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910.13 DZVOPD CH

Art. 70 Ordinance of October 23, 2013, on Direct Payments in Agriculture (DPO) - Contribution for Abstaining from the Use of Insecticides, Acaricides, and Fungicides in Perennial Crops After Flowering

OPD; Titre 2 Contributions; Chapitre 5 Contributions au système de production
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Art. 70 OPD · Contribution for Abstaining from the Use of Insecticides, Acaricides, and Fungicides in Perennial Crops After Flowering

The contribution for abstaining from the use of insecticides, acaricides, and fungicides in perennial crops after flowering is paid per hectare in the following areas: a. in fruit growing, for orchards as defined in Art. 22, para. 2, OTerm; b. in viticulture; c. in berry cultivation.

The cultivation must be carried out without the use of insecticides, acaricides, and fungicides after flowering. The use of plant protection products authorized under the Ordinance of September 22, 1997, on Organic Farming is permitted.

The use of copper per hectare per year must not exceed: a. in viticulture and pome fruit cultivation: 1.5 kg; b. in stone fruit cultivation, berry cultivation, and other fruits, except pome fruits: 3 kg.

The requirements referred to in paras. 2 and 3 must be met on a surface area for four consecutive years.

The stage "after flowering" is defined by the following phenological stages according to the BBCH scale in the monograph "Phenological Stages of Cultivated Monocotyledons and Dicotyledons": a. in arboriculture, code 71: for pome fruits "fruit diameter up to 10 mm, fruit drop after flowering," for stone fruits "the ovary enlarges, fruit drop after flowering," for other fruits "beginning of fruit formation: the first fruits appear at the base of the cluster; drop of unfertilized flowers"; b. in viticulture, code 73: "the fruits (berries) reach the size of buckshot, the clusters begin to hang down"; c. in berry cultivation, code 71: "beginning of fruit formation: the first fruits appear at the base of the cluster; drop of unfertilized flowers."

← Art. 69 OPD Ordinance of October 23, 2013 on Direct Payments in Agriculture (OPD) - Purpose Art. 71 OPD →

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Court Decisions Applying This Provision (41)

VVGE.2009.10.Nr.23 · ow (Art. 70 Abs. 1 Bst. e DZV)
Agricultural Direct Payments Reduced for Nature Conservation Violation
Cited as the legal basis for reducing contributions due to non-compliance with environmental protection regulations.
VVGE.2009.10.Nr.23 · ow (Art. 70 Abs. 2 DZV)
Agricultural Direct Payments Reduced for Nature Conservation Violation
Cited to establish that non-compliance with regulations must be determined by a legally binding decision.
AGVE.2001.97 · ag (Art. 70 Abs. 1 DZV)
Proportionality in Animal Welfare Payment Penalties
Cited as the basis for the cantons to reduce or deny contributions for non-compliance with conditions and obligations.
B-563/2013 (Art. 70 Abs. 1 Bst. d DZV)
Farmer Disqualified from Direct Payments for Exceeding Phosphorus Limits
Cited as the basis for withholding or refusing contributions if conditions and obligations are not met.
B-4709/2012 (Art. 70 Abs. 1 Bst. d DZV)
Farmer's Penalty for Tied Cows Overturned Due to Insufficient Welfare Regulation Application
The court referenced this article as the basis for cantons implementing direct payment reductions according to the Kürzungsrichtilinie, which was relevant to the dispute.
B-5397/2012 (art. 70 al. 1 let. e, al. 2 et 3 OPD)
Farmer entitled to reduced payment for non-compliant manure storage
These provisions specify that cantons must reduce or refuse direct payments if applicants do not comply with water, environmental, nature, and landscape protection laws, and that the violation must be established by an enforceable decision. Intentional or repeated violations can lead to a refusal of contributions for up to five years.
B-5203/2012 (Art. 70 Abs. 1 Bst. b DZV)
Farmer vs. Rural Payments Agency: Obstruction vs. Water Protection Violations
Basis for withholding or reducing contributions if a claimant obstructs controls.
B-5203/2012 (Art. 70 Abs. 1 Bst. e DZV)
Farmer vs. Rural Payments Agency: Obstruction vs. Water Protection Violations
Basis for withholding or reducing contributions due to non-compliance with agricultural-relevant provisions of the Water Protection Act.
B-5203/2012 (Art. 70 Abs. 2 DZV)
Farmer vs. Rural Payments Agency: Obstruction vs. Water Protection Violations
Requirement for a legally binding decision establishing non-compliance with water protection provisions for withholding or reducing contributions.
VD.LA.12.26 · sg (Art. 70 Abs. 1 Bst. d DZV)
Appeal Regarding Reduction of Area Subsidies and Denial of Sheep Payments Based on Incorrect Nutrient Balance and Stock Data
Cited in reasoning stating that cantons reduce or deny payments if DZV conditions and obligations are not met.
B-1764/2012 (Art. 70 Abs. 1 Bst. e DZV)
Farmer v. Agricultural Authority (2010 Direct Payments Reduction)
Mandates cantons to reduce or deny direct payments for non-compliance with environmental laws.
B-1764/2012 (Art. 70 Abs. 2 DZV)
Farmer v. Agricultural Authority (2010 Direct Payments Reduction)
Requires a legally binding decision to establish non-compliance with water protection laws for direct payment reductions.
B-2730/2011 (Art. 70 Abs. 1 Bst. e DZV)
Farmer's Direct Payment Sanction Upheld for Water Law Violations
Cited as the legal basis for reducing direct payments due to non-compliance with agricultural regulations.
B-8533/2010 (Art. 70 Abs. 1 Bst. d DZV)
Agricultural Direct Payments for Animal Welfare Violations
This provision specifies that contributions are reduced or forfeited if the applicant fails to comply with the conditions and obligations of the Direct Payments Ordinance and other requirements imposed on them.
B-8533/2010 (Art. 70 Abs. 1 DZV)
Agricultural Direct Payments for Animal Welfare Violations
This provision specifies the conditions under which direct payments are made, including adherence to the ecological performance requirements.