milk of the allocation of the volume total provided by all sellers of milk, a valuation segment and by product fabrique.5.3 the seller of milk must , on request, inform the buyer of milk of the quantity of milk delivered to different buyers of milk, by valuation segment.

6. application milk purchase contracts provisions must be applied immediately in contracts newly past and the next period of notice in current contracts.

7 the payday of milk milk pay statements must show the quantities of milk and the price per segment.

8. obligation to communicate information about segmentation 8.1 the following data shall be communicated every month to the TSM LLC (TSM) trustee: a. purchases of milk in different segments, by seller of milk; b. milk sales in the different segments, by buyer of milk; c. dairy products exported made with the milk of the B and C segments , according to the schema defined by the IP milk.

8.2 TSM may use the data collected under art. 43, al. 1, LAgr to check the plausibility of the ads referred to in section 8.1 and calculate the balance of fat and milk protein balance sheet referred to in section 9.3.8.3 at the request of TSM receipts of sale and export of exported dairy products made with milk from the B and C segments must be sent to him for purposes of control.

9 the concordance of quantities 9.1 immediately after the period of January 1 to December 31, TSM check for each merchant milk and each user of milk if the quantity of milk bought in the B and C segments correspond to the quantities sold in the same segments or exported goods made with milk of segments B and the difference between milk bought C.9.2 and milk sold or converted and used for making exports in the B and C segments should not exceed, per segment, 5% of the quantity of milk purchased in the segment in question during the period from 1 January to 31 decembre.9.3 If no dairy product was manufactured, carried out on the basis of a comparison of the quantities of milk. In the case of manufacture of dairy in the B segment, control is based on the balance of proteins of milk (in kilograms) and, in the case of manufacture of dairy products in the C segment, on the balance of fat and protein of the lait.9.4 TSM informs the IP milk when more than 5% by segment differences during the period from 1 January to 31 December or the given data are clearly inaccurate. It transmits the IP milk the data in question.

10 control contracts for the purchase of milk and of the payday documents of milk the following documents must be sent to the IP milk, at his request, to control purposes:

a. signed milk purchase contracts; (b) the payday documents of the milk.

11 transmission of aggregate data TSM passes each month to the IP milk the following aggregated data, which the announcement is required by section 8.1: a. sum of milk purchases by segment (b) sum of milk sales by segment; c. amount exported dairy products made with milk from the B and C segments.

12 system of sanctions 12.1 if the provisions referred to in points 7 to 9 are not applied correctly, the deficiencies must be corrected within a period of 30 days. In case of fault of a merchant or a user of milk, of 2000 francs will percu.12.2 if deficiencies are not corrected within the time limit, or if the correction is not sufficient, a further period of a maximum of 30 days is granted. The amount provided for in section 12.1 may also be extended to 10,000 francs to the maximum.12.3 if deficiencies are not corrected at the end of the second period, a penalty may be applied per kilo of milk bought in too or sold less in the B and C segments. It gets up to a maximum of the difference between the price at which milk was purchased and the price target set by the IP milk for the milk of the segment, increased by 10 cents.

13 run the IP milk is responsible for enforcement of the provisions of this annex. It transmits amounts collected to the Confederation.

14. period of validity the requirement for non-compliance is valid until December 31, 2017.

Updated by clause II of the O from 14 nov. 2007 (RO 2007 6465), c. I of O may 23, 2012 (RO 2012 3471), June 7, 2013 (RO 2013-1759), of 23 October. 2013 (RO 2013 4025), section I of O of the May 21, 2014 (RO 2014 1713) Davis and c. I of the Dec. 11 O. 2015, in force since Jan. 1. 2016 (2015 5819 RO).
RS 910.91 State on January 1, 2016 annex 2 (art. 11) A. Organization of producers of milk 1 Swiss producers. Contributions non-members must pay 0.725 cent/kg of milk marketed to the Federation of producers Swiss of milk (PSL), as an organization of producers within the meaning of art. 2, al. 2 2. Use of contributions the contribution shall be used for the following measures to promote sales in Switzerland and abroad regardless of the brand: a. research marketing; (b) the basic generic advertising; c. generic promotion measures sales; d. public relations concerning the nutritional value, freshness and the quality of milk and dairy products; e. measures covering several branches taken together with AMS agromarketing Switzerland; f. the marketing measures of Switzerland Cheese Marketing (SCM) for the benefit of Swiss cheeses.

3. data transmission the TSM fiduciary LLC passes upon request the following data to the PSL: a. addresses of users of milk and some sellers without intermediaries b. addresses of the producers who delivered milk to users; c. the monthly quantities of milk that each producer has delivered to different users.

4. period of validity the obligation of non-members to pay contributions shall apply until December 31, 2017.

B. Organization of producers Swiss Union of farmers 1. Contributions non-members must pay the following contributions to the Swiss Union of farmers (USP), as an organization of producers within the meaning of art. 2, al. 2: a. 9 cents per animal born bovine; b. 2.5 cents per animal born swine; c. 2 cents per animal of the ovine species; d. 1 centime per animal born of the caprine species.

2. use of contributions contributions according to section 1 should be used for measures of communication related to the marketing of Swiss agriculture in accordance with art. 1 of the Ordinance of 7 December 1998 on assistance to the promotion of sales of agricultural products.

3. transmission of data the office passes on request to USP the addresses of the holders of livestock and data about their flocks.

4. period of validity the obligation of non-members to pay contributions shall apply until December 31, 2017.

C. Organization of producers GalloSuisse 1. Amount of contributions 1.1. Non-members must pay the following contributions to GalloSuisse as an organization of producers within the meaning of art. 2, al. 2: a. 30 cents per animal buyers of female chicks and pullets; b. 12 cents per egg buyers of eggs hatching.

1.2 only buyers keeping at least 500 farm animals for oviposition (egg production) or 500 hens are subject to the obligation to pay contributions.

2. use of contributions contributions according to section 1 should be used for measures of communication related to marketing for eggs in accordance with art. 1 of the Ordinance of 7 December 1998 on assistance to the promotion of sales of agricultural products.

3. transmission of data on request to GalloSuisse, the office shall forward the following data: a. the addresses of Swiss producers owning more than 500 farm animals for oviposition or 500 hens and the number of animals actually held; b. addresses importers of eggs hatching, chicks and chicks as well as quantities imported.

4. period of validity the obligation of non-members to pay contributions shall apply until December 31, 2017.

D. inter-professional Emmentaler Switzerland 1. Amount of contributions 1.1. Manufacturers (cheese) non-members must pay the Emmentaler Switzerland (ES) as interprofessional within the meaning of art. 2, al. 1, a contribution of 55 cents/kg of produced Emmentaler.
1.2 when the contribution is calculated on the basis of the quantity of milk transformed into Emmentaler, the conversion factor between the mature weight and the milk used must be of 8,15.

2. use of contributions the contribution in accordance with section 1 shall be used for the following measures: a. advertising b. public relations; c. fairs and exhibitions.

3. transmission of the TSM data transmitting on request to are the following data by manufacturer producing the Emmentaler or ' other cheese hard, fat"(let. d), according to the list of products SAAL: a. addresses of manufacturers and, as appropriate, those refiners; b. the amounts of manufactured Emmentaler (weight of the cheese in white) and the number of millstones; c. the quantity of milk transformed into Emmentaler; d. the quantities manufactured"from other hard cheeses. bold", millstone weighing over 70 kg (weight of the cheese in white), and the number of millstones; e. the amount of milk transformed into"other cheese hard, fat", a wheel weight greater than 70 kilos; f. quantities manufactured"cheeses hard to cast, bold", wheel weighing more than 70 pounds (the weight of the cheese in white) , and the number of millstones; g. the amount of milk transformed into "cheeses hard to cast, bold", with a wheel weight superior to 70 kilos.

4. period of validity the obligation of non-members to pay contributions shall apply until December 31, 2017.

Updated by clause II of the O from 14 nov. 2007 (RO 2007 6465), c. I of O of Feb. 25. 2009 (number 2009 883), Nov. 18. 2009 (RO 2009 5883), may 25, 2011 (RO 2011 2417), section II of the O from 26 oct. 2011 (RO 2011 5481), section I of the May 23, 2012 (RO 2012 3471) O, October 23. 2013 (2013 4025 RO)) and Dec 11. 2015, in force since Jan. 1. 2016 (2015 5819 RO).
[RO 1998 3205, 2000 187 art. 22 para. 1 c. 23, 2002 4311, 2003-5415. RO 2006 2695 art. [19]. see currently O of 9 June 2006 on the promotion of sales of agricultural products (RS 916.010).

Status January 1, 2016

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