[916.141] order regarding exceptional financial support for the decommissioning of wines of appellation of controlled origin in table wine (OAFDV) of May 15, 2013 (status on June 1, 2013) the Swiss federal Council, see art. 177, al. 1, of the law of 29 April 1998 on agriculture, stop: art. 1 scope and object to eliminate a part of the surplus indigenous wines of appellation of controlled origin (AOC wines) of the 2012 and earlier vintages, companies that predictably AOC wines in table wine can be financially supported.
The financial assistance is in the form of contributions to firms which meet the requirements and the conditions defined in the art. 3 and 4.
Art. 2 financial support and contributions financial assistance is limited to 10 million francs. The cost of the specific checks referred to in art. 8, al. 1, and controls referred to in art. 8, al. 3, is included in this financial assistance.
The contribution per litre of wine AOC downgraded to table wine may not exceed 1 fr. 50.
Art. 3 requirements for the AOC wines declassified the contribution is paid only for Swiss AOC wine which: a. meet the requirements of the order of 14 November 2007 on the wine and the order of the DFI of 23 November 2005 on alcoholic beverages; b. are downgraded from January 1, 2013 in table wine and designated in the accounting of cellar by the mention "wine downgraded with financial aid"; c. are marketed under the designation ' wine of. " table"or as wine industry before December 31, 2014.
Wine downgraded with financial assistance are stored apart and the tanks must be marked 'wine downgraded with financial assistance '.
Wine downgraded with financial assistance cannot be used for cutting of AOC wines or country.
RS 916.140 RS 817.022.110 art. 4 entitled to contributions are entitled to contributions of winery (companies): a. which are subject to the control of the harvest according to art. 28 order of 14 November 2007 on the wine; ETB. which are controlled by the body of federal control as defined in art. 34 of the order of 14 November 2007 on the wine.
Companies that are subject to cantonal control equivalent in accordance with art. 36, al. 2, of the order of 14 November 2007 on the wine and who wish to benefit from contributions to the decommissioning of AOC wines must announce themselves to the federal oversight body before participating in the tender according to art. 5. the company is subject to federal control when contributions are actually allocated. It remains subject to him until December 31, 2015.
SR 916.140 art. 5 tender and offers the allocation of contributions is made by tender.
The tender is published by the Swiss federal Office for agriculture (FOAG) in the Official Gazette of commerce (FOSC).
The bidder may submit bids for a fixed amount corresponding to the quantity of wine that it is willing to downgrade. The offer must indicate the amount that the bidder wants to receive for this quantity.
Bids must reach the FOAG within the time indicated in the tender, using the form provided for this purpose and made available on the website of the FOAG.
Any bidder may submit a maximum of three offers.
The offer must be at least on a volume of 2,000 litres of wine.
After the expiry of the period, offers cannot be modified or removed.
Art. 6 allocation the allocation of contributions contributions is done in ascending order from supply per litre lower.
If offers by the highest litre may be considered beyond the balance of the amount to be awarded, the volumes of these offers are reduced in proportion. If the result is a volume smaller than the minimum size according to art. 5, al. 6, the bidder may withdraw his bid.
Art. 7 payment of contributions the company presents to the FOAG October 31, 2013 at the latest the following documents: a. an extract from cellar accounting summarizing AOC wines downgraded with financial aid; b. bills AOC wines downgraded in table wine sold; c. contracts entered into between the company and its buyers for wines to market before December 31, 2014.
The FOAG examines documents received and the contribution to the company.
A copy of the documents to the federal supervisory body.
Art. 8 the federal oversight body check on behalf of the FOAG, compliance with the requirements laid down in art. 3 and the traceability of wine AOC downgraded with help financial company to the ultimate purchaser or transformer at its usual checks carried out under the order of 14 November 2007 on the wine, or specific according to this order checks. Checks must be made before March 31, 2015.
The federal supervisory body shall immediately inform the FOAG of any breach of art. 3 or the requirements for the traceability of decommissioned AOC wines with financial assistance. It establishes for the FOAG, before May 31, 2015, a final report on the violations.
The control costs are the responsibility of the company and are charged at the rate of 130 francs earlier. The cost of the first four hours of control by company subject to federal control under art. 4, al. 2, are the responsibility of the Confederation and financed in accordance with art. 2, al. 1. the costs of control beyond four hours are the responsibility of the company. Travel and waiting times are also counted as working time.
SR 916.140 art. 9 return of the contribution unduly affected contributions must be returned.
Art. 10 execution the FOAG is responsible for execution.
Art. 11 entry into force this order comes into force on June 1, 2013 and has effect until December 31, 2015.
RO 2013 1463 RS 910.1 State on June 1, 2013