CO<sub>2</sub> Ordinance
Inserted by No I of the O of 2 April 2025, in force since 1 May 2025 (AS 2025 248).
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Art. 127a Principles
1 The following measures shall be used to reduce greenhouse gas emissions in aviation: a. the proceeds from penalties imposed for non-compliance with the obligation to blend low-emission, renewable or renewable synthetic aviation fuels (Art. 28g para. 8 CO2 Act); b. revenue from the auctioning of emission allowances for aircraft (Art. 37a para. 1 let. b CO2 Act); c. funds to finance under Article 103b paragraph 2 of the Aviation Act of 21 December 1948 and under Article 37d of the Federal Act of 22 March 1985 on the Use of the Earmarked Mineral Oil Tax and Other Funds Earmarked for Road and Air Transport (MinOA), in particular from the earmarked portion of the net revenue from the excise duty levied on aviation fuels and of the surcharges levied on aviation fuels (Art. 1 para. 2 MinOA). 2 They are used in particular for: a. developing and increasing the production of renewable aviation fuels at home and abroad; b. developing and applying technologies to increase the energy efficiency o
Para. 1 let. a — The reference was amended on 1 May 2025 in application of Art. 12 para. 2 of the Publications Act of 18 June 2004 (SR 170.512). Para. 1 let. b — The reference was amended on 1 May 2025 in application of Art. 12 para. 2 of the Publications Act of 18 June 2004 (SR 170.512). Para. 1 let. c — SR 748.0 Para. 1 let. c — SR 725.116.2 Para. 3 — SR 420.1
Art. 127b Form and procedure for awarding financial assistance
1 Financial assistance shall be awarded in the form of non-repayable contributions, interest-free loans or guarantees. 2 The FOCA shall decide on the form of funding according to the project’s funding requirements. 3 Financial assistance may be awarded within the framework of a call for proposals. A response to a call for proposals is considered an application. 4 Applications should be submitted to the FOCA. 5 The FOCA charges a fee for reviewing the application. The amount of the fee is based on the Ordinance of 28 September 2007 on the Fees charged by the Federal Office of Civil Aviation. 6 The FOCA may make the awarding of financial assistance dependent on the achievement of interim targets.
Para. 5 — SR 748.112.11
Art. 127c Requirements for awarding financial assistance
1 Measures are considered according to the degree to which they meet the following criteria: a. significant reduction in greenhouse gas emissions; b. cost efficiency in relation to climate impact; c. low environmental impact; d. high market opportunities; e. high probability of success; f. high added value in Switzerland; g. creditability of emission reductions to Switzerland; h. identification of partners across the entire value chain; i. contribution to knowledge preservation and expansion. 2 The criteria are assessed for technologies and processes including future scaling. 3 Applicants must demonstrate that they have made a reasonable contribution of their own towards the implementation of the measure. 4 If financial assistance is applied for in the form of an interest-free loan, the applicant must credibly demonstrate their creditworthiness.
Art. 127d Amount of financial assistance and criteria for prioritisation
1 The amount of the contributions, loans and guarantees shall be determined by the degree to which the criteria und Article 127c paragraphs 1–3 are met. 2 If the submitted or expected applications exceed the available funds, financial assistance shall be granted taking into account the criteria set out in Article 127c paragraphs 1–3.
Art. 127e Guarantees
1 A guarantee may be provided for third-party loans if the lender takes the guarantee into account when setting the interest rate of the loan. 2 The guarantee may secure all or part of the guaranteed loan. It may not exceed CHF 100 million and may be granted for a maximum period of 10 years. 3 Guarantees shall only be provided for loans granted by a bank in accordance with the (BankA) or by another appropriate lender based in Switzerland.
Para. 3 — SR 952.0
Art. 127f Notification obligation and reporting
1 The FOCA must be informed immediately of any changes that could affect the securing of financial assistance. 2 Once the specified interim targets have been achieved and the measure implemented, an interim report or final report must be submitted to the FOCA. The reports must contain at least the following information: a. details of the implementation status of the measure; b. a cost analysis. 3 The interim report and the final report must be approved by the FOCA. 4 The borrower of a guaranteed loan must report to the FOCA at least once a year on: a. how the loan is being used; b. the course of business and its expected development, providing the annual report, balance sheet, income statement and audit report within the deadlines specified in the Swiss Code of Obligations; c. any other aspects required by the FOCA for the granting of financial assistance granted.
Para. 4 let. b — SR 220
Art. 127g Implementation
The FOCA may engage an external body to implement the funding measures and consult a panel of experts independent of the measure.
