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Ordinance
on Forest
(Forest Ordinance, ForO)

English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.

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 921.0

2SR 814.01

Chapter 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.
Art. 5 Deforestation application, publication and consultation 4  

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. 6 Cooperation between the federal authority and the cantons 7  

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.8

8 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)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.

9 Amended by No I of the O of 14 June 2013, in force since 1 Ju­ly 2013 (AS 2013 1983).

Art. 8a Areas with increasing forest area 10  

(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)11

1 Com­pens­a­tion in kind may be dis­pensed with in par­tic­u­lar in the case of crop ro­ta­tion areas.12

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 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).

13SR 451

14SR 700

15[AS 1977 1962, 1983 1942, 1996 3264, 1998 788, 2010 1593An­nex No 2. AS 2017 2815Art. 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. 9a Dispensing with compensation for deforestation 17  

(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:19

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 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 Forest 21

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)22

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.

22 In­ser­ted by No I of the O of 14 June 2013, in force since 1 Ju­ly 2013 (AS 2013 1983).

Art. 12a Specification of static forest boundaries outside development zones 23  

(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 (AS1997 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. 13a Forest structures and installations 26  

(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 SPA27.28

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.

26 In­ser­ted by No I of the O of 14 June 2013, in force since 1 Ju­ly 2013 (AS 2013 1983).

27 SR 700

28 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)29

1 The grant­ing of per­mis­sion for the con­struc­tion of forestry build­ings or in­stall­a­tions in the forest in ac­cord­ance with Art­icle 22 SPA30is 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).

30SR 700

Chapter 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.31

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 FOEN on re­quest and make then ac­cess­ible to the gen­er­al pub­lic in a suit­able form.32

31 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.33

33 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.34

34 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; 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 200836; the terms of ref­er­ence of the present Or­din­ance are also ap­plic­able.37

3 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 814.911

37 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 814.81

Art. 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. 28 Principles 43  

(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 201844.45

43 Amended by No I of the O of 17 Aug. 2016, in force since 1 Jan. 2017 (AS 2016 3215).

44 SR 916.20

45 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. 29 Prevention and remediation of forest damage 46  

(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. 30 Coordination, information and advice 47  

(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.48

3 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 Data 49

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. 32 Theoretical and practical basic and continuing education and training 50  

(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. 33 Forestry personnel 51  

(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 412.10

Art. 34 Worker safety 53  

(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)

154

2 The FOEN shall op­er­ate a cent­ral co­ordin­a­tion and doc­u­ment­a­tion agency for meas­ures con­cern­ing forestry edu­ca­tion and train­ing.

54 Re­pealed by No I 7.4of 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 7.4of the O of 17 Aug. 2016, with ef­fect from 1 Jan. 2018 (AS 2016 3215).

Section 3 Surveys56

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 4 Timber Production58

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 6 Financial Assistance (excluding Investment Credits) and Compensatory Payments59

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 Provisions 60

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. 38a Attributable costs 61  

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. 39 Protection against natural events 62  

(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; 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.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, and
2.
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.64

64 In­ser­ted by No I of the O of 17 Aug. 2016, in force since 1 Jan. 2017 (AS 2016 3215).

Art. 40a Measures against forest damage outside the protective forest 65  

(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. 40b Compensation of costs 66  

(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)67

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:

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 ... 70

67 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 management 72  

(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; and
c.
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.81

5 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.82

72 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 ...83

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 ...84

83 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.

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 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.

Art. 54 Reporting and controlling  

Art­icle 49 ap­plies by ana­logy to re­port­ing and con­trolling.

Art. 5559  

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 events 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 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 ...89

87[AS 1962 1273, 1972 2699, 1977 2249No I 961, 1991 362No II 52 857 An­nex No 27, 1992 288An­nex No 47 2104. AS 1998 3033An­nex let. f]

88[AS 1975 392, 1980 1798, 1985 387, 1991 857An­nex No 24, 1992 288An­nex No 43. AS 1997 2995Art. 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.90

90 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 ...92

6 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.93

93 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.94

94 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. 66a Geoinformation 95  

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 510.620

Section 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 2273No I 18.1, 1985670No I 3 685 No I 6 2022]

98[AS 1973 964, 1987 608Art. 16 para. 1 let. e]

99[AS 1988 2057, 1990 874No I, II]

100[AS 1956 1220, 1959 1626, 1977 2325No I 19, 1986 1254Art. 70 No 3, 1987 2538, 1989 1124Art. 2 No 2, 1992 1749No II 4. AS 1993 104Art. 42 let. a]

101[AS 1956 1227, 1959 1628, 1975 402No I 15, 1987 2540]

102[AS 1970 765, 1978 1819]

Art. 68 Amendment of Current Legislation  

...103

103 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 2000 104

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.

Transitional Provision on the Amendment of 17 August 2016 105

1 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.106

106 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).

Annex 107

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).

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