Ordinance of October 23, 2013 on Direct Payments in Agriculture (OPD) - Purpose (DZV)

This ordinance regulates the conditions and procedures related to the disbursement of direct payments and sets the amount of contributions. It establishes controls and administrative sanctions.

Direct payments include the following types of direct payments: a. Contributions for cultivated landscape: 1. contribution for maintaining an open landscape, 2. contribution for sloping lands, 3. contribution for steeply sloping lands, 4. contribution for sloping vineyard areas, 5. contribution for alpine grazing, 6. contribution for summer grazing; b. Contributions to supply security: 1. basic contribution, 2. contribution for production in difficult conditions, 3. contribution for open lands and perennial crops; c. the biodiversity contribution; d. ... e. Contributions to the production system: 1. contribution for organic farming, 2. contributions for refraining from the use of plant protection products, 3. contribution for functional biodiversity, 4. contributions for improving soil fertility, 5. contribution for efficient nitrogen use in large-scale crops, 6. contribution for grassland-based milk and meat production, 7. contributions to animal welfare, 8. contribution for a longer productive life of cows; ebis. the contribution to regional biodiversity and landscape quality; f. ... g. the transition contribution.

Operators of a farming enterprise are entitled to contributions if: a. they are natural persons with civil domicile in Switzerland; b. they have not reached the age of 65 by January 1st of the contribution year; c. they meet the training requirements specified in Art. 4.

Natural persons or partnerships personally operating the business of a corporation (Ltd.), a limited liability company (LLC), or a limited partnership based in Switzerland are entitled to contributions if: a. they hold at least a two-thirds direct participation in the share capital or social capital and two-thirds of the voting rights in the corporation or the limited partnership by means of registered shares; b. they hold at least a three-quarters direct participation in the social capital and voting rights in the LLC; c. the book value of the farming capital and—if the corporation or the LLC owns it—the book value of the enterprise or enterprises, represents at least two-thirds of the assets of the corporation or the LLC.

Natural persons or partnerships who lease their operation to a legal entity are not entitled to contributions if: a. they assume a managerial role on behalf of the legal entity, or b. they hold a participation exceeding one-quarter of the share capital, social capital, or voting rights in the legal entity.

Legal entities domiciled in Switzerland, as well as municipalities and cantons, may be entitled to the biodiversity contribution and the regional biodiversity and landscape quality contribution, provided they are considered operators of the agricultural enterprise. Exceptions include legal entities presumed to have been established to circumvent the age limit or training requirements.

Operators must have completed one of the following trainings: a. initial training in the field of agriculture and its professions, certified by a federal vocational training certificate according to Art. 37 or by a federal certificate of competency according to Art. 38 of the Federal Act of December 13, 2002, on Vocational and Professional Education and Training (VPETA); b. farmer training certified by a diploma referred to in Art. 43 VPETA; c. higher education in the professions mentioned in letters a or b.

Any other initial vocational training certified by a federal vocational training certificate according to Art. 37 VPETA or by a federal certificate of competency according to Art. 38 VPETA, supplemented by: a. continuing education in agriculture, uniformly regulated by the cantons in collaboration with the relevant labor organization, completed successfully, or b. practical experience for at least three years, substantiated by evidence, as an operator, co-operator, or employee in an agricultural enterprise, is equated to initial vocational training within the meaning of para. 1, let. a.

Operators of enterprises located in the mountain region, requiring less than 0.5 standard labor units (SLU) according to Art. 3, para. 2, of the Ordinance of December 7, 1998, on Agricultural Terminology (OTerm) are not required to meet the conditions referred to in para. 1.

The spouse who takes over the operation when the current operator reaches the age defined in para. 3, para. 1, let. b, is not required to meet the conditions referred to in para. 1 if they have worked on the operation for at least ten years.

In the case of an operator's death entitled to contributions, the heir or the hereditary community is not required to meet the requirements referred to in para. 1 for up to three years following the death.

A member of the hereditary community must have their civil domicile in Switzerland and must not have reached the age of 65 as of January 1 of the contribution year. The hereditary community must report this person to the responsible authorities as defined in Art. 98, para. 2.

Direct payments are granted only if the operation requires at least 0.20 MSWUs (Manpower Standard Work Units).

Direct payments are only granted if at least 50% of the work required for the proper operation of the farm is performed by the farm's labor force. The workload is calculated according to the "ART 2009 Work Budget" established by Agroscope, in the 2013 version.

Direct payments are only granted if the livestock numbers do not exceed the limitations set out in the Ordinance of 23 October 2013 on Maximum Livestock Numbers.

In the case of partnerships, the direct payments for an operation are proportionally reduced according to the number of persons who have reached the age of 65 before January 1st of the contribution year.

Natural persons and legal entities, municipalities, and public law entities are entitled to contributions as operators of summer pastures and communal grazing grounds if: a. they manage a summer pasture or communal grazing ground on their own account and at their own risk, and if b. they have their civil domicile or headquarters in Switzerland.

Cantons are not entitled to contributions.

The conditions referred to in Articles 3 to 9 do not apply.

Contributions are granted when the requirements related to ecological services (ES) referred to in Articles 12 to 25 are met across the entire operation.

The requirements of the animal welfare legislation applicable to agricultural production must be adhered to.

The nutrient cycles must be as closed as possible. The fertilization record must demonstrate that the inputs of phosphorus and nitrogen are not excessive. The requirements that must be met in the preparation of the fertilization record are set out in annex 1, sec. 2.1.

The authorized inputs of phosphorus and nitrogen are calculated based on the needs of the plants and the production potential of the farm.

Atmospheric pollutants emitted particularly during the storage and application of liquid farm fertilizers must be limited under the provisions of the Ordinance of 16 December 1985 on Air Pollution Control.

In order for fertilizers to be optimally distributed across the different plots, all plots must be subject to soil analysis at least every ten years, as referred to in annex 1, sec. 2.2.

Biodiversity promotion areas must account for at least 3.5% of agricultural land allocated to special crops and 7% of utilized agricultural land managed in other forms. This provision applies only to areas located within the national territory. The areas that can be credited as biodiversity promotion areas include those specified in Art. 55, para. 1, let. a to k and n, 71 b, and 78, as well as in Annex 1, ch. 3, and the trees referred to in Art. 55, para. 1 bis, which: a. are located on the farm and at a maximum distance of 15 km by road from the farm center or a production unit, and b. belong to the operator or are situated on leased land operated by the farmer.

One tree referred to in para. 2 equates to 1 are of biodiversity promotion area. A maximum of 100 trees per hectare is creditable per farm plot. The trees taken into account must not represent more than half of the biodiversity promotion area.

Concerning strips sown for beneficial organisms in the perennial crops referred to in Art. 71 b, para. 1, let. b, 5% of the perennial crop area is creditable.

The areas that are part of projects referred to in Art. 78 are creditable when they correspond to natural environments of ecological interest and are not biodiversity promotion areas within the meaning of Art. 55, para. 1.

The provisions of Art. 18a of the Federal Act of July 1, 1966, on the Protection of Nature and Cultural Heritage (NCHA) concerning the management of fens, amphibian breeding sites, dry meadows, and pastures, which are biotopes of national importance, must be respected, provided that these areas have been delineated and that management prescriptions have been declared binding.

An area is considered officially delineated: a. when there is a written agreement on use and protection between the cantonal authority and the operator, or b. when there is an enforceable decision, or c. when the area has been delineated within an enforceable zoning plan.

Crop rotation is designed to prevent the occurrence of pests and diseases and to avoid erosion, soil compaction, and soil loss, as well as the infiltration and runoff of fertilizers and plant protection products.

Farms with more than 3 hectares of open land must arrange at least four different crops each year. Annex 1, para. 4.1, specifies the conditions under which a crop is attributable. Regarding the main crops, the maximum share of rotated land, as set forth in Annex 1, para. 4.2, must be respected.

The requirement mentioned in para. 2 does not apply to farms that implement breaks between crops according to Annex 1, para. 4.3.

For farms managed in accordance with the provisions of the Ordinance of 22 September 1997 on Organic Farming, compliance with the requirements set by the national professional organization referred to in Art. 20, para. 2, provides evidence of regular crop rotation.

Appropriate soil protection is ensured through optimal soil coverage and measures aimed at preventing erosion and chemical or physical damage to the soil. The requirements are set forth in Annex 1, Section 5.

Farms with more than 3 hectares of open land must, during the current year, sow an autumn crop, an intercrop, or green manure on each plot containing crops that are harvested before August 31.

...

For farms managed according to the provisions of the Organic Ordinance of September 22, 1997, the application of the requirements set by the national professional organization referred to in Art. 20, para. 2, provides evidence of appropriate soil protection.

To protect crops against harmful organisms, diseases, and weed infestation, preventive measures, natural regulation mechanisms, and biological and mechanical processes shall be primarily applied.

Tolerance thresholds and recommendations from official forecasting and warning services must be considered when using phytosanitary products. The Federal Office for Agriculture (FOAG) publishes the tolerance thresholds concerning harmful organisms.

Only phytosanitary products placed on the market according to the Ordinance of 12 May 2010 on Phytosanitary Products (OPPh) may be used.

Phytosanitary products containing active substances that pose a high potential risk to surface water or groundwater should, in principle, not be used. The active substances concerned are listed in Annex 1, section 6.1.1.

The prohibition referred to in paragraph 4 does not apply to the indications listed in Annex 1, section 6.1.2, where substitution with active substances presenting a lower potential risk is not possible and regarding harmful organisms that are regularly present and cause damage in most regions of Switzerland. The FOAG updates Annex 1, section 6.1.2.

The usage prescriptions for phytosanitary products are listed in Annex 1, sections 6.1 a and 6.2. Priority should be given to products that preserve beneficial organisms.

The competent cantonal services may grant special authorizations according to Annex 1, section 6.3, for: a. the use of phytosanitary products containing active substances whose use is prohibited under paragraph 4, provided that substitution with active substances presenting a lower potential risk is not possible; b. the application of measures excluded under Annex 1, section 6.2.

Test areas are not subject to the usage prescriptions mentioned in Annex 1, sections 6.1, 6.2, and 6.3. The applicant must sign a written agreement with the operator and send it to the cantonal phytosanitary service, along with the test description.

The requirements that must be met for the production of seeds and plants are set out in Annex 1, ch. 7.

The requirements for special crops are set out in Annex 1, sec. 8.1.

With regard to PER, the Federal Office for Agriculture (FOAG) may approve equivalent requirements from national professional organizations or implementing organizations referred to in Annex 1, sec. 8.2.

Buffer strips in compliance with Annex 1, sec. 9 must be established along surface waters, forest edges, paths, hedges, field groves, wooded banks, and inventoried areas.

To meet the requirements related to the Ecological Performance Record (PER), an agricultural enterprise may agree with one or more other enterprises to collectively fulfill all or part of the PER.

If the agreement between these enterprises covers only certain elements of the PER, the following requirements may be met collectively: a. balanced nutrient management as referred to in Art. 13; b. an appropriate share of biodiversity promotion areas as referred to in Art. 14; c. the combined requirements of Arts. 16 to 18; d. ...

The agreement must be approved by the canton. It is approved when: a. the enterprises or their centers of operation are at most 15 km apart by road; b. the enterprises have formally arranged the collaboration in writing; c. the enterprises have appointed a common control body; d. none of the enterprises has entered into another agreement for the joint fulfillment of the PER elsewhere.

The exchange of surfaces is only permitted between farms that provide the standards for ecological performance (PER).

Secondary crops established on areas not exceeding 20 ares per operation are not required to be cultivated according to the PER rules.

The requirements that the records must meet are set out in Annex 1, Sec. 1.

Within the framework of projects aimed at testing alternative regulations for the development of PER, it is possible to waive certain requirements specified in Arts. 13 to 14a and 16 to 25, provided that the regulations are at least ecologically equivalent and that the project is subject to scientific supervision.

The waivers require the approval of FOAG.

Summer pastures and communal grazing areas must be managed appropriately and in an environmentally friendly manner.

The buildings, facilities, and accessways must be kept in proper condition and maintained appropriately.

Grazing animals must be monitored. The operator shall ensure that the animals are checked at least once a week.

Pastures must be protected against overgrowth and fallow land by appropriate measures.

The areas referred to in Annex 2, ch. 1, must be protected by appropriate measures aimed at preventing trampling and grazing by summering animals.

Areas subject to nature protection must be managed according to the applicable regulations.

Mowing (mulching) for the maintenance of pastures and control of problematic herbaceous plants is permitted if the following conditions are met: a. the grass layer remains intact; b. no area protected under the Nature Protection Act (NPA) is affected.

Mowing for the purpose of clearing areas is permitted with prior authorization from the canton. The cantons forward the authorizations to the Federal Office for Agriculture (FOAG) for information.

The authorization must include the following requirements: a. the intervention is carried out no earlier than August 15; b. a maximum of 10% of the soil surface is damaged after the intervention; c. after the intervention, the area must present a mosaic of open pastures and shrubs, with shrubs maintained on at least 1 are per 10.

In duly justified cases, the canton may deviate from the established requirements.

The mowing referred to in para. 5 cannot be carried out on the same surface for more than two consecutive years. Sustainable use must then be ensured through appropriate pasture management. A new mowing can be conducted only after eight years.

The application of manure to pastures must promote a balanced and species-rich floral composition, in line with a moderate and staggered use of the pastures. Manure application should be carried out using fertilizers produced on the alpine pasture. The competent cantonal authority may authorize the use of fertilizers not originating from the alpine pasture.

The application of nitrogen-based mineral fertilizers and liquid fertilizers not originating from the alpine pasture is prohibited.

The proportional application of farmyard manure on summer pastures and communal pastures contiguous to the main operation where animals regularly return is also considered as an application of farmyard manure originating from the alpine pasture.

Any application of fertilizer (date, type, quantity, origin) must be recorded in a logbook.

Annex 2.6, ch. 3.2.3 of the Ordinance of May 18, 2005, on the Reduction of Risks related to Chemical Products applies to residues from non-agricultural wastewater treatment plants with a maximum of 200 population equivalents as well as from non-agricultural wastewater pits without outflow.

To mitigate exceptional situations due to weather conditions, up to 50 kg of dry forage or 140 kg of ensiled forage per normal pasture (PN) and per grazing period may be used.

For dairy cows, dairy goats, and dairy ewes, an additional supply of 100 kg of dry forage and 100 kg in total of concentrated feed (excluding mineral salts), pellets, or dried grass meal, corn pellets per PN and per grazing period is permitted.

Pigs may only be fed with concentrated feed as a supplement to by-products of milk produced on the pasture.

All forage supply (date, type, quantity, origin) must be recorded in a logbook.

Efforts must be made to control problematic plants such as dock, creeping thistle, white false hellebore, ragwort, and alpine ragwort; in particular, their spread must be prevented. Herbicides may be used for spot treatment of individual plants provided that their use is not prohibited or restricted. Area-wide treatments may only be conducted with the authorization of the competent cantonal authority and as part of a remediation plan.

If a management plan referred to in Annex 2, ch. 2, provides for requirements and prescriptions that are more extensive than those specified in Articles 26 to 32, these shall be decisive.

In cases of either overly intensive or overly extensive exploitation, the canton prescribes measures for the adoption of a mandatory grazing plan.

When ecological damage or inappropriate exploitation is observed, the canton establishes requirements concerning pasture management, fertilization, and the supply of forage and demands related records.

If the requirements set in para. 1 or 2 do not achieve the objective, the canton requires the establishment of an operational plan as specified in annex 2, sec. 2.

The area eligible for contributions includes the useful agricultural area as defined in Articles 14, 16, paragraphs 3 and 5, and 17, paragraph 2, of the Ordinance on Terminology (OTerm).

Small structures present within the biodiversity promotion areas referred to in Article 55, paragraph 1, letters a to c, e to k, n, p, and q, are eligible for contributions up to a maximum of 20% of the area. Small structures include groups of shrubs, isolated shrubs, piles of branches, litter piles, rhizomes, wet ditches, ponds, small lakes, ruderal areas, piles of stones, rocky outcrops, dry stone walls, boulders, and bare soil areas.

...

Refuge strips arranged in an extensively managed meadow (Article 55, paragraph 1, letter a), in a low-intensity meadow (Article 55, paragraph 1, letter b), or in a riparian meadow (Article 55, paragraph 1, letter g) are eligible for contributions up to a maximum of 20% of the meadow's area.

Areas whose use and protection are subject to a written agreement with the cantonal service under the Nature and Cultural Heritage Protection Act (LPN) and hence are not used every year are only eligible, in the years they are not utilized, for the biodiversity contribution (Article 55), the regional biodiversity contribution and landscape quality contribution (Articles 78 and 79), and the basic contribution for supply security (Article 50).

The areas traditionally exploited in the foreign border zone referred to in Article 17, paragraph 2, OTerm are only eligible for the basic contribution for supply security (Article 50) and the contribution for open lands and perennial crops (Article 53).

Grassland areas and litter-rich areas in the summer grazing region (Article 55, paragraph 1, letter o) are eligible for the biodiversity contribution and the regional biodiversity and landscape quality contribution.

Areas developed as nurseries or devoted to the cultivation of forest plants, Christmas trees, ornamental plants, hemp not grown for fiber or seed use, and areas under greenhouses resting on solid foundations are not eligible for any contribution.

The reference period for establishing the livestock count in year-round operations extends from January 1 to December 31 of the previous year.

For determining the number of culled cows and their calvings in accordance with Art. 77, the three calendar years preceding the contribution year constitute the determining reference period.

The following reference periods are decisive for calculating the livestock load of mountain pastures and communal grazing areas: a. for cattle, Asian buffalos, equines, sheep, and goats: the contribution year until October 31; b. for llamas and alpacas: the contribution year.

The count of cattle, Asian buffalos, equines, sheep, goats, and bison is calculated based on data from the animal traffic database.

The count of other livestock must be provided by the operator when submitting the application for direct payment grants.

For the calculation of the number of cattle, Asian buffalo, equines, sheep, goats, and bison, the number of animal/days during the reference period is decisive. Only the animal/days for which a place of residence can be clearly attributed to the animals are taken into account. Animals without a valid birth notification are not considered.

For the calculation of the number of other livestock animals, the average number of livestock kept during the reference period is decisive.

If livestock consuming coarse fodder are moved to summer pastures and communal grazing farms in Switzerland or to traditional alpine pastures in the border zone as referred to in Art. 43 of the Customs Act of March 18, 2005, they are considered in the calculation of the farm's livestock number. A maximum of 180 days is attributable.

If the operator significantly changes the number of livestock kept before May 1 of the contribution year, the canton increases or decreases the stock according to para. 1 and 2 to the actual number kept during the contribution year. The change is significant when the stock of a livestock category is newly introduced, removed, increased, or decreased by more than 50%.

The livestock number for the alpine grazing contribution is calculated in livestock units (LU) in accordance with Art. 39, para. 2 and 3, based on the animals grazed in recognized alpine farms or communal pastures within the national territory.

The livestock number corresponding to the livestock load of alpine farms and communal pastures in Switzerland is calculated in LU according to Art. 39, para. 2 and 3.

Slaughtered cows and the number of calvings are attributed, in accordance with Art. 77, to the farm where they last calved before slaughter. If the last calving took place in an alpine or communal pasture, the cow is attributed to the farm where it was located before the last calving.

The death of a cow counts as a slaughter. The birth of a stillborn animal counts as a calving; the birth of a stillborn does not count as a calving if it is the last birth before slaughter.

The net pasturable area is the area according to Art. 24 OTerm, covered with fodder plants, minus the areas prohibited for grazing as specified in Annex 2, Sec. 1.

The operator must indicate on a map the pasturable areas and the areas prohibited for grazing.

By usual load, it is understood to mean the livestock load established in accordance with sustainable use. The usual load is indicated in LS (Livestock Standard Units).

One LS corresponds to the grazing of one large livestock unit consuming roughage (LLUR) for 100 days.

A maximum grazing period of 180 days is taken into account.

The usual load set based on the ordinance of March 29, 2000, on grazing contributions remains valid as long as no adaptation according to Art. 41 occurs.

For alpine pastures or communal grazing lands used for the first time for grazing, the canton temporarily sets the usual load based on the actual livestock numbers grazed. After three years, it definitively establishes the usual load taking into account the average load of these three years and the requirements for sustainable exploitation.

The canton sets the normal load for each summer grazing enterprise or communal pastures in: a. sheep, excluding dairy ewes, according to the grazing system; b. other animals consuming coarse fodder, excluding bison and deer.

...

When setting the normal load concerning sheep, excluding dairy ewes, the load per hectare of net grazing area listed in Annex 2, ch. 3, must not be exceeded.

If an operational plan exists, the canton refers to the figures contained therein to set the normal load. The limits set in para. 3 must be respected.

The canton adapts the usual stocking of an alpine pasture operation or community pastures if: a. the applicant submits a management plan that justifies a higher stocking level; b. a change in the proportion between sheep and other animals is anticipated; c. changes in land use require it; d. the grazeable land area or its yield has drastically changed following the construction of large photovoltaic installations.

It reduces the usual stocking if: a. the livestock stocking not exceeding the usual stocking has nonetheless caused ecological damage; b. the cantonal measures have not addressed the ecological damage; c. the grazeable land area is significantly reduced, notably due to forest encroachment or bush invasion.

It establishes a new usual stocking when the livestock stocking is for three consecutive years below 75% of the set usual stocking. It considers the average stocking over the last three years and the requirements for sustainable operation.

For the disbursement of contributions from 2024, it adapts the usual livestock stocking for alpine pastures and community pastures keeping sheep, except for dairy ewes, if the average stocking during the reference years 2022 and 2023, calculated based on the UGB coefficients set in sections 3.2 to 3.4 of the annex of the OTerm, exceeds 100% of the previous usual stocking. The new usual stocking corresponds to: a. for operations where the livestock stocking during the reference years was equal to or less than 100% of the usual stocking: this stocking, but calculated with the UGB coefficients set in sections 3.2 to 3.4 of the annex of the OTerm; b. for operations where the livestock stocking during the reference years was more than 100% of the usual stocking: the usual stocking applied until then, multiplied by the average livestock stocking during the reference years, calculated however with the UGB coefficients set in sections 3.2 to 3.4 of the annex of the OTerm, divided by the average livestock stocking during the reference years.

In the case of alpine and community pasture operations where mainly goats are grazed, the canton may, upon request, increase the usual livestock stocking according to Art. 40, para. 1, let. b, based on the difference in stocking between kids and young goats. Para. 3 bis applies by analogy for the calculation.

If, due to force majeure or the presence of large predators, the livestock stocking has been reduced and the operator has reported the events in question according to Art. 106, para. 3, the canton adjusts accordingly the value calculated based on para. 3 bis or 3 ter.

The operator may appeal within 30 days against the adaptation of the usual stocking and request a review of the decision based on a management plan. The plan must be submitted within one year.

The contribution for maintaining an open landscape, staggered according to the zone, is granted per hectare.

No contribution is granted for areas in the lowland zone, hedges, groves, and wooded banks.

The areas must be used in a manner that prevents forest encroachment.

The contribution for sloped areas is paid per hectare for surfaces with the following gradients: a. from 18 to 35%; b. more than 35 to 50%; c. more than 50%.

No contribution is paid for permanent pastures, vineyard areas, hedges, field groves, and wooded banks.

Contributions are only paid if the sloped area is at least 50 ares per farm. Only areas of a farm that form a single contiguous area of at least one are are taken into account.

The cantons calculate the proportion of sloped areas of the farms based on an electronic data set. The FOAG provides the dataset to the cantons and updates it periodically.

The cantons draw up lists by municipality indicating, for each cultivated area with a parcel number, name, or management unit, the extent of areas eligible for contributions and the category of contributions. The cantons ensure these lists are updated.

The contribution for steeply sloping areas is granted per hectare for the areas eligible for contributions pursuant to Art. 43, para. 1, let. b or c.

It is only allocated when these areas constitute at least 30% of the utilized agricultural area (UAA) eligible for the enterprise's contributions.

The contribution for sloped vineyards is allocated for: a. sloped vineyards with a gradient between 30% and 50%; b. sloped vineyards with a gradient of more than 50%; c. terraced vineyards with a natural gradient of more than 30%.

The criteria governing the delineation of terraced perimeters are set out in Annex 3.

If a contribution is granted for terraced vineyards, no contribution for sloped vineyards will be awarded for the same area.

Contributions are only provided if the sloped vineyard area is at least 10 ares per farm. Only the areas of a farm with a continuous surface of at least one are are considered.

The cantons determine the terraced areas in a wine region for which contributions are granted.

They establish lists in accordance with Art. 43, para. 5.

The contribution for alpine pasture is granted by NP for the summer grazing of animals consuming coarse fodder, with the exception of bison and deer, within a recognized summer grazing operation or communal pastures located on national territory.

The summer grazing contribution is paid for the summer grazing of animals that consume coarse fodder, with the exception of bison and deer, in a recognized summer pasture or community pasture operation located on national territory.

The following categories are established

a. sheep, except dairy ewes, under constant supervision by a shepherd, per livestock unit (LU);

b. sheep, except dairy ewes, in the case of rotational grazing, per LU;

c. sheep, except dairy ewes, in the case of "other pastures," per LU;

d. other animals consuming coarse fodder, per LU;

e. ...

...

For dairy cows, dairy sheep, and dairy goats, an additional contribution is granted, in addition to the contribution referred to in Art. 47, para. 2, let. d, for milk production.

For animals kept on summer pastures or communal grazing lands, an additional contribution is granted, in addition to the contribution referred to in Art. 47, for the implementation of individual herd protection measures.

The additional contribution is granted for the following categories: a. sheep, except dairy ewes, in cases of permanent monitoring by a shepherd or in the case of rotational grazing; b. dairy ewes; c. goats; d. cattle and Asiatic buffaloes up to the age of 365 days.

The additional contribution is granted if the following conditions are met: a. the protection measures referred to in Art. 10 quinquies of the Hunting Ordinance of 29 February 1988 are implemented; b. an individual herd protection strategy is applied; c. all animals belonging to a category referred to in para. 2 are protected in accordance with the herd protection strategy.

The herd protection strategy must demonstrate which measures and technical and operational arrangements make it possible to protect one or more categories of animals against large predators during the summer grazing period. It must be approved by the canton. The canton ensures that the strategy is properly implemented.

The requirements that different grazing systems for sheep must meet are outlined in Annex 2, sec. 4.

The summer pasture contribution is granted based on the usual livestock load (Art. 39) that has been determined.

When the livestock load significantly differs from the established usual load, the summer pasture contribution is adjusted as follows

a. The contribution is reduced by 25% when the livestock load in LU exceeds the usual load by 10 to 15%, but by at least two LU;

b. No contribution is granted when the livestock load in LU exceeds the usual load by more than 15%, but by at least two LU;

c. When the livestock load is more than 25% lower than the usual load in LU, the contribution is calculated based on the actual load.

The additional contributions referred to in Art. 47 a and 47 b are determined for the actual livestock load in LU.

The basic contribution is paid per hectare and staggered according to the surface area. For permanent grassland areas used as biodiversity promotion areas within the meaning of Art. 55, para. 1, let. a, b, c, d, or g, a reduced basic contribution is paid. No contribution is paid for areas allocated to crops that do not contribute to maintaining the production capacity of foodstuffs. The basic contribution for permanent grassland areas is only paid if the minimum livestock density according to Art. 51 is reached. If the total number of livestock consuming roughage on the farm is below the minimum required based on the entire permanent grassland area, the contribution for the permanent grassland areas is determined proportionally.

The minimum livestock load per hectare of permanent grassland is as follows: a. Plain zone 1.0 LSUFG; b. Hill zone 0.8 LSUFG; c. Mountain zone I 0.7 LSUFG; d. Mountain zone II 0.6 LSUFG; e. Mountain zone III 0.5 LSUFG; f. Mountain zone IV 0.4 LSUFG.

The minimum livestock load for permanent grassland areas managed as biodiversity promotion areas is 30% of the minimum livestock load provided in para. 1.

The contribution for production under difficult conditions, staggered according to the zone, is allocated per hectare for surfaces located in mountain and hill regions.

No contribution is granted for surfaces dedicated to crops that do not serve to maintain the production capacity of foodstuffs.

The contribution for production under difficult conditions is only granted for permanent grassland surfaces if the minimum livestock density referred to in Art. 51 is met. If the total number of livestock consuming roughage on the farm is smaller than the required minimum livestock density based on the entire permanent grassland area, the contribution for permanent grassland surfaces is set proportionally.

The contribution for open land and perennial crops is paid per hectare.

No contribution is paid for areas dedicated to crops that do not serve to maintain the production capacity of foodstuffs.

If direct payments from the European Union (EU) are granted for areas traditionally cultivated in the foreign border zone, the contributions to supply security are reduced accordingly. The direct payments from the EU granted for the previous year are decisive for the calculation of the deduction.

The biodiversity contribution is granted per hectare for the following biodiversity promotion areas, either owned or leased: a. extensive meadows; b. low-intensity meadows; c. extensive pastures; d. wooded pastures; e. litter areas; f. hedges, field copses, and wooded banks; g. riparian meadows; h. floral fallows; i. rotational fallows; j. extensive cultural strips; k. field borders on cultivated lands; l. ... m. ... n. vineyard areas with natural biodiversity; o. species-rich meadow areas and litter areas in the summering region; p. ... q. ...

The biodiversity contribution is granted per standard fruit tree, either owned or leased.

For the areas mentioned in paragraph 1, letters a, b, and e, the contributions are staggered by zones.

For the following areas, contributions are only granted in the following zones and regions: a. areas referred to in paragraph 1, letters h and i: plain zone and hill zone; b. areas referred to in paragraph 1, letter k: plain zone, hill zone, and mountain zones I and II; c. areas referred to in paragraph 1, letter o: summering region and summering areas in the plain and mountain regions.

Contributions may be allocated for areas where research and trials are carried out to improve the quality of biodiversity promotion areas.

Areas subject to nature protection constraints under Arts. 18a, 18b, 23c, and 23d of the Nature Protection Act, for which no agreement with operators or landowners for fair compensation has been concluded, do not qualify for contributions.

Areas used for agricultural machinery maneuvers during the operation of neighboring areas do not qualify for contributions.

If an area referred to in paragraph 1, letter a, includes fertilized trees, the area determining the contribution is reduced by one are per affected tree. Standard fruit trees, at the foot of which manure or compost can be deposited up to the 10th year following their planting, are exempt.

Contributions referred to in paragraph 1, letter o, are limited based on the actual livestock load.

Contributions for Quality Level I are granted for areas promoting biodiversity according to Art. 55, para. 1, let. a to k and q, and for trees referred to in Art. 55, para. 1 bis, let. a.

If more extensive requirements are met, contributions for Quality Level II are granted in addition to contributions for Quality Level I for the areas referred to in Art. 55, para. 1, let. a to f, n, and o, as well as for the trees referred to in Art. 55, para. 1 bis, let. a.

...

The operator is required to manage the biodiversity promotion areas referred to in Art. 55, para. 1, in accordance with the requirements for the following durations: a. ... b. rotational fallows, for at least one year; c. floral fallows, extensive farming strips, and edge strips on arable land: for at least two years; cbis. ... d. all other surfaces: for at least eight years.

The operator is required to manage the trees referred to in Art. 55, para. 1 bis, in accordance with the requirements for the following duration: a. standard fruit trees of quality level I: for at least one year; b. standard fruit trees of quality level II: for at least 8 years.

The cantons may grant an operator a shorter minimum period when they have developed an area of the same extent or the same number of trees elsewhere, thereby contributing better to biodiversity or the protection of natural resources.

Regarding the biodiversity promotion areas referred to in para. 1, let. d, and the trees referred to in para. 1 bis, let. b, the canton may harmonize the commitment durations of the contributions for quality levels I and II with those of the regional biodiversity and landscape quality contribution referred to in Art. 78, when they are granted for the same surface or for the same trees.

The contribution is granted when the requirements necessary to meet Quality Level I as specified in Annex 4 are fulfilled.

No fertilizers may be spread on biodiversity promotion areas. Fertilization according to Annex 4 is permitted on low-intensity meadows, extensive pastures, wooded pastures, extensive arable strips, vineyards with natural biodiversity, and biodiversity promotion areas in the summer pasturing region. Fertilization is permitted for high-stem fruit trees.

Efforts must be made to control problematic plants such as dock, thistle, ragwort, or invasive neophyte plants; it is especially important to prevent their spread.

No plant protection products are to be used on biodiversity promotion areas. The following treatments are permitted: a. plant-by-plant or focal treatments for problematic plants, if reasonable mechanical control is not possible; with the exception of litter areas and areas where the use of plant protection products is prohibited; b. treatments with plant protection products on wooded pastures with the agreement of the cantonal forestry authority and only in compliance with the prohibitions and use restrictions in force; c. treatments with plant protection products on vineyards with natural biodiversity according to Annex 4, section 14.1.4; d. treatments with plant protection products on high-stem fruit trees as specified in Annex 1, section 8.1.2, let. b; e. ...

Mowing products from biodiversity promotion areas must be removed, except for those from field margins on arable land, flowering fallows, rotational fallows, and vineyards with natural biodiversity.

Small structures may be arranged for reasons related to nature protection, or as part of regional biodiversity promotion and landscape quality projects mentioned in Art. 79.

The use of stone crushers is prohibited. The shredding of grass is only allowed on field margins on arable land, flowering fallows, rotational fallows, vineyards with natural biodiversity and at the base of trees located on biodiversity promotion areas, as well as on herb-rich and litter-rich areas in the summer pasturing region, in accordance with the provisions of Art. 29, paragraphs 4 to 8.

...

For areas whose use and protection are subject to a written agreement with the cantonal service under the Federal Act on the Protection of Nature and Cultural Heritage (LNCH), prescriptions can be set that replace those mentioned in paragraphs 2 to 8 and in Annex 4.

To combat problematic plants through mechanical means, the canton may authorize grazing or exceptions to operating requirements.

For the sowing of biodiversity promotion areas referred to in Art. 55, para. 1, let. h, i, and k, only seed mixtures appropriate for the relevant biodiversity promotion area as specified in Annex 4a, let. B, may be used.

The FOAG defines the appropriate seed mixtures for biodiversity promotion areas in Annex 4a, let. B. In doing so, it considers the ecological and agronomic utility, risks, and method according to the criteria of Annex 4a, let. A. The weighting of the criteria is based on the intended objective and the area of use.

The composition of the appropriate seed mixtures is published by the FOAG on January 1st of each year.

The FOAG may authorize modifications to the composition of seed mixtures intended for use in certain agricultural operations, particularly to better promote biodiversity or to avoid problems in crop rotation.

For the sowing of biodiversity promotion areas referred to in Art. 55, para. 1, let. a to e, g, and o, preference must be given to local hay flowers or hay seeds obtained by threshing from long-standing permanent meadows over standardized seed mixtures.

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.

The contribution for organic farming is provided as a contribution in favor of production methods that encompass the entire operation.

For production methods concerning part of the operation, the following are provided: a. the following contributions for the non-use of plant protection products: 1. the contribution for the non-use of plant protection products in large-scale crops, 2. the contribution for the non-use of insecticides and acaricides in vegetable and small fruit crops, 3. the contribution for the non-use of insecticides, acaricides, and fungicides in perennial crops after flowering, 4. the contribution for operating surfaces of perennial crops using inputs compliant with organic farming, 5. the contribution for the non-use of herbicides in large-scale crops and special crops; b. the contribution for functional biodiversity in the form of a contribution for seeding strips for beneficial organisms; c. the following contributions for the improvement of soil fertility: 1. the contribution for appropriate soil cover, 2. the contribution for soil-preserving farming techniques in main crops on rotated lands; d. the contribution for climate measures in the form of a contribution for efficient nitrogen use in large-scale crops; e. the contribution for the production of milk and meat based on pastures;

For production methods particularly respectful of animals, the following are provided: a. the following contributions for animal welfare: 1. the contribution for animal-friendly housing systems (SST contribution), 2. the contribution for regular outdoor access (SRPA contribution), 3. the contribution for a particularly high share of outdoor access and grazing for animal categories of cattle and Asian buffaloes (grazing contribution); b. the contribution for a longer productive lifespan of cows.

The contribution for organic farming is disbursed per hectare and staggered according to the following types of use: a. special crops; b. open land used for productions other than special crops; c. other areas eligible for contributions.

The requirements set forth in Art. 3, 6 to 16h, and 39 to 39h of the Ordinance of September 22, 1997 on Organic Farming must be met.

Operators who abandon organic farming will only be eligible for contributions to organic farming again two years after ceasing this activity.

The contribution for the non-use of plant protection products in arable crops is paid per hectare for main crops on open land and phased for the following crops: a. rapeseed, potatoes, field-grown preserved vegetables, and sugar beets; b. bread wheat, durum wheat, feed wheat, rye, spelt, oats, barley, triticale, dryland rice, emmer, and einkorn, as well as mixtures of these cereals, flax, sunflowers, grain peas, beans and vetches, lupins, chickpeas, as well as mixtures of grain peas, beans, and vetches, lupins, and chickpeas with cereals or camelina.

No contribution is paid for: a. corn; b. ensiled cereals; c. special crops; d. biodiversity promotion areas referred to in Art. 55; e. crops in which insecticides and fungicides must not be used pursuant to Art. 18, para. 1 to 5.

From sowing to harvest of the main crop, cultivation must be carried out without resorting to the following plant protection products containing chemical substances listed in Annex 1, Part A, OPPh, which have the following types of action: a. plant growth regulator; b. fungicide; c. natural defense stimulators; d. insecticide.

By way of derogation from para. 3, the following treatments are authorized: a. the use of chemical substances according to Annex 1, Part A, OPPh, whose type of action exerted is "low-risk substance"; b. seed treatment; c. in rapeseed cultivation, the use of kaolin-based insecticides to control the rapeseed pollen beetle; d. the use of fungicides in potato cultivation; e. the use of paraffin oil in the cultivation of potato seed plants.

The requirements of para. 3 must be met for each main crop throughout the operation.

The contribution for feed wheat is paid when the variety of wheat cultivated is registered in the list of recommended varieties for feed wheat by Agroscope and Swiss Granum.

Upon request, cereals intended for seed production and approved under the implementation ordinance related to the ordinance of December 7, 1998, on propagation material may be exempted from the requirement set out in para. 3. Operators notify the relevant cantonal service of the areas and main crops concerned.

The contribution for the non-use of insecticides and acaricides in vegetable and small fruit crops is granted per hectare for annual field-grown vegetable crops and annual small fruit crops.

No contribution is granted for field-grown preserved vegetables.

The cultivation must be carried out without the use of insecticides and acaricides containing chemical substances listed in Annex 1, Part A, OPPh, having an insecticidal or acaricidal mode of action.

The requirements of para. 3 must be respected for one year on a given area.

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."

The contribution for the operation of permanent crops using inputs complying with organic agriculture is granted 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 the cultivation of small fruits; d. in permaculture.

No contribution is granted for areas for which a contribution is provided under Art. 66.

Only phytosanitary products and fertilizers approved under the Ordinance of September 22, 1997, on Organic Agriculture are permitted for cultivation.

The requirements stated in para. 3 must be met on an area for four consecutive years, unless the operation is converting to organic agriculture in accordance with the Ordinance on Organic Agriculture.

The contribution for an operation is granted for a maximum of eight years.

The contribution for the non-use of herbicides in arable and special crops is paid per hectare and is staggered for the following main crops: a. rapeseed, potatoes, and field-grown processing vegetables; b. special crops excluding tobacco and chicory roots; c. main crops of other open fields.

No contribution as per para. 1 is granted for: a. biodiversity promotion areas according to Art. 55, with the exception of viticultural areas with natural biodiversity; b. sown strips for beneficial organisms in open fields according to Art. 71b, para. 1, letter a; c. mushroom cultivation; d. areas cultivated year-round under shelter.

On the entire area, no herbicides should be used, under the following conditions: a. regarding the main crops referred to in para. 1, letter a and c: 1. on all operational areas designated for the declared main crop, and 2. between the harvest of the previous main crop and the harvest of the crop eligible for contributions; b. concerning the special crops referred to in para. 1, letter b, as follows: 1. for perennial crops: on the cultivated area for four consecutive years, 2. for annual field-grown vegetable crops, annual small fruit crops, and annual aromatic and medicinal plant crops: on the cultivated area for one year.

The use of herbicides is permitted in: a. perennial crops: in case of targeted treatment with foliar herbicide directly around the vine or tree trunk; b. crops referred to in para. 1, excluding perennial crops, sugar beets, and potatoes: 1. in case of plant-by-plant treatment, and 2. in case of row treatment (band treatment) from sowing on a maximum of 50% of the surface; c. in sugar beets: 1. in case of plant-by-plant treatment, and 2. in case of band treatment from sowing on a maximum of 50% of the surface or from sowing until the 4-leaf stage; d. in potatoes: 1. in case of plant-by-plant treatment, 2. in case of band treatment from sowing on a maximum of 50% of the surface, and for the removal of haulm.

The contribution for functional biodiversity is granted per hectare in the form of a contribution for sown strips for beneficial organisms, in plains and hill regions, and is staggered according to: a. sown strips for beneficial organisms in open fields; b. sown strips for beneficial organisms in the following perennial crops: 1. vine, 2. fruit cultivation, 3. small fruit cultivation, 4. permaculture.

Regarding sown strips for beneficial organisms in perennial crops, contributions are granted only for 5% of the surface of the perennial crop.

No contribution is granted for the sown strips for beneficial organisms referred to in para. 1, letter b, on vineyard surfaces presenting natural biodiversity pursuant to Art. 55, para. 1, letter n.

Sown strips for beneficial organisms must be sown before May 15.

For sowing the strips for beneficial organisms, only seed mixtures suitable for the field of use referred to in Annex 4a, letter B, may be used.

The FOAG defines the seed mixtures for the sown strips for beneficial organisms in Annex 4a, letter B. In doing so, it considers the ecological and agronomic utility, risks, and method in accordance with the criteria of Annex 4a, letter A. The weighting of the criteria is based on the intended objective and field of use.

The composition of suitable seed mixtures is published by the FOAG on January 1 of each year.

The FOAG can authorize changes in the composition of seed mixtures intended for use on certain agricultural operations, notably to better promote biodiversity or to avoid crop rotation problems.

Sown strips for beneficial organisms must be sown as follows: a. sown strips on open fields: with a width of 3 to 6 meters; b. sown strips in perennial crops: between the rows.

They must be sown with the following frequency: a. sown strips on open fields: 1. annual sown strips: every year, 2. multi-annual sown strips: every five years; b. sown strips in perennial crops: every five years.

If the location permits, the canton may authorize an extension of the multi-annual sown strips for beneficial organisms located on the same site.

Sown strips for beneficial organisms must cover: a. sown strips on open fields: the entire length of the crop, for at least 100 days without mowing; b. sown strips in perennial crops: at least 5% of the surface of the perennial crop, at the same location for four consecutive years.

Fertilization and the use of plant protection products are not allowed in the sown strips for beneficial organisms. Only plant-by-plant treatments or treatments of problematic plant foci are admitted: a. sown strips for beneficial organisms on open fields: using herbicides allowed on the basis of the OPP for use on biodiversity promotion surfaces on open fields; b. sown strips for beneficial organisms in perennial crops: using all herbicides authorized in arboriculture and viticulture on the basis of the OPP.

Only the insecticides specified in the Ordinance of September 22, 1997, on Organic Agriculture, excluding Spinosad, may be used in perennial crops, between May 15 and September 15, in the rows where a sown strip for beneficial organisms is established.

Only the sown strips for beneficial organisms in perennial crops can be traversed by vehicles.

Sown strips for beneficial organisms can be mowed as follows: a. multi-annual sown strips on open fields: starting from the 2nd year on a maximum of half the surface between October 1 and March 1; b. sown strips in perennial crops: alternating on half the surface, with the interval between two mowings of the same surface being at least six weeks.

The sown strips for beneficial organisms in perennial crops can be mowed and chopped.

A cleaning cut is permitted during the first year in case of strong weed pressure.

The contribution for adequate soil coverage is granted per hectare for: a. the following main crops on open land: 1. annual field vegetable crops, excluding field-grown processed vegetables, annual berry crops, as well as annual aromatic plants and medicinal plants, 2. other main crops on open land; b. the vineyard.

The contribution for main crops on open land is awarded: a. for the main crops referred to in para. 1, let. a, no. 1: if at least 70% of the area concerned in the entire farm is covered at all times by a crop or an intercrop; b. for the main crops referred to in para. 1, let. a, no. 2, harvested before 1 October: if, on at least 80% of the corresponding area: 1. within seven weeks after the harvest of the main crop, another crop, an autumn crop, an intercrop or green manure is established, undersown crops being considered as crops, and 2. no soil work is carried out on the areas referred to in para. 2, let. b, no. 1, until 15 February of the following year, with exceptions for areas declared under art. 71d, para. 2, let. a, no. 2, or on which an autumn crop will be established.

The contribution for the vineyard is granted if all vineyard areas of the farm are grass-covered by at least 70%, except for young cultures up to the third year following planting.

The contribution for soil-preserving cultivation techniques in main crops on tilled lands is granted per hectare for cultivation techniques in cases of direct seeding, strip-till, or under mulch seeding.

The contribution is granted: a. if the following conditions are met: 1. direct seeding: a maximum of 25% of the soil surface is tilled during seeding, 2. strip-till or band seeding: a maximum of 50% of the soil surface is tilled before or during seeding, 3. under mulch seeding: tillage without plowing; b. ... c. if the area qualifying for the contribution represents at least 60% of the open land area of the operation, excluding the areas referred to in Art. 55, para. 1, let. h, i, and k; d. if, between the harvest of the previous main crop and the harvest of the crop qualifying for contributions, the areas are not plowed, and e. if the use of glyphosate does not exceed 1.5 kg of active substance per hectare.

Plowing to control weeds is permitted in preparing the seedbed for under mulch seeding, provided that: a. the tillage does not exceed a depth of 10 cm, and b. no herbicides are used from the harvest of the previous main crop to the harvest of the main crop qualifying for contributions.

No contribution is granted for the establishment: a. of temporary meadows by under mulch seeding; b. of intercrops; c. of wheat or triticale crops following corn.

...

The contribution for climate measures is paid per hectare in the form of a contribution for the efficient use of nitrogen on arable land.

It is granted to farms if one of the following conditions is met: a. a balance calculated using the "Suisse-Bilanz" method referred to in Annex 1, ch. 2.1.1, shows that the nitrogen input across the entire farm does not exceed 90% of the crops' requirements; b. the farm is exempt from calculating the fertilization balance under Annex 1, ch. 2.1.9; c. the simplified fertilization balance referred to in Annex 1, ch. 2.1.9a to 2.1.9c, indicates a nitrogen value in LU per hectare of fertilizable area that does not exceed 90% of the limit value listed in Annex 1, ch. 2.1.9 a.

Farms that achieve the balanced fertilization balance referred to in Art. 13 within the framework of an inter-enterprise agreement in accordance with Art. 22, para. 1 or 2, let. a, may also meet the conditions set out in para. 2 within the framework of an inter-enterprise agreement.

The contribution for grass-based milk and meat production is paid per hectare of grassland area.

The contribution is granted when at least 90% of the dry matter (DM) in the annual diet of all non-dairy livestock consuming roughage, as per Art. 37, paragraphs 1 to 4, consists of basic fodder as defined in Annex 5, section 1. Furthermore, the annual diet must consist of the following minimum shares of fresh, dry, or ensiled roughage from meadows and pastures, according to Annex 5, section 1: a. in the lowland region: 75% of the DM; b. in the mountain region: 85% of the DM.

Basic fodder from cover crops may be counted in the diet as meadow fodder, up to a maximum of 25 dt DM per hectare and per use.

The contribution for permanent grassland and temporary meadows is only granted when the minimum livestock density is reached. The minimum livestock density is calculated based on the values mentioned in Art. 51. If the total number of non-dairy livestock consuming roughage on the farm is less than the minimum required livestock density based on the entire grassland area, the contribution for grassland is set proportionally.

The requirements for compliance by the farm, documentation, and controls are set out in Annex 5, sections 2 to 4.

Animal welfare contributions are granted per LU (Livestock Unit) and by category of animals.

The contribution for a category of animals is granted if all animals belonging to that category are kept in accordance with the requirements specified in Articles 74, 75, or 75a, as well as the corresponding requirements in Annex 6.

No SRPA (Specific Rural Policy Area) contribution referred to in Article 75 is granted for categories of animals for which a pasturing contribution referred to in Article 75a is paid.

If one of the requirements mentioned in Articles 74, 75, or 75a or in Annex 6 cannot be fulfilled due to a measure ordered by the authorities or a temporary therapeutic treatment prescribed in writing by a veterinarian, the contributions are not reduced.

If, on January 1st of the contribution year, an operator cannot meet the requirements for a category of animals newly registered for an animal welfare contribution, the canton shall pay 50% of the contributions to the operator upon request, provided that the operator meets the requirements no later than July 1st.

Contributions to animal welfare concern the following categories of animals: a. Categories concerning cattle and Asian buffaloes: 1. dairy cows, 2. other cows, 3. female animals, over 365 days at first calving, 4. female animals, from over 160 to 365 days, 5. female animals, up to 160 days, 6. male animals, over 730 days, 7. male animals, from over 365 days to 730 days, 8. male animals, from over 160 days to 365 days, 9. male animals, up to 160 days; b. Categories concerning equines: 1. females and castrated males, over 900 days, 2. stallions, over 900 days, 3. young equines, up to 900 days; c. Categories concerning goats: 1. female animals, over 365 days, 2. male animals, over 365 days; d. Categories concerning sheep: 1. female animals, over 365 days, 2. male animals, over 365 days; e. Categories concerning swine: 1. breeding boars, over 6 months, 2. non-lactating breeding sows, over 6 months, 3. lactating breeding sows, 4. weaned piglets, 5. replacement pigs, up to 6 months, and fattening pigs; f. Rabbits: 1. does with at least four litters per year, including young rabbits up to about 35 days, 2. young animals, age: about 35 to 100 days; g. Categories concerning domestic poultry: 1. hens and roosters for hatching egg production, 2. hens for consumption egg production, 3. young hens, young roosters, and chicks for egg production, 4. broiler chickens, 5. turkeys; h. Wild animals: 1. deer, 2. bison.

Animal welfare systems are defined as multi-space systems that are fully or partially covered: a. where animals are kept in groups, without being restrained; b. where animals have access to resting, movement, and activity opportunities that are adapted to their natural behavior; c. that have natural light with an intensity of at least 15 lux; in resting or refuge areas, including nests, lower lighting is permitted. The animal welfare contribution is granted for the categories of animals mentioned in Art. 73, letter a, nos. 1 to 4 and 6 to 8, b, no. 1, c, no. 1, e, nos. 2 to 5, f, and g. For the categories of animals mentioned in Art. 73, letter g, no. 4, the animal welfare contribution is granted only if all the animals are fattened for a minimum of 30 days.

A regular outdoor outing is understood as access to an open-air area according to the specific rules mentioned in Annex 6, letter B. The SRPA contribution is granted for the categories of animals referred to in Art. 73, letters a to e, g, and h. On the days when they have access to pasture in accordance with Annex 6, letter B, the animals belonging to the categories referred to in Art. 73, letters b to d, and h must be able to meet a substantial part of their daily dry matter needs with forage from the pasture. For the categories of animals referred to in Art. 73, letter g, number 4, the SRPA contribution is only granted if all the animals are fattened for a minimum of 56 days.

A particularly high share of outings and pasturing is understood to mean access to an open-air area in accordance with the specific rules mentioned in Annex 6, letter C.

The contribution to pasturing is granted for the animal categories referred to in Art. 73, letter a.

On days when they have access to pasture in accordance with Annex 6, letter C, sec. 2.1, letter a, the animals must be able to cover a very high portion of their daily dry matter needs with forage from pasturing.

The contribution is only granted if outings according to Art. 75, para. 1 are provided to all animals in the categories referred to in Art. 73, letter a, for which no contribution to pasturing is paid.

Cantons grant exceptions relating to an individual operation as per Annex 6, let. A, sec. 7.10, and B, sec. 1.7 and 2.6, in writing.

Exceptions for an individual operation are granted for a maximum of five years.

They include: a. a precise description of the exception granted in relation to the corresponding provision of the ordinance; b. the justification for the exception; c. the duration of validity.

The canton cannot delegate the authority to grant an exception to third parties.

It maintains a list of granted exceptions.

Within the framework of projects aimed at testing alternative regulations for the development of provisions concerning contributions to animal welfare, it is possible to deviate from certain requirements stipulated in Arts. 74 and 75 and in Annex 6, provided that the regulations are at least equivalent in terms of animal welfare and that the project is subject to scientific monitoring.

Deviations require the authorization of the FOAG.

The contribution for a longer productive lifespan of cows is granted per livestock unit (LU) and per animal category according to Art. 73, let. a, sec. 1 and 2.

The amount of contributions is staggered by animal category based on the average number of calvings per cow that has been slaughtered during the preceding three calendar years.

No contribution is granted

a. for dairy cows: if there are fewer than three calvings on average;

b. for other cows: if there are fewer than four calvings on average.

The Confederation supports cantonal projects that promote the networking of areas supporting biodiversity and the implementation of other measures to promote biodiversity, aimed at preserving, promoting, and developing the diversity of cultivated landscapes.

It grants its support to a project provided that the canton grants contributions to operators for agreed measures to promote regional biodiversity and landscape quality, and that the operators implement them on the area of the operation as defined in Art. 13 of the Ordinance on Terms (OTerm) or on a summering area as defined in Art. 24 OTerm, which they own or lease.

Contributions may be allocated for areas where research or trials are conducted to improve regional biodiversity or landscape quality.

The canton determines the rates of contributions allocated per measure.

The Confederation covers up to 90% of the contributions set by the canton in accordance with para. 3, but no more than the amounts referred to in Annex 7, sec. 5a.

The federal contribution is paid annually.

Cantonal projects must meet the following requirements: a. the objectives in the field of landscape quality should enhance regional landscape features in accordance with cantonal technical foundations and create specific incentives favoring exceptional landscapes; b. the quantitative objectives for areas and quality in the field of regional biodiversity must be based on cantonal technical foundations; c. contributions are determined based on the cost and value of the measure; d. target species and characteristic species are defined, and the measures take into account the promotion of these species; e. the management, targeted and in compliance with the objectives for the protection of biotopes listed in national and regional inventories according to Articles 18a and 18b LPN is ensured.

By the fourth year of the project at the latest, the cantons must offer individual technical advice or its equivalent for the implementation of measures.

The canton develops the project in collaboration with the concerned parties.

It submits the applications for authorization and funding of the project to the FOAG.

The application must be submitted within the following deadlines: a. project draft: at the latest by October 31 of the year preceding the submission of the application; b. application: at the latest by June 30 of the year preceding the planned start of the project.

Projects promoting regional biodiversity and landscape quality last eight years. The canton may align the commitment durations with those of the quality levels I and II contributions referred to in Art. 57, when they are granted for the same area or same trees. The operator must implement the annual measures until the project's term.

The cantons may request additional measures throughout the project's duration. The canton monitors the project's progress and undertakes necessary adjustments.

For the areas entitled to contributions for regional biodiversity and landscape quality, the canton may: a. set regulations deviating from the requirements of quality level I if the target species require it; b. authorize other small structures that will be counted towards the maximum share referred to in Art. 35, para. 2.

In the last year of the project's duration, the canton submits an evaluation report to the FOAG for each project by June 30 at the latest, accompanied, if applicable, by a request for a subsequent project.

If an operator receives contributions under a resource sustainable use program referred to in Arts. 77a and 77b of the Agriculture Act (AgrA), no production system contributions or resource-efficient use contributions are granted for the same measure.

The contribution rates referred to in Art. 2, let. a to f, are set out in Annex 7.

Operators of agricultural enterprises are entitled to the contributions referred to in Art. 2, let. a, ch. 1 to 5, and b to g, but not to the area contributions referred to in Art. 55, para. 1, let. o.

Operators of alpine farms and communal pastures are entitled to the contributions referred to in Art. 2, let. a, ch. 6, and d, and to the area contributions referred to in Art. 55, para. 1, let. o.

The transitional contribution is granted to agricultural enterprises that have been operated without interruption since May 2, 2013.

The transitional contribution corresponds to the base value set for the operation under Art. 86, multiplied by the coefficient referred to in Art. 87.

The base value is established once and for all for each agricultural holding. It corresponds to the difference between the general direct payments before the system change and the contributions to the cultivated landscape and contributions to supply security, excluding the summering contribution, in accordance with this ordinance.

The years 2011 to 2013 serve as a reference for calculating the general direct payments before the system change. Consideration is given to the year during which the holding received the highest amount of general direct payments. The scaling of contributions based on the surface area and number of animals is also taken into account.

The calculation of contributions to the cultivated landscape and supply security contributions takes into account the agricultural surfaces and livestock numbers that entitle the holding to contributions according to the reference year as defined in para. 2, and the contribution rates applied in 2014, in accordance with Annex 7.

The contributions to supply security are credited whether the minimum livestock density in accordance with Art. 51 is met or not.

The coefficient is calculated based on the sum of the base values of all agricultural holdings and the funds available for direct payments, after deduction of expenses pursuant to Arts. 71 to 76, 77a, and 77b of the Agriculture Act and Art. 62a of the Federal Act of January 24, 1991, on the Protection of Waters.

The Federal Office for Agriculture (FOAG) determines the coefficient.

When an operator takes over a farm, the transition contribution is calculated based on the base value applied until now.

If an active operator acquires an additional holding, in addition to their own, the transitional contribution is calculated based on the higher of the two base values.

If an active operator acquires parts of another holding, in addition to their own holding, the transitional contribution is calculated based on the current base value of their own holding.

When establishing a farming community, or merging several farms to form a single entity, the transitional contribution is calculated based on the baseline values of the farms concerned, provided that the operators continue to work as co-operators in the farm or farming community. The baseline values of the concerned farms are summed.

If an agricultural operation or an agricultural community is divided, a transitional contribution is granted for each newly created and recognized operation. The base value of the original operation or community is distributed according to the area of the newly recognized operations.

If a community of operations or a merged operation that has existed for less than five years is divided, the transitional contribution is distributed according to the operations as they existed at the time of the merger.

If a co-operator withdraws from a merged farm or a farming community, the base value does not change, provided he or she has been a co-operator for at least five years prior. Otherwise, the base value is reduced proportionately to the number of co-operators.

When a farm reduces its SOUs by 50% or more, the transitional contribution is reduced in the same proportion. The SOUs from the year that was used to calculate the base value within the meaning of Art. 86, para. 2, are used as a reference.

The transitional contribution is reduced starting from a determining income of 80,000 francs. The determining income is the taxable income calculated according to the Federal Law of 14 December 1990 on Direct Federal Tax, less a deduction of 50,000 francs for married operators.

The reduction is equivalent to 20% of the difference between the operator's determining income and the amount of 80,000 francs.

If the beneficiary is a partnership, the reduction is applied proportionately to the number of persons concerned by the excess of determining income.

Operators as defined in Art. 4, paras. 5 and 6, do not undergo reductions.

By relevant wealth, it is meant the taxable wealth, after deduction of 270,000 francs per UMOS and 340,000 francs for married operators.

The transition contribution is reduced from a relevant wealth of 800,000 francs up to a relevant wealth of 1 million francs. The reduction amounts to 10% of the difference between the operator's relevant wealth and the amount of 800,000 francs.

An operator whose relevant wealth exceeds 1 million francs is not entitled to a transition contribution.

If the right-holder is a partnership, the reduction is carried out proportionally to the number of persons concerned by the exceeding of the relevant wealth.

The decisive factors are the values from the last two fiscal years for which a final taxation has been established and has come into force no later than the end of the contribution year. If these date back more than four years, provisional taxation will be used. The amount of the transitional contribution is verified as soon as the taxation has come into force. With regard to the deduction applied to married operators, the marital status during the considered fiscal years is decisive.

For the planned coordination of inspections in accordance with the Ordinance of October 31, 2018, on the Coordination of Inspections in Agricultural Holdings (OCCEA), the operator shall submit, no later than August 31 of the year preceding the contribution year, the registration to the authority designated by their canton of residence or, in the case of legal entities, to the authority designated by their canton of establishment, for: a. the PER; b. the biodiversity contribution; c. the production system contribution; d. ...

Upon registration, the operator must choose a control body according to Art. 7 OCCEA for the inspection of the PER.

Cantons may set a later deadline for the registrations mentioned in para. 1 if the coordinated planning of inspections is ensured and the deadline for the transmission of data mentioned in Art. 4, para. 1, let. c, of the Ordinance of October 23, 2013, on Information Systems in the Field of Agriculture (OSIAgr) is respected.

Direct payments are only granted upon application.

The application must be submitted to the authority designated by the canton of domicile or, in the case of legal entities, to the authority designated by the canton of establishment, by the operator: a. of an operation within the meaning of Art. 6 OTerm or a community of operations within the meaning of Art. 10 OTerm that manages its business on January 31; b. of an summer-grazing operation or community pastures that manages its business on July 25.

If the operation, summer-grazing operation, or community pastures is not located in the canton of the domicile or the seat of the operator, the concerned cantons can agree that the application be submitted in the canton where the operation center, summer-grazing operation, or community pastures is located. This canton takes full responsibility for the execution.

The application must include in particular the following information: a. the types of direct payments mentioned in Art. 2 that are being requested; b. probable data on the operation and structures as of May 1, in accordance with the OSIAgr; c. ... d. for contributions in the summer grazing region: 1. the category and number of summer-grazed llamas and alpacas, 2. the date of ascent to the pasture, 3. the probable date of descent, 4. any changes to the usable pasture area, 5. species-rich grassland and litter areas in the summer grazing region; e. the necessary information for the calculation of contributions to the production system; f. changes in areas and the address of the operations involved in these transfers, indicating the name of the former and the new operator; g. direct payments from the European Union received the previous year for areas traditionally exploited in the foreign border area.

At the request of the canton, operators of agricultural enterprises with areas traditionally exploited in the foreign border area must produce a certificate from the official foreign service responsible for payment, indicating the amount of direct payments granted by the EU.

The operator confirms, in the application and in the survey forms, the accuracy of the indicated data. Confirmation can be made by manual signature or by electronic signature, according to the canton’s instructions.

The canton decides: a. whether the application must be submitted on paper or electronically; b. whether applications submitted electronically can be provided with a qualified electronic signature within the meaning of Art. 2, let. e, of the Electronic Signature Act of 18 March 2016.

Applications for direct payments, with the exception of contributions in the summering region and the contributions referred to in Art. 82, must be submitted to the authority designated by the relevant canton between January 15 and March 15. In case of adaptation of computer systems or other particular situations, the canton may extend the deadline until May 1.

Applications for contributions in the summering region must be submitted to the authority designated by the relevant canton between August 1 and September 30.

The canton may set a filing deadline within the limits of the deadlines provided in paragraphs 1 and 2.

It sets a deadline for the applications for contributions referred to in Art. 82.

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If it turns out that the information contained in the application needs to be modified after the application has been submitted, the operator must notify the authority designated by the relevant canton in writing. The notification must occur before the operational changes.

Changes regarding the number of animals, the areas, the number of trees, main crops, and changes in the operator, which occur subsequently, must be reported before May 1st.

If the operator is unable to meet the requirements for the direct payments requested, they must immediately inform the competent cantonal service. The notification is considered as long as it has been made at the latest: a. one day before receipt of the announcement of an inspection; b. one day before the inspection in the case of unannounced inspections.

In the event of changes to the contribution rates for measures with a specific commitment duration, the operator may notify the authority designated by the competent canton, before May 1 of the contribution year, according to the procedure established by the canton, that they are withdrawing from participation in these measures starting from the year when the contribution will be reduced.

Operators submitting an application for certain types of direct payments must demonstrate to the enforcement authorities that they meet or have met the requirements for the types of direct payments concerned, including those of the PER, across the entire operation.

Inspections and control bodies not regulated by this ordinance are governed by the provisions of the OCCEA.

All inspections concerning animal protection within the framework of the PER must be carried out in accordance with the provisions of animal protection legislation.

and 4 ...

The person conducting the inspection immediately informs the operator of any detected violations or inaccuracies in certain data.

and 3 ...

The inspection body transmits the results of the inspection in accordance with the provisions related to the collaboration contract pursuant to Art. 104, para. 3.

The competent cantonal enforcement authority verifies the completeness and quality of the inspection data.

It ensures that the inspection data are recorded or transmitted in the centralized information system referred to in Art. 165 of the Agriculture Act, in accordance with the provisions of Arts. 6 to 9 of the OSIAgr.

The canton shall oversee the compliance of the data referred to in Art. 98, paras. 3 to 5, and shall regulate the details concerning the inspections.

The canton in which the domicile of the operator or the headquarters of the legal entity is located is responsible for the planning, execution, and documentation of controls, in accordance with this ordinance.

The canton may delegate the tasks to be carried out according to paras. 1 and 2. The provisions of the OCCEA must be adhered to. The canton shall regulate the terms of remuneration for the delegated tasks.

It may not delegate to project sponsors the execution of inspections of the operation of objects within the framework of projects promoting regional biodiversity and landscape quality.

In its territory, it performs random checks of the control activity of the control bodies.

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The cantons reduce or refuse direct payments in accordance with Annex 8.

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If, due to force majeure, the conditions required for the environmental performance requirements (EPR) as well as for the types of direct payments referred to in Art. 2, let. a, nr. 6, and c to f, are not met, the canton may refrain from reducing or discontinuing the contributions.

The following are notably considered cases of force majeure: a. the death of the operator; b. the expropriation of a significant part of the farm's area if such expropriation was not foreseeable on the day the application was submitted; c. the accidental destruction of the farm's buildings; d. a major natural disaster or a serious event the cause of which cannot be attributed to the operator and which causes significant damage to the farm's area; e. epizootics affecting all or part of the farm's livestock; f. severe damage due to diseases or pests; g. extraordinary weather events such as heavy rainfall, drought, frost, hail, or significant deviations from average values in the past.

The operator must report the cases of force majeure and the related evidence in writing to the competent cantonal authority within ten days from the moment they have been observed.

The cantons have the authority to regulate the procedure.

If the requirements for the types of direct payments referred to in Art. 2, let. a, para. 6, and c and d, are not met when taking possession of summer grazing areas within the framework of an alpine pasture consolidation or land consolidation, the canton may refrain from reducing or withdrawing the contributions.

If the conditions required for granting contributions for animal welfare are not met due to regulations concerning epizootic disease prevention, the contributions will neither be reduced nor denied.

If the requirements of the PER and the requirements related to the types of direct payments referred to in Art. 2, let. a, para. 6, and c to f, are not met due to measures ordered to prevent the introduction and spread of quarantine organisms and other particularly dangerous harmful organisms based on the Ordinance of 31 October 2018 on Plant Health, the contributions will neither be reduced nor denied.

If alpine farming and communal pasture operations are required to prematurely leave the alpine pastures due to the threat posed to livestock by large predators, the canton may: a. waive the adjustment of the alpine farming contribution according to Art. 49, para. 2, let. c; b. grant the biodiversity contribution according to Annex 7, ch. 3.1.1, ch. 12, and the regional biodiversity and landscape quality contribution according to Annex 7, ch. 5a.1, up to the full amount of the contributions paid in the previous year, even if the livestock density is lower than the usual density.

After the first authorization of non-adjustment of contributions, the canton may waive the adjustment of contributions at most once again within the following four years for the same alpine pasture.

The operator must submit the request for non-adjustment of contributions to the authority designated by the concerned canton. This authority takes into account reasonable protection measures outlined in Art. 10 quinquies of the Ordinance of 29 February 1988 on Hunting and consults relevant cantonal specialists for herd protection and hunting. The cantons regulate the procedure.

The canton reports to OFAG at the end of November the requests for early departure from alpine pastures due to the presence of large predators. OFAG determines the form and content of the report.

The canton verifies the entitlement to contributions and determines the contributions based on the recorded data.

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For the reductions referred to in Art. 105, the canton takes into account all infringements that have been identified from January 1 to December 31. It may apply the reductions during the following contribution year if the infringements were identified after September 1.

The canton records the data concerning the operation, operator, surfaces, and livestock numbers between January 15 and February 28. Regarding livestock numbers, in addition to the determining numbers, the numbers as of January 1 must also be recorded. The cantons record the changes that occurred before May 1.

The canton may pay an advance to the operators in the middle of the year.

It disburses the contributions no later than November 10 of the contribution year, with the exception of contributions in the summer grazing area and the transitional contribution.

It disburses the contributions in the summer grazing area and the transitional contribution no later than December 20 of the contribution year.

Contributions that could not be disbursed are barred after five years. The canton must return them to the FOAG.

Summer grazing contributions, contributions for species-rich grassland and litter areas in the summer grazing region, and contributions to regional biodiversity and landscape quality in the summer grazing region may be paid to the consortium or the alpine cooperative if this significantly simplifies administrative work. When contributions are paid to a public law entity (municipality, civil corporation), at least 80% of the amount must be redistributed to livestock holders with grazing rights.

The amount granted for direct payments according to Art. 2, let. a, b, c, ch. 1, e and f, is reduced by 1.7% during the disbursement in 2025.

For the payment of advances, the canton may request a prepayment from the FOAG: a. up to 50% of the amount from the previous year, excluding contributions in the summer grazing region, or b. up to 60% of the total amount of contributions, excluding the transitional contribution and contributions in the summer grazing region.

The canton calculates the contributions, excluding those in the summer grazing region and the transitional contribution, by October 10 at the latest. It requests the total amount from the FOAG by October 15 at the latest, specifying the details of the types of contributions. Corrective calculations are possible until November 20 at the latest.

The canton calculates the contributions in the summer grazing region and the transitional contribution, as well as the contributions resulting from subsequent processing referred to in paragraph 2, by November 20 at the latest. It requests the corresponding total amount from the FOAG by November 25 at the latest, specifying the details of the types of contributions.

It provides the FOAG with electronic data related to the payment concerning all types of direct payments by December 31 at the latest. The data must correspond to the contributions outlined in paragraph 3.

The FOAG verifies the payment list established by the canton and transfers the total amount to it.

The cantons shall only notify the FOAG of decisions regarding the granting of contributions upon request.

They notify the FOAG of their decisions made on appeal.

The Federal Office for Agriculture (FOAG) executes this ordinance insofar as this task does not fall under the competence of the cantons.

To this end, it may, if necessary, call upon other concerned federal offices.

It supervises the execution within the cantons and, if necessary, resorts to other federal offices or services.

It may issue instructions regarding the presentation of control documents and records.

From the date of implementation of the geodata models referred to in the ordinance of 21 May 2008 on geoinformation, but no later than 1 June 2017, the cantons shall record the areas and their use, as well as other necessary objects, in the cantonal geographic information systems for the purpose of calculating direct payments per farm.

The FOAG provides the cantons with a centralized web application for the calculation of direct payments per farm.

It regulates the technical and organizational modalities for the cantons' use of the application.

In 2014, the provisions of the Ordinance of December 7, 1998, on Direct Payments apply to application and registration deadlines, as well as to the calculation period for determining livestock numbers. For other livestock consuming roughage besides cattle, the determining numbers are based on the average number of animals held on the farm during the 12 months preceding May 2.

For operators who received direct payments for at least three years between 2007 and 2013, the requirement of Art. 4 regarding agricultural training is considered fulfilled.

Operators who began continuing education in agriculture before December 31, 2013, as referred to in Art. 2, para. 1 bis, let. a, of the Ordinance of December 7, 1998, on Direct Payments, receive direct payments, provided they successfully complete their training within two years after taking over the operation.

Regarding partnerships that received contributions in 2013 under the Ordinance of December 7, 1998, on Direct Payments, the age of the youngest operator is valid until the end of 2015.

No contribution for sloped land referred to in Arts. 43 and 44 is paid in the plain area before December 31, 2016. Surfaces with a slope greater than 50% are classified in the slope category referred to in Art. 43, para. 1, let. b, and entitle the corresponding contributions.

The prevailing requirements are valid for the duration of the ongoing project for surfaces and trees referred to in Art. 55 that were reported before the reference day in 2013 and for regional networking projects referred to in Art. 61 that were authorized by the canton before the end of 2013. The canton may set a shorter project duration for these networking projects. For walnut trees of quality level II, the Confederation pays 30 francs until the end of the commitment duration.

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Cantons adapt their cantonal networking requirements referred to in Art. 62, para. 2, to the provisions of this ordinance and submit them to the Federal Office for Agriculture (FOAG) for approval by September 30, 2014, at the latest. Networking projects that are accepted or extended by cantons in 2014 must comply with the previous cantonal requirements. Regarding the project duration, the provisions of this ordinance apply.

Concerning landscape quality projects as per Art. 64, whose implementation should begin in 2014, the project report and implementation request must reach the FOAG by January 31, 2014, at the latest.

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The Environmental Performance Requirements (EPR) to be provided in 2014 are governed by the provisions of the Ordinance of December 7, 1998, on Direct Payments, except for those listed in the appendix, ch. 2.1, para. 1. The provisions in appendix 1, ch. 2.1.1, and 2.1.3 of the current ordinance must be adhered to.

Registration for contributions to efficient use of resources (Arts. 77 to 82), production system contributions for milk and meat production based on grazing (Art. 70), and biodiversity contributions for grassland near a watercourse (Art. 55, para. 1, let. g) must take place simultaneously with the application for the 2014 contribution year. Registration for biodiversity contributions regarding the grasslands and species-rich litter areas in the summering region (Art. 55, para. 1, let. o) for the 2014 contribution year must be completed by May 31 at the latest.

If enrolling for the grass-based milk and meat production contribution in 2014, the first baseline control must occur no later than the end of 2016.

If enrolling for contributions for species-rich grasslands and litter areas in the summering region in 2014, the first baseline control must occur no later than the end of 2016.

At least 25% of registrations for contributions to the efficient use of resources made in 2014 must be inspected in 2014.

Regarding perennial crops already in place as of January 1, 2008, the minimum width must increase from 3 to 6 meters according to appendix 1, ch. 9.6, at the latest upon the expiration of the ordinary usage period.

If an operator obtains direct payments under a sustainable resources use program referred to in Arts. 77a and 77b of the Agriculture Act (LAgr), no contribution for the efficient use of resources in accordance with Arts. 77 to 81 is granted for the same measure.

Contributions are not reduced for the years 2015 and 2016: a. in the event of non-compliance as specified in Annex 8, ch. 2.2.6, let. f; a warning is issued instead of a reduction; b. in the event of non-compliance as specified in Annex 8, ch. 2.9.10, let. k, when it concerns cattle between four months and 160 days old.

In case of non-compliance as specified in Annex 8, ch. 2.7, contributions are reduced by up to 100% in 2015 and 2016.

For the calculation of the linear correction according to supplementary module 6 and the import-export balance according to supplementary module 7 of the Swiss-Balance guidelines, version 1.8, the canton may itself set the reference period for the years 2015 and 2016. For broiler chickens, the reference period corresponds to the calendar year.

For calculating the linear correction according to supplementary module 6 and the import-export balance according to supplementary module 7 of the Swiss Balance Method, according to annex 1, ch. 2.1.1, the canton may set the reference period for the years 2017 and 2018. For broiler chickens, the reference period corresponds to the calendar year.

In the case of a breach specified in annex 8, ch. 2.9.10, let. k, the contributions for the year 2017 are not reduced for cattle aged between four months and 160 days.

Until the year of contributions 2019 inclusive, the cantons may record the areas and their use as well as other elements necessary for calculating direct payments for each farm using a method other than the one stipulated in Art. 113, provided that the FOAG approves it. They shall communicate to the FOAG for approval, by December 31, 2016, at the latest, the chosen method and the timetable for implementing the geodata models in accordance with the Ordinance of May 21, 2008, on Geoinformation.

The cleaning of sprayers and turbo sprayers using an automatic internal cleaning system according to annex 1, ch. 6.1.2, is not mandatory before the deadline for the resource-efficient use contribution referred to in Art. 82 a.

During the years 2018 and 2019, the operator may report in writing or electronically to the service designated by the competent canton, by May 1 or, in the case of a summer pasture farm or a communal pasture farm, by November 15, any differences concerning the actual number of equines kept compared to the recorded determining number of equines according to Art. 36, para. 2, let. a, and 3. The service designated by the competent canton corrects the number in accordance with the report or provides the operator with an option to electronically correct the number.

Operators who applied in a timely manner for animal welfare contributions for commercial poultry for the year 2018 must comply with the requirements concerning the open side area according to Annex 6, Sect. A, No. 7.8, only from January 1, 2019. In such cases, the provisions of the old law regarding outdoor climate areas apply.

Registration for contributions referred to in Art. 2, Sect. e, No. 2 (lupines), contributions referred to in Art. 2, Sect. f, Nos. 5 and 6, and for animal contributions referred to in Art. 73, Sect. h, may take place within the deadline set in Art. 99, Para. 1, for the 2018 contribution year.

Regarding the control of contributions according to Art. 2, Sect. e, No. 3, in 2018, the provisions of the old law apply.

Regarding the control of the nutrient balance according to Annex 1, No. 2, in 2018, the provisions of the old law apply.

If the deadline referred to in Annex 1, sec. 2.1.12, for completing the linear correction according to supplementary module 6 and the import-export balance according to supplementary module 7 of the "Swiss Balance" method cannot be met due to conversion, the canton may set its own reference period for the year 2019.

In 2019, the cantons may increase the installments by 5% in accordance with Art. 110, para. 1, and request a higher advance payment.

Regarding the reduction of herbicides on open land during the contribution year 2019, only crops sown or planted in 2019 are eligible for contributions.

Registration for the contributions referred to in Art. 2, let. f, sec. 5 (organic farms) and 7, and for contributions for animals referred to in Art. 75, para. 2bis, may take place within the period set in Art. 99, para. 1, for the contribution year 2019.

Power-driven or self-propelled sprayers used for plant protection referred to in Annex 1, sec. 6.1, which were last tested before January 1, 2021, must be tested again within a period of four calendar years.

If a deficiency referred to in Annex 8, sec. 2.2.3, let. c, is identified, the direct payments for the year 2021 will not be reduced if it concerns the failure to indicate the approval number for plant protection products.

Contributions for the non-use of plant protection products (Art. 68 to 71 a) and contributions for soil-preserving cultivation techniques in main crops on arable land (Art. 71 d) are provided for autumn crops established in autumn 2022 on arable land, provided that the requirements relating to the contributions in question are met from the harvest of the preceding main crop.

In cases of non-compliance identified in Annex 8, ch. 2.2.9a, let. b and c, direct payments will not be reduced for the years 2023 and 2024.

In the pig fattening sector, operations practicing two-phase feeding under Art. 82 c, para. 2, may use in 2023 feed rations with the same crude protein content in g/MJ NE for the entire fattening period.

In 2024, farms with more than 3 hectares of open land in the plain zone and the hill zone are not yet required to present a minimum share of 3.5% of biodiversity promotion areas on arable land in these zones, in accordance with Art. 14 a, para. 1.

In cases of non-compliance identified in Annex 8, ch. 2.2.4, let. c, direct payments will not be reduced for the year 2024.

In the event of a violation identified in accordance with Annex 8, sec. 2.2.9a, let. d, direct payments shall not be reduced in 2025 and 2026.

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The contribution for networking and the contribution for landscape quality will continue to be paid in accordance with the previous law in 2026 and 2027. Reductions are made in accordance with the previous law.

The contribution for the efficient use of resources for two-phase feeding of pigs reduced in nitrogen content will continue to be paid in 2026 in accordance with the previous law. Reductions are made in accordance with the previous law.

The contribution for regional biodiversity and landscape quality as referred to in Art. 78 will be paid for the first time in 2028. Surfaces that are part of projects according to Art. 78 can be counted for the first time in 2028 within biodiversity promotion areas according to Art. 14, para. 2.

Indigenous solitary trees adapted to the site and tree rows referred to in Art. 55, para. 1 bis, let. b, of the previous law can still be counted as biodiversity promotion areas according to Art. 14 in 2026 and 2027. Reductions are made in accordance with the previous law.

Region-specific biodiversity promotion areas referred to in Art. 55, para. 1, let. p, of the previous law can still be counted as biodiversity promotion areas according to Art. 14 in 2026 and 2027. Reductions are made in accordance with the previous law.

The contribution for not using plant protection products in large crops as referred to in Art. 68 of the previous law and the contribution for not using herbicides in large crops and special crops as referred to in Art. 71 a of the previous law will continue to be paid in 2026 and 2027 for cereals in rows with spaced sowing, when it involves region-specific biodiversity promotion areas.

The following ordinances are repealed: 1. Ordinance of December 7, 1998 on Direct Payments; 2. Ordinance of November 14, 2007 on Alpine Pasturing Contributions; 3. Ordinance of April 4, 2001 on Ecological Quality.

The amendment of other acts is governed by Annex 9.

The present ordinance enters into force on January 1, 2014, subject to paragraphs 2 and 3.

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Art. 43, para. 1, let. c, as well as Annex 7, sec. 1.2.1, let. c, enter into force on January 1, 2017.