Use of Swiss airspace

1. Principle and Definitions

¹ The use of Swiss airspace by aircraft or ballistic missiles is permitted within the limits of this Act, federal legislation in general and international agreements between Switzerland.

² Aircraft refers to flying aircraft that can be sustained in the atmosphere by air reactions other than air reactions on the ground surface (air-cushion vehicles).

³ Ballistic devices are flying machines that are not aircraft.

⁴ The service of air navigation refers to the services that guarantee a safe, orderly and smooth operation of air traffic.

2. Aircraft and Ballistic Devices Allowed to circulate

¹ Are allowed to circulate in Swiss airspace, subject to para. 2:

A.

Swiss State aircraft;

B.

Aircraft registered in the Swiss service register in accordance with Art. 52 and carry the certificates required by s. 56;

C.

Aircraft of special categories to which special rules apply (s. 51 and 108);

D.

Foreign aircraft authorized to use Swiss airspace under international agreements;

E.

Aircraft authorised to use Swiss airspace pursuant to a special decision of the Federal Office of Civil Aviation (OFAC) ² ).

² The Federal Council may exclude from the traffic in Swiss airspace special categories aircraft in order to safeguard aviation safety or for reasons relating to the protection of the environment, or to admit them to Condition that appropriate bodies, public or private, carry out the monitoring tasks.

³ The Federal Council lays down specific requirements concerning ballistic missiles.

II. Supervision of the Confederation

1. Federal Authorities

¹ The supervision of aviation throughout the territory of Confederation is the responsibility of the Federal Council within the competence of the Confederation. It is operated by the Federal Department of the Environment, Transport, Energy and Communication (DETEC). ¹ ). ... ² . ³

² To carry out immediate monitoring, a special division of the DETEC, OFAC, is established.

³ The Federal Council sets out the more detailed requirements, in particular those concerning the fees to be collected.

1 A . International agreements

¹ The Federal Council may conclude international agreements:

A.

International air traffic;

B.

On the safety of aviation;

C.

On the air navigation service;

D.

On the exchange of aeronautical data.

² Agreements on aviation safety and air navigation service agreements may include:

A.

Provisions on surveillance, which may be subject to sanctions;

B.

Provisions on the delegation of certain areas or supervisory powers to international bodies.

³ Air navigation service agreements may:

A.

Understanding liability provisions for damage resulting from the provision of air navigation services; these provisions may derogate from the liability law of 14 March 1958 ² ;

B.

Provide that the air navigation service may cover transboundary areas.

⁴ If the Confederation is required, pursuant to an agreement on the air navigation service, to pay compensation for damage caused by a Swiss air navigation service provider in an unlawful manner, it may institute proceedings against the Action against it.

1 B . Working with foreign authorities ³

The OFAC may conclude administrative and technical cooperation agreements with foreign aeronautical authorities or international bodies, in particular in the following areas: ⁴

A.

Surveillance of aviation companies ⁵ ;

B.

Air navigation service ⁶ ;

C.

Search and rescue;

D. ⁷

Monitoring of aircraft production, airworthiness and maintenance;

E. ⁸

Delegation of certain supervisory skills;

F. ⁹

Electronic flight simulators and other electronic coaches;

G. ¹⁰

Training, admission and supervision of aviation personnel;

H. ¹¹

Processing of aeronautical data, including their exchange.

2. Delegation of monitoring

¹ The OFAC may delegate certain areas or supervisory powers to the Aerodrome Directorates and, subject to their agreement, to the cantons, municipalities or appropriate organisations and persons. ²

² The governments of the cantons concerned shall be heard before any delegation to the municipal authorities.

3. ...

4. Recourse

¹ Decisions based on this Act and its implementing provisions are subject to recourse in accordance with the general provisions of the federal procedure. ²

² ... ³

5. Appendices to the Chicago Convention and European Cooperation

¹ The Federal Council may exceptionally declare directly applicable certain annexes, including the relevant technical requirements, of the Convention of 7 December 1944 on international civil aviation ² It may, for these provisions, prescribe a particular publication mode and decide that annexes or parts of annexes will not be translated.

² The Federal Council may also apply this regulation to the technical requirements laid down in the framework of cooperation between European aeronautical authorities.

6. Fees

¹ OFAC collects emoluments for its decisions and benefits.

² The Federal Council fixes the amount of the fees.

III. Restrictions on aviation

1. Circulate Prohibitions

In the interests of public order and security or for military reasons, the Federal Council may prohibit or restrict in a temporary or permanent way the use of Swiss airspace or overflight of certain areas.

2. Obligation to operate an aerodrome, field landings ²

¹ Aircraft can only take off or land on airfields. ³

² The Federal Council regulates:

A.

The conditions under which aircraft are authorized to take off or land outside airfields (field landing);

B.

The construction and facilities allowed to allow or facilitate the landing in the field; the land use law and the law of construction must be respected. ⁴

³ Mountain landings for the training and training of pilots and for the transport of persons for tourist purposes can only take place on designated landing places designated by the DETEC, with the agreement of the Department Federal Ministry of Defence, Population and Sports Protection (DDPS) and the competent cantonal authorities. ⁵

⁴ The number of these landing places will be limited and areas of silence will be developed.

⁵ In derogation from para. 3, the OFAC may, for important reasons and agreement with the competent cantonal and communal authorities, authorise short-term exceptions. ⁶

⁶ The Federal Council lays down special requirements for mountain landings designed to improve the training of persons serving Swiss rescue organisations.

⁷ The OFAC may prescribe airspace or air routes for mountain landings. It shall, in advance, consult the governments of the cantons concerned. ⁷

2 A Structure of the airspace

¹ The OFAC establishes the airspace structure.

² Appeals against the airspace structure have no suspensive effect.

3. Customs Aerodromes

¹ Aircraft that travel to or from abroad can only fly or land on the customs aerodromes.

² Exceptionally, the Customs Branch may, in agreement with the OFAC, authorize the use of another place.

4. Border Crossing

The OFAC may fix, in agreement with the Customs Branch, the points between which the border should not be crossed.

IV. Applicability of Site Laws

¹ The airspace over Switzerland is subject to Swiss law.

² For foreign aircraft, the Federal Council may admit exceptions if the provisions on civil liability and the criminal provisions of this Law are not affected.

³ Swiss law is applicable on board Swiss aircraft abroad, as the law of the State in which or above which the aircraft are located does not apply in a peremptory manner.

⁴ The provisions of international conventions, the recognized rules of international law and the provisions of this Law on the applicability of penal provisions in respect of the place are reserved in all cases.

I. Abuse of Aircraft

¹ Any use of Swiss airspace which is incompatible with the objectives of the Convention of 7 December 1944 on international civil aviation ² Is prohibited.

² This provision also applies by analogy to foreign use:

A.

Swiss aircraft;

B.

Foreign aircraft by an operator whose head office or permanent residence is located in Switzerland.

II. Additional requirements

1. Jurisdiction

¹ The Federal Council lays down police requirements, in particular to ensure the safety of aviation, in order to prevent attacks, to combat noise, air pollution and other harmful or inconveniences caused by Aircraft operations.

² It also lays down requirements to protect nature.

³ The governments of the cantons concerned must be heard before provisions are enacted to prevent attacks on aerodromes.

2. Permissions

The Federal Council may rely on OFAC authorization, in particular, parachute descents, captive balloons, public aviation events, acrobatic flights, and acrobatic demonstrations on Aircraft.

3. Prohibitions

¹ Supersonic flights are banned in Swiss airspace.

² Subject to exceptions to be determined by the Federal Council, it is prohibited to throw objects from an aircraft in flight.

³ The Federal Council may prohibit, or make dependent on, the authorization of OFAC, aerial photographic views and their publication, advertising and propaganda using aircraft, and the transport of certain objects by air.

4. Special Measures

Special police measures, in particular to ensure aviation safety ² And combat aircraft noise, are taken by the OFAC at the time of granting an authorisation or by a particular decision.

5. Inspection

The monitoring bodies shall at all times have the right to inspect the aircraft and their contents, as well as to verify all documents to be fitted.

6. Forced Landing

¹ If an aircraft in distress is to land outside an authorized aerodrome, the commanding officer will request, after landing, instructions from the air police authority through local authorities.

² Until the arrival of these instructions, the aircraft, its occupants and its contents remain under the supervision of the local authorities.

III. Obligation to land ¹

¹ Any aircraft may be required to land for reasons of public order and safety. He must immediately obey the signals giving him the order to land.

² Any aircraft operating without the right of Swiss airspace must land at the nearest customs airport to be subject to the control of the competent authorities. It remains in receivership until the authorization to circulate has been given by the OFAC.

IV. Flights outside Canada

¹ The OFAC may restrict or prohibit flights of Swiss aircraft abroad where the security of the operation requires it; this provision shall apply to flights operated by foreign aircraft for which the operator has its principal place of business or Permanent residence in Switzerland.

² If political reasons require action within the meaning of para. 1, the OFAC adopts them, with the agreement of the relevant Directorates of the Federal Department of Foreign Affairs.

Training of foreign aircrew and maintenance of foreign aircraft

The OFAC may, with the agreement of the relevant Directorates of the Federal Department of Foreign Affairs, prohibit the training of foreign seagoing personnel as well as the maintenance and rehabilitation of foreign flying machines, where Imperious foreign policy considerations demand it.

VI. System of Special Events Reporting

¹ In order to improve aviation safety, the Federal Council establishes a system of special event reporting. Art. 23, para. 1 applies to aviation accidents and serious incidents. ²

² To this end, the Federal Council is inspired by Directive 2003 /42/EC of the European Parliament and of the Council of 13 June 2003 on the reporting of events in civil aviation ³ .

³ The Federal Council may provide for the waiver of the commencement of criminal proceedings against the authors of the proceedings.

VII. Air Police ¹

¹ The exercise of the air police is carried out by the bodies designated by the Federal Council.

^1bis Personnel responsible for security duties on board may, if required by its mandate and in so far as the interests to be protected justify it, make use of coercion and police measures. The Law of 20 March 2008 on the Use of Restraint ² Is applicable. ³

² The general powers of the Confederation and the Cantons shall be reserved for the aerodromes and the other parcels of territory used in the service of aviation.

VIII. Aviation accidents and serious incidents

1. Aircraft Rescue and Removal Service ¹

The OFAC may adopt provisions on the organisation of the rescue service in the event of aircraft accidents.

2. First Steps

¹ Aircraft personnel, air police agencies and local authorities who are involved in an aviation accident or a serious incident must immediately announce it to the DETEC. ²

² The local authorities shall ensure that, with the exception of the necessary rescue measures, no change in the nature of the investigation shall be made at the scene of the accident.

3. Investigations

A. General

¹ An investigation is being conducted to elucidate the circumstances, the conduct and causes of any aviation accident or serious incident.

² The purpose of the investigation is to prevent similar accidents. It is not intended to establish fault or liability.

B. Investigation Service

¹ The Federal Council establishes an investigative service.

² The investigation service, independent of the administrative authorities, is attached to the DETEC.

³ The Federal Council appoints the members of the investigation department. These individuals must be independent specialists.

⁴ Management recruits other collaborators of the service.

⁵ The Federal Council regulates the organisation of the service. It may bring this body together with the investigative service referred to in s. 15 A Federal Act of 20 December 1957 on the railways ² .

C. Procedure

¹ The Investigation Service prepares a report for each investigation. This report is not a decision and cannot be appealed.

² In order to clarify the facts, the investigative unit may order the following:

A.

The summons to appear from any person who may provide useful information;

B.

Search;

C.

The receiver;

D.

Medical examinations, blood tests or urinalysis;

E.

Autopsy;

F.

The operation of data collected by recording devices;

G.

The realization of expertise.

³ If the rights or obligations of individuals are affected, the investigation department makes a decision. Subject to provisions contrary to this Law, the Federal Act of 20 December 1968 on Administrative Procedure ² Is applicable.

⁴ Decisions rendered in the course of the investigation may be subject to opposition before the investigation service within ten days.

⁵ The survey service manages a quality assurance system. In particular, management shall ensure that the depositions of all those involved are duly taken into account.

⁶ The Federal Council regulates the procedure, in particular as regards coercive measures and the publication of reports.

D. Fees

¹ Where another authority finds in a binding decision that a person has caused the event intentionally or by gross negligence, the investigation service may charge a portion of the costs of the investigation. The Federal Council regulates the calculation of fees. It takes into account the seriousness of the fault in this regard.

² The cost of removal is the responsibility of the operator of the aircraft, even when the removal was ordered for the purposes of the investigation.

³ The township on whose territory the event occurred bears the cost of monitoring the premises.

IX. Commercial Air Transport

1. Enterprises in Switzerland

A. Operating authorization

¹ Companies in Switzerland that transport persons or goods by aircraft for commercial purposes must have an operating authorization from the OFAC. The Federal Council decides to what extent these companies must belong to the Swiss and be controlled by the Swiss.

² The authorization is issued if, for the intended type of operation, the business meets the following conditions:

A. ²

Have the necessary aircraft, registered in the Swiss service register, as well as the necessary user charges on the aerodrome as a basis for the operation of the flights;

B.

Have the professional qualifications and an organisation guaranteeing the safety and operation of aircraft as environmentally friendly as possible;

C.

Have the necessary economic capacity and have reliable financial management and accounting;

D.

Be sufficiently secure;

E.

Use aircraft conforming to current technical standards and the agreed minimum international standards for noise protection and the emission of harmful substances.

³ The authorization can be changed or canceled. ³

⁴ The Federal Council determines the type of operation and the conditions attached to it. In duly substantiated cases, it may provide for derogations from the conditions listed in para. 2, let. A.

B. Road Grant

¹ Companies in Switzerland who regularly transport people or goods on airlines must hold a road concession. The grant shall be granted only to undertakings already authorised to operate under Art. 27.

² Before granting a lease, the OFAC considers, in particular, whether the flights are in the public interest and take into account the service of the national airports. ²

³ The concession may be issued for the operation of one or more lines. Its duration of validity is limited. The grant may be renewed, amended or cancelled.

⁴ The Federal Council sets out the conditions under which the concessionaire may, on an exceptional basis, operate flights by other air transport undertakings. The concessionaire shall remain liable to the Confederation for the fulfilment of the obligations arising out of the concession. Obligations under s. 27 and 29 are the responsibility of the undertaking carrying out the flights.

⁵ The Federal Council regulates in particular the procedure for granting the concession and specifies the content and extent of the obligations in terms of schedule, operation, transport and tariffs.

⁶ The governments of the cantons concerned and the public transport undertakings whose interests are affected must be consulted before a decision is taken on a request for a concession.

2. Foreign-based businesses

A. Operating authorization

¹ Foreign businesses that transport persons or goods by aircraft for commercial purposes must be authorized by the OFAC, unless otherwise provided by international treaties.

^1bis The OFAC may delegate to the aerodrome operator, subject to its agreement, the competence to issue certain authorisations in the event of an emergency. ²

² The authorization is issued under the following conditions:

A.

The company guarantees safety and exploitation as environmentally friendly as possible, in line with minimum international standards;

B.

Is subject to adequate monitoring;

C.

There is no overriding Swiss interest.

³ The authorisation may be refused if the State concerned does not allow Swiss undertakings to transport persons or goods for commercial purposes under equivalent conditions.

⁴ The authorization can be changed or canceled. ³

B. Road Grant

¹ Foreign companies that regularly transport people or goods on airlines must hold a road concession. The grant shall be granted only to undertakings already authorised to operate under Art. 29.

² The OFAC grants the concession if the conditions laid down in the international treaties are met.

³ The Federal Council sets the conditions for the DETEC to grant traffic rights to foreign companies in the event of a lack of international regulation. In granting these rights, it is necessary, in particular, to ensure that reciprocity is guaranteed.

⁴ For the conclusion of bilateral and multilateral agreements, the Confederation ensures the use of "multiple designations".

3. Common provisions

A. Delineate line traffic

The Federal Council shall limit the traffic of lines to the remaining commercial traffic.

B. Cabotage

Commercial transport of persons or goods between two points of Swiss territory is, in principle, reserved for Swiss enterprises unless otherwise provided for by international treaties.

4. Ecoles

¹ Companies that educate aviation personnel must be licensed by the OFAC.

² The authorisation shall be granted if the applicant has an organisation and a teaching staff guaranteeing appropriate training and if he has the necessary rights of use at an appropriate aerodrome.

³ The Federal Council regulates the procedures and procedure for granting authorisations.

I. Aerodrome

1. Competence, hydro-aerodromes

¹ The Federal Council shall adopt detailed rules on the construction and operation of aerodromes.

² It may limit the number of aerodromes.

2. Operation

A. Operating Grant

¹ A concession is required for the operation of any aerodrome open to public aviation (airport). This concession is granted by the DETEC.

² The dealer is authorized to operate the airport on a commercial basis and, in particular, to charge taxes. It has an obligation to make it accessible to all domestic traffic and international traffic, subject to the restrictions laid down in the operating regulations, and to make available to users a responsive infrastructure The requirements of a safe and rational operation.

³ The concession may be transferred to a third party with the agreement of the DETEC. If the transfer relates only to certain rights and obligations, the concessionaire shall continue to respond to the Confederation for the enforcement of obligations arising out of the law or concession.

⁴ The concessionaire shall have the right of expropriation.

B. Operating authority

¹ For the operation of other aerodromes (airfields), an operating authority is required. The latter is issued by the OFAC.

² The operating authority shall lay down the rights and obligations inherent in the operation of an aviation field.

C. Operating Regulations

¹ The operator must issue an operating regulation.

² The operating rules shall lay down the practical arrangements for the operation as a result of the "Aeronautical Infrastructure" sectoral plan, the concession or authorisation to operate and, where appropriate, the decision to approve the Plans; in particular, the operating rules must define:

A.

The organization of the aerodrome;

B.

The approach and departure procedures and the specific requirements for the use of the aerodrome.

³ The operator submits the operating regulations to the OFAC for approval.

⁴ If the operator establishes or adopts the operating regulations when setting up or modifying an airport facility, the OFAC shall approve this regulation as soon as possible when approving the plans for the project.

D. Significant changes to the operating regulations

¹ The OFAC transmits to the cantons concerned requests for amendments to the operating regulations which have a significant impact on the exposure of residents to noise and invites these cantons to take a decision within three months. If the situation warrants it, it may exceptionally shorten or extend this period. ²

² The application shall be published in the official bodies of the cantons and municipalities concerned and shall be investigated for 30 days.

³ The procedure for eliminating discrepancies within the federal government is governed by s. 62 B The Federal Act of 21 March 1997 on the organization of government and administration ³ .

⁴ Everyone who is a party under the Federal Act of 20 December 1968 on the administrative procedure ⁴ May file an objection with the OFAC during the period of the investigation. Any person who has not objected shall be excluded from the proceedings.

⁵ The communes assert their rights by way of opposition.

3. Procedure for approval of plans

A. Principle

¹ Constructs and installations used exclusively or principally for the operation of an aerodrome (aerodrome installations) can only be put in place or modified if the plans of the project have been approved by the competent authority. Also considered as aerodrome facilities are the sites and facilities necessary to serve the construction sites in connection with the development and operation of an aerodrome.

^1bis The Federal Council may set the conditions for the removal of minor construction projects from the requirement to have the plans approved. ²

² The authority for approval of plans is:

A.

The DETEC, for airports;

B.

OFAC, for aviation fields.

³ The approval of the plans covers all the authorizations required by federal law.

⁴ No authorisation or plans under the cantonal law are required. The cantonal law is taken into account in so far as it does not disproportionately affect the construction and operation of the aerodrome.

⁵ As a general rule, approval of plans for projects with significant effects on spatial planning and the environment presupposes that a sectoral plan in accordance with the law of 22 June 1979 on land use planning ³ Has been established.

B. Applicable law

The procedure for the approval of plans shall be governed by this Law and, alternatively, for airports, by the Federal Law of 20 June 1930 on Expropriation (LEx) ² .

C. Ordinary procedure; opening

The request for approval of the plans must be addressed with the required documents to the competent authority. The latter verifies that the file is complete and, if necessary, complements it.

D. Picket

¹ Prior to the investigation of the application, the applicant company must mark in the field with a picketing, and for buildings with templates, the modifications required by the proposed structure.

² If there are major reasons for this, in particular to ensure aviation safety and orderly operational procedures, the authority responsible for approving the plans may grant a full or partial exemption to the obligation laid down in the Al. 1.

³ Objections against picket lines or templates should be addressed without delay to the approval authority of the plans, but no later than the expiry of the period of investigation.

E. Invitation to pronounce, publish and investigate ²

¹ The authority responsible for approving the plans shall forward the request to the cantons concerned and invite them to take a decision within three months. If the situation warrants it, it may exceptionally shorten or extend this period. ³

² The application shall be published in the official bodies of the cantons and municipalities concerned and shall be investigated for 30 days.

³ For airports, the investigation instituted the expropriation ban as referred to in s. 42 to 44 LEx ⁴ .

F. Personal notice

The applicant company shall send to the parties concerned, at the latest at the time of the investigation, a personal opinion informing them of the rights to be expropriated in accordance with Art. 31 LEx ² .

G. Opposition

¹ Everyone who is a party under the Federal Act of 20 December 1968 on the administrative procedure ² Or LEx ³ May object to the approval authority of the plans during the period of the investigation. Any person who has not objected shall be excluded from the proceedings.

² All expropriation objections and claims for compensation or repairs in kind must be filed within the same time limit for airport facilities. Objections and subsequent applications filed under s. 39-41 LEx should be addressed to the DETEC.

³ The communes assert their rights by way of opposition.

H. Elimination of divergences within the federal government

The procedure for eliminating discrepancies within the federal government is governed by s. 62 B The Federal Act of 21 March 1997 on the organization of government and administration ² .

4. Decision on approval of plans; duration of validity

¹ When approving airport installation plans, the DETEC also rules on objections to expropriation.

² Approval of the plans lapses if the implementation of the construction project has not commenced within five years of the decision being taken.

³ If there are major reasons for this, the approval authority may extend the validity of its decision by no more than three years. Any extension is excluded if the determining conditions of fact or law have changed significantly since the decision was entered into force.

5. Simplified procedure

¹ The simplified aerodrome facility plan approval procedure applies to:

A.

Projects that affect a limited space and concern only a limited and well-defined number of people;

B.

Installations whose modification or reassignment does not significantly alter the external appearance of the site, does not affect the interests worthy of protection of third parties and has only minimal effects on spatial planning and on the environment;

C.

Facilities that will be dismantled after three years at most.

² The simplified procedure applies to detailed plans drawn up on the basis of an already approved project.

³ The authority responsible for approving the plans may order the picketing. The application is neither published nor investigated. The approval authority shall submit the plans to the interested parties, who may object within 30 days, unless they have previously agreed in writing. It may seek the views of the cantons and the municipalities concerned. It gives them a reasonable period of time to decide.

⁴ In addition, the ordinary procedure is applicable. In case of doubt, the latter is applied.

6. Estimated Procedure; Pre-Possession

¹ After the closure of the approval procedure for airport plant plans, an estimation procedure shall be opened, if necessary, before the estimation commission, in accordance with the provisions of the LEx ² . Only the claims that have been filed are taken into consideration.

² The DETEC transmits the approved plans, the expropriation plan, the expropriated fee schedule, and the claims that have been filed to the Chairman of the Panel.

³ The Chairman of the Basis of Estimate may authorize the shipment in advance when the approval of the plans is enforceable. The expropriating property is presumed to be seriously prejudiced if it does not benefit from the early possession. In addition, s. 76 LEx is applicable.

7. Regrouping; competence

¹ If the actual rights required to carry out a project relating to an airport facility can be obtained by land consolidation but the canton does not do so on its own, the DETEC requests it to order it within a time limit fixed by the Under the cantonal law. If that time limit is not complied with, the ordinary procedure, which includes the expropriation, shall be applied.

² The following measures may be taken during the consolidation procedure:

A.

Use of the applicant company's land;

B.

Reduction of the area of land included in land consolidation;

C.

Consideration of the added value resulting from land improvements resulting from the construction of the airport;

D.

Entry of the applicant undertaking in early possession;

E.

Other measures provided for by the cantonal law.

³ The venal value of the land obtained by surface reductions for the needs of the applicant company is credited to the land consolidation company.

⁴ If the cantonal law does not provide for a special procedure, the procedure for the overhauling of agricultural land, forests or building land is applicable; the scope of the zone to be included and the extent of the reshuffle can be Limited to the consolidation required for the construction of the airport.

⁵ The additional costs of land regrouping caused by the construction of the airport are borne by the airport. If consolidation is necessary only for the purposes of this construction, the applicant company shall bear the whole of the costs.

8. Annexes

¹ The establishment and modification of buildings or installations not used exclusively or mainly for the operation of the aerodrome facility (ancillary facilities) are governed by the cantonal law.

² The cantonal authority shall consult the OFAC before issuing the authorisation to construct.

³ The construction project must not endanger the safety of aviation or interfere with the operation of the aerodrome.

⁴ The OFAC shall be entitled to use all remedies provided for under federal law and the cantonal law against decisions of cantonal authorities pursuant to this Act or its implementing provisions.

9. Preserving the necessary lands for future airport facilities

A. Reserved zones

A. Determination

¹ In order to ensure the free provision of the necessary land for airport installations, the OFAC may, on its own motion or at the request of the operator of the aerodrome, the canton or the municipality determine reserved areas for which the perimeter is well Delimited. Federal services, cantons and municipalities, as well as relevant landowners, should be consulted. Consultation of municipalities and landowners is the responsibility of the cantons.

² Decisions concerning the establishment of reserved areas shall be published in the municipalities concerned, with an indication of the period of appeal. The action shall not have suspensory effect.

B. Effect

In the reserved areas, the constructs cannot be transformed in a way that is contrary to the field assignment. Exceptions to this rule are measures to ensure maintenance or to prevent harmful effects or dangers. In exceptional cases, additional measures may be permitted if the owner waives any future compensation for the resulting added value.

C. Delete

¹ The decision defining a reserved area shall lapse upon the entry into force of the decision laying down the alignments, but at the latest after five years; this period may be extended by no more than three years. The caducity of a reserved area does not prevent the creation of a new zone covering in whole or in part the perimeter of the old one.

² The OFAC shall remove the reserved area, ex officio or at the request of an airport operator, a canton or a municipality, if it is established that the proposed airport installation will not be carried out.

³ The decision must be published in the municipalities concerned, with an indication of the period of appeal.

B. Alignment

A. Determination

¹ The OFAC may determine alignments with a view to ensuring the free provision of necessary land for existing or future airport facilities. The federal authorities, the cantons and the municipalities, as well as the landowners concerned, must be consulted. Consultation of municipalities and landowners is the responsibility of the cantons. The alignments must meet the requirements of the expected final execution of this work and take into account the requirements of spatial planning and environmental protection. They may be limited in height.

² Alignment can only be determined on the basis of approved plans.

³ Decisions on alignments shall be published in the municipalities concerned, with an indication of the period of appeal.

B. Effects

Within the alignments, any transformation of a construction and any other measures contrary to the purpose of alignment are prohibited. Exceptions to this rule are measures to ensure maintenance or to prevent harmful effects or dangers. In exceptional cases, additional measures may be permitted if the owner waives any future compensation for the resulting added value.

C. Delete

¹ The OFAC shall abolish, ex officio or at the request of the operator of the airport, the canton or the municipality, the alignments which have become moot.

² Decisions on the abolition of alignments shall be published in the municipalities concerned, with an indication of the period of appeal.

³ The provisions relating to illegitimate enrichment shall apply mutatis mutandis where compensation has been paid. In the case of transfer of ownership, the new owner is required to be returned. Disputes are decided by the Commission of Estimation. ... ²

C. Preparatory acts

Within the alignments and reserved areas where the location has already been defined or is being defined, preparatory acts can be undertaken. Art. 15 LEx ² Applies by analogy.

10. ¹ Right of use

¹ To the extent that military interests permit, aerodromes belonging to the Confederation are also open to civil aviation.

² Aircraft in the service of the army, customs and police may use free civil aerodromes subsidised by the Confederation if there is no disruption to civil aviation.

³ The special arrangements governing the use of rights under paras. 1 and 2 are reserved.

11. ² Airport Charges

¹ The operator of the airport may levy charges for the use of the airport facilities used for the purpose of providing the flights, including specific security controls for the operation of the aircraft, and for access to those facilities Facilities.

² It shall decide by way of decision when the calculation of the royalties is disputed.

³ Royalty categories include the following:

A. Passenger charges;

B. Security charges;

C. Landing charges;

D. Parking charges;

Fees related to noise and the emission of harmful substances;

F. Charges for the use of centralised infrastructures;

G. Charges for access to airport facilities.

⁴ The operator of the airport shall determine the amount of the fees

On the basis of the following criteria:

A. Maximum take-off weight of the aircraft;

B. Number of passengers;

C. Noise emission;

D. Emission of deleterious substances.

5 The proceeds of the royalties shall not exceed the certified costs and reasonable remuneration of the capital invested.

6 The Federal Council determines the costs and revenues to be included in the royalty calculation. If an airport realizes revenue from industries other than those directly related to the operation of air traffic, the Federal Council may require the airport operator to incorporate some of the gains in the calculation of the Royalties. The Federal Council shall lay down the arrangements, taking into account the interests of the operator and the airport users, the market situation and the specificities of the airport concerned.

7 The Federal Council may prescribe that the calculation of the amount of the charges shall take into account the occupancy rate of the airport facilities over the course of the day. In the general environment of the market, the situation of airlines carrying a high volume of passengers in transfer should not be affected.

8 The OFAC oversees the establishment and collection of royalties. In the event of a dispute between the operator of the airport and the users, he shall approve the charges on request. The Federal Council regulates the procedure.

12. Hourly slot coordination

¹ The Federal Council regulates the coordination of slots at airports. To this end, it is based on international requirements which are binding on Switzerland.

² OFAC is the organization responsible for coordinating time slots. This can be a private organization.

II. Air Navigation Service

1. General

¹ The Federal Council regulates the air navigation service.

² The territory on which the air navigation service extends is not limited to national borders.

2. Delegation of air navigation services to a company

¹ The Federal Council may entrust the civil service and the military air navigation service, in whole or in part, to an anonymous company (company).

² The corporation must meet the following conditions:

A.

It must not be pursued for profit;

B.

It must be a mixed economy;

C.

The majority of its capital and voting rights must belong to the Confederation;

D.

The statutes must have been approved by the Federal Council.

³ It must coordinate the civil and military air navigation services.

⁴ It is subject to OFAC oversight.

3. Task Subdelegation

¹ The company may delegate certain air navigation services to companies that are wholly or partly in its possession (subsidiaries). The statutes of these subsidiaries are subject to the approval of the Federal Council, which determines the following elements for each of them:

A.

Requirements relating to the registered office of the corporation;

B.

The minimum participation required by the corporation and the number of voting rights it must hold;

C.

The conditions that the subsidiaries must meet in order to enjoy the same rights as the corporation, in particular with respect to the exemption from tax within the meaning of s. 40 E .

² The company may delegate the local air navigation service to the operator of an aerodrome.

³ The delegation of the local air navigation service is subject to the approval of OFAC. The latter may order, if aviation safety so requires, that this service be delegated to the operator of the aerodrome concerned.

4. Defining the Company's Strategic Objectives and Reporting

¹ The Federal Council sets the strategic objectives of the company for four years.

² The Board of Directors ensures that the strategic objectives are met. It shall draw up an annual report to the Federal Council on the fulfilment of the objectives assigned to it and shall provide the information necessary to monitor its implementation.

5. Corporate Capital Staffing

¹ The Confederation ensures that the company has sufficient capital. If the company makes a profit, it can use it to set up reserves to finance investments or to cover losses.

² The Confederation may initially finance, in whole or in part, the company's additional obligations to its foresight institutions when these obligations arise from the establishment of the accounts according to recognized standards on the plan International.

³ The Confederation funds, in whole or in part, the additional cover capital provided for by the former right for early retirement of military air traffic controllers, instead of the institutions of Society's foresight.

⁴ The Federal Council determines the mode, timing and amount of the financing of the company and payments to the social security institutions of the latter.

6. Exemption from corporation tax

The corporation is exempt from federal, cantonal and communal taxation, subject to the following federal taxes:

A.

Value added tax;

B.

Tax in advance.

7. Air Navigation Facilities

¹ An air navigation facility can only be constructed or modified significantly if the project plans have been approved by the OFAC.

² Art. 37 to 37 T Are applicable by analogy.

³ The company requesting approval of plans for air navigation measures has the right to expropriation.

8. Use of Third Party Ownership

The Confederation and the company have the right to use public or private property for the placement of air navigation facilities.

III. Barriers to aviation

¹ The creation or modification of obstacles to air navigation is subject to the approval of the OFAC. ²

^1bis The Federal Council may lay down requirements in order to prevent the creation of obstacles to air navigation, to remove them or to adapt them to safety requirements. ³

² Federal legislation on expropriation applies to the total or partial removal of obstacles to air navigation.

IV. Restrictions on land ownership

A. In general

¹ The Federal Council may prescribe that buildings or other obstacles may not be raised in a specified radius around airports or air navigation facilities or at a specified distance from air routes only if they do not Endanger aviation safety (safety zones).

² It may require that security zones be established on Swiss territory for airports, air navigation facilities or air routes located abroad.

³ Any operator of an airport located in Switzerland shall draw up a safety zone plan. This plan includes the territorial scope and nature of the ownership restrictions in favour of the airport. The operator of the airport shall consult the governments of the cantons concerned and the OFAC.

⁴ L' al. 3 applies by analogy to airports located abroad; in this case, the OFAC is substituted for the airport operator.

B. Procedure

¹ The safety zone plan shall be deposited in the municipalities by the airport operator if it is established in favour of an airport in Switzerland and the OFAC in the case of an airport located abroad, an air navigation facility or an airport Air route; it is open to public inquiry and the opposition period is 30 days. From the time of filing, no decision on a restricted property that would be in opposition to the plan should be taken without the authorization of the applicant. ²

² If there is opposition and no agreement is possible, the competent cantonal authority shall transmit the opposition to the OFAC.

³ The DETEC determines the objections and approves the safety zone plan submitted by the airport operator or the OFAC. ³

⁴ After approval, the security zone plan becomes legally binding through its publication in the official cantonal paper. ⁴

C. Allowances

¹ The restriction of land ownership provided for in the security zone plan entises compensation if it is equivalent in its effects to an expropriation. ³

² The birth of the right and the calculation of the allowance shall be determined by the conditions prevailing at the time of publication of the plan in the official cantonal paper. ⁴

³ The person concerned must assert his claims within five years of the publication of the plan:

A.

To the airport operator, when the plan is established in favour of an airport in Switzerland;

B.

At the OFAC, when the plan is established in favour of an airport located abroad, an air navigation facility or an air route. ⁵

⁴ Where the existence or extent of claims is contested, the estimation procedure provided for in the federal legislation on expropriation shall apply mutatis mutandis.

D. ...

E. Private Aerodromes

¹ Art. 42 to 44 and 47 do not apply to aerodromes not used for public traffic.

² The measures required by exploitation must be taken in the form of private law.

³ If it is not possible to ensure compliance with the relevant requirements, the authorization to operate the aerodrome will be refused or withdrawn.

Apportionment of costs

1. Aerodrome operator

¹ The operator of an aerodrome shall bear the cost of creating, operating and maintaining the aerodrome.

² In addition, it is responsible for:

A.

The costs of removing or adapting obstacles to air navigation which hinder the use of an aerodrome in Switzerland;

B.

Compensation payable under s. 44, para. 1, when the aerodrome is located in Switzerland. ²

³ ... ³

2. ...

3. Third Parties

¹ If third parties subsequently construct installations, they shall bear only the expenses to which they must agree to adapt those installations to the requirements of aviation safety.

² If the adaptation of a new essential facility results in an unreasonably high fee, the Confederation may award a special allowance.

4. Confederation

¹ The Confederation bears the following expenses:

A.

Costs resulting from the removal or adaptation of obstacles in Switzerland outside the perimeter of the airport or in favour of the airport abroad;

B.

Compensation due for restrictions on land ownership in Switzerland in favour of an airport or an air navigation facility located abroad.

² This Article shall be applicable subject to Art. 45 and 47.

VI. Cost of air navigation service

¹ Air navigation service providers collect royalties to ensure that:

A.

Control on the road;

B.

Control of approaches and departures at aerodromes.

² The proceeds of the royalties must not exceed the certified costs and reasonable remuneration of the capital invested.

³ The Federal Council may classify aerodromes by category. It sets out, for each aerodrome category, the principles determining the establishment of the approach and departure charges and sets out the additional means necessary to cover the costs of controlling the approaches and departures. It takes account in this respect of the funding possibilities offered by the cantons or the airport communes or by private organisations.

⁴ The revenue from the charges for an aerodrome category shall not be allocated to the financing of the costs of another aerodrome category.

⁵ The rates of approach and departure charges may be unified for aerodromes of the same category.

⁶ Air navigation fees are subject to the approval of the DETEC.

⁷ The Federal Council determines:

A

Flights exempt from air navigation charges;

B.

The costs of the air navigation service incurred by the Confederation;

C.

The conditions under which an aerodrome operator is authorized to establish and collect air navigation charges without providing any direct air navigation services.

I. Ranking

¹ The Federal Council shall adopt the requirements for the classification of aircraft by category.

² In particular, it defines:

A.

Aircraft considered to be Swiss State aircraft;

B.

Swiss aircraft of special categories to which special rules apply (Art. 2 and 108).

³ The Federal Council may, for certain categories of unoccupied aircraft, empower the cantons to take measures, in particular to reduce the nuisance and danger to which persons and goods are exposed to the ground.

II. Service Register

1. In general

¹ OFAC maintains the Swiss service register.

² An aircraft shall be registered in the Swiss service register only:

A.

It is not registered in the register of another State;

B.

It meets the conditions for admission to the prescribed examinations;

C. ²

If, in the form of ownership reports, it meets the conditions laid down by the Federal Council. As far as nationals of foreign States are concerned, the Federal Council may, insofar as there is no international obligation to do so, make the conditions of reciprocity conditional upon Switzerland. To do so, it can conclude agreements with foreign states.

³ In addition to the owner, an operator may also be registered in the register if he or she meets the required conditions, regardless of ownership.

⁴ The Federal Council shall lay down detailed requirements concerning the conditions, content, modification and cancellation of registrations.

2. And 3. ...

4. Legal Consequences

Aircraft registered in the Swiss service register are deemed to be Swiss.

III. Certifications

¹ The OFAC certifies, for aircraft registered in the Swiss service register:

A.

Registration;

B.

Airworthiness;

C.

Noise and noxious emissions from motor aircraft.

² The Federal Council shall lay down requirements concerning the granting, the period of validity, the renewal and the withdrawal of certificates. To this end, it is based on international requirements which are binding on Switzerland.

IV. Aircraft Construction and Operation

¹ The DETEC lays down, in particular with the aim of guaranteeing aviation safety, requirements for the production, operation, maintenance and equipment of aircraft, as well as on the on-board papers to be fitted with them. ²

² The DETEC may make provisions for the construction of certain parts of aircraft.

³ Production agencies and aircraft maintenance organizations are subject to OFAC approval. ³

Review of aircraft and aircraft

¹ The airworthiness of aircraft registered in the register and the emission of noise and noxious substances from motor aircraft must be checked. ²

² The DETEC sets out requirements for airworthiness requirements and the limitation of noise and pollutant emissions from motor aircraft. ³

³ The OFAC enacts a regulation for the examination of aircraft. It refers to aircraft other than aircraft that are subject to examination.

⁴ The applicant shall bear the costs of the control.

VI. Trademarks

¹ Any aircraft operating in Swiss airspace must bear clearly visible marks.

² The OFAC determines the type of trade marks if it is not regulated by international agreements.

I. Licences

¹ The following persons must obtain a licence from the OFAC to carry out their activity:

A.

Aircraft pilots;

B.

Auxiliary personnel essential for the conduct of an aircraft, including navigators, radio operators and flight engineers;

C.

Persons who train aeronautical personnel;

D.

Air navigation service personnel. ¹

^1bis The license is of limited duration. ²

² The Federal Council determines the other categories of aeronautical personnel for whom possession of a licence is required.

³ It shall lay down the requirements for the granting, renewal and withdrawal of licences.

II. ...

III. Foreign Certificates

¹ The OFAC rules on the validity of foreign certificates, unless international agreements are applicable.

² It has the right not to recognise for the circulation in Swiss airspace the certificates issued to a Swiss national by a foreign state.

IV. Duties and Obligations of Aviation Personnel

The Federal Council determines, in the enforcement order or special regulations, the rights and obligations of aeronautical personnel, within the limits of international agreements and federal legislation. Working conditions are settled by contract.

I. Delays

1. Circulate Prohibitions

¹ The person who, in violation of a prohibition of movement decreed under s. 7, shall have intentionally entered by air in the airspace, or left Switzerland by this route, or overflew a prohibited area shall be punished by imprisonment for up to one year or a fine of not more than 10 000 francs.

² If the offender has also violated the requirements of s. 18 on the obligation to land, the penalty shall be imprisonment for at most two years and a fine of not more than 20 000 francs.

³ If the offender has been negligent, the sentence will be imprisonment for a maximum of six months or a fine of not more than 5,000 francs.

2. Piloting of aircraft with false marks

¹ Whoever intentionally drives or drives an aircraft bearing false or falsified marks, or does not bear the markings prescribed in s. 59, shall be punished by imprisonment for up to five years and a fine of not more than 20 000 francs.

² In cases of very minor gravity, the judge may simply impose the fine.

³ If the offender has been negligent, the sentence will be imprisonment for a maximum of six months or a fine of not more than 10 000 francs.

⁴ It is also punishable by the one who flew or piloted an aircraft outside Switzerland without the right of Swiss trade marks. Art. 4, para. 2 of the Swiss Penal Code ¹ Is applicable.

2 A . Non-compliance with the instructions of an interceptor aircraft

¹ The person who, as commander of an aircraft, does not follow the instructions of an aircraft interceptor, data according to the rules of the air, shall be liable to imprisonment or a fine.

² The act is also punishable if it has been committed abroad on board:

A.

A Swiss aircraft;

B.

A foreign aircraft used by an operator whose head office is located in Switzerland or has permanent residence in Switzerland.

³ Art. 4, para. 2, of the Penal Code ² Is applicable.

3. Aviation Safety

¹ The person who, during a flight, as the commander of an aircraft, crew member or passenger has intentionally violated the legal requirements or recognized rules of traffic and knowingly endangers the person or property of Third parties on the surface will be punished by imprisonment for up to three years.

² If the offender has been negligent, the sentence will be imprisonment for a maximum of six months or a fine of not more than 10 000 francs.

4. Decrease in the ability of flight crew members

The person who performed the duties of a flight crew member while drinking or was under the influence of narcotic or psychotropic substances,

The person who, intentionally, will have objected to, or stolen from, a blood-taking or a complementary medical examination ordered by the authority

Or who will have ensured that measures of this kind cannot achieve their purpose,

Be punished by imprisonment or a fine.

II. Contra-ventions

¹ A fine of up to 20,000 francs is imposed on anyone, either intentionally or negligently:

A.

Violates the rules of the air;

B.

Contravens flight operations requirements to ensure the safety of persons or property;

C.

Pilot or operate an aircraft without having the prescribed documentation;

D.

Pilot or operate an aircraft that does not meet airworthiness requirements;

E.

Contravene the requirements applicable to the maintenance of aircraft and thereby endanger the safety of the operation;

F.

Contravening the following requirements contained in an operating regulation within the meaning of s. 36 C And to protect the environment and ensure the safety of people or property:

1.

Requirements for approach and departure procedures,

2.

Requirements for the use of airport facilities by passengers, aircraft, land vehicles and other users;

G.

Ignores, as a passenger, instructions from the crew to ensure the safety of persons and property;

H.

Disturbing public tranquillity at a time when neither the legislation nor the operating regulations applicable to the meaning of s. 36 C Authorize it;

I.

Contravening a enforcement provision with the threat of punishment provided for in this paragraph.

² A fine of up to 20,000 francs is imposed on anyone, intentionally:

A.

Fails to comply with a decision served under the threat of sentence provided for in this paragraph;

B.

Does not meet an obligation set out in a grant or authorization.

³ Serious offences under paras. 1, let. A to e and i, and 2 are punished by a fine of not more than 40 000 francs.

⁴ Any person who, as an air carrier, violates in a serious or repeated manner to its passengers obligations under international agreements providing for a penalty, shall be liable to a fine of not more than 20 000 francs.

II A . Other criminal provisions

The special provisions of the Federal Act of 22 March 1974 on administrative criminal law ² (art. 14 to 18) are applicable.

III. Administrative measures

1. In general

If there has been a violation of the provisions of this Law or of the orders and other requirements laid down for its application by the competent authorities or the provisions of the aviation agreements, the OFAC may, independently of the introduction And the outcome of any criminal procedure, pronounce:

A.

The temporary or permanent withdrawal of authorisations, licences and certificates or the restriction of their scope;

B.

The receiver of aircraft whose future use would endanger public safety or whose misuse is to be feared.

2. Withdrawal of concession

A grant granted under ss. 28, 30, or 37 ¹ May be withdrawn at any time without compensation in the event of a serious or repeated breach of the obligations of the concessionaire.

IV. ...

General provisions

¹ General provisions of the Federal Act of 22 March 1974 on administrative criminal law ² Are applicable to contraventions under s. 91.

² General provisions of the Swiss Penal Code ³ Are applicable to other offences.

I. Applicability of the penal provisions concerning the place

1. Principle

Subject to Art. 89, para. 4, 97 and 97 ^Bis Of this Law or of Sections 4 to 6 of the Swiss Penal Code ² , the penal provisions apply only to those who have committed an act punishable in Switzerland.

2. Punishable acts on board Swiss aircraft

¹ Swiss criminal law also applies to acts committed outside Switzerland on board a Swiss aircraft.

² In addition, members of the crew of a Swiss aircraft shall be subject to Swiss criminal law if they have committed the act outside the aircraft in the performance of their professional duties.

³ A judgment may be delivered only if the author is in Switzerland and is not extradited or extradited because of that act.

⁴ Art. 6, c. 2 of the Swiss Penal Code ² Applies regardless of the nationality of the author.

II. Jurisdiction

¹ Subject to para. 2, offences committed on board an aircraft are within the jurisdiction of the federal criminal jurisdiction. ¹

² The OFAC is the administrative authority responsible for prosecuting and judging, in accordance with the procedure laid down in the Federal Act of 22 March 1974 on administrative criminal law ² , the contraventions set out in s. 91. ³

³ The competent Swiss authority may not prosecute when an offence has been committed on board a foreign aircraft in Swiss airspace or on board a Swiss aircraft outside that airspace. ⁴

III. Commanding Officer's duties

¹ If an offence is committed on board a Swiss aircraft, the commander must take all necessary measures to preserve the evidence. ¹

² Until the intervention of the competent authority, it shall carry out the acts of inquiry which shall not suffer any delay. ²

³ It is authorized to search passengers and crew and to sequester objects that can be used as evidence. ³

⁴ If there is a danger in the house, the commander is entitled to temporarily arrest the suspects. ⁴

⁵ Art. 39, 40 and 45 to 52 of the Federal Act of 22 March 1974 on administrative criminal law ⁵ Concerning the interrogation of the accused, the gathering of information, the execution of coercive measures, the receiver, the search and the provisional arrest are applicable. ⁶

IV. Communication Required

All police or judicial authorities are required to communicate to the OFAC any punishable act which could result in the withdrawal of authorisations, licences and certificates within the meaning of Art. 92.

Measures to prevent attacks

¹ Where there are suspicions that an attack could be carried out on an aircraft taking off from Switzerland, the competent police commander for the aerodrome shall have the right to order a check and, if necessary, the search of the aircraft. At the request of the cantonal police, the crew and the infrastructure personnel are required to assist the police agencies in implementing these measures.

² Where there is a suspicion that such an attack could be carried out by means of mail or air cargo, the police commander referred to in para. 1 is entitled to order a check and, if necessary, the search of the mailings and the freight in question. Postal service providers and their agents are obliged to hand over suspicious mail items to the cantonal police. ^{2 3}

³ Where there is a suspicion that an attack could be carried out on board an aircraft in flight, the police commander referred to in para. 1 is entitled to order the search of passengers and hand luggage for weapons and explosives. The opposing passenger may be excluded from the flight without compensation.

⁴ During the checks and excavations provided for in paras. 1 to 3, private secrecy should be safeguarded as far as possible. As far as possible, the interests of air traffic will also be taken into account. Customs processing must be ensured.

⁵ The liability for damage arising during the control operations is governed by the provisions of the Federal Act of 14 March 1958 on the responsibility of the Confederation, the members of its authorities and its officials ⁴ .

VI. Observing of the bribe and analogous states

¹ The members of the flight crew shall be subject to an appropriate examination where there is evidence to conclude that they are taken from drink or that they are under the influence of narcotic or psychotropic substances. Blood-taking can be imposed.

² The aerodrome chiefs and the competent police agencies shall be empowered to order the required measures. When aerodrome leaders are involved, they must immediately call upon the police if an initial investigation confirms the suspicions in para. 1.

³ The requirements for the procedure for the collection and analysis of blood and other measures to be taken against road users shall apply mutatis mutandis.