1
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force. Ordinance on Forest (Forest Ordinance, ForO) of 30 November 1992 (Status as of 1 March 2015) Please note: this translation does not yet include the amendments of 1.1.2016 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: Chapter 1: Definition of Forest
Art. 1
Definition of forest
(Art. 2 para. 43)
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)
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)
1
Check dams are structures that hinder the natural flow of water and create a backwater.
AS 1992 2538 1 SR
921.0
2
SR 814.01
3
The references to the article and chapter headings relate to the corresponding articles of the ForA.
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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)
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 1979 (SPA)4, if the protection objective is compatible with forest conservation.
Art. 5
5
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 Environment6 (Federal Office) shall issue guidelines on the contents of a deforestation application.
Art. 6
7
If the Confederation is responsible for the deforestation permit, the cooperation between the Federal Office 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 Federal Office (Art. 6 para. 2 ForA) is determined, are all deforestation areas that: 4
SR 700
5
Amended by No II 17 of the Ordinance of 2 Feb. 2000 to the Federal Act on the Coordination and Simplification of Decision-Making Procedures of 18 June 1999
(AS 2000 703).
6
The designation of the administrative entity was amended according to Art. 16 para. 3 of the Publication Ordinance of 17 Nov. 2004 (SR 170.512.1).
7
Amended by No II 17 of the Ordinance of 2 Feb. 2000 to the Federal Act on the Coordination and Simplification of Decision-Making Procedures (AS 2000 703).
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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.
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 Federal Office shall keep statistics on the deforestation projects authorised by the Confederation and the cantons. The cantons shall make the necessary information available to the Federal Office.8
Art. 8
Compensation in kind
(Art. 7 para. 1) 9
1
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.
a10 Areas with increasing forest area (Art. 7 para. 2 let. a) The cantons shall designate areas with increasing forest area after consulting the Federal Office. Their boundaries shall be based on federal and cantonal surveys, in principle following topographical features and taking account of existing settlements and uses.
8
Inserted by No II 17 of the Ordinance of 2 Feb. 2000 to the Federal Act on the Coordination and Simplification of Decision-Making Procedures (AS 2000 703).
9
Amended by No I of the Ordinance of 14 June 2013, in force since 1 July 2013 (AS 2013 1983).
10 Inserted by No I of the Ordinance of 14 June 2013, in force since 1 July 2013 (AS 2013 1983).
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Art. 9
Conservation of arable land and areas of ecological or landscape value 11 (Art. 7 para. 2 let. b)12 1
Compensation in kind may be dispensed with in particular in the case of crop rotation areas.13 2
Areas of particular ecological value are, in particular: a. biotopes in accordance with Article 18 paragraph 1bis of the Federal Act of 1 July 1966 on the Protection of Nature and Cultural Heritage14; b. areas designated as nature protection areas in accordance with Article 17 SPA.15
3
Areas of particular landscape value are, in particular: a. Objects of national importance in accordance with the Ordinance of 10 August 197716 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 Confederation17;
c. Areas designated as landscape protection zones in accordance with Article 17 SPA.
a18 Dispensing with compensation for deforestation (Art. 7 para. 3 let. b) 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.
11 Amended by No I of the Ordinance of 14 June 2013, in force since 1 July 2013 (AS 2013 1983).
12 Amended by No I of the Ordinance of 14 June 2013, in force since 1 July 2013 (AS 2013 1983).
13 Amended by No I of the Ordinance of 14 June 2013, in force since 1 July 2013 (AS 2013 1983).
14
SR 451
15
SR 700
16
SR 451.11
17
[BS 1 3; AS 1988 352]. The specified provision now corresponds to Art. 147 of the Federal Constitution of the Swiss Confederation of 18 April 1999 (SR 101).
18 Inserted by No I of the Ordinance of 14 June 2013, in force since 1 July 2013 (AS 2013 1983).
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Art. 10
19
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: a. 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.20 2
The cantons shall monitor all compensatory measures and notify the Federal Office of the final approval of the works.
Section 2:
Declaration as Forest21
Art. 12
Ruling on declaration as forest22 (Art. 10 para. 1)23
1
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.
a24 Specification of static forest boundaries outside development zones (Art. 10 para. 2 let. b) Areas where the canton wants to prevent an increase in forest must be specified in the cantonal structure plan.
19 Repealed by No I of the Ordinance of 14 June 2013, with effect from 1 July 2013 (AS 2013 1983).
20 Amended by No I of the Ordinance of 14 June 2013, in force since 1 July 2013 (AS 2013 1983).
21 Amended by No I of the Ordinance of 14 June 2013, in force since 1 July 2013 (AS 2013 1983).
22 Inserted by No I of the Ordinance of 14 June 2013, in force since 1 July 2013 (AS 2013 1983).
23 Inserted by No I of the Ordinance of 14 June 2013, in force since 1 July 2013 (AS 2013 1983).
24 Inserted by No I of the Ordinance of 14 June 2013, in force since 1 July 2013 (AS 2013 1983).
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Section 3:
Motorised Vehicular Traffic (Art. 15 para 1)
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 hazards;
e.25 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.
Section 4:
Buildings and Installations in the Forest 26
a27 Forest structures and installations (Art. 2 para. 2 let. b and 11 para. 1) 1
Forest structures and installations, such as forest maintenance depots, covered wood fuel stores and forest roads may be constructed or altered with official permission in accordance with Article 22 SPA28.
2
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; and c. there is no overriding public interest in refusing permission.
3
Other requirements under federal or cantonal law also apply.
25 Amended by No II 61 of the Ordinance of 1 Dec. 1997, in force since 1 Jan. 1998 (AS 1997 2779).
26 Amended by No I of the Ordinance of 14 June 2013, in force since 1 July 2013 (AS 2013 1983).
27 Inserted by No I of the Ordinance of 14 June 2013, in force since 1 July 2013 (AS 2013 1983).
28 SR
700
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Art. 14
Consultation of the cantonal forest authority 29 (Art. 11 para. 1 and 16)30 1
The granting of permission for the construction of forestry buildings or installations in the forest in accordance with Article 22 SPA31 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.
Chapter 3: Protection against Natural Hazards
Art. 15
Basic documentation
1
The cantons shall compile the basic documentation required for protection against natural hazards, in particular hazard registers and hazard maps.
2
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 Federal Office on request and make then accessible to the general public in a suitable form.32
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 Federal Office on request, and are made accessible to the general public in a suitable form.33
29 Inserted by No I of the Ordinance of 14 June 2013, in force since 1 July 2013 (AS 2013 1983).
30 Inserted by No I of the Ordinance of 14 June 2013, in force since 1 July 2013 (AS 2013 1983).
31
SR 700
32 Inserted by No I 21 of the Ordinance 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 Ordinance of 21 May 2008 on Geoinformation, in force since 1 July 2008 (AS 2008 2809).
33 Inserted by No I 21 of the Ordinance of 7 Nov. 2007 on the New System of Financial Equalisation and Division of Tasks between the Confederation and the Cantons
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Art. 17
Securing of hazard areas (Art.
19)
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)
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.
(AS 2007 5823). Amended by Annex 2 No 13 of the Ordinance of 21 May 2008 on Geoinformation, in force since 1 July 2008 (AS 2008 2809).
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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.34
Art. 19
Silvicultural measures (Art.
20)
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. young growth maintenance, thicket maintenance and stem thinning in order to create stable stands; b. specific measures to maintain regrowth in selection forests, in other multilayered 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.
Art. 20
Clearcutting
(Art.
22)
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.
34 Inserted by No I 5 of the Ordinance 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).
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Section 2:
Forest Reproductive Material
Art. 21
Production and use
(Art.
24)
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 Federal Office.
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 Federal Office 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)
1
The import of forest reproductive material requires the authorisation of the Federal Office.
2
The authorisation is granted if: a. the forest reproductive material is appropriate for cultivation and its origin is confirmed by an official certificate; or b. 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 200835; the terms of reference of the present Ordinance are also applicable.36 3 The Federal Department of the Environment, Transport, Energy and Communications37 (Department) shall enact regulations on the issuing of export documents for forest reproductive material.
35 SR
814.911
36 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).
37 The designation of the administrative entity was amended according to Art. 16 para. 3 of the Publications Ordinance of 17 Nov. 2004 (SR 170.512.1).
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Art. 23
Business management
(Art.
24)
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 Federal Office shall control their business management. It may require the assistance of the cantons for this.
Art. 24
Technical provisions
1
The Department 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. 25
38 The exceptional use of environmentally hazardous substances in the forest is governed by the Ordinance on Chemical Risk Reduction of 18 May 2005.39 Art. 26-2740
Section 4:
Prevention and Remediation of Forest Damage
Art. 28
Prevention of forest damage (Art. 26 and 27 para. 1) The cantons shall take the following measures, in particular, against the causes of damage that could endanger forest conservation (forest damage): a. the erection of long-term technical installations for fire prevention; b. the purchase, operation, supervision and maintenance of devices and equipment such as beetle traps and trap trees to combat harmful organisms;
38 Amended by No II 21 of the Ordinance 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).
39 SR 814.81 40 Repealed by No II 21 of the Ordinance 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).
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c. carry out slash removal, including the destruction of the cleared material, if there is a risk of the propagation of harmful organisms or diseases; d. the reduction of the physical load applied to the soil.
Art. 29
Remediation of forest damage (Art. 26 and 27 para. 1) The cantons shall combat the effects of forest damage by: a. salvaging and, if necessary, removing damaged trees; b.41 stripping the bark or treating wood that poses a particular risk of propagating harmful organisms or diseases using plant protection products in accordance with the Plant Protection Products Ordinance of 18 May 200542, at the site where the wood is felled, if, exceptionally, it cannot be transported to a suitable site; c. carrying out slash removal and felling and destroying bark and branch material, if there is a risk of the propagation of harmful organisms or diseases;
d. clearing damaged young stands.
Art. 30
Coordination, information and advice (Art. 26 para. 3)
1
The Federal Office shall coordinate the cantonal measures for the prevention and remediation of forest damage in protective forests and in the case of forest disasters.43 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 organisms and other factors that may damage the forest; c. it advises the cantonal forestry services in matters of forest protection.
3
The WSL shall collaborate with the federal forest plant protection service.
4
In addition, the provisions of the Plant Protection Ordinance of 28 February 2001 44
apply.45
41 Amended by No II 21 of the Ordinance 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).
42 SR
916.161
43 Amended by No I of the Ordinance of 23 June 2004, in force since 1 Jan. 2005 (AS 2004 3447).
44 [AS
2001 1191, 2002 945, 2003 548 1858 4925, 2004 1435 2201, 2005 1103 1443 2603 Art. 8 No 2, 2006 2531, 2007 1469 Annex 4 No 55 2369 4477 No IV 69 4723 5823 No I 20, 2008 4377 Annex 5 No 13 5865, 2009 2593 5435, 2010 1057. AS 2010 6167 Art. 60 No 1]. See now: the Plant Protection Ordinance of 27 Oct. 2010 (SR 916.20).
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Section 5:
Damage caused by Game (Art. 27 para. 2)
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 measures for the improvement of the habitats (biotope conservation), the protection of the game against disturbance, the shooting of individual animals that cause damage and the implementation of a performance review.
3
The plan is a component of the forestry planning.
Chapter 5: Training and Basic Data46 Section 1: Basic Training and Continuing Education and Training
Art. 32
Forestry engineers
(Art. 29 para. 2)
1
The Federal Institutes of Technology (ETH) shall offer courses of study that build on the basic training of forestry engineers and lead to new qualifications (continuing education and training).
2
The Federal Office shall ensure, together with the ETH, the cantons and the forestry organisations, institutions, and professional associations that the knowledge and skills acquired during education and training is maintained, and that forestry engineers are introduced to new theoretical and practical advances (further training).
Art. 33
47
(Art. 29 para. 4 and 51 para. 2) 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 200248 45 Amended by Art. 51 No 3 of the Plant Protection Ordinance of 28 Feb. 2001, in force since 1. July 2001 (AS 2001 1191).
46 Amended by Annex 2 No 13 of the Ordinance of 21 May 2008 on Geoinformation, in force since 1 July 2008 (AS 2008 2809).
47 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).
48 SR
412.10
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(VPETA), the enactment or approval of regulations in the field of forestry education and training shall be subject to a hearing of the Federal Office.
Art. 34
Forestry workers
(Art.
30)
1
The cantons shall organise, together with agricultural and forestry organisations, specialised and technical courses for workers with no forestry training and for farmers.
2
The courses shall deal with questions of occupational safety, in particular.
Art. 35
Coordination and documentation (Art. 29 para. 1)
1
…49
2
The Federal Office shall operate a central coordination and documentation agency for measures concerning forestry education and training.
Section 2:
Eligibility for a Senior Position in the Public Forestry Service
Art. 36
Requirements
(Art. 29 para. 3 and 51 para. 2) Eligible for appointment as the manager of a forest district or another senior position in the federal and cantonal forestry services are persons who can provide proof of: a.50 possession of a degree in forestry from a Swiss university or a foreign degree that is recognised as equivalent;
b. successful completion of a forestry internship.
Art. 37
Forestry internship
1
The Federal Council shall appoint a Commission that shall organise the forestry internship and assess the professional skills of the graduates.51 2 The Department shall issue regulations on:52 a. admission to the forestry internship, its organisation and duration, the training objectives and the requirements for achievement of the internship certificate;
49 Repealed by No I 7.4 of the Ordinance of 9 Nov. 2011 (Review of Extra-Parliamentary Commissions), with effect from 1 Jan. 2012 (AS 2011 5227).
50 Amended by No I of the Ordinance of 13 Sept. 2006 (AS 2006 3865).
51 Amended by No I 7.4 of the Ordinance of 9 Nov. 2011 (Review of Extra-Parliamentary Commissions), in force since 1 Jan. 2012 (AS 2011 5227).
52 Amended by No I 7.4 of the Ordinance of 9 Nov. 2011 (Review of Extra-Parliamentary Commissions), in force since 1 Jan. 2012 (AS 2011 5227).
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b.53 … c. the qualifications and tasks of the teaching staff.
3
The cantons shall provide the required number of internship positions and ensure that interns receive appropriate remuneration.
Section 3:54 Surveys
a (Art. 33 and 34) 1
The Federal Office 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. by means of a long-term research programme, the pressure on the forest ecosystem.
3
It informs the authorities and the general public about these surveys.
Chapter 6:55 Financial Assistance (excluding Investment Credits) and Compensatory Payments Section 1: General Provisions (Art.
35)
Art. 38
General precondition for the awarding of federal aid (Art. 35 para. 2)
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; 53 Repealed by No I 7.4 of the Ordinance of 9 Nov. 2011 (Review of Extra-Parliamentary Commissions), with effect from 1 Jan. 2012 (AS 2011 5227).
54 Inserted by Annex 2 No 13 of the Ordinance of 21 May 2008 on Geoinformation, in force since 1 July 2008 (AS 2008 2809).
55 Amended by No I 21 of the Ordinance 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).
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e. coordination with the public interests of other sectors is ensured; f.
further maintenance is guaranteed.
Section 2:
Measures
Art. 39
56
36)
1
Compensatory payments for the measures and the compilation of basic documentation on natural hazards are normally allocated on a global basis. The level of the global compensatory payments is negotiated between the Federal Office 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; or
d. 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. measures required for the protection of new buildings and installations in high-risk areas;
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.
56 Amended by No I 3 of the Ordinance of 2 Feb. 2011 (Development of Programme Agreements in the Environment Sector), in force since 1 March 2011 (AS 2011 649).
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Art. 40
Protective forest
(Art.
37)
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 Federal Office and the canton concerned.
Art. 41
Biological diversity of the forest (Art. 38 para. 1 let. a-d) 1
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:
a. the number of hectares of forest reserves that are to be designated and maintained;
b. the number of hectares of young forest to be maintained; 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. the number of hectares outside forest reserves to be designated as areas with a high proportion of old wood and deadwood; 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 Federal Office 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
The financial assistance for young forest maintenance may only be allocated, if the measures take the requirements of near-natural silviculture into account.
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Art. 42
Production of forest reproductive material (Art. 38 para. 1 let. e) 1
The Confederation shall award financial assistance for the production of forest reproductive material, on a case by case basis and amounting to 30 to 50 per cent of the cost of the measures.
2
The financial assistance is awarded for: a. structural measures in seed extractories; b. the purchase of technical equipment, machines and devices for the production and processing of seeds;
c. the operation of seed plantations and seed procurement centres, which supply of certified seed.
3
The allocation of the financial assistance is confirmed when a building project or operational concept approved by a canton has been presented with a cost estimate and proof of finance.
Art. 43
Forestry sector
(Art.
38a)
1
The level of global financial assistance for measures improve the costeffectiveness of forest management is determined:
a.57 for interoperational planning bases: by the size of the forest area in the canton and the size of forest area included in the planning;
b. for the improvement of management conditions in forestry operations: by the scale of the joint wood harvesting and marketing planned in the form of cooperation between or merging of enterprises; 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.
2
The amount is negotiated between the Federal Office 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 longterm measure;
b. an economically significant volume of wood is harvested or marketed jointly; and
c. business accounts are kept.
57 Amended by No I 3 of the Ordinance of 2 Feb. 2011 (Development of Programme Agreements in the Environment Sector), in force since 1 March 2011 (AS 2011 649).
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Art. 44
Promotion of education and training (Art.
39)
1
The Confederation shall award financial assistance for the training of the teaching staff for the forestry internship under Article 37 and for their remuneration, as well as for the courses that form part of the internship, on a case by case basis and amounting to a maximum of 50 per cent of the recognised costs.
2
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
The Confederation shall award financial assistance for courses, course materials and the use of mobile training units for the education and training of forestry workers, on a case by case basis and amounting to a maximum of 50 per cent of the recognised costs.
Art. 45
Research and development (Art.
31)
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 codecision 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 Federal Office.
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.
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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 Federal Office 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 Federal Office 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 Federal Office with a report each year on the use of the global subsidies.
2
The Federal Office 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 Federal Office 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 Federal Office 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 Federal Office may require the canton to arrange for the non-intended use to be stopped or reversed within a reasonable period.
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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 199058.
Section 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 Federal Office; 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 Federal Office with a justified proposal, the cantonal authorisations already available and the cantonal decision on the subsidy.
3
The Federal Office shall issue guidelines on the information and documents required in connection with the application.
Art. 52
Granting and payment of subsidies 1
The Federal Office 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 Act59.
3
If installations or equipment for which compensatory payments or financial assistance have been paid out are not used for the intended purpose, the Federal Office 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.
58 SR
616.1
59 SR
616.1
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Art. 54
Reporting and controlling Article 49 applies by analogy to reporting and controlling.
Art. 55-59 Repealed Chapter 7: Investment Credits
Art. 60
Requirements
1
Investment credits shall be granted if: a. the investment is necessary and suitable to protect against natural hazards or for the maintenance and use of the forest; and b. 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 196260 on Agricultural Investment Credits and Business Subsidies or the Federal Act of 28 June 197461 on Investment Subsidies for Mountain Regions.
5
The cantons are not entitled to credits for their own investments.
6
…62
Art. 61
Federal credits
1
The Federal Office 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 Federal Office each year of its probable borrowing requirements for the coming year.
3
The available funds are allocated according to demand.63 60
[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] 61
[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 Federal Act of 6 Oct. 2006 on Regional Policy (SR 901.0).
62 Repealed by No I 21 of the Ordinance 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).
63 Amended by No I 21 of the Ordinance 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).
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Art. 62
Applications
(Art. 40 para. 3)
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)
1
Investment credits shall be granted: a. as construction credits to cover up to 80 per cent of the construction costs; b.64 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.
Art. 64
Term, repayment, recovery (Art.
40)
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.
64 Amended by No I 21 of the Ordinance 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).
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5
…65
6
Interest of 5 per cent shall be charged on arrears of credits or repayment instalments.
Chapter 8: Final Provisions Section 1: Implementation
Art. 65
Implementation by the Confederation (Art.
49)
1
The Department 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 Federal Office and the cantons is governed by Article 49 paragraph 2 ForA; statutory duties of confidentiality are reserved.66
Art. 66
Implementation by the cantons (Art.
50)
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 Federal Office of any rulings and decisions on deforestation.67
a68 Geoinformation
The Federal Office 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 200869.
65 Repealed by No I 21 of the Ordinance 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).
66 Inserted by No II 17 of the Ordinance of 2 Feb. 2000 to the Federal Act on the Coordination and Simplification of Decision-Making Procedures (AS 2000 703).
67 Inserted by No II 17 of the Ordinance of 2 Feb. 2000 to the Federal Act on the Coordination and Simplification of Decision-Making Procedures (AS 2000 703).
68 Inserted by Annex 2 No 13 of the Ordinance of 21 May 2008 on Geoinformation, in force since 1 July 2008 (AS 2008 2809).
69 SR
510.620
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Section 2:
Repeal and Amendment of Current Legislation
Art. 67
Repeal of current legislation The following are repealed: a. the Ordinance of 1 October 196570 on the Federal Supervision of the Forest Police;
b. the Ordinance of 23 May 197371 on the Appointment of Senior Forestry Officers;
c. the Ordinance of 28 November 198872 on Extraordinary Measures for the Conservation of Forest; d. Articles 2-5 the Ordinance of 16 October 195673 on the Forest Plant Protection;
e. the Federal Council Decree of 16 October 195674 on the Origin and Use of Forest Reproductive Material and Forest Plants; f.
the Ordinance of 22 June 197075 on Investment Credits for the Forestry Sector in the Mountain Region.
Art. 68
Amendment of Current Legislation …76
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.
Final Provision on the Amendment of 2 February 200077 Deforestation 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.
70
[AS 1965 861, 1971 1192, 1977 2273 No I 18.1, 1985 670 No I 3 685 No I 6 2022] 71
[AS 1973 964, 1987 608 Art. 16 para. 1 let. e] 72
[AS 1988 2057, 1990 874] 73
[AS 1956 1220, 1959 1626, 1977 2325 No I 19, 1986 1254 Art. 70 No 3, 1987 2529, 1989 1124 Art. 2 No 2, 1992 1749 No II 4. AS 1993 104 Art. 42 let. a] 74
[AS 1956 1227, 1959 1628, 1975 402 No I 15, 1987 2531] 75
[AS 1970 765, 1978 1819] 76 The amendments may be consulted under AS 1992 2538.
77 AS
2000 703
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Annex78
78 Repealed by No I 21 of the Ordinance 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).