Advanced Search

RS 910.15 Order of 23 October 2013 on the coordination of controls on farms (OCCEA)

Original Language Title: RS 910.15 Ordonnance du 23 octobre 2013 sur la coordination des contrôles dans les exploitations agricoles (OCCEA)

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

910.15

Ordinance on the coordination of controls on farms

(OCCEA)

On 23 October 2013 (State 1 Er January 2016)

The Swiss Federal Council,

See art. 32, para. 3, of the Federal Act of 16 December 2005 on the protection of animals 1 , given art. 44 of the Therapeutic Products Act of 15 December 2000 2 , given art. 36, para. 5, of the Act of 9 October 1992 on foodstuffs 3 , given art. 177 and 181, para. 1 Bis Of the Act of 29 April 1998 on Agriculture 4 , given art. 53, para. 1, of the Act of 1 Er July 1966 on epizootics 5 ,

Stops:

Art. 1 Purpose and scope

1 This order sets out the general requirements to be met by the controls on operations that are to be registered under s. 3 of the order of 23 November 2005 on primary production 1 .

2 It applies to controls carried out under the following orders:

A.
Primary production order;
B.
Order of 20 October 2010 on the control of milk 2 ;
C.
Veterinary medicinal products order of 18 August 2004 3 ;
D.
Order of 27 June 1995 on epizootic diseases 4 ;
E.
BDTA order of 26 October 2011 5 ;
F.
Order of 23 April 2008 on the protection of animals 6 ;
G.
Order of 28 October 1998 on the protection of water 7 ;
H.
Order of 23 October 2013 on direct payments 8 ;
I.
Order of 23 October 2013 on contributions to particular crops 9 ;
J.
Order of 31 October 2012 on breeding 10 .

2 It is addressed to the cantons and the bodies which carry out checks pursuant to the orders referred to in para. 2.


Art. 2 Basic Controls

1 Basic controls are used to verify that the provisions of the orders referred to in s. 1, para. 2, in the areas mentioned in Annex 1, are complied with throughout the operation.

2 Instructions for certain basic controls are set out in Appendix 2.

3 Basic checks may be carried out by means of different methods of control, subject to other provisions of the orders referred to in Art. 1, para. 2.

Art. 3 Frequency and coordination of basic controls

1 Each operation is subject to basic controls for each field, in principle in each production unit and for each industry. The length of time between two basic checks shall not be longer than the period laid down in Annex 1 for each field, since the end of the calendar year concerned shall be understood as the end of the period.

2 The cantons shall ensure the coordination of basic controls so that an operation is not, in principle, checked more than once per calendar year. Exceptions to coordination are possible in particular for:

A.
Basic controls that do not require the presence of the operator;
B.
Basic controls on the following types of direct payments:
1. 1
Contributions to biodiversity for level II quality and networking,
2.
Contribution to the quality of the landscape
3.
Contributions to resource efficiency.

3 At least 10 % of the basic checks on the protection of animals and contributions to animal welfare are carried out without prior notice.


1 New content according to the c. I of O du 28 oct. 2015, in force since 1 Er Jan 2016 ( RO 2015 4517 ).

Art. 4 Additional Controls

1 In addition to the basic controls referred to in s. 3, controls are carried out according to the risks presented by each operation. Risks are identified based on the following criteria, including:

A.
Gaps identified in previous controls;
B.
Suspected failure to comply with the requirements;
C.
Significant changes in an operation;
D.
Extraordinary events, such as diseases or epizootics;
E.
Important elements that could not be controlled within the framework of the basic control.

2 In addition to the basic controls referred to in s. 3 and the controls referred to in para. 1, controls are carried out on randomly selected farms.

3 As regards contributions to biodiversity for the quality of Level II, the controls provided for in paras. 1 and 2 are carried out each year in at least 1 % of the announced farms. During these inspections, compliance with operating expenses is verified for a selection of advertised surfaces. 1

4 With regard to holdings whose products are certified in accordance with the Ordinance of 22 September 1997 on organic farming 2 , it must also take into account s. 30 of the Ordinance on Organic Agriculture in the Determination of Basic Controls under Art. 3 and additional controls according to paras. 1 and 2.


1 New content according to the c. I of O du 28 oct. 2015, in force since 1 Er Jan 2016 ( RO 2015 4517 ).
2 RS 910.18

Art. 5 Regime for small farms and fish and bee farms

Farms with fewer than 0.25 standard labour units and less than three large livestock units and fish and bee farms are not subject to the provisions of ss. 3 and 4. The cantons determine how often these holdings are to be controlled.

Art. 6 Control Bodies

1 If another body governed by public law, the cantonal executing authority, or a body governed by private law, carries out the checks, the cooperation with the cantonal executing authority must be settled in a written contract. The cantonal execution authority must ensure compliance with the contractual provisions and ensure that the requirements of the Confederation concerning the carrying out of the controls are complied with.

2 The bodies of private law must be accredited in accordance with the order of 17 June 1996 on accreditation and designation 1 According to the standard "SN EN ISO/IEC 17020 General criteria for the operation of different types of inspection bodies" 2 This provision does not apply to the control of data on surfaces, contributions to particular crops and the following types of direct payments:

A.
Contribution for the extensive cultivation of cereals, sunflowers, pulses and rapeseed;
B. 3
Contributions to biodiversity for Level II quality and networking;
C.
Contribution to the quality of the landscape
D.
Contributions to resource efficiency.

3 ... 4

4 Other provisions concerning accreditation resulting from, where appropriate, the legal bases specific to the various fields are also decisive.

5 If the person in charge of the control finds a clear and serious breach of the provisions of one of the orders referred to in s. 1, para. 2, this failure must be announced to the competent implementing authorities, even if that person has not been given the task of monitoring compliance with the relevant provisions.


1 RS 946.512
2 The standard mentioned can be consulted and obtained from the Swiss Standards Association (SNV), Bürglistrasse 29, 8400 Winterthur, www.snv.ch.
3 New content according to the c. I of O du 28 oct. 2015, in force since 1 Er Jan 2016 ( RO 2015 4517 ).
4 Repealed by c. I of O du 28 oct. 2015, with effect from 1 Er Jan 2016 ( RO 2015 4517 ).

Art. 7 Tasks of the cantons and the coordination services

1 Each canton shall designate a coordination coordination service responsible for the coordination of basic checks in accordance with Art. 3.

2 The canton or the control coordination unit shall communicate to each supervisory body before the start of a period of control:

A.
Which areas must be controlled on which farms;
B.
Whether to carry out the controls with or without notice;
C.
When it must perform the controls.

4 The Control Coordination Service shall keep a list of the implementing authorities and their areas of competence.

Art. 8 Tasks of the Confederation

The Federal Office of Agriculture is monitoring the execution of this order, in cooperation with the Federal Office for Food Safety and Veterinary Affairs, the Federal Office for the Environment and the Federal Unit for the Industry Food.

Art. Repeal and modification of other acts

1 The ordinance of 26 October 2011 on the coordination of controls 1 Is repealed.

2 The amendment to other Acts is set out in Schedule 3.


1 [ RO 2011 5297 , 2012 6407 Annex 2 c. 1]

Art. 10 Entry into force

This order shall enter into force on 1 Er January 2014.

Annex 1 1

(art. 2, para. 1, and 3, para. 1)

Areas subject to basic controls and frequency of basic controls

1. Food safety, animal health and animal welfare

Domain

Order

Period in years

Year-round operations

Summer operations

1.1 Hygiene in plant primary production

Order of November 23, 2005, on primary production 2

4

8

1.2 Hygiene in primary animal production (without milk production)

Primary Production Order

4

8

1.3 Hygiene in milk production

Primary Production Order

Order of 20 October 2010 on the control of milk 3

4

8

1.4 Veterinary Drugs

Order of 18 August 2004 on veterinary medicinal products 4

4

8

1.5 Animal Health and Animal Diseases

Epizooties Ordinance of 27 June 1995 5

4

8

1.6 Animal Traffic and Cattle Establishment *

Order of 26 October 2011 on the BDTA 6

October 23, 2013 Ordinance on Direct Payments (OPD) 7 ;

4

8

1.7 Protection of animals (including as part of the ecological benefits required and as a condition for contributions for the preservation of the race of the Franches-Montagnes)

Order of 23 April 2008 on the protection of animals (OPAn) 8

Ordinance of 31 October 2012 on breeding 9

4

8

2. Environment

Domain

Order

Period in years

Year-round operations

Summer operations

2.1 Protection of water (without the control of the leakproofness of the storage facilities for farm fertilizers and liquid digests referred to in s. 28, para. 2, let. (b)

Order of 28 October 1998 on the protection of water 10

4

8

3. Direct payments and other contributions

Domain

Order

Period in years

Year-round operations

Summer operations

3.1 Surfaces Data *

OPD

8

8

3.2 Animal numbers (without cattle) *

OPD

4

8

3.3 Required ecological benefits (without the protection of animals)

OPD

4

-

3.4 Contributions to the Cultivated Landscape:

OPD

-

8

3.5 Contributions to biodiversity: quality of level I*

OPD

4

-

3.6 Contributions to biodiversity: level II*

OPD

8

8

3.7 ...

3.8 Contributions to Biodiversity: Networking

OPD

8

-

3.9 Contribution to landscape quality

OPD

8

8

3.10 Contributions to the production system: organic farming

OPD

4

-

3.11 Contributions to the production system: extensive cultivation of cereals, sunflowers, pulses and rapeseed *

OPD

4

-

3.12 Contributions to the production system: production of milk and meat based on grassland

OPD

4

-

3.13 Contributions to the production system: animal welfare

OPD

4

-

3.14 Contributions to resource efficiency: spreading techniques reducing emissions

OPD

4

-

3.15 Contribution to resource efficiency: tillage maintenance techniques

OPD

4

-

3.16 Contributions to Resource Efficiency: Use of Specific Application Techniques

OPD

4

-

3.17 Contributions to Specific Cultures *

Order of 23 October 2013 on contributions to particular crops 11

4

-

* See instructions for the basic controls mentioned in Annex 2.


1 Update as per c. II al. 1 of the O of 28 Oct. 2015, in force since 1 Er Jan 2016 ( RO 2015 4517 ).
2 RS 916.020
3 RS 916.351.0
4 RS 812.212.27
5 RS 916.401
6 RS 916.404.1
7 RS 910.13
8 RS 455.1
9 RS 916.310
10 RS 814.201
11 RS 910.17


State 1 Er January 2016

Annex 2 1

(art. 2, para. 2)

Instructions on the basic controls of the animal population, data on surfaces, surfaces eligible for contributions to particular crops or a contribution for extensive cultivation, as well as surface area Promotion of biodiversity

1. Basic controls on the number of animals

1.1 Cattle Enrolment: The differences between the numbers present on the premises and the number of staff in the updated list of animals in the data bank on animal trafficking should, where appropriate, be explained and documented.

1.2 Other animal numbers (without cattle): The differences between the number of staff present in the field and the number of staff members declared in the application (actual and average staff) must be explained and documented where appropriate. The audit covers the total number of animals in the farm (without the cattle).

2. Basic controls of data on surfaces and surfaces giving entitlement to contributions to particular crops or to a contribution for extensive cultivation

2.1 Area data: The location and dimensions of the surfaces and the cultures reported must be verified on site. This audit covers all or part of the surface area of the operation.

2.2 Surfaces eligible for contributions to specific crops: Declared crops and compliance with harvesting obligations must be verified on site. This audit covers all or part of the surfaces announced for these contributions.

2.3 Surfaces eligible for a contribution for extensive culture: Declared crops and compliance with harvesting obligations must be verified on site. This audit covers all or part of the surfaces announced for these contributions.

3. Basic Controls on Area of Biodiversity Promotion (SPB)

3.1 SPB with Contribution for Level I Quality: Compliance with operating conditions and expenses must be verified on site. This check is performed on a selection of surfaces for each type of SPB referred to in s. 52 of the order of 23 October 2013 on direct payments 2 .

3.2 SPB with Contribution for Level II Quality: The quality of all surfaces announced for this contribution must be assessed on site.

3.3 ...

3.4 SPB with input for networking: Compliance with operating conditions and operating expenses must be verified on site. This audit takes place on all surfaces announced for this contribution.


1 Update as per c. II al. 2 of the O of 28 Oct. 2015, in force since 1 Er Jan 2016 ( RO 2015 4517 ).
2 RS 910.13


State 1 Er January 2016

Annex 3

(art. 9, para. 2)

Change in Other Acts

The following acts are amended as follows:

... 1


1 The mod. Can be viewed at RO 2013 3897 .


State 1 Er January 2016