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RS 916.472 Order of 30 October 1985 concerning emoluments received by the Federal Office for Food Safety and Veterinary Affairs (Ordinance on the enoluments of the FVO)

Original Language Title: RS 916.472 Ordonnance du 30 octobre 1985 concernant les émoluments perçus par l’Office fédéral de la sécurité alimentaire et des affaires vétérinaires (Ordonnance sur les émoluments de l’OSAV)

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916.472

Order concerning emoluments received by the Federal Office for Food Safety and Veterinary Affairs

(FVO Emoluments Ordinance, OEmol-OSAV) 1

30 October 1985 (State 1 Er January 2016)

The Swiss Federal Council,

See art. 7, para. 2, of the Act of 16 December 2005 on the protection of animals 2 , given art. 45, para. 2, of the Act of 9 October 1992 on foodstuffs 3 , given art. 56 of the Act of 1 Er July 1966 on epizootics 4 , given art. 46 A The Act of 21 March 1997 on the organisation of government and administration 5 , given art. 65, para. 1, of the Therapeutic Products Act of 15 December 2000 6 , given art. 20, para. 4, of the Federal Act of 16 March 2012 on the movement of protected species of flora and fauna 7 Pursuant to Annex 11 of the Agreement of 21 June 1999 between the Swiss Confederation and the European Community on trade in agricultural products 8 Implementation of the Agreement of 17 November 2010 between the Swiss Confederation and New Zealand on sanitary measures applicable to trade in live animals and animal products 9 , 10

Stops:

Chapter 1 General provisions

Art. 1 1 Scope of application

This order governs the emoluments for decisions and benefits of the Federal Office for Food Safety and Veterinary Affairs (FVO) 2 On animal health, foodstuffs, the protection of animals and the movement of species of protected fauna and flora.

1 New content according to the c. II 4 of the Annex to the O of 4 7. 2013 on the circulation of protected species of flora and fauna, in force since 1 Er Oct. 2013 ( RO 2013 3111 ).
2 The designation of the administrative unit has been adapted to 1 Er Jan 2014 pursuant to Art. 16 al. 3 of the O of 17 Nov 2004 on Official Publications (RS 170.512.1 ). This mod has been taken into account. Throughout the text.

Art. 2 1 Applicability of the General Order on Fees

The General Order of 8 September 2004 on emoluments (OGEmol) 2 Applies, except as otherwise provided in this order.

1 New content according to the c. I of the O of 16 June 2006, in force since 1 Er August 2006 ( RO 2006 2709 ).
2 RS 172.041.1

Art. 3 1 Calculation of the emoluments

1 The fees shall be calculated according to the tariffs set out in chap. 2. Where a fee range is given, the fees are calculated on the basis of time spent and given the financial interest of the subject person.

2 For benefits not explicitly mentioned in the chapter. 2, the emoluments are calculated according to the time spent.

3 The hourly rate for emoluments calculated according to the time spent is 140 francs.

1 New content according to the c. I of the O of 16 June 2006, in force since 1 Er August 2006 ( RO 2006 2709 ).

Art. 4 1 Supplement

The FVO may receive a supplement of up to 50 % of ordinary emoluments for decisions and benefits on an extraordinary scale, with special or urgent difficulties.

1 New content according to the c. I of the O of 16 June 2006, in force since 1 Er August 2006 ( RO 2006 2709 ).

Art. 5 1 Bears

Disbursements include, in addition to the fees listed in s. 6 OGEmol 2 :

A.
Fees within the meaning of the order of 12 December 1996 on daily allowances and other allowances paid to members of the extra-parliamentary committees 3 ;
B.
Expenditure arising from the administration of evidence, scientific expertise, special examinations or the meeting of material or documentation;
C.
The costs of examinations performed in the FSO laboratories or in other laboratories.

1 New content according to the c. I of the O of 16 June 2006, in force since 1 Er August 2006 ( RO 2006 2709 ).
2 RS 172.041.1
3 [ RO 1997 167. RO 2009 6137 ch. II 2]. See currently O of 25 Nov 1998 on the organization of government and administration (RS 172.010.1 ).

Art. 6 1 Fees collected for veterinary border visits

1 The customs office fixes the emoluments of the veterinary border visits (art. 15 to 18) according to the provisions applicable to customs. Art. 12 and 14 OGEmol 2 Are not applicable.

2 Fees based on time spent and travel expenses are in addition to the standard emoluments set out in chap. 2 for veterinary visits outside regular business hours.

3 The emoluments for the veterinary border visit are collected for any controlled lot, whether it is admitted to the import, repressed or otherwise challenged.

1 New content according to the c. I of the O of 16 June 2006, in force since 1 Er August 2006 ( RO 2006 2709 ).
2 RS 172.041.1

Art. 7 1 Perception of emoluments

1 The fees are collected by the FVO or the office setting them.

2 Fees for the authorization of import, transit or export and their possible supplements (art. 4) are collected by the customs office, according to the provisions applicable to customs, together with the emoluments for the veterinary border inspection.

3 Fees up to a maximum of 200 francs may be levied against reimbursement.

1 New content according to the c. I of the O of 16 June 2006, in force since 1 Er August 2006 ( RO 2006 2709 ).

Art. 8 1 Lanes of law

1 Decisions on emoluments are subject to appeal in accordance with the provisions of the federal administrative procedure.

2 If an appeal relates to both emoluments collected by the customs office (Art. 6) and the duties collected by customs or if the action concerns only an error of calculation, the jurisdiction and the procedure are governed by Art. 109 of the Federal Act of 1 Er October 1925 on Customs 2 .

1 New content according to the c. I of the O of 16 June 2006, in force since 1 Er August 2006 ( RO 2006 2709 ).
2 [RS 6 469; RO 1956 635, 1959 1397 art. 11 ch. III, 1973 644, 1974 1857 Annex c. 7, 1980 1793 c. I 1, 1992 1670 hp. III, 1994 1634 ch. I 3, 1995 1816, 1996 3371 Annex 2 c. 2, 1997 2465 app. Ch. 13, 2000 1300 art. 92 1891 c. VI 6, 2002 248 c. I 1 art. 41, 2004 4763 Annex, c. II 1, 2006 2197 Annex c. 50. RO 2007 1411 art. 131 al. 1]. See the current Customs Act of 18 March 2005 (RS 631.0 ).

Art. To 14 1

1 Repealed by c. I of the O of 16 June 2006, with effect from 1 Er August 2006 ( RO 2006 2709 ).

Chapter 2 Tariff of Fees

Section 1 11 Control during import and transit

Art. 15 Imported Lots

1 The fees for the control operations of consignments carried out by the Border Veterinary Service when importing animals and animal products shall be: 1

Fr.

A.
By lot up to 6 tonnes

88.-

B.
Per additional tonne

14.70

C.
By lot above 46 tons

676.-

1bis The fees collected for the control of consignments of animal products imported from New Zealand amount to:

Fr.

A.
By lot up to 6 tonnes

68.20

B.
Per additional tonne

11.40

C.
By lot up to 46 tons

523.90 2

1ter Fees collected for the control of consignments of semen, ova and embryos originating in New Zealand shall be governed by para. 1. 3

2 The determining weight is the gross weight (gross mass) in accordance with the Customs Tariff Act of October 9, 1986. 4 The emoluments are calculated proportionally on the basis of calculation "per 100 kg gross".

3 The fees for the controls carried out by the supervisory bodies defined in Art. 41, para. 1, of the order of 4 September 2013 on the movement of protected species of flora and fauna (OCITES) 5 When importing specimens of animals are set out in paras. 1 and 2. 6

4 The emoluments for the control operations of lots carried out by the supervisory bodies defined in Art. 41, para. 1, OCITES during the importation of plant specimens is as follows:

A.
For living plants: at 30 francs per lot for documentary control, and 30 francs per lot for identity control and physical control;
B.
For plant parts and products of plant origin: 60 francs per lot. 7

5 If the fee for the control of living plants referred to in s. 17 of the order of 27 October 2010 on the protection of plants is levied at the time of importation 8 , the fee referred to in para. 4, let. A, will not be perceived. 9

1 New content according to the c. II 4 of the Annex to the O of 4 7. 2013 on the circulation of protected species of flora and fauna, in force since 1 Er Oct. 2013 ( RO 2013 3111 ).
2 Introduced by ch. II 5 of the Annex to the O of 18 November 2015 regulating the trade in the import, transit and export of animals and animal products with third countries, in force since 1 Er Jan 2016 ( RO 2015 5201 ).
3 Introduced by ch. II 5 of the Annex to the O of 18 November 2015 regulating the trade in the import, transit and export of animals and animal products with third countries, in force since 1 Er Jan 2016 ( RO 2015 5201 ).
4 RS 632.10
5 RS 453.0
6 Introduced by ch. II 4 of the Annex to the O of 4 7. 2013 on the circulation of protected species of flora and fauna, in force since 1 Er Oct. 2013 ( RO 2013 3111 ).
7 Introduced by ch. II 4 of the Annex to the O of 4 7. 2013 on the circulation of protected species of flora and fauna, in force since 1 Er Oct. 2013 ( RO 2013 3111 ).
8 RS 916.20
9 Introduced by ch. II 4 of the Annex to the O of 4 7. 2013 on the circulation of protected species of flora and fauna, in force since 1 Er Oct. 2013 ( RO 2013 3111 ).

Art. 16 Batches for a Member State of the European Union

For consignments in transit intended for the European Union, the applicable tariffs shall be those of Art. 15.

Art. 17 Lots in transit from third countries to third countries

The fees for consignments in transit from third countries to third countries shall be set at 48 francs per lot; an amount of 32 francs shall be collected over a quarter of an hour and per person in charge of the control.

Art. 17 A 1 Batches for import or transit submitted without prior notification

An additional fee of 150 francs is charged for the additional work caused by consignments imported or in transit which have not been subject to prior notification as required by Art. 18 of the order of 18 November 2015 regulating the trade in imports, transit and exportation of animals and animal products with third countries 2 .

1 Introduced by ch. I of the O of 27 August 2008 ( RO 2008 4193 ). New content according to the c. II 5 of the Annex to the O of 18 November 2015 regulating the trade in the import, transit and export of animals and animal products with third countries, in force since 1 Er Jan 2016 (RO) 2015 5201).
2 RS 916.443.10

Art. 17 B 1 Decision on measures concerning non-conforming consignments

The FVO receives a fee of 120 francs for the decisions on refoulement, for the processing or confiscation of consignments intended for import or transit.

1 Introduced by ch. II 5 of the Annex to the O of 18 November 2015 regulating the trade in the import, transit and export of animals and animal products with third countries, in force since 1 Er Jan 2016 ( RO 2015 5201 ).

Art. 18 1 Permissions and permits

1 The fee levied for the grant of an authorisation in accordance with the order of 28 November 2014 concerning the import, transit and export of pet animals 2 Is 40 francs.

1bis The fee for the authorization referred to in s. 12 of the order of 18 November 2015 regulating the trade in imports, transit and exportation of animals and animal products with third countries 3 Shall be 40 francs if the lot, in accordance with that authorisation, is not subject to veterinary border control. 4

1ter The fee for the authorization referred to in s. 7 of the order of 18 November 2015 regulating the trade in imports, transit and export of animals and animal products with the EU Member States, Iceland and Norway 5 Is between 40 and 100 francs. 6

2 Fees collected for the issuance of other authorizations and permits are included in the tariffs set out in s. 15 to 17.

1 New content according to the c. II 4 of Annex 6 to the O of 28 Nov 2014 concerning the import, transit and export of pet animals, in force since 29 Dec. 2014 ( RO 2014 4521 ).
2 RS 916.443.14
3 RS 916.443.10
4 Introduced by ch. II 5 of the Annex to the O of 18 November 2015 regulating the trade in the import, transit and export of animals and animal products with third countries, in force since 1 Er Jan 2016 ( RO 2015 5201 ).
5 RS 916.443.11
6 Introduced by ch. II 5 of the Annex to the O of 18 November 2015 regulating the trade in the import, transit and export of animals and animal products with third countries, in force since 1 Er Jan 2016 ( RO 2015 5201 ).

Section 2 12 Export Permits and Certificates

Art. 19

1 The fees for the authorizations referred to in Art. 52 of the order of 18 November 2015 regulating the trade in imports, transit and exportation of animals and animal products with third countries 1 And 27 of the order of 18 November 2015 regulating the trade in imports, transit and export of animals and products with the EU Member States, Iceland and Norway 2 Are between 40 and 100 francs.

2 The fees for other export permits and certificates are 10 to 60 francs.

1 RS 916.443.10
2 RS 916.443.11

Section 3 Authorisation of stabling and stabling systems

Art.

1 The following fees are collected for the processing of a request for authorisation concerning stabulation systems and layouts:

Fr.

A.
A basic fee for authorizations that may be issued without special examinations

20. - to 50. -

B.
A fee for additional examinations not exceeding half a day, without an operating visit

100.-

C.
A fee for additional examinations not exceeding half a day, with an operating visit

150.-

D.
A fee for additional examinations, per day, with or without an operating visit

350.-

2 The following disbursements are invoiced in addition to the fees:

A.
Disbursements for overnight stays in case of visits to operations several days after the regulation of officials (1) of 10 November 1959 1 ;
B.
Equipment disbursements;
C. 2
Disbursements for the practical examination where applicable (s. 28, para. 2, of the O of 23 April 2008 on the protection of animals 3 ).

1 [RO 1959 1141, 1962 285 1271, 1964 592, 1968 111,1700, 1971 74, 1973 133,320, 1974 1, 1976 2699, 1977 1413 hp. I and II 2155, 1979 1287, 1982 938, 1984 394 1285, 1986 193 2091, 1987 941, 1988 7, 1989 8 1217, 1990 102 1736, 1991 1075 1078 1145 1380 1642, 1992 3, 1993 820 Annex c. 1565 art. 13 para. 1,2812, 1994 2,269,364, 1995 3,3867 annex, c. 8,5067, 1997 230 299, 1998 726, 2000 419 Annex c. 1 2953. RO 2001 2197 Annex c. I 2]
2 New content according to the c. 2 of Schedule 2 to the O of 1 Er Seven. 2010 on the computer system for the management of animal experiments, in force since 1 Er Jan 2011 ( RO 2010 3953 ).
3 RS 455.1

Section 3 A 13 ...

Art. A

Section 4 ...

Art. 1

1 Repealed by c. I of the O of 18 Apr. 2007, with effect from 1 Er Jul. 2007 ( RO 2007 2785 ).

Art. A 1

1 Introduced by Art. 89 hp. 6 of the O of 20 Apr. 1988 concerning the import, transit and export of animals and animal products (RO 1988 800). Repealed by c. 5 of the Annex to the O of 18 November 2015 regulating trade in the import, transit and export of animals and animal products with third countries, with effect from 1 Er Jan 2016 (RO) 2015 5201).

Section 5 14 Control of immunological products

Art.

1 The emoluments for the examination and control of immunological products within the meaning of the legislation on therapeutic products and the legislation on epizootics oscillate:

Fr.

A.
In the case of a new authorization request for a product

Between 1500. - and 10,000. -

B.
In the case of a request for the periodic renewal of the authorisation or of a request to amend an existing authorisation

200. - and 3000. -

C.
In the case of a production lot control

400. - and 3000. -

2 Disbursements for the acquisition and holding of experienced animals are charged separately.

Section 6 15 Diagnostic Laboratories

Art.

For the approval of a diagnostic laboratory, as well as for the revocation of this authorisation, the OSAV takes a fee of 200 to 500 francs.

Section 7 ...

Art. 24 1

1 Repealed by c. I of the O of 8 March 2002, with effect from 1 Er June 2002 ( RO 2002 1422 ).

Section 8 16 Qualifying training and examinations of the bodies responsible for carrying out functions in the public veterinary sector 17

Art. 24 A

1 For the qualifying training of the bodies responsible for performing functions in the public veterinary sector, the FVO collects the following maximum amounts as emoluments: 1

Fr.

A.
Training of official veterinarian

4000.-

B.
Official veterinarian training officer

2500.-

C.
Formal expert training

2500.-

D. 2
Training of official assistant assigned to the control of animals prior to slaughter and control of meat

1000.-

E. 3
Formal assistant training assigned to other tasks

1000.-

2 For the examination, it collects the following fees: 4

Fr.

A.
Official veterinarian examination

800.-

B.
Official veterinarian review executive

600.-

C.
Formal expert review

600.-

D. 5
Review of official animal control assistant prior to slaughter and control of meat

400.-

E. 6
Official assistant review assigned to other tasks

400.-

3 For the issue of the certificate of capacity to the candidates who passed the examination, he charges a fee of 50 francs.

1 New content according to the c. II 8 of Annex 2 to the O of 16 Nov 2011 (Training of persons working in the Public Veterinary Service), in force since 1 Er Jan 2012 ( RO 2011 5803 ).
2 New content according to the c. II 8 of Annex 2 to the O of 16 Nov 2011 (Training of persons working in the Public Veterinary Service), in force since 1 Er Jan 2012 ( RO 2011 5803 ).
3 Introduced by c. II 8 of Annex 2 to the O of 16 Nov 2011 (Training of persons working in the Public Veterinary Service), in force since 1 Er Jan 2012 ( RO 2011 5803 ).
4 New content according to the c. II 8 of Annex 2 to the O of 16 Nov 2011 (Training of persons working in the Public Veterinary Service), in force since 1 Er Jan 2012 ( RO 2011 5803 ).
5 New content according to the c. II 8 of Annex 2 to the O of 16 Nov 2011 (Training of persons working in the Public Veterinary Service), in force since 1 Er Jan 2012 ( RO 2011 5803 ).
6 New content according to the c. II 8 of Annex 2 to the O of 16 Nov 2011 (Training of persons working in the Public Veterinary Service), in force since 1 Er Jan 2012 ( RO 2011 5803 ).

Section 9 18 Use of the computer system for the management of animal experiments

Art. 24 B

1 For the use of the computer system for the management of animal experiments, the FVO raises the following emoluments:

Fr.

A.
Establishment of the authorization to carry out an animal experiment or to operate a pet shop (y c. Reports)

200. - to 300. -

B.
Establishment of authorization to complete animal or animal work experience

60. - at 80. -

C.
Establishment of the decision on lines and strains with a disabling phenotype (art. 127, OPAn)

200. - to 300. -

D.
Establishment of a supplement to a decision concerning incapacitating phenotypes and strains (art. 127, OPAn)

60. - at 80. -

E.
On an annual basis, for the certification of a person, including the maintenance of basic training, qualifying training and continuing education

60. - at 80. -

2 If the FVO performs tasks of a canton which does not work with the animal experimentation computer system, the fee is twice the amount set out in para. 1.

Chapter 3 Final provisions

Art. 25 Repeal of the law in force

Are repealed:

1.
The order of 13 June 1977 concerning fees collected by the Federal Veterinary Office 1 ;
2.
The tariff of taxes of 1 Er April 1972 for veterinary visits to the border for summer and winter cattle exported temporarily to the Federal Republic of Germany or Austria 2 .

1 [RO 1977 1230, 1979 2634 art. 2 hp. 7, 1981 1248 art. 24 hp. 2, 1986 1408 art. 72 hp. 5]
2 [RO 1972 791)

Art. 26 Transitional Provision

The order of 13 June 1977 1 Remains applicable to benefits provided prior to the coming into force of this order.

1 [RO 1977 1230, 1979 2634 art. 2 hp. 7, 1981 1248 art. 24 hp. 2, 1986 1408 art. 72 hp. 5]

Art. 27 Entry into force

This order shall enter into force on 1 Er January 1986.

Annex 1

1 Introduced by c. II of the O of 8 March 2002 ( RO 2002 1422 ). Repealed by c. I of the O of 18 Apr. 2007, with effect from 1 Er Jul. 2007 (RO 2007 2785).

State 1 Er January 2016