English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Section 1 Applicable Law
Art. 22
1 The following apply to unmanned aircraft: a. in the first place, Section VII, Annexes I, No 2, and IX of the Directive (EU) 2018/1139, the Delegated Directive (EU) 2019/945 and Implementing Directive (EU) 2019/947; b. the regulations contained in this Ordinance, where applicable. 2 The provisions of Section 4 apply.
Section 2 Kites, Paragliders, Tethered Balloons an
Art. 23 Restrictions on kites, paragliders and tethered balloons
It is prohibited to fly kites, paragliders and tethered balloons weighing up to 25kg or with a volume of up to 40m3 within a distance of 3km from the runways of any civil or military aerodrome.
Art. 24 Restrictions on free-flying balloons
1 It is prohibited to release free-flying balloons: a. filled with combustible gas; b. carrying a load exceeding 2kg; c. with a volume exceeding 30m3. 2 The following restrictions apply within a distance of 5km from the runways of any civil or military aerodrome: a. the volume of the balloon may not exceed 1m3; b. No balloons with an open flame (sky lantern) or with an attached payload may be released, with the exception of competition response cards not exceeding A5 size that are attached to the balloons; c. No more than 300 balloons may be released at the same time. d. the balloons may not be tied together.
Art. 25 Exceptions to the restrictions
1 Exceptions to the following restrictions may be authorised as follows: a. the restrictions under Articles 23 and 24 paragraph 2: 1. at aerodromes with air traffic control services: by the air traffic control unit in agreement with the aerodrome manager, 2. at other aerodromes: by the aerodrome manager; b. the restrictions under Article 24 paragraph 1: by the FOCA. 2 Exceptions may only be authorised if flight safety is guaranteed. 3 The authorisation may be made subject to conditions.
Section 3 Other Unmanned Aircraft with the Excepti
Art. 26 Minimum age
The minimum age for remote pilots of unmanned aircraft is: a. 12 years of age for the «open» category in accordance with Article 4 of Implementing Regulation (EU) 2019/947; b. 14 years of age for the «specific» category in accordance with Article 5 of Implementing Regulation (EU) 2019/947.
Art. 27 Restrictions
It is prohibited to operate an unmanned aircraft: a. in the Sectoral Plan for Aviation Infrastructure perimeter of a civil aerodrome or in the Sectoral Plan for the Military perimeter of a military aerodrome; b. over penal institutions; c. over military areas as per the Annex; d. over (outdoor) switching stations or substations of grid level 2 of the power supply system; e. over the Ruswil compressor station and Wallbach measuring station; and f. within a distance of 750m of the nuclear power plants and the Würenlingen interim storage facility.
Art. 28 Additional restrictions on a weight of over 250g
1 It is prohibited to operate unmanned aircraft weighing over 250g: a. within a distance of 5km from the runways of any civil or military aerodrome; b. in an active CTR if an altitude of 120m above the ground is exceeded. 2 The aerodrome manager may define a reduced geographical zone adapted to the local situation within a distance of less than 5km. The following requirements apply: a. the zone must be defined in consultation with the air traffic control unit at aerodromes with an air traffic control service; b. the aerodrome manager shall publish the location of the zone in electronic format.
Art. 29 Exceptions
1 Exceptions to the following restrictions may be authorised: a. the restrictions under Article 27: 1. in the Sectoral Plan for Aviation Infrastructure perimeter of an aerodrome: by the aerodrome manager at aerodromes without an air traffic control service, by the air traffic control unit in agreement with the aerodrome manager at aerodromes with an air traffic control service, 2. at penal institutions: by the competent cantonal authority, 3. in military areas: by the Joint Operations Command, the situation monitoring unit of the armed forces, 4. at (outdoor) switching stations or substations of grid level 2 of the power supply system: by the operators responsible, 5. at the Ruswil compressor station and the Wallbach measuring station: by the operators responsible, 6. at the nuclear power plants and the Würenlingen interim storage facility: by the competent holders of construction or operating authorisation in accordance with the Nuclear Energy Act of 21 March 2003; b. the requirements
Para. 1 let. a let. 6 — SR 732.1
Section 3a U-Space Airspaces
Inserted by No 1 of the DETEC O of 14 June 2024, in force since 1 Aug. 2024 (AS 2024 298).
Art. 29a Designation of U-space airspaces
U-space airspaces as defined in Implementing Regulation (EU) 2021/664 may be designated by the FOCA through a procedure to amend the airspace structure.
Art. 29b Conditions for beginning operations
The FOCA will allow a certified U-space service provider to begin operations if it: a. meets the level of performance required for each specific U-space airspace in which it will operate; b. has the capability to exchange relevant data and information with other U-space service providers.
Art. 29c Data exchange and system interoperability
Every U-space service provider is required to contribute to data exchange and system interoperability.
Art. 29d Agreement between U-space service providers
1 If two or more U-space service providers operate in the same U-space airspace, they shall jointly agree on the details of the U-space services to be provided, in accordance with national regulations and those of Implementing Regulation (EU) 2021/664. 2 The FOCA shall be involved in the negotiations. If the U-space service providers are unable to reach an agreement within three months, the FOCA shall advise them after a hearing.
Art. 29e Common information services
1 The FOCA shall provide the data listed in Article 5 paragraph 1 of Implementing Regulation (EU) 2021/664 for each U‑space airspace as part of the common information services. 2 Skyguide shall provide the operational data and the data on the dynamic restrictions of the U-space airspace and shall provide the services related to the U-space airspace listed in point ATS.OR.127 of Annex IV of Implementing Regulation (EU) 2017/373.
Para. 2 — Commission Implementing Regulation (EU) 2017/373 of 1 March 2017 laying down common requirements for providers of air traffic management/air navigation services and other air traffic management network functions and their oversight, repealing Regulation (EC) No 482/2008, Implementing Regulations (EU) No 1034/2011, (EU) No 1035/2011 and (EU) 2016/1377 and amending Regulation (EU) No 677/2011.
Section 4 Model Aircraft
Art. 30 Scope of application
1 The provisions in this Section only apply to model aircraft operated as part of model aircraft clubs or associations. 2 The «Schweizerischer Modellflugverband» SMV (Swiss Model Aircraft Association) is an approved association in accordance with Article 16 paragraph 2 letter a of Implementing Regulation (EU) No 2019/947. 3 To operate a model aircraft in accordance with paragraph 1, a pilot must: a. be a member of an approved model aircraft association or club; or b. undertake to comply with the SMV’s publicly available guidelines; the SMV shall provide the form required. 4 The provisions of Implementing Regulation (EU) No 2019/947, with the exception of Article 16, do not apply to model aircraft under this Section.
Art. 31 Operating regulations
1 Model aircraft may not be operated in a negligent or wilfully hazardous way that may endanger human life or the property of third parties. 2 The operator of a model aircraft must maintain direct eye contact with the aircraft and be able to control it at all times. 3 Flying model aircraft weighing over 250g is prohibited: a. within a distance of 5km from the runways of any civil or military aerodrome or a reduced geographical zone in accordance with Article 28 paragraph 2; b. in an active CTR if the aircraft exceeds an altitude of 150m above the ground; c. within a distance of 100m of assemblies of people in the open air unless the flight takes place as part of a public air show in accordance with Article 4. 4 The minimum age for unsupervised model aircraft pilots is five years of age.
Art. 32 Model aircraft over 30kg
1 Model aircraft weighing over 30kg may only be operated with authorisation from the FOCA. The FOCA defines the authorisation requirements and operating conditions on a case-by-case basis. 2 Subject to application, the FOCA may also grant authorisation for model aircraft weighing over 25kg. 3 The FOCA may assign this task to the SMV. The SMV shall be subject to the FOCA's supervision in this respect.
Art. 33 Exceptions to the operating regulations
1 Exceptions to the following operating regulations may be authorised: a. the operating regulations under Article 31 paragraph 3 letter a: by the aerodrome manager at aerodromes without an air traffic control service, by the air traffic control unit in agreement with the aerodrome manager at aerodromes with an air traffic control service; b. the operating regulations under Article 31 paragraph 3 letter b: by the air traffic control unit; c. the operating regulations under Article 31 paragraph 2 and paragraph 3 letter c: by the FOCA. 2 Exceptions may only be authorised if flight safety is guaranteed. 3 Authorisation may be made subject to conditions.
Section 5 Common Provisions
Art. 34 Cantonal Regulations
1 The cantons may issue regulations for unmanned aircraft weighing less than 25kg on the reduction of environmental pollution and on the risk to persons and property on the ground in accordance with Article 51 paragraph 3 AviA. 2 The cantons shall transmit the data relating to these regulations to the FOCA in the format specified in Article 15 paragraph 3 of Implementing Regulation (EU) 2019/947. 3 The FOCA shall publish the data.
Para. 2 — Inserted by No 1 of the DETEC O of 14 June 2024, in force since 1 Aug. 2024 (AS 2024 298). Para. 3 — Inserted by No 1 of the DETEC O of 14 June 2024, in force since 1 Aug. 2024 (AS 2024 298).
Art. 35 Third-party liability insurance
1 Third-party liability claims made by third parties on the ground must be covered by the keeper of aircraft weighing over 250g in a third-party liability insurance policy with guaranteed cover of at least one million francs. 2 Cover for third-party liability claims is not required for: a. manned kites and paragliders weighing less than 1kg; b. tethered balloons with a load capacity of less than 0.5kg and volume of less than 30m3; c. free-flying balloons with a load capacity of less than 0.5kg and volume of less than 30m3. 3 Keepers of aircraft weighing over 250g must carry evidence of third-party liability insurance when operating aircraft. 4 The Confederation, cantons and communes are not required to take out liability insurance.
Para. 4 — Inserted by No 1 of the DETEC O of 14 June 2024, in force since 1 Aug. 2024 (AS 2024 298).
Art. 36 Competent authority
The FOCA is responsible for compliance with the requirements set out in: a. Article 18 of Implementing Regulation (EU) 2019/947; b. Article 18 of Implementing Regulation (EU) 2021/664.
Art. 36 — Amended by No 1 of the DETEC O of 14 June 2024, in force since 1 Aug. 2024 (AS 2024 298).
Art. 37 Tasks of qualified entities
1 The FOCA may assign the following tasks to qualified entities in accordance with Article 69 of Regulation (EU) 2018/1139: a. evaluation of applications for operational authorisation in accordance with Article 5 in conjunction with Article 11 of Implementing Regulation (EU) 2019/947; b. granting and amending of operational authorisation in accordance with Article 12 of Implementing Regulation (EU) 2019/947; c. oversight of the operators in accordance with Article 18 letter h No 1 of Implementing Regulation (EU) 2019/947; d. organising and providing training courses and examinations to obtain certificates of remote pilot competency in accordance with point UAS.OPEN.030(2) of Part A of the Annex to Implementing Regulation (EU) 2019/947 and certificates of theoretical knowledge and accreditations for completing the skill test in accordance with Appendix 1 to Implementing Regulation (EU) 2019/947. 2 The qualified entities are under the supervision of the FOCA.
Para. 1 let. d — Inserted by No 1 of the DETEC O of 14 June 2024, in force since 1 Aug. 2024 (AS 2024 298).
Art. 38 Procedure for accreditation of a qualified entity
1 The applicant shall submit a written application for accreditation as a qualified entity to the FOCA. 2 The application must contain the following documents: a. description of the organisation and a list of employees, including their qualifications; b. description of the relevant internal processes (including safety management); c. commercial register extract. 2bis The qualified entity that intends to operate in the field of training in accordance with Article 37 paragraph 1 letter d must in addition to the documents listed in paragraph 2 submit a training programme. 3 The FOCA shall assess the documents submitted; it shall accredit the qualified entity on a case-by-case basis by means of a ruling and define its competencies and the period of validity for the accreditation.
Para. 2bis — Inserted by No 1 of the DETEC O of 14 June 2024, in force since 1 Aug. 2024 (AS 2024 298).
Art. 39 Requirements for accreditation as a qualified entity
1 The FOCA shall accredit qualified entities for the evaluation of operational authorisation based on the following criteria: a. The qualified entity must possess the required competencies in the evaluation of applications for operational authorisation and have suitably trained staff to perform the tasks correctly. b. The qualified entity, its management and the staff responsible must ensure independent evaluation of the applications in accordance with No 1 of Annex VI to Regulation 2018/1139 and evaluate the applications with the greatest possible care. c. The qualified entity has a process for monitoring developments concerning the basis for evaluating applications based on the SORA method at international level. d. The qualified entity holds a third-party liability insurance policy to cover any claims that may arise. 2 It shall accredit qualified entities for the provision of training courses based on the following criteria: a. The qualified entity must have personnel that are suita
Art. 39 — Amended by No 1 of the DETEC O of 14 June 2024, in force since 1 Aug. 2024 (AS 2024 298). Para. 1 let. c — Acceptable Means of Compliance and Guidance Material to Commission Implementing Regulation (EU) No 2019/947.
Art. 40 Duties of the qualified entity
Depending on the tasks assigned, the qualified entity must: a. keep records of the tasks performed and notify the FOCA about the results; b. suspend or revoke operational authorisation if the relevant conditions are no longer met; c. consult with the EASA, cantonal authorities or other agencies that are relevant to operation; d. ensure coordination with the FOCA; e. treat information and processed data with the care required for data protection and ensure that the applicant’s documents are not passed on without their consent; f. ensure the equal treatment of applicants and provide their evaluation activities throughout Switzerland at the same prices; g. issue certificates and accreditations if it offers training courses.
let. g — Inserted by No 1 of the DETEC O of 14 June 2024, in force since 1 Aug. 2024 (AS 2024 298).