text: 910.124 English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.EAER Ordinance on the Minimum Requirements for Control Procedures of Protected Designations of Origin and Geographical Indications(Ordinance on the Control of PDOs and PGIs)of 11 June 1999 (Status as of 1 January 2017)The Federal Department of Economic Affairs, Education and Research (EAER)1,on the basis of Article 18 paragraph 2 of the PDO/PGI Ordinance of 28 May 19972,ordains:1 The name of this administrative unit was amended by Art. 16 para. 3 of the Publications Ordinance of 17 Nov. 2004 (AS 2004 4937) on 1 Jan. 2013. The amendment has been made throughout the text.2 SR 910.12Art. 1 Minimum requirements for control procedures  The certification body must:a.3carry out an initial authorisation of all production, processing and refining undertakings;b.verify the flow of goods;c.control the correct use of the traceability marks;d.ensure that processing requirements are complied with;e.oversee final product testing.3 Amended by No I of the EAER Ordinance of 29 Oct. 2014, in force since 1 Jan. 2015  (AS 2014 3907).Art. 2 Frequency of control procedures  1 The certification body shall control the structural requirements in the context of the initial authorisation procedure.42 Control procedures relating to the flow of goods, traceability and processing requirements shall take place at least every two years for each processing and refining undertaking, or every four years in the case of summer pasture holdings. For production undertakings, such procedures shall be carried out on the basis of a statistically representative random sample.53 In the case of the Protected Geographical Indications (PGIs), testing of the final product shall be carried out once annually on the basis of a statistically representative sample of undertakings. In the case of Protected Designations of Origin (PDOs), these tests will take place at least once per year in every production, processing or refining undertaking which markets the final product. Where an undertaking markets the production of several operators, testing of the final product should be performed on a random sample of lots of each operator.64 Undertakings where irregularities are found are subject to retesting on a systematic basis.4 Amended by No I of the EAER Ordinance of 29 Oct. 2014, in force since 1 Jan. 2015  (AS 2014 3907).5 Amended by No I of the EAER Ordinance of 29 Oct. 2014, in force since 1 Jan. 2015  (AS 2014 3907).6 Amended by No I of the EAER Ordinance of 29 Oct. 2014, in force since 1 Jan. 2015  (AS 2014 3907).Art. 3 Structural and process requirements7  The product specification includes the following requirements essential to the character of the product:a.requirements with regard to the technical installations (structural requirements); andb.requirements with regard to the production, processing and refining process (process requirements).7 Amended by No I of the EAER Ordinance of 29 Oct. 2014, in force since 1 Jan. 2015  (AS 2014 3907).Art. 4 Traceability mark  The traceability marking is an indelible mark which must be affixed to every individual product and which allows for the identification of the batch and the producer. Where it is not suitable to affix the label to the product itself, the traceability mark may be placed on the packaging of the product which is ready for consumption.Art. 58 Final product testing  1 In the case of agricultural products and processed agricultural products, testing of the final product shall comprise physical and chemical testing, as well as an organoleptic test.2 The organoleptic test is to verify the product’s conformity with the sensory description in the product specification.3 In the case of forestry products and processed forestry products, testing of the final product shall comprise testing of the physical and other characteristic properties.4 The responsibility for sampling is that of the certification body. The certification body is also responsible for organoleptic testing, which shall be conducted by the applicant group.8 Amended by No I of the EAER Ordinance of 16 Sept. 2016, in force since 1 Jan. 2017  (AS 2016 3289).Art. 6 Reporting  The certification body shall provide an annual report to the Federal Office for Agriculture for each protected indication, containing the following information:a.the list of undertakings under review, categorized by «production», «processing» and «refining»;b.the total amount of products marketed with the protected indication;c.the number and the type of corrective measures enacted and any suspension of certificates for each protected indication.Art. 7 Access to undertakings and documentation  The certification body shall ensure that it receives:a.unrestricted access to the undertakings;b.access to any documents of use to it in the context of certification.Art. 8 Control manual  1 The certification body or the certification bodies shall clarify, in a control manual, the procedures under the present Ordinance, together with the groups who have applied for registration of a PDO or a PGI.2 The control manual shall be an integral component of the quality assurance scheme of the certification body or the certification bodies.3 The latest version of the quality assurance scheme shall be deposited with the Federal Office for Agriculture.Art. 9 Commencement  This Ordinance comes into force on 1 July 1999.


type: legislation

jurisdiction: Switzerland

text: 921.01English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.Ordinanceon Forest(Forest Ordinance, ForO)of 30 November 1992 (Status as of 1 July 2021)The Swiss Federal Council,on the basis of Article 49 of the Forest Act of 4 October 19911 (ForA), and Article 29 of the Environmental Protection Act of 7 October 19832,ordains:1 SR 921.02 SR 814.01Chapter 1 Definition of Forest  Art. 1 Definition of forest   (Art. 2 para. 4 ForA)1 The cantons shall define the parameters according to which a wooded area is defined as forest, within the following ranges:a. area, including an appropriate forest margin: 200–800 m2;b. width, including an appropriate forest margin: 10–12 m;c. age of stands in newly colonised areas: 10–20 years.2 If the stand fulfils particularly important social or protective functions, it is defined as forest, irrespective of its area, its width or its age.Art. 2 Wooded pastures   (Art. 2 para. 2 ForA)Wooded pastures are areas consisting of a mosaic of wooded areas and open pastures and which fulfil both livestock husbandry and forestry purposes.Art. 3 Check dams and foreground   (Art. 2 para. 3 ForA)1 Check dams are structures that hinder the natural flow of water and create a backwater.2 The immediate foreground of a check dam is the terrain bordering the installation on the airside. It normally covers a 10-metre-wide strip.Chapter 2 Protection of the Forest against Intervention  Section 1 Deforestation  Art. 4 Definition   (Art. 4 and 12 ForA)The following are not defined as deforestation:a. the use of forest land for forestry buildings and installations and for small structures and installations not used for forestry purposes;b. the allocation of forest to a protection zone in accordance with Article 17 of the Spatial Planning Act of 22 June 19793 (SPA), if the protection objective is compatible with forest conservation.3 SR 700Art. 54 Deforestation application, publication and consultation  1 In the case of works for which the Confederation is the competent authority, the deforestation application must be submitted to the lead federal authority, and in the case of works for which the canton is the competent authority, the deforestation application must be submitted to the competent authority under cantonal law.2 The authority shall publish the application and provide access to the files for consultation.3 The Federal Office for the Environment5 (the FOEN6) shall issue guidelines on the contents of a deforestation application.4 Amended by No II 17 of the O of 2 Feb. 2000 (Coordination and Simplification of Decision-Making Procedures), in force since 1 March 2000 (AS 2000 703).5 The designation of the administrative entity was amended according to Art. 16 para. 3 of the Publication Ordinance of 17 Nov. 2004 (AS 2004 4937).6 Name in accordance with No I 5 of the O of 28 Jan. 2015 on the Amendment of Ordinance Law on the Environment, in particular with regard to the programme agreements for the Programme Period 2016–2019, in force since 1 Jan. 2016 (AS 2015 427). This change has been made throughout the text.Art. 67 Cooperation between the federal authority and the cantons  1 If the Confederation is responsible for the deforestation permit, the cooperation between the FOEN and the cantons is subject to Article 49 paragraph 2 ForA. The cantons shall support the federal authorities in the clarification of the facts.2 Included in the calculation of the deforestation area, based on which the obligation to hear the FOEN (Art. 6 para. 2 ForA) is determined, are all deforestation areas that:a. are included in the deforestation application;b. were deforested for the same works in the 15 years previous to the submission of the deforestation application, or for which deforestation is still allowed.7 Amended by No II 17 of the O of 2 Feb. 2000 (Coordination and Simplification of Decision-Making Procedures), in force since 1 March 2000 (AS 2000 703).Art. 7 Deforestation decision  1 The deforestation decision covers the following:a. the areas in which deforestation is authorised or refused and the affected plots with specification of the coordinates;b. the nature and scope of the compensatory measures and the affected plots with specification of the coordinates;c. the deadlines for the use of the deforestation permit and for the fulfilment of the obligations associated with the deforestation, in particular those involving compensatory measures;d. the unresolved objections;e. any further conditions and requirements.2 The FOEN shall keep statistics on the deforestation projects authorised by the Confederation and the cantons. The cantons shall make the necessary information available to the FOEN.88 Inserted by No II 17 of the O of 2 Feb. 2000 (Coordination and Simplification of Decision-Making Procedures), in force since 1 March 2000 (AS 2000 703).Art. 8 Compensation in kind   (Art. 7 para. 1 ForA)91 Compensation in kind is made by creating an area of forest of the same size in a location offering qualitatively similar conditions to the deforested area.2 Compensation in kind includes the acquisition of the land, the planting and all of the measures necessary for the long-term safeguarding of the compensatory area.3 Areas in which forest is expanding and voluntarily afforested areas which have not yet become forest may be recognised as compensation in kind.9 Amended by No I of the O of 14 June 2013, in force since 1 July 2013 (AS 2013 1983).Art. 8a10 Areas with increasing forest area   (Art. 7 para. 2 let. a ForA)The cantons shall designate areas with increasing forest area after consulting the FOEN. Their boundaries shall be based on federal and cantonal surveys, in principle following topographical features and taking account of existing settlements and uses.10 Inserted by No I of the O of 14 June 2013, in force since 1 July 2013 (AS 2013 1983).Art. 9 Conservation of arable land and areas of ecological or landscape value    (Art. 7 para. 2 let. b ForA)111 Compensation in kind may be dispensed with in particular in the case of crop rotation areas.122 Areas of particular ecological value are, in particular:a. biotopes in accordance with Article 18 paragraph 1bis of the Federal Act of 1 July 196613 on the Protection of Nature and Cultural Heritage;b. areas designated as nature protection areas in accordance with Article 17 SPA14.3 Areas of particular landscape value are, in particular:a. objects of national importance in accordance with the Ordinance of 10 August 197715 on the Federal Inventory of Landscapes and Natural Monuments of National Importance;b. mire landscapes of outstanding beauty and national importance in accordance with Article 24sexies paragraph 5 of the Federal Constitution of the Swiss Confederation16;c. areas designated as landscape protection zones in accordance with Article 17 SPA.11 Amended by No I of the O of 14 June 2013, in force since 1 July 2013 (AS 2013 1983).12 Amended by No I of the O of 14 June 2013, in force since 1 July 2013 (AS 2013 1983).13 SR 45114 SR 70015 [AS 1977 1962, 1983 1942, 1996 3264, 1998 788, 2010 1593 Annex No 2.  AS 2017 2815 Art. 11]. See now: the O of 29 Mrch 2017 (SR 451.11).16 [BS 1 3; AS 1988 352]. The specified provision now corresponds to Art. 78 para. 5 of the Federal Constitution of the Swiss Confederation of 18 April 1999 (SR 101).Art. 9a17 Dispensing with compensation for deforestation   (Art. 7 para. 3 let. b ForA)Compensation for deforestation may be dispensed with in the case of projects to guarantee flood protection and the rehabilitation of waters in particular in the case of areas that can no longer be stocked as forest.17 Inserted by No I of the O of 14 June 2013, in force since 1 July 2013 (AS 2013 1983).Art. 1018 18 Repealed by No I of the O of 14 June 2013, with effect from 1 July 2013 (AS 2013 1983).Art. 11 Record in the land register and notification  1 At the request of the competent cantonal forest authority, a record must be made in the land register of the obligation to provide:19a. compensation in kind or measures for the benefit of nature and landscape conservation;b. retrospective compensation for deforestation in the event of a change of use in accordance with Article 7 paragraph 4 ForA.202 The cantons shall monitor all compensatory measures and notify the FOEN of the final approval of the works.19 Amended by No I of the O of 17 Aug. 2016, in force since 1 Jan. 2017 (AS 2016 3215).20 Amended by No I of the O of 14 June 2013, in force since 1 July 2013 (AS 2013 1983).Section 2 Declaration as Forest21 21 Amended by No I of the O of 14 June 2013, in force since 1 July 2013 (AS 2013 1983). Art. 12 Ruling on declaration as forest   (Art. 10 para. 1 ForA)221 The ruling on declaration as forest records whether a stocked or unstocked area is a forest or not and specifies its coordinates.2 It specifies on a map the location and size of the forest and the location of the affected plots.22 Inserted by No I of the O of 14 June 2013, in force since 1 July 2013 (AS 2013 1983).Art. 12a23 Specification of static forest boundaries outside development zones   (Art. 10 para. 2 let. b ForA)Areas where the canton wants to prevent an increase in forest must be specified in the cantonal structure plan.23 Inserted by No I of the O of 14 June 2013, in force since 1 July 2013 (AS 2013 1983).Section 3 Motorised Vehicular Traffic   (Art. 15 para. 1 ForA)Art. 13 1 Forest roads may be accessed by motorised vehicular traffic for the following purposes:a. for rescue and recovery purposes;b. for police controls;c. for military exercises;d. for the implementation of measures for the protection against natural events;e.24 for the maintenance of the network lines of the providers of telecommunications services.2 The rest of the forest may only be accessed by motorised vehicular traffic if such access is unavoidable for the fulfilment of a purpose in accordance with paragraph 1.3 Events involving vehicular motorised traffic are prohibited on forest roads and in the rest of the forest.24 Amended by No II 61 of the O of 1 Dec. 1997, in force since 1 Jan. 1998  (AS 1997 2779).Section 4 Buildings and Installations in the Forest 25 25 Amended by No I of the O of 14 June 2013, in force since 1 July 2013 (AS 2013 1983). Art. 13a26 Forest structures and installations   (Art. 2 para. 2 let. b and 11 para. 1 ForA)1 Forest structures and installations, such as forest maintenance depots, log stores, covered wood fuel stores and forest roads may be constructed or altered with official permission in accordance with Article 22 SPA27.282 A requirement for permission is that:a. the structures and installations facilitate regional forest management;b. a need is proven for the structures and installations, their location is suitable and their size is adapted to regional conditions; andc. there is no overriding public interest in refusing permission.3 Other requirements under federal or cantonal law also apply.26 Inserted by No I of the O of 14 June 2013, in force since 1 July 2013 (AS 2013 1983).27 SR 70028 Amended by No I of the O of 12 May 2021, in force since 1 July 2021 (AS 2021 294).Art. 14 Consultation of the cantonal forest authority   (Art. 11 para. 1 and 16 ForA)291 The granting of permission for the construction of forestry buildings or installations in the forest in accordance with Article 22 SPA30 is subject to a hearing of the competent cantonal forestry authority.2 Exceptional permission for the construction of small structures and installations in the forest that are not used for forestry purposes in accordance with Article 24 SPA may only be granted in agreement with the competent cantonal forestry authority.29 Inserted by No I of the O of 14 June 2013, in force since 1 July 2013 (AS 2013 1983).30 SR 700Chapter 3 Protection against Natural Events  Art. 15 Basic documentation  1 The cantons shall compile the basic documentation required for protection. They shall:a. keep inventories of buildings and installations that that are of relevance in providing protection against natural events (protective structure register);b. document events causing damage (event register) and analyse, if required, larger events causing damage;c. prepare hazard maps and emergency plans for potential events, and update these regularly.312 When compiling this basic documentation, they shall take into account the work carried out by specialist federal agencies and their technical guidelines.3 The cantons shall take account of this documentation in all their activities with a spatial impact, in particular structural and land-use planning.4 They shall make this documentation available to the FOEN on request and make then accessible to the general public in a suitable form.3231 Amended by No I 5 of the O of 28 Jan. 2015 on the Amendment of Ordinance Law on the Environment, in particular with regard to the programme agreements for the Programme Period 2016–2019, in force since 1 Jan. 2016 (AS 2015 427).32 Inserted by No I 21 of the O of 7 Nov. 2007 on the New System of Financial Equalisation and Division of Tasks between the Confederation and the Cantons (AS 2007 5823). Amended by Annex 2 No 13 of the O of 21 May 2008 on Geoinformation, in force since 1 July 2008 (AS 2008 2809).Art. 16 Early warning services  1 Where necessary for the protection of human life and significant material assets, the cantons shall set up early warning services. They shall ensure the development and operation of the related monitoring stations and information systems.2 When setting up and operating the early warning services, they shall take into account the work carried out by specialist federal agencies and their technical guidelines.3 They shall ensure that the data from the monitoring stations and information systems are made available to the FOEN on request, and are made accessible to the general public in a suitable form.3333 Inserted by No I 21 of the O of 7 Nov. 2007 on the New System of Financial Equalisation and Division of Tasks between the Confederation and the Cantons (AS 2007 5823). Amended by Annex 2 No 13 of the O of 21 May 2008 on Geoinformation, in force since 1 July 2008 (AS 2008 2809).Art. 17 Securing of hazard areas   (Art. 19 ForA)1 The securing of hazard areas includes:a. silvicultural measures;b. structural measures for the prevention of damage due to avalanches, as well as, in exceptional cases, the erection of installations for preventive avalanche release;c. accompanying measures in torrents channels which are linked to forest conservation (torrent control works in forests);d. landslide and gully control structures, the corresponding drainage works and erosion protection;e. rockfall and rock avalanche control structures, retention structures, as well as, in exceptional cases, the preventive release of material at risk of falling;f. the removal to a safe location of buildings and installations at risk.2 The works shall if possible be combined with biological engineering and silvicultural measures.3 The cantons shall ensure that planning is integrated; in particular, the planning shall balance the interests of forest management, nature and landscape protection, hydraulic engineering, agriculture and spatial planning.Chapter 4 Maintenance and Use of the Forest  Section 1 Forest Management  Art. 18 Forestry planning   (Art. 20 para. 2 ForA)1 The cantons shall issue regulations for the planning of forest management. These shall define, in particular:a. the types of plans and their content;b. the instances responsible for planning;c. the planning goals;d. how the planning data are acquired and used;e. the planning and control procedures;f. the regular reviewing of the plans.2 The forestry planning documents must describe, at least, the location conditions as well as the forest functions and their importance.3 In the case of interoperational planning, the cantons shall ensure that the population:a. is informed of the goals and progress of the planning;b. may be involved in a suitable manner;c. may inspect it.4 They shall take account of the spatial impact of forestry planning in their structural planning.3434 Inserted by No I 5 of the O of 28 Jan. 2015 on Amendments to the Ordinance Law on the Environment, in particular in relation to the programme agreements for the programme period 2016–2019, in force since 1 March 2015 (AS 2015 427).Art. 19 Silvicultural measures   (Art. 20 ForA)1 All maintenance interventions that contribute to the conservation or restoration of the stability and the quality of a stand are classified as silvicultural measures.2 Measures carried out as part of young forest maintenance are:a.35 young growth maintenance, thicket maintenance and stem thinning in order to create resistant and adaptable stands suitable to the location;b. specific measures to maintain regrowth in selection forests, in other multi-layered forests, in coppices with standards and coppice forests as well as in multi-layered forest margins;c. protective measures against damage caused by game;d. the creation of paths in areas of difficult access.3 Thinning and regeneration measures are:a. slash removal and the creation of new stands and the necessary accompanying measures;b. wood harvesting and transport.4 Minimum maintenance measures for conserving the protective function of the forest are maintenance interventions that are restricted to ensuring the long-term stability of the stand; felled wood is used locally or left on site, as long as it does not pose a risk.35 Amended by No I of the O of 17 Aug. 2016, in force since 1 Jan. 2017 (AS 2016 3215).Art. 20 Clearcutting   (Art. 22 ForA)1 Clearcutting is the complete or almost complete removal of a stand, which gives rise to ecological conditions similar to those on open lands in the cutting area or causes serious detrimental effects to it or to the nearby stands.2 Clearcutting does not arise, if the old stand is cleared following sufficient and secured regeneration.Section 2 Forest Reproductive Material  Art. 21 Production and use   (Art. 24 ForA)1 The cantons shall guarantee the supply of appropriate suitable forest reproductive material.2 The competent cantonal forest authority shall select the forests stands, from which forest reproductive material may be obtained. It shall notify the seed stands to the FOEN.3 It shall control the commercial and industrial production of seeds and plant parts and issues certificates of origin.4 Only forest reproductive material of certified origin may be used for forestry purposes.5 The FOEN shall advise the cantons about:a. the production, supply and use of forest reproductive material;b. the safeguarding of genetic diversity.6 It keeps a register of the seed stands and a register of the genetic reserves.Art. 22 Import and export   (Art. 24 ForA)1 The import of forest reproductive material requires the authorisation of the FOEN.2 The authorisation is granted if:a. the forest reproductive material is appropriate for cultivation and its origin is confirmed by an official certificate; orb. the importer declares in writing that the reproductive material will be used exclusively outside of the forest.2bis The authorisation to import genetically modified forest reproductive material is regulated by the Release Ordinance of 10 September 200836; the terms of reference of the present Ordinance are also applicable.373 The Federal Department of the Environment, Transport, Energy and Communications38 (DETEC39) shall enact regulations on the issuing of export documents for forest reproductive material.36 SR 814.91137 Inserted by Art. 51 No 3 of the Plant Protection Ordinance of 28 Feb. 2001  (AS 2001 1191). Amended by Annex 5 No 16 of the Release Ordinance of 10 Sept. 2008, in force since 1 Oct. 2008 (AS 2008 4377).38 The designation of the administrative entity was amended according to Art. 16 para. 3 of the Publications Ordinance of 17 Nov. 2004 (AS 2004 4937).39 Name in accordance with No I 5 of the O of 28 Jan. 2015 on the Amendment of Ordinance Law on the Environment, in particular with regard to the programme agreements for the Programme Period 2016–2019, in force since 1 Jan. 2016 (AS 2015 427). This change has been made throughout the text.Art. 23 Business management   (Art. 24 ForA)1 Public and private seed extractories, tree nurseries, forest gardens and retailers must keep a record of the origin, processing, breeding and supply of forest reproductive material as well an inventory of such material.2 They shall inform the purchasers of forest reproductive material of its classification and origin in their quotations, on their goods and in their invoices.3 The FOEN shall control their business management. It may require the assistance of the cantons for this.Art. 24 Technical provisions  1 DETEC shall issue an ordinance on the implementation of the provisions of this section.2 It may allow, for scientific purposes, the import and use of forest reproductive material, the suitability and origin of which are not proven.Section 3 Use of Environmentally Hazardous Substances  Art. 2540 The exceptional use of environmentally hazardous substances in the forest is governed by the Ordinance on Chemical Risk Reduction of 18 May 200541.40 Amended by No II 21 of the O of 18 May 2005 on the Repeal and Amendment of Ordinances in connection with the Commencement of the Chemicals Act, in force since 1 Aug. 2005 (AS 2005 2695).41 SR 814.81Art. 26 and 2742 42 Repealed by No II 21 of the O of 18 May 2005 on the Repeal and Amendment of Ordinances in connection with the Commencement of the Chemicals Act, with effect from 1 Aug. 2005 (AS 2005 2695).Section 4 Prevention and Remediation of Forest Damage  Art. 2843 Principles   (Art. 26 ForA)1 Forest damage is damage that poses a considerable threat to the function of the forest and that is caused by: a. natural events such as storms, forest fires or drought; b. harmful organisms such as certain viruses, bacteria, larvae, insects, fungi or plants.2 Particularly harmful organisms shall be monitored and controlled in accordance with the provisions of the Plant Health Ordinance of 30 October 201844.4543 Amended by No I of the O of 17 Aug. 2016, in force since 1 Jan. 2017 (AS 2016 3215).44 SR 916.2045 Amended by Annex 8 No 7 of the Plant Health Ordinance of 31 Oct. 2018, in force since 1 Jan. 2020 (AS 2018 4209).Art. 2946 Prevention and remediation of forest damage   (Art. 27 para. 1 ForA)The cantons shall take measures to prevent and remediate forest damage, in particular:technical and silvicultural measures to prevent and combat fire;measures to reduce the physical load applied to the soil;measures to monitor and combat harmful organisms with the aim of eradicating or curbing them or restricting the damage they cause.46 Amended by No I of the O of 17 Aug. 2016, in force since 1 Jan. 2017 (AS 2016 3215).Art. 3047 Coordination, information and advice   (Art. 26 para. 3 and 27a para. 2 ForA)1 The FOEN shall establish the principles for the prevention and remediation of forest damage. It shall coordinate the cross-cantonal measures and where necessary shall itself establish such measures.2 The Swiss Federal Institute for Forest, Snow and Landscape Research (WSL) has the following tasks:a. it organises, together with the cantonal forestry services, the collection of data of relevance to forest protection;b. it provides information about the occurrence of harmful organisms and other factors that may damage the forest;c. it advises the cantonal forestry services in matters of forest protection.47 Amended by No I of the O of 17 Aug. 2016, in force since 1 Jan. 2017 (AS 2016 3215).Section 5 Damage caused by Game   (Art. 27 para. 2 ForA)Art. 31 1 Where game damage arises despite the regulation of game populations, a plan shall be developed for its prevention.2 The plan shall include forestry measures, hunting measures, measures to improve and protect habitats against disturbance, and a performance review.483 The plan is a component of the forestry planning.48 Amended by No I of the O of 17 Aug. 2016, in force since 1 Jan. 2017 (AS 2016 3215).Chapter 5 Training and Basic Data49 49 Amended by Annex 2 No 13 of the O of 21 May 2008 on Geoinformation, in force since 1 July 2008 (AS 2008 2809). Section 1 Basic Training and Continuing Education and Training  Art. 3250 Theoretical and practical basic and continuing education and training   (Art. 29 para. 1 and 2 ForA)1 The FOEN shall ensure, together with the universities, the cantons and other organisations, institutions, and professional associations concerned, that the knowledge and skills acquired during education and training are maintained, and that forestry engineers are introduced to new theoretical and practical advances.2 The cantons shall offer sufficient places for practical continuing education and training and coordinate this offer with each other. Practical continuing education and training shall in particular:a. focus on forest planning, forest management and forest conservation in the context of all forest functions;b. aim to improve management skills and administrative knowledge;c. be attested by a certificate detailing the acquired skills and knowledge.50 Amended by No I of the O of 17 Aug. 2016, in force since 1 Jan. 2018 (AS 2016 3215).Art. 3351 Forestry personnel   (Art. 29 para. 4 and 51 para. 2 ForA)1 The cantons shall provide:a. the higher vocational training of forest wardens and operate the professional colleges required for this purpose;b. together with the responsible organisations, the working environment for the continuing professional education and training of forestry personnel.2 In accordance with Articles 19 paragraph 1, 28 paragraph 2 and 29 paragraph 3 of the Vocational and Professional Education and Training Act of 13 December 200252 (VPETA), the enactment or approval of regulations in the field of forestry education and training shall be subject to a hearing of the FOEN.51 Amended by Annex No II 2 of the Vocational and Professional Education and Training Ordinance of 19 Nov. 2003, in force since 1 Jan. 2004 (AS 2003 5047).52 SR 412.10Art. 3453 Worker safety   (Art. 21a and 30 ForA)1 The cantons shall work with agricultural and forestry organisations to organise courses to improve worker safety during wood harvesting for workers with no forestry training.2 Federally recognised courses must provide basic skills in worker safety, in particular the correct and safe felling of trees, removal of branches, and the scoring and dragging of trees and tree trunks. Such courses must run for at least 10 days in total.53 Amended by No I of the O of 17 Aug. 2016, in force since 1 Jan. 2017 (AS 2016 3215).Art. 35 Coordination and documentation   (Art. 29 para. 1 ForA)1 …542 The FOEN shall operate a central coordination and documentation agency for measures concerning forestry education and training.54 Repealed by No I 7.4 of the O of 9 Nov. 2011 (Review of Extra-Parliamentary Commissions), with effect from 1 Jan. 2012 (AS 2011 5227).Section 2  …  Art. 36 and 3755 55 Repealed by No I 7.4 of the O of 17 Aug. 2016, with effect from 1 Jan. 2018  (AS 2016 3215).Section 356 Surveys 56 Inserted by Annex 2 No 13 of the O of 21 May 2008 on Geoinformation, in force since  1 July 2008 (AS 2008 2809). Art. 37a57 (Art. 33 and 34 ForA)1 The FOEN is responsible for the collection of survey data on the forest.2 In cooperation with the WSL, it surveys:a. by means of the National Forest Inventory, the basic data relating to the locations, functions and condition of the forest;b. the long-term development processes in natural forest reserves.3 As part of its basic remit, the WSL shall conduct long-term research programmes to survey the pressure on the forest ecosystem.4 The FOEN shall inform the authorities and the general public about these surveys.57 Amended by No I of the O of 17 Aug. 2016, in force since 1 Jan. 2017 (AS 2016 3215).Section 458 Timber Production 58 Inserted by No I of the O of 17 Aug. 2016, in force since 1 Jan. 2017 (AS 2016 3215). Art. 37b Marketing and use of sustainably produced timber   (Art. 34a ForA)1 The marketing and use of sustainably produced timber shall be promoted only in pre-competitive circumstances not relating to one particular company. 2 In particular, innovative research and development projects that promote sustainable forest management by improving data, opportunities for marketing and use, resource efficiency or public relations may be promoted.3 Results and findings relating to the supported activities shall be made available to the FOEN on request. Art. 37c Use of timber in federal buildings and installations   (Art. 34b ForA)1 In the planning, construction and operation of federal buildings and installations the use of timber and timber products shall be promoted. 2 The sustainability of timber and timber products shall be assessed in accordance with existing guidelines and recommendations such as those issued by the Coordination Coordination Group for Construction and Property Services.Chapter 659 Financial Assistance (excluding Investment Credits) and Compensatory Payments 59 Amended by No I 21 of the O of 7 Nov. 2007 on the New System of Financial Equalisation and Division of Tasks between the Confederation and the Cantons, in force since  1 Jan. 2008 (AS 2007 5823).Section 1 General Provisions60 60 Amended by No 1 5 of the O of 28 Jan. 2015 on the Amendment of Ordinance Law on the Environment, in particular with regard to the programme agreements for the Programme Period 2016–2019, in force since 1 Jan. 2016 (AS 2015 427).  (Art. 35 ForA)Art. 38 General precondition for awarding federal aid   (Art. 35 para. 2 ForA)Financial assistance and compensatory payments are only provided by the Confederation if:a. the measures comply with the forestry planning;b. the measures are necessary and appropriate;c. the measures satisfy the applicable technical, economic and ecological requirements;d. the other requirements of federal law are fulfilled;e. coordination with the public interests of other sectors is ensured;f. further maintenance is guaranteed.Art. 38a61 Attributable costs  1 For compensatory payments under Articles 39 paragraph 1 and 2 and 40 paragraph 1 letter c, costs are attributable only if they are in fact incurred and are directly required for the proper fulfilment of the task for which a contribution is due. They include the costs of planning, acquisition of land and implementation, as well as marking costs.2 Not attributable are in particular charges and taxes and costs that can be passed on to third parties who are significant beneficiaries or originators of damage.61 Inserted by No 1 5 of the O of 28 Jan. 2015 on the Amendment of Ordinance Law on the Environment, in particular with regard to the programme agreements for the Programme Period 2016–2019, in force since 1 Jan. 2016 (AS 2015 427).Section 2 Measures  Art. 3962 Protection against natural events   (Art. 36 ForA)1 Compensatory payments for the measures and the compilation of basic documentation on natural events are normally allocated on a global basis. The level of the global compensatory payments is negotiated between the FOEN and the canton concerned and is based on:a. the hazard and damage potential;b. the scope and the quality of the measures and of their planning.2 Compensatory payments may be awarded on a case by case basis, if the measures:a. have a supracantonal dimension;b. concern protected areas or objects listed in national inventories;c. require particularly complex or expert assessment due to the possible alternatives or for other reasons; ord. were unforeseeable.3 The contribution to the costs of the measures in accordance with paragraph 2 amounts to 35 to 45 per cent of the cost of the measures and is based on:a. the hazard and damage potential;b. the degree of implementation of a comprehensive risk assessment;c. the scope and the quality of the measures and of their planning.4 If a canton incurs considerable expenses due to exceptional protective measures, in particular following damage caused by bad weather, the contribution under paragraph 3 may be increased exceptionally to a maximum of 65 per cent of the cost of the measures.5 No compensatory payments are awarded for:a.63 measures required for the protection of buildings and installations which at the time of construction:1. were in already designated hazard zones or known hazard areas, and2. are not necessarily attached to that location;b. measures for the protection of tourist buildings and installations, such as cableways, ski lifts, ski runs or hiking trails, that are situated outside of the inhabited area.62 Amended by No I 3 of the O of 2 Feb. 2011 (Development of Programme Agreements in the Environment Sector), in force since 1 March 2011 (AS 2011 649).63 Amended by No 1 5 of the O of 28 Jan. 2015 on the Amendment of Ordinance Law on the Environment, in particular with regard to the programme agreements for the Programme Period 2016–2019, in force since 1 Jan. 2016 (AS 2015 427).Art. 40 Protective forest   (Art. 37 ForA)1 The level of the global compensatory payments awarded for measures required to enable the protective forest to fulfil its protective function is based on:a. hazard and damage potential;b. the number of hectares of the protective forest to be maintained;c. the scope and the planning of the infrastructure required for the maintenance of the protective forest;d. the quality of the services provided.2 The amount is negotiated between the FOEN and the canton concerned.3 The contribution awarded by ruling to the costs of projects resulting from exceptional natural events shall not exceed 40 per cent of the costs and shall be in accordance with paragraph 1 letters a, c and d.6464 Inserted by No I of the O of 17 Aug. 2016, in force since 1 Jan. 2017 (AS 2016 3215).Art. 40a65 Measures against forest damage outside the protective forest   (Art. 37a ForA)1 The amount of global financial assistance for measures to prevent and mitigate forest damage outside the protective forest is determined by:a. the degree of threat to forest functions; b. the number of hectares over which measures are taken;c. the quality of the services.2 The FOEN and the cantons concerned shall negotiate the amount.3 Financial assistance may be awarded in individual cases in which the measures were unforeseeable and particularly costly. The amount shall not exceed 40 per cent of the costs and is determined in accordance with paragraph 1 letters a and c.65 Inserted by No I of the O of 17 Aug. 2016, in force since 1 Jan. 2017 (AS 2016 3215). See also the transitional provisions to these amendments at the end of this text. Art. 40b66 Compensation of costs   (Art. 37b ForA)1 Compensation may be paid in cases of hardship if individuals are particularly badly effected and cannot be expected to meet the cost of the damage themselves.2 Applications for compensation are to be submitted, with reasons given, once the damage has been ascertained but no later than one year after the measures have been put in place by the competent cantonal authorities.3 No compensation is paid for loss of yield or immaterial damage.4 The Confederation shall reimburse the cantons between 35 and 50 per cent of the cost of compensation payments in accordance with the provision on global financial assistance in Article 40a.66 Inserted by No I of the O of 17 Aug. 2016, in force since 1 Jan. 2017 (AS 2016 3215).Art. 41 Biological diversity of the forest   (Art. 38 para. 1 ForA)671 The level of global financial assistance for measures that contribute to the maintenance and improvement of the biological diversity of the forest is based on:the number of hectares of forest reserves that are to be designated and maintained;b.68 ...c. the number of hectares of habitats to be maintained, in particular the forest margins, which provide habitat connectivity; d. the extent and quality of the measures for the promotion of animal and plant species, the conservation of which is a matter of priority for biological diversity;e.69 the number of hectares outside forest reserves to be designated as areas with a high proportion of old wood and deadwood or with sufficient trees demonstrating characteristics that are of particular value to biological diversity (biotope tree);f. the number of hectares of the forms of forest cultivation to be maintained, such as wooded pastures, coppices with standards and coppice forests and chestnut or walnut groves;g. the quality of the services provided.2 The amount is negotiated between the FOEN and the canton concerned.3 The financial assistance may only be allocated, if the protection of the ecological as listed under paragraph 1 letters a and c–f is guaranteed contractually or in any other suitable way.4 ... 7067 Amended by No 1 5 of the O of 17 Aug. 2016, with effect from 1 Jan. 2017  (AS 2016 3215).68 Repealed by No 1 5 of the O of 17 Aug. 2016, with effect from 1 Jan. 2017 (AS 2016 3215).69 Amended by No I of the O of 17 Aug. 2016, in force since 1 Jan. 2017 (AS 2016 3215).70 Repealed by No 1 5 of the O of 17 Aug. 2016, with effect from 1 Jan. 2017  (AS 2016 3215).Art. 4271 71 Repealed by No 1 5 of the O of 17 Aug. 2016, with effect from 1 Jan. 2017 (AS 2016 3215).Art. 43 Forest management72   (Art. 38a ForA)1 The level of global financial assistance for measures improve the cost-effectiveness of forest management is determined:a.73 for cantonal planning bases: by the size of the forest area in the canton and the size of forest area included in the plan or an impact assessment;b.74 for the improvement of management conditions in forestry operations: by the scale and quality of the optimisation measures planned and implemented by the canton;c. for the storage of wood in cases of exceptional wood supply: by the volume of wood that the market is temporarily unable to absorb;d. by the quality of the services provided;e.75 for promoting the training of forest workers: by the number of days attended on courses run by federally certified course providers; f.76 for the practical training of forestry specialists at university level: by the number of training days attended; g.77 for young forest maintenance: by the number of hectares of young forest requiring maintenance;h.78 for adapting forest stands specifically to changing climatic conditions: by the number of hectares over which measures are taken; i.79 for obtaining forest reproductive material: by the infrastructure and level of mechanisation in seed extractories and the number of tree species necessary for maintaining genetic diversity in the seed harvesting plantations; j.80 for adapting or reconstituting public infrastructure facilities: by the number of hectares of forest served by them.2 The amount is negotiated between the FOEN and the canton concerned.3 Global financial assistance for the improvement of the management conditions in forestry operations is only awarded if:a. the cooperation between or merging of enterprises is undertaken as a long-term measure;b. an economically significant volume of wood is harvested or marketed jointly; andc. business accounts are kept.4 Global financial assistance for young forest maintenance and for adapting forest stands specifically to changing climatic conditions shall only be awarded if the measures are in accordance with near-natural silviculture methods.815 Global financial assistance for obtaining forest reproductive material shall only be afforded if a construction project or operating concept including cost proposals and proof of funding has been approved by the canton.8272 Amended by No 1 5 of the O of 17 Aug. 2016, in force since 1 Jan. 2017 (AS 2016 3215).73 Amended by No I of the O of 17 Aug. 2016, in force since 1 Jan. 2017 (AS 2016 3215).74 Amended by No 1 5 of the O of 28 Jan. 2015 on the Amendment of Ordinance Law on the Environment, in particular with regard to the programme agreements for the Programme Period 2016–2019, in force since 1 Jan. 2016 (AS 2015 427).75 Inserted by No 1 5 of the O of 17 Aug. 2016, in force since 1 Jan. 2017 (AS 2016 3215).76 Inserted by No 1 5 of the O of 17 Aug. 2016, in force since 1 Jan. 2017 (AS 2016 3215).77 Inserted by No 1 5 of the O of 17 Aug. 2016, in force since 1 Jan. 2017 (AS 2016 3215).78 Inserted by No 1 5 of the O of 17 Aug. 2016, in force since 1 Jan. 2017 (AS 2016 3215).79 Inserted by No 1 5 of the O of 17 Aug. 2016, in force since 1 Jan. 2017 (AS 2016 3215).80 Inserted by No 1 5 of the O of 17 Aug. 2016, in force since 1 Jan. 2017 (AS 2016 3215). See also the transitional provisions to these amendments at the end of this text.81 Inserted by No 1 5 of the O of 17 Aug. 2016, in force since 1 Jan. 2017 (AS 2016 3215).82 Inserted by No 1 5 of the O of 17 Aug. 2016, in force since 1 Jan. 2017 (AS 2016 3215).Art. 44 Promotion of education and training   (Art. 39 ForA)1 ...832 The Confederation shall award financial assistance in compensation for the occupation-specific costs arising from the on-site practical training of forestry personnel in the form of a flat-rate payment of 10 per cent of the training costs of the schools for forest wardens and of the courses.3 The Confederation shall award financial assistance for the creation of teaching material for forestry personnel, on a case by case basis and amounting to a maximum of 50 per cent of the recognised costs.4 ...8483 Repealed by No 1 5 of the O of 17 Aug. 2016, with effect from 1 Jan. 2017  (AS 2016 3215).84 Repealed by No 1 5 of the O of 17 Aug. 2016, with effect from 1 Jan. 2017  (AS 2016 3215).Art. 45 Research and development   (Art. 31 ForA)1 The Confederation may award financial assistance to research and development projects that it has not commissioned itself, on a case by case basis and amounting to a maximum of 50 per cent of the project costs.2 It may award financial assistance to organisations for the promotion and coordination of research and development, on a case by case basis and equal to at most the funding provided by third parties, provided it receives an adequate right of co-decision in these organisations.Section 3  Procedure for Granting Global Compensatory Payments or Financial Assistance Art. 46 Application  1 The canton shall submit the application for global compensatory payments or financial assistance to the FOEN.2 The application shall contain details of:a. the programme objectives to be achieved;b. the measures probably required to achieve the objectives and their implementation;c. the effectiveness of the measures.3 In the case of measures that affect more than one canton, the cantons shall ensure the coordination of the applications with the other cantons concerned.Art. 47 Programme agreement  1 The FOEN shall enter into a programme agreement with the competent cantonal authority.2 The subject matter of the programme agreement is in particular:a. the strategic programme objectives to be jointly achieved;b. the services to be provided by the canton;c. the contribution to be paid by the Confederation;d. controlling.3 The programme agreement shall have a maximum term of four years.4 The FOEN shall issue guidelines on the procedure for programme agreements and on the information and documents required in connection with the subject matter of the programme agreement.Art. 48 Payment  Global compensatory payments or financial assistance are paid in instalments.Art. 49 Reporting and controlling  1 The canton shall provide the FOEN with a report each year on the use of the global subsidies.2 The FOEN shall control by random sample:a. the implementation of individual measures in accordance with the programme objectives;b. the use of the subsidies paid.Art. 50 Substandard fulfilment and non-intended use  1 The FOEN shall withhold the instalment payments during the programme in full or in part if the canton:a. fails to comply with its reporting obligation (Art. 49 para. 1);b. culpably causes serious disruption to its own services.2 If it becomes apparent after the programme that the services provided are substandard, the FOEN shall require the canton to rectify the defects; it shall allow the canton an appropriate period within which to do this.3 If installations or equipment for which financial assistance or compensatory payments have been provided are used for a purpose other than that intended, the FOEN may require the canton to arrange for the non-intended use to be stopped or reversed within a reasonable period.4 If the defects are not rectified or the non-intended use is not stopped or reversed, the recovery of the payments made is governed by Articles 28 and 29 of the Subsidies Act of 5 October 199085.85 SR 616.1Section 4  Procedure for Granting Compensatory Payments or Financial Assistance in Specific Cases Art. 51 Applications  1 Applications for compensatory payments or financial assistance in specific cases without the involvement of a canton must be submitted to the FOEN; all other applications must be submitted to the canton.2 The canton shall examine the applications that it receives and pass them on to the FOEN with a justified proposal, the cantonal authorisations already available and the cantonal decision on the subsidy.3 The FOEN shall issue guidelines on the information and documents required in connection with the application.Art. 52 Granting and payment of subsidies  1 The FOEN shall issue a ruling determining the amount of the compensatory payment or the financial assistance or shall enter into an agreement with the recipient of the subsidy.2 Payment of subsidies shall be dependent on the progress made with the measures.Art. 53 Substandard fulfilment and non-intended use  1 If, despite receiving a warning, a recipient, whose application for compensatory payments or financial assistance has been approved, fails to carry out the measures or carries them in a substandard manner, the compensatory payments or financial assistance shall not be paid out or shall be reduced.2 If compensatory payments or financial assistance have been paid out and if, despite receiving a warning, the recipient fails to carry out the measures or carries them out in a substandard manner, the recovery of the payments made is governed by Article 28 of the Subsidies Act of 5 October 199086.3 If installations or equipment for which compensatory payments or financial assistance have been paid out are not used for the intended purpose, the FOEN may require the canton to arrange for the non-intended use to be stopped or reversed within a reasonable period.4 If the non-intended use is not stopped or reversed, the recovery of the payments made is governed by Articles 28 and 29 of the Subsidies Act of 5 October 1990.86 SR 616.1Art. 54 Reporting and controlling  Article 49 applies by analogy to reporting and controlling.Art. 55–59 RepealedChapter 7 Investment Credits  Art. 60 Requirements  1 Investment credits shall be granted if:a. the investment is necessary and suitable to protect against natural events or for the maintenance and use of the forest; andb. the investment is required due to the applicant's financial circumstances.2 The applicant must be able to support the total financial burden.3 The applicant must exhaust his or her own financial resources and claim any contributions available from third parties.4 Investment credits may not be accumulated with credits granted under the Federal Act of 23 March 196287 on Agricultural Investment Credits and Business Subsidies or the Federal Act of 28 June 197488 on Investment Subsidies for Mountain Regions.5 The cantons are not entitled to credits for their own investments.6 ...8987 [AS 1962 1273, 1972 2699, 1977 2249 No I 961, 1991 362 No II 52 857  Annex No 27, 1992 288 Annex No 47 2104. AS 1998 3033 Annex let. f]88 [AS 1975 392, 1980 1798, 1985 387, 1991 857 Annex No 24, 1992 288  Annex No 43. AS 1997 2995 Art. 25]. See now: the FA of 6 Oct. 2006 on Regional  Policy (SR 901.0).89 Repealed by No I 21 of the O of 7 Nov. 2007 on the New System of Financial Equalisation and Division of Tasks between the Confederation and the Cantons, with effect from 1 Jan. 2008 (AS 2007 5823).Art. 61 Federal credits  1 The FOEN shall grant the canton global loans to cover the payment of investment credits. The loans shall be interest free and repayable over 20 years.2 The canton shall notify the FOEN each year of its probable borrowing requirements for the coming year.3 The available funds are allocated according to demand.9090 Amended by No I 21 of the O of 7 Nov. 2007 on the New System of Financial Equalisation and Division of Tasks between the Confederation and the Cantons, in force since  1 Jan. 2008 (AS 2007 5823).Art. 62 Applications   (Art. 40 para. 3 ForA)1 Applications for investment credits must be submitted to the canton.2 The following documents must be enclosed with each application:a. the general operational plan;b. the operating accounts;c. a report on the applicant's financial circumstances.3 Companies that are commercially contracted to maintain or use the forest must include the balance sheets and profit and loss accounts for the last two years in their application.Art. 63 Amount of credit and rate of interest   (Art. 40 para. 1 ForA)1 Investment credits shall be granted:a. as construction credits to cover up to 80 per cent of the construction costs;b.91 to fund the remaining costs of measures in accordance with the Articles 39, 40 and 43;c. to cover up to 80 per cent the purchase costs of forestry vehicles, machines and devices;d. to cover up to 80 per cent the costs of creating forestry installations.2 Investment credits are normally interest free. However, if the applicant can support the total financial burden, an appropriate rate of interest shall be charged.3 No loan shall be granted for less than 10,000 francs.91 Amended by No I 21 of the O of 7 Nov. 2007 on the New System of Financial Equalisation and Division of Tasks between the Confederation and the Cantons, in force since  1 Jan. 2008 (AS 2007 5823).Art. 64 Term, repayment, recovery   (Art. 40 ForA)1 Investment credits shall be repayable over a period of not exceeding 20 years.2 The repayment instalments are determined according to the nature of the measure and the financial circumstances of the borrower.3 Repayment begins:a. for investments under Article 63 paragraph 1 letters a and b, one year after completion of the project, but no more than five years after payment of the first instalment of the credit;b. for other investments, in the year following that in which the credit is paid.4 The borrower may repay all or part of the credit without notice at any time.5 ...926 Interest of 5 per cent shall be charged on arrears of credits or repayment instalments.92 Repealed by No I 21 of the O of 7 Nov. 2007 on the New System of Financial Equalisation and Division of Tasks between the Confederation and the Cantons, with effect from  1 Jan. 2008 (AS 2007 5823).Chapter 8 Final Provisions  Section 1 Implementation  Art. 65 Implementation by the Confederation   (Art. 49 ForA)1 DETEC is authorised to independently carry out operations arising from the implementation of the ForA.2 If the federal authorities apply other federal acts or agreements or decisions under international law which relate to the subject matter of this Ordinance, they also implement this Ordinance. Cooperation between the FOEN and the cantons is governed by Article 49 paragraph 2 ForA; statutory duties of confidentiality are reserved.9393 Inserted by No II 17 of the O of 2 Feb. 2000 (Coordination and Simplification of Decision-Making Procedures), in force since 1 March 2000 (AS 2000 703).Art. 66 Implementation by the cantons    (Art. 50 ForA)1 The cantons shall issue the implementing provisions to the ForA and to this Ordinance within five years of the Act coming into force.2 They shall inform the FOEN of any rulings and decisions on deforestation.9494 Inserted by No II 17 of the O of 2 Feb. 2000 (Coordination and Simplification of Decision-Making Procedures), in force since 1 March 2000 (AS 2000 703).Art. 66a95 Geoinformation  The FOEN shall determine the minimum geodata models and modelling for geobasis data in accordance with this Ordinance for which it is designated the competent federal authority in Annex 1 to the Ordinance on Geoinformation of 21 May 200896.95 Inserted by Annex 2 No 13 of the O of 21 May 2008 on Geoinformation, in force since  1 July 2008 (AS 2008 2809).96 SR 510.620Section 2 Repeal and Amendment of Current Legislation  Art. 67 Repeal of current legislation  The following are repealed:a. the Ordinance of 1 October 196597 on the Federal Supervision of the Forest Police;b. the Ordinance of 23 May 197398 on the Appointment of Senior Forestry Officers;c. the Ordinance of 28 November 198899 on Extraordinary Measures for the Conservation of Forest;d. Articles 2–5 the Ordinance of 16 October 1956100 on the Forest Plant Protection;e. the Federal Council Decree of 16 October 1956101 on the Origin and Use of Forest Reproductive Material and Forest Plants;f. the Ordinance of 22 June 1970102 on Investment Credits for the Forestry Sector in the Mountain Region.97 [AS 1965 861, 1971 1192, 1977 2273 No I 18.1, 1985 670 No I 3 685 No I 6 2022]98 [AS 1973 964, 1987 608 Art. 16 para. 1 let. e]99 [AS 1988 2057, 1990 874 No I, II]100 [AS 1956 1220, 1959 1626, 1977 2325 No I 19, 1986 1254 Art. 70 No 3, 1987 2538, 1989 1124 Art. 2 No 2, 1992 1749 No II 4. AS 1993 104 Art. 42 let. a]101 [AS 1956 1227, 1959 1628, 1975 402 No I 15, 1987 2540]102 [AS 1970 765, 1978 1819]Art. 68 Amendment of Current Legislation  ...103103 The amendments can be consulted under AS 1992 2538.Section 3 Commencement  Art. 69 1 This Ordinance, with the exception of Articles 60–64 and 67 letter f, comes into force on 1 January 1993.2 Articles 60–64 and 67 letter f come into force on 1 January 1994.Transitional Provision to the Amendment of 2 February 2000104 104 AS 2000 703Deforestation applications for works that are the responsibility of the cantons and which are pending on 1 January 2000 shall be governed by the previous law.Transitional Provision on the Amendment of 17 August 2016105 105 AS 2016 32151 Instead of the criterion stated in Article 40a paragraph 1, the amount of financial assistance awarded for measures to deal with forest damage outside the protective forest carried out before 31 December 2019 may be assessed according to the scope and quality of the measures.2 Instead of the criteria stated in Article 43 paragraph 1 letter j, the amount of financial assistance awarded for public infrastructure facilities adapted or reconstituted before 31 December 2024 may be assessed according to the scope and quality of the measures.106106 Amended by No I 2 of the O of 17 April 2019 on Amendments to Ordinances to take account of Changes to Programme Agreements in the Environment Field for the  Programme Period 2020–2024, in force since 1 Jan. 2020 (AS 2019 1487).Annex107 107 Repealed by No I 21 of the O of 7 Nov. 2007 on the New System of Financial Equalisation and Division of Tasks between the Confederation and the Cantons, with effect from 1 Jan. 2008 (AS 2007 5823).


text: 935.41 English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.Federal Act on Private Security Services provided Abroad(PSSA)of 27 September 2013 (Status as of 1 December 2021)The Federal Assembly of the Swiss Confederation,based on Articles 54 paragraph 1, 95 paragraph 1 and 173 paragraph 2 of the Federal Constitution1, and having considered the Federal Council Dispatch dated 23 January 20132,decrees:1 SR 1012 BBl 2013 1745Section 1 General Provisions  Art. 1 Aim  The aim of this Act is to contribute to:a. safeguarding the internal and external security of Switzerland;b. realising Switzerland’s foreign policy objectives;c. preserving Swiss neutrality;d. guaranteeing compliance with international law and, in particular, of human rights and of international humanitarian law.Art. 2 Scope of application  1 This Act applies to legal entities and business associations (companies) that engage in any of the following activities:a. provide, from Switzerland, private security services abroad;b. provide services in Switzerland in connection with private security services provided abroad;c. establish, base, operate, or manage a company in Switzerland that provides private security services abroad or provides services in connection therewith in Switzerland or abroad;d. exercise control from Switzerland over a company that provides private security services abroad or provides services in connection therewith in Switzerland or abroad.2 It applies to persons in the service of companies subject to the present Act.3 The provisions of this Act pertaining to companies also apply to natural persons exercising the activities designated in paragraphs 1 and 2.4 It also applies to federal authorities that contract with a company for the performance of protection tasks abroad.Art. 3 Exemptions from the scope of application  1 This Act does not apply to companies that provide, from Switzerland, in territories subject to the Agreement of 21 June 19993, between the Swiss Confederation, of the one part, and the European Community and its Member States, of the other, on the Free Movement of Persons or subject to the Convention of 4 January 19604 establishing the European Free Trade Association, any of the following private security services:a. the protection of persons;b. the guarding or surveillance of goods and properties;c. security services at events.2 It also does not apply to companies that:a. provide, in Switzerland, a service in connection with a private security service under paragraph 1;b. establish, base, operate, or manage in Switzerland a company that provides services under paragraph 1 or paragraph 2 letter a;c. exercise control, from Switzerland, over a company that provides services under paragraph 1 or paragraph 2 letter a.3 SR 0.142.112.6814 SR 0.632.31Art. 4 Definitions  In this Act:a. private security service means, in particular, the following activities carried out by a private company:1. the protection of persons in complex environments,2. the guarding or surveillance of goods and properties in complex environments,3. security services at events,4. the checking, detention, or searching of persons, searching of premises or containers, and seizure of objects,5. guarding, caring for, and transporting prisoners; operating prison facilities; and assisting in operating camps for prisoners of war or civilian detainees,6. operational or logistical support for armed or security forces, insofar as such support is not provided as part of a direct participation in hostilities as set out in article 8,7. operating and maintaining weapons systems,8. advising or training members of armed or security forces,9. intelligence activities, espionage, and counterespionage;b. service in connection with a private security service means:1 recruiting or training personnel for private security services abroad,2. providing personnel, directly or as an intermediary, for a company that offers private security services abroad;c. direct participation in hostilities means:direct participation in hostilities abroad in the context of an armed conflict within the meaning of the Geneva Conventions5 and the Protocols I and II6.5 SR 0.518.12;0.518.23; 0.518.42; 0.518.516 SR 0.518.521; 0.518.522Art. 5 Control over a company  1 A company exercises control over another company if it:a. directly or indirectly holds a majority of the votes in the highest decision-making body thereof;b. directly or indirectly holds the right to appoint or remove a majority of the members of the highest executive or management body thereof; orc. pursuant to the articles of incorporation, foundation charter, a contractual agreement, or similar instrument, is able to exert a controlling influence thereon.2 Business associations are considered to be controlled if:a. another company is a member with unlimited liability of that business association;b. the controlling company, as a general partner in the business association, contributes funds in an amount exceeding one third of the equity of the business association; orc. the controlling company furnishes the business association or the general partners thereof with reimbursable funds in an amount exceeding one half of the difference between the association’s assets and its liabilities towards third parties.Art. 6 Subcontracting  1 Where a company subcontracts the provision of a security service or of a service connected therewith to another company, it shall ensure that the other company performs that service in keeping with the constraints to which the subcontracting company is itself subject.2 The liability of the subcontracting company for harm caused by the other company is determined in accordance with the Code of Obligations7.7 SR 220Art. 7 Accession to the International Code of Conduct for Private Security Service Providers  1 Companies subject to Article 2 paragraphs 1, 3 and 4 must become signatories to the International Code of Conduct for Private Security Providers, in the version dated 9 November 2010 (Code of Conduct)8.2 The Federal Department to which the competent authority is subordinate may determine that an amendment to the Code of Conduct applies to matters governed by this Act, provided that such amendment is not contrary to the provisions of this Act.8 The International Code of Conduct for Private Security Service Providers may be consulted at the following Internet address: www.icoc psp.orgSection 2 Prohibitions  Art. 8 Direct participation in hostilities  1 It is prohibited:a. to recruit or train personnel in Switzerland for the purpose of direct participation in hostilities abroad;b. to provide personnel, from Switzerland, directly or as an intermediary, for the purpose of direct participation in hostilities abroad;c. to establish, base, operate, or manage, in Switzerland, a company that recruits, trains, or provides personnel, directly or as an intermediary, for the purpose of direct participation in hostilities abroad;d. exercise control, from Switzerland, over a company that recruits, trains, or provides personnel, directly or as an intermediary, for the purpose of direct participation in hostilities abroad.2 Persons who are domiciled, or have their habitual place of residence, in Switzerland and are in the service of a company that is subject to this Act shall be prohibited from directly participating in hostilities abroad.Art. 9 Serious violations of human rights  It is prohibited:a. to provide, from Switzerland, private security services or services in connection therewith if it may be assumed that the recipients will use the services in connection with the commission of serious human rights violations;b. to establish, base, operate, or manage, in Switzerland, a company that provides private security services, or services in connection therewith, if it may be assumed that the recipients will use the services in connection with the commission of serious violations of human rights;c. to exercise control, from Switzerland, over a company that provides private security services, or services in connection therewith, if it may be assumed that the recipients will use the services in connection with the commission of serious human rights violations.Section 3 Procedure  Art. 10 Declaration requirement  1 Any company intending to carry out an activity under Article 2 paragraph 1 shall declare to the competent authority, in particular, the following information:a. the nature, provider, and place of performance of the intended activity;b. such details on the principal and on the recipient of the service as are necessary for an evaluation of the situation;c. the personnel to be deployed for the intended activities, and the training they have received;d. an overview of the business sectors in which the company is active;e. proof of accession to the Code of Conduct9;f. the identity of all persons bearing responsibility for the company.2 For companies under Article 2 paragraph 1 letter d, the declaration requirement applies both to the company's own exercise of control and to the activities of the controlled company.3 If any significant change in circumstances occurs subsequent to the declaration, the company shall notify the competent authority without delay. The competent authority shall inform the company forthwith as to whether it may continue to carry out the activity in question.9 The International Code of Conduct for Private Security Service Providers may be consulted at the following Internet address: www.icoc psp.orgArt. 11 Requirement to refrain from activities  1 Until such time as the company has received from the competent authority notification or a decision pursuant to Articles 12–14, it shall refrain from carrying out the declared activities.2 Where the competent authority initiates a review procedure pursuant to Article 13, it may, by way of exception, release the company from its duty to refrain from activities for the duration of the procedure, if there is overriding public or private interest in doing so.Art. 12 Notification by the authority  The competent authority shall notify the company within fourteen days of receipt of the declaration as to whether the declared activity gives cause for initiating a review procedure at that time.Art. 13 Review procedure  1 The competent authority shall initiate a review procedure where:a. there are indications to suggest that the declared activity could be in conflict with the aims set out in article 1;b. a significant change in the circumstances relating to a declared activity has occurred subsequent to notification pursuant to article 12;c. it becomes aware of the exercise of an activity that has not been declared;d. it becomes aware of a violation of Swiss law or of international law.2 Where the competent authority becomes aware of the exercise of an activity that has not been declared, it shall inform the company of the initiation of a review procedure, and shall allow the company an opportunity to submit within ten days a statement in that regard. Article 11 paragraph 1 applies mutatis mutandis. 3 The competent authority shall consult with the authorities concerned. 4 It shall inform the company of the outcome of the review procedure within thirty days. This time limit may be extended as circumstances require.Art. 14 Prohibition by the competent authority  1 The competent authority shall prohibit in full or in part any activity that is contrary to the aims set out in Article 1. In the case of the following activities, in particular, conformity with those aims is subject to thorough review:a. private security services provided to, persons or companies and to foreign institutions in crisis or conflict regions;b. private security services, or a service in connection therewith, that may be of service to institutions or persons in the commission of human rights violations;c. operational or logistical support for foreign armed or security forces;d. services in the domain of military expertise in connection with a private security service;e. private security services, or a service in connection therewith, that may be of service to terrorist groups or criminal organisations;f. the establishment, basing, operating, management, or control of a company that provides such services as set out under the foregoing letters a-e.2 The competent authority shall prohibit in full or in part the exercise of an activity by a company that:a. has in the past committed serious human rights violations and has not taken sufficient precautions to ensure that there is no recurrence thereof;b. deploys personnel who do not possess the required training for the intended activity;c. does not comply with the provisions of the Code of Conduct10.3 The competent authority shall prohibit a company from subcontracting the providing of a private security service, or a service in connection therewith, where the company that is to provide that service fails to comply with the constraints set out in Article 6, paragraph 1.10  The International Code of Conduct for Private Security Service Providers may be consulted at the following Internet address: www.icoc psp.orgArt. 15 Exceptional authorisation  1 Where a manifest national interest clearly prevails, the Federal Council may by way of exception authorise an activity to which Articles 8 and 9 do not apply, but which would be subject to prohibition pursuant to Article 14.2 The competent authority shall submit the case to the Federal Council for a ruling.3 The Federal Council shall determine the necessary control measures.Art. 16 Coordination  1 Where a matter falls within the scope of this Act as well as within that of the War Material Act of 13 December 199611, the Control of Goods Act of 13 December 199612, or the Embargo Act of 22 March 200213, the authorities concerned shall determine which authority coordinates the procedure.2 That authority shall ensure that the procedure is conducted in as simple a manner as possible, and shall make certain that the company is informed of all results of the procedure within the statutory time limits.11 SR 514.5112 SR 946.20213 SR 946.231Art. 17 Fees  1 The Federal Council shall regulate the charging of cost-covering fees for:a. the review procedure under Article 13;b. prohibitions issued under Article 14;c. control measures under Article 19.2 For the rest, Article 46a of the Government and Administration Organisation Act of 21 March 199714 applies.14 SR 172.010Section 4 Oversight  Art. 18 Requirement to cooperate  Companies shall provide the competent authority with all the information required for the review of activities governed by this Act, and shall submit to it all the necessary documents.Art. 19 Oversight powers of the authority  1 Where a company attempts to influence the competent authority or fails to satisfy its requirement to cooperate, and where all efforts on the part of the competent authority to obtain the necessary information and documents remain fruitless, that authority may in the cases set out in Article 13 paragraph 1 take the following oversight measures:a. unannounced on-site inspection of company premises;b. examination of relevant documents;c. seizure of material.2 The competent authority may to that end call on the assistance of other federal authorities as well as cantonal and communal police forces.Art. 2015 15 Repealed by Annex No II 2 of the FA of 18 Dec. 2020 on the Processing of Personal Data by the FDFA, with effect from 1 Dec. 2021 (AS 2021 650; BBl 2020 1349).Section 5 Sanctions  Art. 21 Offences against statutory prohibitions  1 Any person who, in contravention of Article 8, carries out an activity in connection with direct participation in hostilities, or who directly participates in hostilities, is liable to a custodial sentence not exceeding three years or to a monetary penalty.2 Any person who carries out an activity in contravention of Article 9 shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.3 This provision does not preclude the prosecution of the person concerned under the Criminal Code16 or to the Military Criminal Code of 13 July 192717 for a more serious offence under those codes.16 SR 311.017 SR 321.0Art. 22 Offences against prohibitions by the competent authority  Any person who contravenes a prohibition issued by the competent authority pursuant to Article 14 is liable to a custodial sentence not exceeding one year, or to a monetary penalty.Art. 23 Offences against the declaration requirement or the requirement to refrain from activities  1 Any person who:a. violates Article 10 by failing to declare an activity;b. carries out, in full or in part, an activity in breach of the requirement to refrain from activities under Article 11 or Article 39 paragraph 2,is liable to a custodial sentence not exceeding one year, or to a fine.2 Where the act has been committed through negligence, a monetary penalty is imposed.Art. 24 Offences against the requirement to cooperate  1 Any person who:a. refuses to furnish information, to allow the examination of documents, or to grant access to premises pursuant to Article 18 or Article 19, paragraph 1;b. makes false statements,shall be liable to a fine not exceeding 100,00 francs.2 Where the act has been committed through negligence, a fine not exceeding 40,000 francs is imposed.3 Attempts and complicity are also offences.4 The right to prosecute is limited to a period of five years.Art. 25 Offences within a business undertaking  1 Article 6 of the Federal Act of 22 March 197418 on Administrative Criminal Law (ACLA) applies to offences committed within a business undertaking.2 Pursuant to Article 7 of ACLA, an investigation to identify the offenders may be dispensed with and the business undertaking may be ordered to pay the fine instead in cases in which:a. the identification of the persons criminally liable under Article 6 of ACLA necessitates investigative measures that would be disproportionate to the penalty incurred; andb. the penalty for the contraventions governed by this Act does not exceed 20,000 francs.18 SR 313.0Art. 26 Dissolution and liquidation  1 Where the activity of a legal entity, or of a general or limited partnership, contravenes a statutory or official prohibition, the competent authority may order the dissolution and liquidation of the legal entity or partnership concerned in accordance with the Federal Act of 11 April 188919 on Debt Enforcement and Bankruptcy.2 Where the business undertaking is a sole proprietorship, the competent authority may order the liquidation of the business assets and, as the case may be, deletion of the undertaking from the commercial register.3 The competent authority may confiscate any surplus resulting from the liquidation.19 SR 281.1Art. 27 Jurisdiction and requirement to report  1 Offences under this Act are subject to federal jurisdiction.2 The authorities competent for the implementation of this Act are subject to a requirement to report any infringements of which they obtain knowledge in the course of carrying out their official activities to the Office of the Attorney General of Switzerland.Section 6 Mutual Administrative Assistance  Art. 28 Mutual administrative assistance within Switzerland  1 The public authorities of the Confederation and of the cantons shall provide the competent authority with the information and personal data required for the enforcement of this Act.2 The competent authority shall disclose information and personal data to the following public authorities for the performance of their legal tasks:a. the federal and cantonal public authorities responsible for the enforcement of this Act;b. the public authorities responsible for enforcing the War Material Act of 13 December 199620, the Control of Goods Act of 13 December 199621, and the Embargo Act of 22 March 200222;c. the criminal authorities, insofar as the prosecution of felonies or misdemeanours is at issue;d. the federal and cantonal authorities responsible for maintaining internal security;e. the federal authorities responsible for foreign affairs and for maintaining external security;f. the cantonal authorities responsible for the licensing and oversight of private security services.20 SR 514.5121 SR 946.20222 SR 946.231Art. 29 Mutual administrative assistance between Swiss and foreign authorities  1 The competent authority may request foreign authorities to provide information and personal data required for the enforcement of this Act. To this end, it may disclose to them, in particular, information concerning:a. the nature, provider, principal, recipient, and place of performance of the activity;b. the sectors in which the company offering private security services abroad is active, and the identity of all persons who are responsible for the company.2 Where the foreign state grants reciprocity, the competent authority may disclose to it the information set out in paragraph 1, subject to the assurance from the foreign authority that the data:a. will be processed only for aims in conformity with this Act; andb. will be used in criminal proceedings only in accordance with the provisions on international mutual legal assistance.Section 7  Contracting of Security Companies by Federal Authorities Art. 30 Protection tasks  1 The Confederation is authorised to contract with companies that provide private security services for the performance of the following protection tasks abroad:a. the protection of persons;b. the guarding or surveillance of goods and properties.2 The federal authority that contracts with a company (contracting authority) shall consult with the competent authority under Article 38 paragraph 2 and with the Federal Department of Defence, Civil Protection, and Sport.Art. 31 Requirements with regard to the company  1 Prior to contracting with a company, the contracting authority shall ascertain that the company in question meets the following requirements:a. it is able to provide the required guarantees concerning the recruitment, training, and oversight of its personnel;b. its good reputation and irreproachable conduct in business are attested to both by its adherence to the Code of Conduct23 and compliance with the provisions therein and, in particular, by:1. experience in the field,2. references, or3. membership of a professional association;c. it is solvent;d. it has an adequate internal control system which ensures that its personnel comply with established standards of conduct and that disciplinary measures are taken where misconduct occurs;e. it is authorised under the applicable law to carry out activities in the domain of private security;f. it has liability insurance coverage in an amount commensurate with the risk incurred.2 The contracting authority may, by way of exception, contract with a company that does not possess liability insurance coverage, where:a. purchasing such insurance would engender disproportionate costs to the company; andb. the liability risk and the amount of any compensatory damages to be borne by the Confederation may be assessed as low.23  The International Code of Conduct for Private Security Service Providers may be consulted at the following Internet address: www.icoc psp.orgArt. 32 Training of personnel  1 The contracting authority shall ascertain that the security personnel of the company have received adequate training, commensurate with the protection task assigned to them and in accordance with applicable international and national law.2 Training shall cover, in particular, the following issues:a. respect for fundamental rights, personal privacy rights, and procedural law;b. the use of physical force and weapons when acting in self-defence or in situations of necessity;c. dealing with persons offering resistance or prepared to resort to violence;d. providing first aid;e. assessing health risks entailed in the use of force;f. combating corruption.3 The contracting authority may, by way of exception, contract with a company that does not fully meet the requirements set out in paragraphs 1 and 2, on condition that there is no other company that meets those requirements at the place at which the service is to be provided and that the protection task cannot otherwise be accomplished.4 In such a case, the maximum duration for which a contract may be concluded is six months. The contracting authority shall take measures to ensure that the company fulfils the requirements set out in paragraphs 1 and 2 within as short a time as possible. Such measures shall be stipulated in the contract.Art. 33 Identification of personnel  The contracting authority shall make certain that personnel are identifiable when acting in the exercise of their function.Art. 34 Arming of personnel  1 All personnel shall, as a general rule, be unarmed.2 Where the situation abroad requires that any personnel, by way of exception, carry a weapon so as to be able to react in self-defence or in a situation of necessity, the contracting authority shall specify this in the contract.3 The contracting authority shall ascertain that the personnel are in possession of the permits required under the applicable law.4 The weapons legislation of the place at which the protection task is to be performed applies.Art. 35 Use of force and other police measures  1 Where it is possible to accomplish a protection task only through the use of force or other police measures as defined in the Use of Force Act of 20 March 200824, the Federal Council may grant permission to do so even in situations other than those of self-defence or of necessity.2 The Federal Council shall make certain that the personnel have received the appropriate training.3 The law at the place of deployment applies.24 SR 364Art. 36 Subcontracting of protection tasks  The subcontracting of protection tasks is prohibited without the prior written consent of the contracting authority.Section 8 Reporting  Art. 37 1 The competent authority shall prepare a report on its activities, to be submitted to the Federal Council each year.2 The report shall be made public.Section 9 Final Provisions  Art. 38 Implementation provisions  1 The Federal Council shall enact provisions for the implementation of this Act. In particular, it shall determine:a. the specifics of the declaration procedure (art. 10);b.25 the list of particularly sensitive personal data and the categories of data to be processed under Article 28, as well as their retention periods;c. the required terms and conditions of contracts by a federal authority for the services of a company.2 It shall appoint the competent authority.25 Amended by Annex No II 2 of the FA of 18 Dec. 2020 on the Processing of Personal Data by the FDFA, in force since 1 Dec. 2021 (AS 2021 650; BBl 2020 1349).Art. 39 Transitional provision  1 Any activity subject to declaration under this Act, and which is being carried out at the time of the Act’s entry into force, must be declared to the competent authority within three months of the commencement date of this Act.2 Where the competent authority initiates a review procedure, it shall inform the company as to whether it must provisionally refrain, in full or in part, from carrying out the declared activity.3 Where the competent authority intends to prohibit an activity that is being carried out at the time of this Act’s entry into force, and which the company concerned plans to continue, the authority may grant the company a reasonable period of grace in order to achieve compliance with the statutory provisions.Art. 40 Referendum and commencement.  1 This Act is subject to an optional referendum.2 The Federal Council shall determine the commencement date.Commencement Date: 1 September 20152626 FCD of 24 June 2015.