Legislator Case Law & Legislation
910.13 DZVOPD CH

Art. 59 Ordinance of 23 October 2013 on Direct Payments in Agriculture (ODPA) - Conditions and Obligations Related to Contributions for Quality Level II

OPD; Titre 2 Contributions; Chapitre 3 Contribution à la biodiversité
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Art. 59 OPD · Conditions and Obligations Related to Contributions for Quality Level II

The contribution for Quality Level II is granted when the areas referred to in Art. 55, para. 1, let. a to f, n, and o, as well as the trees referred to in Art. 55, para. 1 bis, let. a, exhibit floristic quality or structures that promote biodiversity and meet the requirements outlined in Art. 58 and in Annex 4.

If the biodiversity promotion areas in question are fens, amphibian breeding sites, dry meadows, and pastures, which are biotopes of national importance referred to in Art. 18a NCHA, they are considered as exhibiting floristic quality or structures that promote biodiversity.

After consulting with the Federal Office for the Environment (FOEN), the FOAG may issue instructions on how to control floristic quality and structures that promote biodiversity.

Cantons may use other foundational documents to assess floristic quality and structures that promote biodiversity, provided these documents have been recognized as equivalent by the FOAG, after consultation with the FOEN. Exceptions are the foundational documents used to assess floristic quality in the summering region.

For areas that are mowed more than once a year, the canton may advance the mowing dates if floristic quality requires it.

The use of conditioners is not permitted.

If contributions for Quality Level II are granted for a given area or a given tree, contributions for Quality Level I are also granted for this same area or tree, except for the areas referred to in Art. 55, para. 1, let. n and o.

← Art. 58a OPD Ordinance of October 23, 2013 on Direct Payments in Agriculture (OPD) - Purpose Art. 60 DZV →

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Court Decisions Applying This Provision (3)

B-1064/2020 (Art. 59 cpv. 1 OPD)
Farmer's Appeal on Direct Payments and Slope Contributions Partially Granted
Used to define the conditions for receiving quality level II biodiversity contributions.
B-4709/2012 (Art. 59 Abs. 1 und 3 DZV)
Farmer's Penalty for Tied Cows Overturned Due to Insufficient Welfare Regulation Application
The court found that the defendant's keeping of the brünstigen Kuh (heat-stressed cow) in a tied stall violated the requirements of the BTS program, which is based on these articles.
B-8533/2010 (Art. 59 Abs. 1 DZV)
Agricultural Direct Payments for Animal Welfare Violations
This provision details contributions for particularly animal-friendly production methods, which are forfeited if animal welfare is not respected.