text: 935.411 English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.Ordinanceon Private Security Servicesprovided Abroad (OPSA)of 24 June 2015 (Status as of 1 January 2021)The Swiss Federal Council,based on Articles 17 and 38 of the Federal Act of 27 September 20131 on Private Security Services provided Abroad (PSSA),ordains:1 SR 935.41Section 1 General Provisions  Art. 1 Complex environment  1 A complex environment is any area:a.experiencing or recovering from unrest, or instability due to natural disaster or armed conflict in terms of the Geneva Conventions2 and Additional Protocols I and II3;b.where the rule of law has been substantially undermined; andc.in which the capacity of the state authority to handle the situation is limited or non-existent.2 If the Confederation contracts with a company for the performance of protection tasks in an area that is not a complex environment in terms of paragraph 1, the Ordinance of 24 June 20154 on the Use of Private Security Companies applies.2 SR 0.518.12; 0.518.23; 0.518.42; 0.518.513 SR 0.518.521; 0.518.5224 SR 124Art. 1a5 Operational and logistical support for armed or security forces  1 Operational support for armed or security forces comprises activities that a company carries out for the benefit of armed or security forces in connection with their core tasks as part of ongoing or planned operations.2 Logistical support for armed or security forces comprise activities that a company carries out for the benefit of armed or security forces in close connection with their core tasks, in particular:a.servicing, repairing or upgrading war materiel pursuant to the War Materiel Act of 13 December 19966 (WMA) or goods pursuant to the Goods Control Act of 13 December 19967 (GCA);b.converting goods into war materiel pursuant to the WMA or into goods pursuant to the GCA; c.constructing, operating or maintaining infrastructure;d.managing supplies;e.transporting, storing or handling war materiel pursuant to the WMA or specific military goods pursuant to the GCA;f.transporting members of armed or security forces.5 Inserted by No I of the O of 11 Nov. 2020, in force since 1 Jan. 2021  (AS 2020 5323).6 SR 514.517 SR 946.202Art. 1b8 Operating and servicing weapons systems  1 The operation of weapons systems comprises the use of war materiel pursuant to the WMA9 with a view to armed or security forces conducting exercises.2 The servicing of weapons systems comprises the maintenance or repair of war materiel pursuant to the WMA for the benefit of armed or security forces.8 Inserted by No I of the O of 11 Nov. 2020, in force since 1 Jan. 2021 (AS 2020 5323).9 SR 514.51Art. 1c10 Advising and training members of armed or security forces  1 Advising members of armed or security forces comprises the provision of technical, tactical or strategic advice to members of armed or security forces in close connection with their core tasks.2 Training members of armed or security forces comprises the technical, tactical or strategic instruction or training of members of armed or security forces in close connection with their core tasks.10 Inserted by No I of the O of 11 Nov. 2020, in force since 1 Jan. 2021 (AS 2020 5323).Art. 2 Accession to the International Code of Conduct for Private Security Service Providers  Companies are deemed to have acceded to the International Code of Conduct for Private Security Service Providers (the Code of Conduct) in its version of 9 November 2010 if they are members of the International Code of Conduct for Private Security Service Providers Association (ICoCA)11.11 The international Code of Conduct for Private Security Service providers may be consulted at the following Internet address: www.icoc-psp.orgSection 2 Procedures  Art. 3 Competent authority  The competent authority is the State Secretariat of the Federal Department of Foreign Affairs (State Secretariat FDFA)12.12 The name of the administrative unit was modified on 1 Jan. 2021 in application of  Art. 20 para. 2 of the Publications Ordinance of 7 Oct. 2015 (SR 170.512.1). This modification has been made throughout the text.Art. 4 Content of the declaration requirement  The declaration requirement covers:a.with regard to the intended activity:1.the nature of the service under Article 4 letters a and b PSSA,2.the weapons and other means used to provide the private security service,3.the extent and duration of the operation and the number of persons deployed,4.the place where the activity is carried out,5.the special risks that the activity entails;b.with regard to the company:1.the company name, registered office and legal form as well as, if available, an extract from the commercial register,2.the objects, areas of business, areas of operation abroad and main categories of clients,3.proof of accession to the Code of Conduct,4.the name, first name, date of birth, nationality and certificate of residence of the members of the management and the supervisory bodies,5.the measures taken for the basic and advanced training of personnel,6.the internal control system for personnel;c.with regard to the persons who carry out management duties within the company or on its behalf or who are permitted to carry a weapon in the course of their activities for the company:1.the name, first name, date of birth, nationality and certificate of residence,2.confirmation of good character,3.the required authorisation under the relevant law for exporting, carrying and using weapons, weapons accessories and ammunition,4.basic and advanced training in the fields of fundamental rights and humanitarian international law,5.basic and advanced training in the use of weapons and aids as well as the use of force and other police measures.Art. 5 Requirement to report identity  The company shall inform the State Secretariat FDFA of the identity of the principal or the recipient of a service under Article 4 letters a and b PSSA if the person or entity concerned is:a.a foreign state or its institutions;b.an international organisation or its institutions;c.a group that regards itself as the government or as a state institution, or its institutions;d.an organised armed group or its units participating in an armed conflict in terms of the Geneva Conventions13 and the Additional Protocols I and II14;e.a high representative of a foreign state or of an international organisation, a leader or a senior executive of a group under letters c and d, irrespective of whether the person concerns acts in the course of their duties or as a private individual.13 SR 0.518.12; 0.518.23; 0.518.42; 0.518.5114 SR 0.518.521; 0.518.522Art. 6 Declaration in the case of a private security service in standardised form  Where a company has declared a private security service under Article 4 letter a number 1 or 2 PSSA and intends to provide this service in standardised form to similar recipients subject to the same conditions, it shall report the conclusion of each new contract to the State Secretariat FDFA and state that the service agreed therein will be provided in standardised form.Art. 7 Declaration when continuing the same activity  Where a company intends to continue to carry on an activity that it has declared in same manner, and if the information provided under Article 4 is still correct, so the company shall confirm to the State Secretariat FDFA that the intended activity corresponds to the reported activity.Art. 8 Accelerated procedure  Where a private security service under Article 4 letter a sections 1–3 PSSA must be provided in an emergency situation, the State Secretariat FDFA shall notify the company if possible within two working days of receipt of the declaration of whether the review procedure will be initiated.Art. 8a15 Reporting obligation in connection with war materiel pursuant to the WMA or goods pursuant to the GCA  1 If a company exports war materiel pursuant to the WMA16 or goods pursuant to the GCA17 and if it subsequently carries out servicing, maintenance, or a repair in close connection therewith, the company is not obliged to report these activities provided the export would still be permitted at the time the activities are carried out.2 If a company war exports materiel pursuant to the WMA or goods pursuant to the GCA and if it subsequently provides advice or training in close connection therewith relating to the servicing, maintenance, repair, development, manufacture or use of the materiel, the company is not obliged to report these activities provided the export would still be permitted at the time the activities are carried out. 3 If a company transfers intellectual property including knowhow or rights thereto pursuant to the WMA and if it subsequently provides advice or training in close connection therewith relating to servicing, maintenance, repair, development, manufacture or use, the company is not obliged to report these activities provided the transfer would still be permitted at the time the activities are carried out.4 This Article does not apply if the activity constitutes operational support.15 Inserted by No I of the O of 11 Nov. 2020, in force since 1 Jan. 2021 (AS 2020 5323).16 SR 514.5117 SR 946.202Art. 8b18 Decision in the review procedure  1 The State Secretariat FDFA shall decide on whether to prohibit the reported activity in agreement with the State Secretariat for Economic Affairs (SECO) and the responsible body at the Federal Department of Defence, Civil Protection and Sport (DDPS) after consulting the Federal Intelligence Service.2 If the State Secretariat FDFA, SECO and the responsible body at the DDPS are unable to reach an agreement or if they conclude that the reported activity is of considerable importance to foreign or security policy, the Federal Department of Foreign Affairs (FDFA) shall submit the matter to the Federal Council for a decision.3 In cases of minor importance or in cases where there is a precedent for the decision, the authorities concerned may decide to dispense with joint consideration and authorise the State Secretariat FDFA to decide on its own.18 Inserted by No I of the O of 11 Nov. 2020, in force since 1 Jan. 2021 (AS 2020 5323).Art. 9 Withdrawal or exclusion from the ICoCA  1 Where a company withdraws from the ICoCA or if the ICoCA decides to exclude the company, the company shall immediately notify the State Secretariat FDFA of this and provide the reasons.2 If the reasons for the company’s withdrawal or exclusion from the ICoCA do not fundamentally preclude its renewed accession, the State Secretariat FDFA shall request the company to take the measures required to join again within six months.3 Where the company does not join the ICoCA again within the period specified in paragraph 2, the State Secretariat FDFA shall prohibit all or part of its activities.Art. 10 Assessment of fees  1 The fee is assessed on the basis of the time worked.2 An hourly rate of 150–350 francs applies. The rate is based in particular on the seniority of the employee concerned.3 Otherwise, the General Fees Ordinance of 8 September 200419 applies.19 SR 172.041.1Section 3 Controls  Art. 11 Duty to keep records  1 The company is obliged to keep records of its activities. It must be able to provide the State Secretariat FDFA with the following information and documents at any time:a.the identity and address of the principal, the provider and the recipient of the service;b.a copy of the contract concluded with the principal;c.the identity of the persons implementing the contract;d.details of the equipment used, in particular weapons;e.documentary evidence of performance of the contract.2 The members of management board shall retain the information and documents mentioned in paragraph 1 for ten years. This period does not end if the company ceases business operations.Art. 12 Processing of personal data  1 In order to fulfil its statutory duties, the State Secretariat FDFA is authorised to process particularly sensitive personal data on administrative or criminal prosecutions and sanctions as well as other personal data provided it relates to the following persons:a.the members of the management board and the supervisory bodies;b.the company personnel;c.the company concerned;d.the principal and the recipient of the service within the limits set out in Article 5.2 The following personal data may be processed:a.name, first name, date of birth, domicile and nationality of the person concerned;b.all personal data related to the company concerned;c.all information related to the company’s business operations.3 The State Secretariat FDFA is also authorised to process the following particularly sensitive personal data on administrative or criminal prosecutions and sanctions:a.name, first name, date of birth, domicile and nationality the person concerned;b.identity of the company concerned;c.the offence with which the person concerned is charged;d.details on the form of procedure;e.name of the authorities concerned;f.copy of the judgment and any other information connected with the judgment.4 Personal data and particularly sensitive personal data shall be offered 15 years after its final processing to the Federal Archives for archiving (Art. 21 of the Federal Act of 19 June 199220 on Data protection).20 SR 235.1Section 4 Administrative Assistance in Switzerland  Art. 13 1 The State Secretariat FDFA shall provide the authorities mentioned in Article 28 PSSA, ex officio or on request, with the following information and personal data:a.with regard to the intended activity:1.the type of service under Article 4 letters a and b PSSA,2.the identity of the principal or the recipient of the service within the limits set out in Article 5,3.the location abroad where the activity is being carried out;b.with regard to the company:1.company name, registered office and legal form as well as, if available, an extract from the commercial register,2.objects, areas of business, areas of operation abroad and main categories of clients,3.name, first name, date of birth, nationality and certificate of residence for the members of the management board and the supervisory bodies.2 It shall also provide the authorities mentioned in Article 28 paragraph 2 letters c and d PSSA and the federal authorities responsible for safeguarding external security (Art. 28 para. 2 let. e PSSA), ex officio or on request, with the following particularly sensitive personal data:a.name, first name, date of birth, domicile and nationality of the person concerned;b.identity of the company concerned;c.the offence with which the person concerned is charged;d.details on the form of procedure;e.name of the authorities concerned;f.copy of the judgment and any other information connected with the judgment.Section 5 Use by Federal Authorities of Private Security Companies for Protection Tasks Abroad  Art. 14 Content of the contract  1 The contract with the company shall require the company in particular to:a.provide information on progress with the performance of the contract if the contracting authority so requests;b.disclose the identity of the personnel deployed to the contracting authority;c.prepare a report for submission to the contracting authority;d.immediately replace any personnel who do not have the required skills or who adversely affect the performance of the contract;e.immediately report to the contracting authority any circumstances that could adversely affect the performance of the contract;f.immediately report to the contracting authority any incidents in which personnel have used force or police measures in accordance with Article 35 PSSA or have acted in self-defence or in a situation of necessity;g.immediately report to the contracting authority if the requirements for the company or for training are no longer being met.2 The contract shall also contain:a.the details required by Articles 34 paragraph 2 and 35 PSSA;b.provision for contractual penalties in the event of non-fulfilment.Art. 15 Model contract  1 The FDFA shall issue a model contract.212 The model contract shall be made accessible online.21 Amended by No I of the O of 11 Nov. 2020, in force since 1 Jan. 2021 (AS 2020 5323).Art. 16 Communication  The contracting authority shall provide the State Secretariat FDFA and the head of security of its department with a copy of the contract concluded with the company and inform the head of security of any problem related to the performance of the contract.Art. 17 Support from the FDFA  In regions where there is no company that is a member of the ICoCA, the FDFA shall endeavour to ensure that companies joint the association.Section 6 Final Provisions  Art. 18 Transitional provision  The contracting authority shall by 1 September 2018 amend existing contracts that do not meet the requirements of this Ordinance.Art. 19 Commencement  This Ordinance comes into force on 1 September 2015.


type: legislation

jurisdiction: Switzerland

text: 935.62 English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.Federal Acton Patent Attorneys(Patent Attorney Act, PatAA)of 20 March 2009 (Status as of 1 January 2013)The Federal Assembly of the Swiss Confederation,on the basis of Article 95 of the Federal Constitution1, and having considered the Federal Council Dispatch of 7 December 20072,decrees:1 SR 1012 BBl 2008 407Section 1: Subject Matter and Scope of Application  Art. 1 1 This Act governs:a.the requirements for the use of the professional titles “patent attorney”, “Patentanwältin” or “Patentanwalt”, “conseil en brevets” and “consulente in brevetti”;b.professional confidentiality applicable to patent attorneys;c.the protection of the professional titles “European patent attorney”, “europäische Patentanwältin” or “europäischer Patentanwalt”, “conseil en brevets européens” and “consulente in brevetti europei”.2 It is applicable to persons who provide advice or representation in patent matters in Switzerland using any of the professional titles mentioned in paragraph 1 letter a or c.3 The representation of parties in proceedings before the Swiss Federal Institute of Intellectual Property (IPI) by natural and legal persons residing or having their principal place of business in the Principality of Liechtenstein is governed by Article 8 of the Patent Treaty of 22 December 19783 between the Swiss Confederation and the Principality of Liechtenstein.3 SR 0.232.149.514Section 2: Protection of Titles  Art. 2 Patent attorney  Any person who uses the title “patent attorney”, “Patentanwältin” or “Patentanwalt”, “conseil en brevets” or “consulente in brevetti” must:a.possess a recognised higher education qualification in natural sciences or engineering (Art. 4 and 5);b.have passed the Swiss Federal Patent Attorney Examination or a recognised foreign patent attorney examination (Art. 6 and 7);c.have completed practical training (Art. 9);d.possess at least an address for service in Switzerland; ande.be registered in the Patent Attorney Register (Art. 11 et seq.).Art. 3 European patent attorney  Any person who uses the title “European patent attorney”, “europäische Patentanwältin” or “europäischer Patentanwalt”, “conseil en brevets européens” or “consulente in brevetti europei” must be registered in the list of professional representatives maintained by the European Patent Office.Art. 4 Recognised Swiss higher education qualifications  1 Natural sciences or engineering degrees (Bachelor’s, Master’s, Diplom or Lizenziat) issued by an accredited Swiss higher education institution are considered to be recognised Swiss higher education qualifications in terms of this Act.2 The Federal Council shall regulate the accreditation of Swiss higher education institutions.Art. 5 Recognition of foreign higher education qualifications  1 A foreign higher education qualification in natural sciences or engineering is recognised where its equivalence to a recognised Swiss higher education qualification:a.is provided for in a treaty pertaining to mutual recognition with the respective state or supranational organisation; orb.is proven in an individual case.2 The Federal Council shall designate the competent bodies for such recognition. It shall designate a single body where possible.3 Where the competent bodies do not recognise a foreign higher education qualification, they shall decide how the requirement of Article 2 letter a may be fulfilled.Art. 6 Swiss Federal Patent Attorney Examination  1 The Swiss Federal Patent Attorney Examination serves as proof of the specialised knowledge required for professional qualification.2 The Federal Council shall regulate:a.the admission requirements for the examination;b.the content of the examination;c.the examination procedure.3 It shall designate:a.the body competent for conducting the examination;b.the body competent for the supervision of the examination.Art. 7 Recognition of foreign patent attorney examinations  1 A foreign patent attorney examination is recognised where its equivalence to the Swiss Federal Patent Attorney Examination:a.is provided for in a treaty pertaining to mutual recognition with the respective state or supranational organisation; or b.is proven in an individual case.2 The Federal Council shall designate the competent body for such recognition.3 Where the competent body does not recognise a foreign patent attorney examination, it shall decide how the requirements of Article 2 letter b may be fulfilled.Art. 8 Delegation of tasks to organisations and persons of public or private law  1 The Federal Council may entrust organisations and persons of public or private law with:a.conducting the Swiss Federal Patent Attorney Examination;b.deciding on the recognition of foreign patent attorney examinations;c.issuing rulings concerning the passing of the Swiss Federal Patent Examination or the recognition of a foreign patent attorney examination.2 The organisations and persons mentioned in paragraph 1 may levy fees for the rulings and services rendered by them. Their fee regulations are subject to approval by the Federal Council.3 An objection may be filed with the State Secretariat for Education, Research and Innovation4 to rulings issued by the organisations and persons mentioned in paragraph 1.4 Term in accordance with No I 31 of the Ordinance of 15 June 2012 (Reorganisation of the  Departments), in force since 1 Jan. 2013 (AS 2012 3655).Art. 9 Practical training  1 Practical training as defined in Article 2 letter c must be completed under the supervision of a registered patent attorney (Art. 11 et seq.) or a person with an equivalent professional qualification.2 The duration of practical training must amount to three years on a full-time basis for persons with a higher education qualification (Master’s, Diplom or Lizenziat degree) or a recognised equivalent qualification, and four years on a full-time basis for persons with a Bachelor’s degree or a recognised equivalent qualification. At least one year of the practical training must be related to Switzerland.3 The Federal Council shall regulate the particulars, including:a.the objectives and content of the practical training;b.the requirements to be fulfilled by a supervisor who is not registered in the Patent Attorney Register;c.the requirements with regard to how the practical training is related to Switzerland in terms of territory and content.Section 3: Professional Confidentiality  Art. 10 1 Patent attorneys are obliged to maintain confidentiality concerning all secrets that are entrusted to them in their professional capacity or which come to their knowledge in the course of their professional activities, this obligation being unlimited in time.2 They must ensure that persons assisting them maintain professional confidentiality.Section 4: Patent Attorney Register  Art. 11 Maintenance of the Register  The IPI shall maintain the Patent Attorney Register. It may maintain the Register in electronic form.Art. 12 Registration in the Register  1 On application and on payment of a fee, the IPI shall register persons who fulfil the requirements of Article 2 in the Patent Attorney Register. It shall issue a certificate of registration.2 The person making the application must prove by way of suitable documentation that he or she fulfils the requirements of Article 2.3 The Federal Council may authorise the IPI to regulate electronic communication in accordance with the general provisions on the administration of federal justice.4 The dossier and files may be maintained and stored in electronic form.Art. 13 Supervision  1 Where the professional conduct of a patent attorney gives rise to complaints, the Swiss Federal Department of Justice and Police (FDJP) may, after hearing the person concerned:a.admonish him or her;b.authorise the IPI to disqualify him or her temporarily or permanently from using the professional title.2 In assessing professional conduct within the meaning of paragraph 1, the patent attorney’s entire business activities in Switzerland and abroad shall be taken into consideration.3 The FDJP may order the publication of the admonition or the disqualification as well as the deletion of the registration from the Patent Attorney Register.Art. 14 Register content  1 When registering patent attorneys in the Patent Attorney Register, the IPI shall enter the following particulars:a.date of registration;b.surname, first name, date of birth and place of origin or citizenship;c.address for service or business address in Switzerland; andd.name of employer, if applicable.2 Patent attorneys must notify the IPI immediately of any changes to their registered particulars so that they may be registered in the Patent Attorney Register.Art. 15 Public access to the Register  1 Any person may view the Register and obtain information on its content.2 The IPI may make the content of the Register available to third parties by way of electronic retrieval.Section 5: Criminal Provisions  Art. 16 Abuse of title  1 A fine shall be imposed on any person who, in his or her business documents, advertising of any kind, or other documents intended for use in business in Switzerland:a.uses the title “patent attorney”, “Patentanwältin” or “Patentanwalt”, “conseil en brevets” or “consulente in brevetti” without being registered in the Patent Attorney Register;b.uses the title “European patent attorney”, “europäische Patentanwältin” or “europäischer Patentanwalt”, “conseil en brevets européens” or “consulente in brevetti europei” or a title that may be confused with any of these titles without being registered in the list of professional representatives maintained by the European Patent Office.2 The use of a professional title in accordance with Article 9 of the Liechtenstein Act of 9 December 19925 on Patent Attorneys for the representation of parties in proceedings before the IPI by natural and legal persons residing or having their principal place of business in the Principality of Liechtenstein is reserved.5  Liechtenstein Law Gazette 1993 No. 43Art. 17 Criminal prosecution  The prosecution of criminal offences is the responsibility of the cantons.Section 6: Final Provisions  Art. 18 Amendment of legislation  The amendment of current legislation is regulated in the Annex.Art. 19 Transitional provisions  1 A person shall be registered in the Patent Attorney Register on application and on payment of a fee provided that, on commencement of this Act, he or she has been working professionally as a patent attorney on a full-time basis in Switzerland:a.for more than six years, possesses a higher education qualification in natural sciences or engineering from a Swiss higher education institution or a foreign higher education qualification as defined in Article 5 paragraph 1, and has an address for service in Switzerland; orb.for more than three years, is registered in the list of professional representatives maintained by the European Patent Office and has an address for service in Switzerland.2 Application must be made within two years of commencement of this Act.3 The applicant must prove, by means of suitable documentation, that he or she fulfils the requirements of paragraph 1 letter a or b.4 The IPI shall issue a certificate of registration. Art. 20 Referendum and commencement.  1 This Act is subject to an optional referendum.2 The Federal Council shall determine the commencement date.Commencement date: 1 July 201166  Federal Council Decree of 11 May 2011Annex (Art. 18)Amendment of Current Legislation The following enactments are amended as follows:…77  The amendments may be consulted under AS 2011 2259.


text: 935.621 English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.Patent Attorney Ordinance(PatAO)of 11 May 2011 (Status as of 1 January 2013)The Swiss Federal Council,based on Article 6 paragraphs 2 and 3, Article 7 paragraph 2, Article 8 paragraph 1, Article 9 paragraph 3 and Article 12 paragraph 3 of the Patent Attorney Act of 20 March 20091 (PatAA),ordains:1 SR 935.62Chapter 1: Subject Matter  Art. 1 This Ordinance regulates:a.the requirements to be fulfilled by a higher education qualification in natural sciences or engineering (Art. 2 let. a PatAA);b.the Swiss Federal Patent Attorney Examination and the recognition of foreign patent attorney examinations (Art. 6–8 PatAA);c.the requirements concerning practical training and the recognition of professional experience acquired abroad (Art. 9 PatAA);d.the Patent Attorney Register (Art. 11–15 PatAA).Chapter 2: Higher Education Qualifications  Art. 2 1 A higher education qualification in natural sciences or engineering must be obtained by completing a full-time study course with a minimum duration of three years or a part-time study course of equivalent study duration. A minimum of 80 percent of the course hours required to obtain this qualification must be devoted to natural sciences or engineering subjects.2 The following subjects in particular are considered natural sciences or engineering subjects: civil engineering, biochemistry, biology, biotechnology, chemistry, electronics, electrical engineering, information technology, mechanical engineering, mathematics, medicine, pharmacy and physics.Chapter 3: Swiss Federal Patent Attorney Examination  Section 1: Organisation of the Examination  Art. 3 Examination Board  1 The Federal Council assigns to the joint association (Examination Board) of the Association of Swiss and European Patent Attorneys in Private Practice (VESPA), the Association of Patent Attorneys in Swiss Industry (VIPS) and the Association of Swiss Patent and Trademark Attorneys (ASPTA) the following duties:a.administration of the Swiss Federal Patent Attorney Examination.b.issuing guidelines for the Patent Attorney Examination.c.appointment of examiners.d.deciding on the passing or failing of the examination.e.deciding on the recognition of foreign patent attorney examinations.f.establishing fee regulations and submitting them to the Federal Council for approval.g.maintenance of an office.2 The Examination Board is financed by the fees levied for its rulings and services and by contributions from its members.3 The duties of the Examination Board are performed by the Examination Committee.Art. 4 Examination Committee  1 The Examination Committee consists of two representatives each of the VESPA, VIPS and ASPTA patent attorney associations. They are elected by the Executive Board of the Examination Board.2 The Examination Committee is quorate when the chair or his or her deputy and at least three other members are present.3 The decisions of the Examination Committee are reached by a majority of the members present. The chair also has a vote; where a vote is tied, his or her vote or, where he or she is absent, the vote of his or her deputy, shall be decisive.4 The President of the Federal Patent Court or a legal member of this court designated by the President shall attend the meetings of the Examination Committee as an observer in an advisory capacity. The Examination Committee may invite other persons without voting rights to the meetings.Art. 5 Examiners  1 Patent attorneys registered in the Patent Attorney Register and other experts with proven knowledge in the subject areas to be examined (Art. 7), such as lecturers in higher education, attorneys and judges, shall be appointed by the Examination Committee as examiners.2 Examiners may not simultaneously be members of the Examination Committee.3 Examiners are appointed for a period of two years. They may be reappointed.Art. 6 Supervision  1 Responsibility for the supervision of the Swiss Federal Patent Attorney Examination lies with the State Secretariat Education, Research and Innovation (SERI)2.2 SERI approves the Examination Committee’s guidelines for the Patent Attorney Examination.2 The name of this administrative unit was amended in application of Art. 16 para. 3 of the Publications Ordinance of 17 Nov. 2004 (SR 170.512.1) on 1 Jan. 2013. The amendment has been made throughout the text.Section 2: Content of the Examination  Art. 7  Examination of specialised knowledge  In the Swiss Federal Patent Attorney Examination, specialised knowledge is examined in the following areas:a.European and international patent law;b.Swiss patent law;c.Swiss procedural and organisational law relevant to industrial property rights;d.trade mark, design, copyright, competition and civil law to the extent required for working professionally as a patent attorney in Switzerland.Art. 8 Parts of the examination  1 The Swiss Federal Patent Attorney Examination consists of four parts. The candidate is free to decide on the order in which the parts of the examination are completed.2 Parts 1 and 2 (Art. 7 let. a) are conducted in accordance with the provisions of the Administrative Council of the European Patent Organisation (Art. 134a para. 1 let. b of the European Patent Convention of 5 October 1973, revised on 29 November 20003) on the European qualifying examination for professional representatives before the European Patent Office. They cover the following:a.Part 1: drafting of patent claims and the introductory part of a patent application (Examination Paper A);b.Part 2: replying to an official communication in which prior art has been cited (Examination Paper B). 3 Part 3 (Art. 7 let. a–c) covers:a.Swiss patent law including the special provisions pertaining to international procedures;b.the Swiss provisions in the area of administrative, criminal and civil procedure as well as the organisation of authorities and court applicable to patent matters.4 Part 4 (Art. 7 let. d) covers trade mark, design, copyright, competition and civil law to the extent required for working professionally as a patent attorney in Switzerland.3 SR 0.232.142.2Section 3: Examination Procedure  Art. 9 Conduct of the examination  1 Parts 3 and 4 of the Swiss Federal Patent Attorney Examination are held at least once a year. If less than four applications have been received, the Examination Committee may postpone the examination, whereby there may be no more than 25 months between two examination dates of any examination part. 2 The Examination Committee determines the application deadlines, the examination dates and the examination location and publishes these.3 Neither Part 3 nor Part 4 of the examination may be split across more than one examination date.Art. 10 Admission  1 Admission to the Swiss Federal Patent Attorney Examination shall be granted to:a.any person who, on applying to take the examination, can provide proof of the requisite higher education qualification (Art. 2) and of the requisite practical training (Art. 27–30); andb.has paid the examination fee by the application deadline.2 Any person who applies for admission to the examination must submit the following:a.the documents evidencing his or her higher education qualification;b.a certificate confirming the completion of practical training (Art. 30).3 The Examination Committee may require a candidate, the candidate’s institution of higher education or the candidate’s supervisor (Art. 28) to provide additional information or proof.4 The Examination Committee shall decide on admission to the examination by issuing a ruling.Art. 11 Examination language  1 The candidate may take the examination parts administered by the Examination Committee in German, French or Italian.2 The candidate must indicate the examination language on applying to take the examination.Art. 12 Parts 1 and 2 of the examination  1 Parts 1 and 2 must be completed within the framework of the European qualifying examination conducted by the European Patent Office.2 In exceptional circumstances, the Examination Committee may offer substitute examinations that are equivalent to Examination Papers A and B of the European qualifying examination.Art. 13 Preparation of examination content  1 The examination questions are prepared by at least two examiners. They establish the marking criteria.2 The examiners must submit the examination questions and the marking criteria to the Examination Committee for approval.3 The Examination Committee ensures the examination papers are translated into the respective languages for which applications have been received.Art. 14  Part 3 of the examination  1 Part 3 of the examination is conducted in writing.2 At least one of the examiners who prepared this part of the examination must be present. He or she advises the candidate on the details pertaining to the conduct of the examination prior to commencement of the examination.3 This part of the examination shall have a duration of six hours.4 The candidate shall provide the answers to the examination in anonymised form. 5 The examiners entrusted with marking the examinations shall determine their assessment jointly.Art. 15  Part 4 of the examination  1 Part 4 of the examination is conducted orally.2 Two of the examiners who prepared this part of the examination must be present for Part 4.3 This part of the examination shall have a duration of one hour. In justified cases, it may be extended to a maximum of 75 minutes.4 The examiners shall determine their assessment jointly.Art. 16 Presence of third parties at the examination  1 The Swiss Federal Patent Attorney Examination is not public.2 The Examination Committee may grant persons with a proven justified interest to be present during the examination.3 The members of the Examination Committee and SERI representatives are permitted to be present ex officio.Art. 17 Passing of Parts 1 and 2 of the examination and resitting the substitute examination  1 Parts 1 and 2 of the examination in accordance with Article 12 paragraph 1 are deemed to have been passed when the person:a.has passed both papers A and B of the examination; orb.has passed the European qualifying examination in full.2 Parts 1 and 2 of the substitute examination taken in accordance with Article 12 paragraph 2 are deemed to have been passed if both parts of the examination have been passed individually.3 Any person who twice fails one part of the substitute examination taken in accordance with Article 12 paragraph 2 shall be excluded from any further examinations.Art. 18 Passing and resitting parts 3 and 4 of the examination  1 Parts 3 and 4 of the examination are deemed to have been passed if both parts of the examination have been passed individually.2 Any person who twice fails one of the examination parts shall be excluded from any further examinations.Art. 19 Withdrawal  1 Candidates may withdraw their application up to 14 days prior to the commencement of the examination. The examination fee will only be refunded in this case.2 After this time, withdrawal is only possible where the candidate has a valid excuse. In particular, the following are deemed to be valid excuses:a.maternity;b.illness or accident;c.death of a closely related person;d.unforeseen military, civil defence or civilian service.3 Notice of withdrawal must be given immediately in writing and the reasons therefor must be documented.4 Candidates who do not withdraw from the examination in due time in accordance with paragraph 1 or who do not have a valid excuse are deemed not to have passed the relevant part of the examination.5 Where a candidate withdraws, with a valid excuse, from an examination that has already commenced, the candidate must apply for the next examination date, or this part of the examination will be deemed not to have been passed.6 The candidate must resit the interrupted examination in full and pay the examination fee again.Art. 20 Examination results  1 The Examination Committee shall decide at a meeting on whether the examination parts have been passed. A representative of SERI shall be invited to attend this meeting.2 The Examination Committee shall notify the candidate, within three months, in a written ruling of the result of the examination parts taken by him or her.3 The Swiss Federal Patent Attorney Examination has been passed when all four examination parts in accordance with Article 8 are deemed to have been passed. In this case, the Examination Committee issues confirmation in the form of a certificate.Art. 21 Retention of examination scripts  1 The Examination Committee shall ensure that all examination scripts are retained for a period of two years following notification of the examination results.2 Where an objection is filed, the examination scripts must be retained until the decision on the objection has become legally binding.3 The candidate may request to view his or her examination scripts retained in accordance with paragraph 1 or 2.Art. 22 Sanctions  1 Where it is established that the candidate obtained admission to the examination under false pretences by providing incorrect or incomplete information, the Examination Committee shall declare the passed examination parts to be invalid.2 Where a candidate attempts to influence the examination result during an examination by dishonest means, the examiner shall report this to the Examination Committee. The Examination Committee shall decide whether, as a result, the respective examination part is deemed not to have been passed. Where a candidate is caught attempting to cheat during an examination, he or she may complete the examination subject to reservation.Section 4: Recognition of Foreign Patent Attorney Examinations  Art. 23 General principles  1 The Examination Committee is responsible for the recognition of foreign patent attorney examinations.2 It decides by issuing a written ruling on the recognition of the foreign patent attorney examination and on the content and conduct of a qualifying examination.3 The Agreement of 21 June 19994 between the Swiss Confederation and the European Community and its Member States on the Free Movement of Persons applies to the recognition of foreign patent attorney examinations for the persons subject to this agreement.4 SR 0.142.112.681Art. 24 Application for recognition  1 Any person who seeks to have a foreign patent attorney examination recognised must submit a written application to the Examination Committee. 2 The application must include documentation evidencing:a.that the applicant has taken a patent attorney examination; b.the specialised knowledge examined in the patent attorney examination. Art. 25 Qualifying examination  1 Where the Examination Committee does not recognise the foreign patent attorney examination or recognises it only in part, the applicant may take a qualifying examination.2 Any person who can, at the time of application, provide proof of a higher education qualification (Art. 2) and practical training (Art. 27–30), shall be admitted to the qualifying examination.3 The Examination Committee may require the applicant to submit documentation on the nature and duration of the professional experience acquired by him or her.Art. 26 Content and conduct of the qualifying examination  1 The qualifying examination covers the specialised knowledge which forms the subject matter of the Swiss Federal Patent Attorney Examination and which has not already been examined in the course of education in the country in which the patent attorney examination was taken.2 In determining the content of the qualifying examination, the applicant’s relevant professional experience may be taken into consideration.3 The Examination Committee shall decide on a case by case basis on the form, conduct and marking of the qualifying examination.4 The provisions pertaining to the examination language (Art. 11), withdrawal (Art. 19) and sanctions (Art. 22) apply by analogy to the qualifying examination.5 The Examination Committee shall notify the applicant in a written ruling of the result of the qualifying examination taken by him or her within three months.6 Any person who twice fails the qualifying examination or parts of it shall be excluded from further examinations.Chapter 4: Practical Training  Art. 27 Objective and content  1 Practical training allows the candidate to obtain, under supervision, practical experience that enables him or her to work independently as a patent attorney under the PatAA.2 Within the scope of obtaining the requisite practical training, the candidate shall, in particular:a.acquire specialised knowledge in accordance with Article 7 and apply it in practice;b.become familiar with the authorities competent for patent matters in Switzerland;c.learn to draft patent applications on the basis of documentation provided by a client and represent the client in grant procedures;d.become familiar with the formalities and time limits for the procedure of the grant of a patent in Switzerland.Art. 28 Supervisor  The following persons may supervise practical training:a.any person who is registered in the Patent Attorney Register as a patent attorney;b.any person who has worked professionally as a patent attorney in Switzerland for at least ten years on a full-time basis without being registered in the Swiss Patent Attorney Register;c.any person who has worked professionally as a patent attorney abroad for at least six years on a full-time basis as a regulated profession under the laws of the country of origin; ord.any person who is registered in the list of professional representatives maintained by the European Patent Office and has worked professionally as a patent attorney in Switzerland for at least one year on a full-time basis.Art. 29 Territorial requirements  1 A minimum of twelve months of the practical training must be completed on a full-time basis under a supervisor with a place of business in Switzerland.2 Supervised professional work as a patent attorney in a foreign country will be recognised when it was completed on a full-time basis for at least eighteen months and where, as a result, the candidate:a.acquired the specialised knowledge in accordance with Article 7 and applied it in practice;b.became familiar with the authorities competent for patent matters in Switzerland; andc.became familiar with the formalities and time limits for the procedure of the grant of a patent in Switzerland. Art. 30 Proof of practical training  1 On completion of the candidate’s practical training, the supervisor must certify the following in writing:a.the duration of practical training;b.the level of employment in relation to a full-time equivalent;c.the place of employment;d.the activities performed.2 In cases of practical training in accordance with Article 29 paragraph 2, the supervisor must also indicate in writing the extent to which the candidate achieved the training objectives in accordance with Article 29 paragraph 2 by means of the performed activities.Chapter 5: Patent Attorney Register  Art. 31 Application for registration in the Patent Attorney Register  1 Any person who wishes to be registered in the Patent Attorney Register must submit the following to the Swiss Federal Institute of Intellectual Property (IPI):a.the information in accordance with Article 14 paragraph 1 letters b, c and, if applicable, letter d PatAA; andb.the following documents:1.the certificate confirming that the Swiss Federal Patent Attorney Examination has been passed, or2.the Examination Committee’s decision on the recognition of the foreign patent attorney examination and, if applicable, the Examination Committee’s decision that the qualifying examination in accordance with Article 23 paragraph 2 and Article 26 paragraph 5 has been passed, or proof that the requirements in terms of Article 23 paragraph 3 are fulfilled.2 The application for registration will not be deemed to have been made unless the registration fee has been paid within the time limit set by the IPI.3 Where the documents submitted are incomplete or where there is doubt as to their correctness, the IPI may request that additional information or proof be provided.4 Where the applicant does not fulfil the requirements for registration in the Register, the IPI shall reject the application. The registration fee shall not be refunded.Art. 32 Modification and deletion of particulars in the Register  1 The IPI shall modify or delete particulars in the Register on application by the registered person or ex officio.2 It shall modify or delete particulars ex officio when the information required for registration has changed, in particular, when the registered person no longer has an address for service in Switzerland or the registered person’s address for service in Switzerland has changed.3 Where the IPI modifies or deletes particulars ex officio, it shall notify the registered person of the intended amendment or deletion and set a time limit to respond. If the registered person does not comply with the time limit to respond, the IPI shall modify or delete the corresponding particulars.4 The IPI may delete particulars ex officio without invitation to respond where:a.the Swiss Federal Department of Justice and Police orders the deletion;b.the Examination Committee subsequently declares an examination to be invalid;c.the registered person is deceased.Art. 33 Application for re-entry in the Register  1 Where a person whose registration has been deleted wishes to be re-entered in the Register, and where the requirements for registration are fulfilled, submission of the certificate in accordance with Article 12 paragraph 1 PatAA shall suffice. 2 The registration fee must be paid in full for re-entry in the Register.Art. 34 Dossier  1 The dossier shall be retained for a period of five years following deletion of a registration in the Register or for a period of five years following rejection of an application for registration.2 The following persons may view the dossier:a.the person registered in the Register;b.third parties who can prove a justified interest.Art. 35 Electronic communication  1 The IPI may permit electronic communication.2 It shall establish the technical details and publish them in a suitable manner.Chapter 6: Final Provisions  Section 1: Transitional Provisions  Art. 36 Higher education qualifications  Natural sciences or engineering degrees (Bachelor’s, Master’s, Diplom or Lizenziat) obtained at higher education institutions as defined in Article 3 of the University Funding Act of 8 October 19995 are recognised as Swiss higher education qualifications in accordance with Article 4 PatAA even if the higher education institution was not accredited at the time the qualification was awarded.5 SR 414.20Art. 37 Registration in the Patent Attorney Register in accordance with Article 19 PatAA  1 Any person who wishes to be registered in the Patent Attorney Register in accordance with Article 19 PatAA must submit the following to the IPI:a.for applications in accordance with Article 19 paragraph 1 letter a PatAA, proof of working professionally as a patent attorney in Switzerland and of a higher education qualification;b.for applications in accordance with Article 19 paragraph 1 letter b PatAA, proof of working professionally as a patent attorney in Switzerland and proof of registration in the list of professional representatives before the European Patent Office.2 The application will not be deemed to have been made unless the registration fee has been paid within the time limit set by the IPI.3 Where the documents submitted are incomplete or where there is doubt as to their correctness, the IPI may require that additional information or proof be provided.4 Where the applicant does not fulfil the requirements for registration in the Register, the IPI will reject the application. The registration fee will not be refunded.Art. 38 Use of the professional title during the transitional period  Persons who fulfil the requirements for registration in the Patent Attorney Register in accordance with Article 19 paragraph 1 PatAA may use the professional titles “patent attorney”, “Patentanwältin” or “Patentanwalt”, “conseil en brevets” or “consulente in brevetti” during the time period for submitting their application in accordance with Article 19 paragraph 2 PatAA, even if they have not yet been registered in the Patent Attorney Register.Section 2:  Commencement  Art. 39 This Ordinance comes into force on 1 July 2011.


text: 935.91 English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.Federal Acton Mountain Guides and Organisers of other High-Risk Activitiesof 17 December 2010 (Status as of 1 January 2014)The Federal Assembly of the Swiss Confederation,on the basis of Articles 63 paragraph 1, 95 and 97 of the Federal Constitution1,and having considered the report of the National Council Legal Affairs Committee dated 27 March 20092,and the Federal Council report dated 26 August 20093,decrees:1 SR 1012 BBl 2009 60133 BBl 2009 6051Section 1: General Provisions Art. 1 Scope of application  1 This Act applies to commercially offered high-risk activities in mountainous or rocky terrain and in or around streams or rivers where:a.there is a risk of slipping or falling or an increased risk due to rising water levels, falling rock or ice, or avalanches; andb.the activities require special knowledge or special safety precautions.2 The following activities are governed by this Act:a.the activities of mountain guides;b.the activities of snow sports instructors that do not fall within the responsibility of ski lift or cableway operators;c.canyoning;d.river rafting and white water rafting;e.bungee jumping.3 The Federal Council may make further comparable high-risk activities subject to this Act; in doing so, it must familiarise itself with the objective risks that may be expected when carrying out the activities concerned.Art. 2 Duties of care  1 Any person who offers an activity that is subject to this Act must take the measures that experience indicates are required, that are possible according to the state of the art and that are appropriate in the given conditions, so that the lives and health of the participants are not endangered.2 He or she must in particular:a.alert clients to the specific dangers that may be related to carrying out the activity concerned;b.assess whether the clients have the capacity to carry out the activity concerned;c.ensure that equipment is free of defects and installations are in a good condition;d.assess the suitability of the weather and snow conditions;e.ensure that staff are adequately qualified;f.ensure that a sufficient number of support staff are available according to the degree of difficulty and the danger;g.show consideration for the environment and in particular the habitats of flora and fauna.Section 2: Licensing Art. 3 Licensing requirement  Any person offering an activity subject to this Act requires a licence.Art. 4 Licence for mountain guides  1 Mountain guides are granted a licence if they:a.hold a Federal Professional Education and Training Diploma as a Mountain Guide under Article 43 of the Vocational and Professional Training Act of 13 December 20024 or have been awarded an equivalent Swiss or foreign professional qualification; and b.guarantee that they will comply with the obligations under this Act.2 The Federal Council regulates:a.the recognition of Swiss or foreign professional qualifications;b.which activities under Article 1 paragraph 2 letters c–e mountain guides may offer as individuals.4 SR 412.10Art. 5 Licence for snow sports instructors  1 Snow sports instructors are granted a licence to guide clients in areas that do not fall within the responsibility of ski lift or cableway operators if they:a.hold a Federal Professional Education and Training Diploma as a snow sports instructor under Article 43 of the Vocational and Professional Training Act of 13 December 20025 or have been awarded an equivalent Swiss or foreign professional qualification; andb.guarantee that they will comply with the obligations under this Act.2 The Federal Council regulates the recognition of Swiss or foreign professional qualifications.5 SR 412.10Art. 6 Licence for businesses offering activities under Article 1 paragraph 2 letters c–e  1 Businesses that offer activities under Article 1 paragraph 2 letters c–e are granted a licence if they:a.are certified for the conduct of the activities concerned; andb.guarantee compliance with the obligations under this Act.2 The Federal Council regulates the minimum requirements for certification.Art. 7 Granting and renewing the licence  1 The cantonal authority at the place of residence or registered office of the applicant grants the licence.2 Licences are renewed in a simplified procedure.3 Licences for mountain guides and for snow sports instructors are renewed if the holder meets the requirements under Articles 4 and 5 and can provide proof of appropriate continuing education and training.4 The Federal Council issues the implementing provisions on granting and renewing licences, and in particular on granting and renewing licences for persons staying, resident or with registered office abroad.Art. 8 Effect of the licence  1 A licence from a cantonal authority is valid for the entire territory of Switzerland.2 A licence for a mountain guide or for a snow sports instructor is personal and non-assignable.3 The foregoing provisions are subject to cantonal jurisdiction over stationary installations for carrying out activities governed by this Act.Art. 9 Term of the licence  1 A licence for a mountain guide or a snow sports instructor is valid for four years.2 A licence for a business that offers activities under Article 1 paragraph 2 letters c–e is valid for two years.3 Licences for persons staying, resident or with registered office abroad may be made valid for a shorter term.Art. 10 Withdrawal of the licence  The cantonal authority shall withdraw the licence if the holder no longer fulfils the requirements for being granting the licence.Art. 11 Fees  1 The cantons charge fees for granting, renewing and withdrawing the licence.2 The Federal Council regulates the level of the fees.Art. 12 Information  The cantonal authority must provide third parties with information on whether a person holds a licence without proof of a legitimate interest being required.Section 3: Insurance and Duty to provide Information Art. 13 1 Any person holding a licence under this Act must obtain professional indemnity insurance for the licensed activities according to the nature and extent of the risks related to his or her work or must provide equivalent financial security, and must inform his or her clients about his or her insurance cover.2 The Federal Council regulates the minimum amount to be insured and the requirements for equivalent security.Section 4: Cantonal Restrictions on Access to Specific Areas Art. 14 The cantons may prohibit access to specific areas, in particular if this is required for nature or water protection reasons.Section 5: Criminal Provisions Art. 15 Contraventions  1 Any person who wilfully:a.provides incomplete, incorrect or misleading information in order to obtain a licence;b.works as a mountain guide or snow sports instructor without a licence or offers activities under Article 1 paragraph 2 letters c–e,is liable to a fine not exceeding 10,000 francs.2 If the offender acts through negligence, he or she is liable to a fine not exceeding 5000 francs.Art. 16 Prosecution  Prosecution is the responsibility of the cantons.Section 6: Support for Private Legal Entities Art. 17 The Confederation may establish or provide financial support to or hold participations in private legal entities. Such entities must have the object of improving the safety of the activities governed by this Act by introducing safety concepts and safety inspections.Section 7: Final Provisions Art. 18 Implementation  1 The cantons implement this Act, unless the Confederation is declared responsible.2 The Federal Council issues the implementing provisions.Art. 19 Transitional provisions  1 Cantonal licences for mountain guides and snow sports instructors that have been issued in accordance with previous cantonal regulations remain valid until their expiry date or for two years following the commencement of this Act, whichever is sooner.2 Persons working as mountain guides or as snow sports instructors on the commencement of this Act who do not hold a cantonal licence must apply for a licence in their canton of residence within six months of the commencement of this Act.3 The Federal Council regulates when businesses offering activities under Article 1 paragraph 2 letters c–e  that are already operating on the commencement of this Act must fulfil the requirements hereof.Art. 20 Referendum and commencement  1 This Act is subject to an optional referendum.2 The Federal Council determines the commencement date.Commencement Date: 1 January 201466 Federal Council Decree of 30 Nov. 2012


text: 935.911English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.Ordinance on Mountain Guides and Organisers of other High-Risk Activities(High-Risk Activities Ordinance)of 30 January 2019 (Status as of 7 April 2020)The Swiss Federal Council,on the basis of Articles 1 paragraph 3, 4 paragraph 2, 5 paragraph 2, 6 paragraph 2,7 paragraph 4, 11 paragraph 2, 13 paragraph 2, 18 paragraph 2 and 19 paragraph 3 of the Federal Act of 17 December 20101 on Mountain Guides and Organisers of other High-Risk Activities (the Act), ordains:1 SR 935.91Chapter 1 General Provisions  Art. 1 Additional activities to which the Act applies  The Act applies to the following activities in addition to those named in Article 1 paragraph 2 thereof:a.the activities of aspiring mountain guides;b.the activities of climbing instructors;c.2the activities of mountain leaders.2 The correction of 7 April 2020 concerns the Italian text only (AS 2020 1191).Art. 2 Commercial activity  1 A person who earns a primary or secondary income by carrying on activities defined in Article 3 paragraph 1 on the territory of the Swiss Confederation is considered to be carrying on a commercial activity. 2 A person who carries on activities defined in Article 3 paragraph 1 of this Ordinance exclusively under the supervision and responsibility of not-for-profit organisations whose internal structures and requirements guarantee the safety of the participants is not considered to be carrying on a commercial activity.Chapter 2 Licensing  Section 1 Activities for which a Licence is required  Art. 3 1 A licence is required in order to offer the following activities:a.mountaineering;b.alpine hiking from difficulty level «T4» in accordance with Annex 2 number 1;c.touring with skis, snowboards and similar snow sports equipment;d.snowshoe tours from difficulty level «WT3» in accordance with Annex 2 number 3, with the exception of snowshoe tours on signposted, open winter hiking trails or snowshoe routes;e.off-piste skiing from difficulty level «WS» in accordance with Annex 2 number 2;f.use of vie ferrate;g.climbing frozen waterfalls and steep ice climbing;h.multi-pitch rock climbing;i.canyoning;j.river-rafting on flowing water from difficulty level «Whitewater III» in accordance with Annex 3 with a raft as defined in Article 2 paragraph 1 letter a number 12 of the Inland Navigation Ordinance of 8 November 19783;k.whitewater sports on flowing water from difficulty level «Whitewater III» in accordance with Annex 3 with a boat or other sports equipment such as a canoe, kayak, riverboard (hydrospeed), funyak or tube; l.bungee jumping, with the exception of activities performed by exhibitors who are licensed in accordance with Article 25 paragraph 2 of the Ordinance of 4 September 20024 on Itinerant Trade.2 Off-piste skiing is considered to be downhill skiing using snow sports equipment in locations accessible by mountain railways but not within the area of responsibility of ski lift or cableway operators.3 Canyoning is defined as entering or travelling in streambeds or riverbeds with limited escape options for which swimming or climbing techniques are required.4 Bungee jumping is considered to be jumping from heights in a free fall while attached to an elastic cord, or a pendulum jump.3 SR 747.201.14 SR 943.11Section 2 Licensing  Art. 4 Mountain guides  1 Licensed mountain guides are authorised to guide clients within the scope of the activities defined in Article 3 paragraph 1 letters a–h.2 The following are considered to be equivalent to a Federal Professional Education and Training Diploma as a Mountain Guide (Federal PET Diploma):a.licences issued under previous laws in accordance with Annex 4 number 1, if the holder can demonstrate that he or she has pursued the activity regularly and has completed sufficient further training; b.foreign certificates of competence which are recognised by the State Secretariat for Education, Research and Innovation (SERI) as equivalent;c.5a diploma as an international mountain guide recognised by the International Federation of Mountain Guide Associations (IFMGA).3 Licensed mountain guides are authorised to conduct canyoning if the guide has completed additional training with the Swiss Mountain Guide Association (SBV) or holds a diploma recognised by the IFMGA.6 5 Correction of 15 Oct. 2019 (AS 2019 3159).6 Correction of 15 Oct. 2019 (AS 2019 3159).Art. 5 Aspiring mountain guides  1 Licensed aspiring mountain guides are authorised to guide clients within the scope of activities defined in Article 3 paragraph 1 letters a–h if they do so under the direct or indirect supervision of and in joint responsibility with a mountain guide licensed in accordance with Article 4.2 Aspiring mountain guides are granted a licence if they:a.have passed the aspirant course of the Swiss Mountain Guide Association, an aspirant course recognised by the IFMGA, or a foreign aspirant course recognised by the Federal Office of Sport (FOSPO) as equivalent;b.guarantee that they will comply with their obligations under the Act and this Ordinance.3 Licensed aspiring mountain guides are authorised to guide canyoning if the aspirant has completed additional training with the Swiss Mountain Guide Association or holds a diploma recognised by the IFMGA and conducts the activity under the direct or indirect supervision of and in joint responsibility with a mountain guide licensed in accordance with Article 4 paragraph 3.7 7 Correction of 15 Oct. 2019 (AS 2019 3159).Art. 6 Climbing instructors  1 Licensed climbing instructors are authorised to accompany clients within the scope of the activities defined in Article 3 paragraph 1 letter h on condition that a safe ascent or descent:a.does not require the use of short roping;b.does not require crossing glaciers; andc.does not require the use of technical aids such as ice axes or crampons.2 Climbing instructors are granted a licence if they:a.are a Climbing Instructor with Federal PET Diploma as defined in Article 43 of the Vocational and Professional Education and Training Act of 13 December 20028 (VPETA) or have earned a foreign certificate of competence recognised by SERI as equivalent;b.guarantee that they will comply with their obligations under the Act and this Ordinance.3 Licences issued under previous laws in accordance with Annex 4 section 2 are considered to be equivalent to a Climbing Instructor with Federal PET Diploma if the holder can demonstrate that he or she has pursued the activity regularly and has completed sufficient further training.4 Licensed climbing instructors are also authorised to accompany clients within the scope of the activities defined in Article 3 paragraph 1 letter f on condition that the climbing instructor has completed additional training provided by or recognised by the Swiss Rock Guides Association or the Swiss Mountain Guide Association which covers the areas of safety and risk management when using vie ferrate. 5 Trainee climbing instructors may conduct these activities under the direct supervision and responsibility of a person licensed for the activities defined in Article 3 paragraph 1 letter h if this is necessary for their further training. 8 SR 412.10Art. 7 Snow sports instructors  1 Licensed snow sports instructors are authorised to accompany clients within the scope of the activities defined in Article 3 paragraph 1 letters c–e on the following conditions:a.the tour corresponds at a maximum to the following difficulty levels:1.ski tours: «WS» as defined in Annex 2 section 2,2.snowshoe tours: «WT3» as defined in Annex 2 section 3,3.off-piste skiing: «S» as defined in Annex 2 section 2, provided there is no risk of falling;b.no glaciers are crossed;c.apart from snow sports equipment, skins, ski crampons and snowshoes, no other technical aids such as ice axes, crampons or ropes have to be used in order to ensure the safety of the clients.2 The following are considered to be equivalent to a Snow Sports Instructor with Federal PET Diploma:a.licences issued under previous laws in accordance with Annex 4 section 3, if the holder can demonstrate that he or she has pursued the activity regularly and has completed sufficient further training;b.Swiss certificates of competence recognised by FOSPO as equivalent;c.foreign certificates of competence recognised by SERI as equivalent.3 Trainee snow sports instructors may conduct these activities under the direct supervision and responsibility of a person licensed for the activities defined in Article 3 paragraph 1 letters c–e if this is necessary for their further training.Art. 8 Mountain leaders  1 Licensed mountain leaders are authorised to accompany clients within the scope of the activities defined in Article 3 paragraph 1 letter d on the following conditions:a.the tour corresponds at a maximum to difficulty level «WT3» in accordance with Annex 2 section 3;b.no glaciers are crossed;c.apart from snowshoes, no technical aids such as ice axes, crampons or ropes have to be used in order to ensure the safety of the clients.2 The licence shall be granted if the mountain leader:a.is a mountain leader with Federal PET Diploma as defined in Article 43 VPETA9;b.guarantees that he or she will comply with the obligations under the Act and this Ordinance.3 The following are considered to be equivalent to a mountain leader with Federal PET Diploma as defined in Article 43 VPETA:a.foreign certificates of competence recognised by SERI as equivalent;b.an International Mountain Leader (IML) qualification recognised by the Union of International Mountain Leader Associations (UIMLA).4 Licensed mountain leaders are also authorised to accompany clients within the scope of the activities defined in Article 3 paragraph 1 letter b on the following conditions:a.the alpine hike corresponds at a maximum to difficulty level «T4» in accordance with Annex 2 section 1; b.the mountain leader has completed additional training provided by or recognised by the Berufsverband Schweizer Wanderleiter (Association of Swiss mountain leaders) or the Swiss Mountain Guide Association (SBV) which covers the areas of safety and risk management when undertaking alpine hikes up to level «T4»;c.the provisions of paragraph 1 letters b and c are fulfilled.5 Trainee mountain leaders may conduct these activities under the direct supervision and responsibility of a person licensed for the activities defined in Article 3 paragraph 1 letter d if this is necessary for their further training.9 SR 412.10Art. 9 Whitewater sports guides  1 Licensed whitewater sports guides are authorised to accompany clients within the scope of the activities defined in Article 3 paragraph 1 letter k.2 The licence shall be granted if the whitewater sports guide:a.is a Canoeing Instructor with Federal PET Diploma as defined in Article 43 VPETA10 or has earned a foreign certificate of competence recognised by SERI as equivalent;b.guarantees that he or she will comply with the obligations under the Act and this Ordinance.3 Trainee whitewater sports guides may conduct these activities under the direct supervision and responsibility of a person licensed for the activities defined in Article 3 paragraph 1 letter k if this is necessary for their further training.10 SR 412.10Art. 10 Businesses under Article 6 of the Act  Under Article 6 of the Act, businesses are authorised to accompany clients within the scope of the activities defined in Article 3 paragraph 1 for which the business is certified.Section 3 Certification  Art. 11 Certification body  Certification of businesses providing the activities defined in Article 3 paragraph 1 must be undertaken by a certification body recognised by the Federal Department of Defence, Civil Protection and Sport (DDPS).Art. 12 Recognition of certification bodies by the DDPS  1 The DDPS recognises certification bodies if they:a.certify in accordance with standard EN ISO/IEC 17021-1:201511;b.use ISO standards 21101:2014 «Adventure tourism – Safety management systems – Requirements»12 and 21103:2014 «Adventure tourism – Information for participants»13 and the associated technical report ISO/TR 21102:2013 «Adventure tourism – Leaders – Personnel competence»14 for their safety management system;c.only use auditors who can demonstrate specialist knowledge of the activities defined in Article 3 paragraph 1;d.ensure that the practical implementation of safety standards is monitored on the spot.2 Recognition is valid for a maximum of five years. On application it may be extended for a maximum of five years at a time, following a reassessment of the requirements for recognition.3 Recognised certification bodies are required to notify the DDPS, immediately and without being asked, of any material changes relating to their recognition.4 If there are indications that a recognised certification body no longer meets the requirements for recognition, the DDPS will conduct the necessary investigations. 5 The DDPS may suspend or withdraw recognition with immediate effect if the requirements for recognition are no longer met. In minor cases, the DDPS may impose restrictions or attach conditions to recognition until the deficiencies have been remedied.11 The standard may be viewed free of charge and obtained for a fee from the Swiss Association for Standardisation, Sulzerallee 70, 8404 Winterthur; www.snv.ch.12 The standards may be viewed free of charge and obtained for a fee from the Swiss Association for Standardisation, Sulzerallee 70, 8404 Winterthur; www.snv.ch.13 The standard may be viewed free of charge and obtained for a fee from the Swiss Association for Standardisation, Sulzerallee 70, 8404 Winterthur; www.snv.ch.14 The technical report may be viewed free of charge or obtained for a fee from the Swiss Association for Standardisation, Sulzerallee 70, 8404 Winterthur; www.snv.ch.Art. 13 Certification requirements  1 The minimum certification requirements as defined in Article 6 paragraph 1 letter a of the Act are met if:a.the safety management system of the business is based on the standards defined in Article 12 paragraph 1 letter b;b.the business takes the necessary steps to achieve the protection objective defined in paragraph 2, using the risk analysis templates in Annex 5;c.activities defined in Article 3 paragraph 1 are implemented only by leaders and assistants who hold a recognised certificate of competence as defined in Article 15.2 The protection objective for the conduct of activities as defined in Article 3 paragraph 1 is fewer than five deaths per 10 million hours of activity.3 The Federal Department of Defence, Civil Protection and Sport (DDPS) shall amend Annex 5 whenever the risk analysis templates are revised.Art. 14 Recognition of certification obtained abroad  1 FOSPO recognises certification obtained abroad provided that the requirements defined in Article 13 are met.2 Before reaching a decision, it shall obtain an expert opinion on the institution in accordance with Article 16 paragraph 1.3 It may suspend or withdraw recognition with immediate effect if the requirements for recognition are no longer met. In minor cases, FOSPO may impose restrictions or attach conditions to recognition until the deficiencies have been remedied.Art. 15 Recognition of certificates of competence for leaders and assistants  1 FOSPO recognises Swiss and foreign certificates of competence for leaders and assistants (Art. 13 para. 1 letter c) provided that the certificates were issued in compliance with the following requirements:a.The person has passed an examination and provided evidence of sufficient practical experience before the start of the examination.b.The examination was both theoretical and practical in nature and covered knowledge and skills relevant to safety.c.The examination lasted for at least one working day.d.The examination was conducted by at least two specialists, of whom at least one was neither the employer nor the person who provided training.e.The qualifications meet the requirements of a reputable Switzerland-wide industry association, or a government body.2 Before reaching a decision, FOSPO shall obtain an expert opinion on the institution in accordance with Article 16 paragraph 1.3 The granting of recognition is published on the Internet.4 FOSPO may suspend or withdraw recognition with immediate effect if the requirements for recognition are no longer met. In minor cases, FOSPO may impose restrictions or attach conditions to recognition until the deficiencies have been remedied.Art. 16 Safety plans and safety checks  1 FOSPO shall designate an appropriate institution which draws up and develops safety plans and safety checks, especially in the area of risk analysis templates, evaluating qualifications, evaluating foreign certification and providing resources for the certification process.2 It may conclude a service agreement with the institution, setting out the objectives of the collaboration, the services to be provided, the reporting and controlling specifications, and compensation.Section 4 Compulsory Registration for Persons from the EU and EFTA states Art. 17 Nationals of a Member State of the European Union (EU) or the European Free Trade Association (EFTA) who did not obtain their professional qualification in Switzerland and who wish to work in Switzerland on a self-employed basis or as a posted worker for the purpose of providing a service must, before commencing their professional activities in Switzerland, fulfil a compulsory registration requirement in accordance with legislation governing the compulsory registration and verification of professional qualifications for service providers in regulated professions.Section 5 Procedure  Art. 18 Granting a licence  1 The applicant for the licence must submit the application in writing to the cantonal authorities of the applicant's place of residence or registered office. If the person is resident or has a registered office abroad, the application must be submitted to the cantonal authorities at the primary place of business.2 The application must contain the information and documents set out in Annex 1.3 Cantons may require that their own application form be used.4 The authority shall review the application and the accompanying documents within 10 days of submission. If the application is deficient or incomplete, the authority shall reject it and set a deadline for its correction or completion. If this deadline is not met, the application is considered to be withdrawn.5 The authority shall decide on the application within 10 days of the point in time at which the application is available in a complete and correct form.6 Article 8 paragraph 2 and Article 9 paragraph 1 of the Ordinance also apply by analogy to aspirant mountain guides, rock climbing instructors, hiking guides and whitewater sports guides. 7 In all other respects the procedure is governed by cantonal procedural law.Art. 19 Renewing a licence  1 In order to renew a licence, holders of an individual licence for activities defined in Article 3 paragraph 1 letters a–h and k must:a.prove that since the granting or last renewal of the licence, they have participated in further training of at least two days’ duration offered or recognised by one of the professional organisations on the subject of safety and risk management and covering topics referred to in Article 2 of the Act;b.have professional indemnity insurance in accordance with Article 13 of the Act. 2 In order to have their licences renewed in accordance with Article 6 of the Act, businesses must:a.prove they have valid certification; if the certification expires during the three-year certification cycle in accordance with the standard EN ISO/IEC 17021-1:201515, the licence is extended to the end of the certification cycle free of charge, on presentation of a successful monitoring audit;b.have professional indemnity insurance in accordance with Article 13 of the Act.3 In all other respects Article 18 applies to the procedure.15 The standard may be viewed free of charge and obtained for a fee from the Swiss Association for Standardisation, Sulzerallee 70, 8404 Winterthur; www.snv.ch.Art. 20 Reporting of changes  Licence holders are obliged to inform the competent cantonal authority within 30 days of the following changes:a.changes to the information in Annex 1;b.non-extension/non-renewal of certification;c.changes in conjunction with the holder's professional indemnity insurance in accordance with Article 13 of the Act and Article 24. Art. 21 List of licences  1 A list of the licences awarded under Articles 4–10 is published on the Internet by the Federal Office of Sport (FOSPO).2 This list contains the following data:a.last name and first name or company name of the licence holder;b.postal address;c.type of licence;d.date of expiry of licence;e.website of licence holder if the holder has made this information available voluntarily.3 Data is entered in this list by the responsible cantonal authority.4 FOSPO and the responsible cantonal authority may edit the data.5 The data may be used only for the purpose foreseen in Article 12 of the Act.Art. 22 Measures in the event of a failure to observe provisions  1 The cantonal authority responsible for granting the licence shall take the necessary measures if it determines that the provisions of the Act or this Ordinance are not being observed, i.e. if:a.the conditions for granting the licence are no longer met;b.the licence holder no longer has professional indemnity insurance;c.the duty to provide information has been violated.2 If it is expected that the deficiency can be remedied, the authority shall set an appropriate deadline for remedying it. This deadline may be extended in justifiable cases.3 If there is no prospect of remedying the deficiency and it would be irresponsible to continue to offer the activity, the authority shall prohibit the licence holder from offering the activity and shall withdraw the licence.4 Cantonal law enforcement authorities which determine that the provisions of the Act or this Ordinance have not been observed are required to report this to the cantonal authority responsible for the licence.Art. 23 Fees  1 The following fees are charged:a.for granting and renewing a licence: maximum CHF 100;b.for withdrawing a licence: maximum CHF 200.2 If the review of documents or the withdrawal of a licence necessitates an extraordinary amount of work, a fee of up to CHF 100 per hour shall be charged. Every half hour commenced is charged as a full half hour.3 Expenses, in particular the costs of expert opinions, and fees charged by SERI for the recognition of foreign qualifications shall be calculated separately and invoiced in addition to the basic fee schedule.4 In all other respects, the provisions of the General Fees Ordinance of 8 September 200416 apply.16 SR 172.041.1Chapter 3 Insurance and Duty to provide Information  Art. 24 Compulsory insurance  1 The minimum cover provided by the licence holder's professional indemnity insurance as outlined in Article 13 of the Act must amount to CHF 5 million annually.2 The following security is considered to be equivalent to professional indemnity insurance:a.a surety or bank guarantee declaration for the sum of CHF 5 million;b.a blocked bank account holding CHF 5 million.3 The insurance company or bank must be licensed by or registered with the responsible supervisory authority.4 Article 13 of the Act also applies to aspirant mountain guides, rock climbing instructors, mountain leaders and whitewater sports guides. Art. 25 Duty to provide information  Persons who hold licences under the Act must inform their clients of their insurance cover or the equivalent surety or guarantee:a.in their contracts and their General Terms and Conditions;b.in booking confirmations and on tickets;c.on their websites or in their online information.Chapter 4 Cantonal Variant Inventory  Art. 26 Cantons may list tours and downhill ski runs on their territory in an inventory which describes the training necessary for offering the respective tour or downhill ski run.Chapter 5 Applicability of Criminal Provisions of the Act  Art. 27 Article 15 of the Act also applies to aspirant mountain guides, rock climbing instructors, mountain leaders and whitewater sports guides. Chapter 6 Final Provisions  Art. 28 Revocation of another decree  The High-Risk Activities Ordinance of 30 November 201217 is revoked.17 [AS 2013 447, 2014 2767]Art. 29 Transitional provisions  1 Licences issued under previous laws remain valid until the expiry of their period of validity.2 Providers who are certified in accordance with Article 6 of the Act at the time when the Ordinance comes into force may apply for a licence under the previous law until the end of the certification cycle. 3 Certificates of competence obtained under previous laws and entered by the «Safety in adventures» foundation on the list of training courses of 30 November 201818 meet the requirements of Article 13 paragraph 1 letter c.18 The list of training courses (in German, French and Italian only) may be viewed free of charge at: www.baspo.admin.ch > Aktuell > Themen (Dossiers) > Gesetz über Risikoaktivitäten > Merkblätter und Links.Art. 30 Commencement  This Ordinance comes into force on 1 May 2019.Annex 119 19 The correction of 7 April 2020 concerns the Italian text only (AS 2020 1191).(Art. 18 para. 2 and 20 letter a)Information and documents required in the licence procedure 1. Information and documents required of natural persons 1 The application must contain the following information:a.Last name, first name(s);b.Date of birth;c.Home town, or in the case of foreigners: place of birth;d.Residential and business addresses.2 The application must be accompanied by the following documents:a.Copy of the permanent residence permit, residence permit or current travel document, together with a visa where applicable;b.An extract from the commercial register which is no older than two months if the person has an entry in the commercial register; in the case of persons resident abroad, a certificate of registration in the corresponding foreign register should be submitted;c.For mountain guides, climbing instructors, snow sports instructors, mountain leaders and whitewater sports guides: a copy of the professional diploma or proof of training recognised as equivalent; d.For aspiring mountain guides: a copy of the diploma or certificate from the Swiss Mountain Guide Association aspirant course, an IFMGA aspirant course or a foreign aspirant course recognised as equivalent by FOSPO;e.For mountain guides and aspiring mountain guides who are applying for a canyoning licence under Article 4 paragraph 3 and Article 5 paragraph 3: a copy of the certificate of additional training recognised by the Swiss Mountain Guide Association or the IFMGA;f.For climbing instructors who are applying for a licence for the use of vie ferrate under Article 6 paragraph 4: a copy of the certificate of additional training issued by or recognised by the Swiss Rock Guides Association;g.For mountain leaders who are applying for a licence for alpine hikes under Article 8 paragraph 4: a copy of the certificate of additional training recognised by the Berufsverband Schweizer Wanderleiter (Association of Swiss mountain leaders).2. Information and documents required of private legal entities and sole proprietorships 1 The application must contain the following information:a.Name;b.Headquarters and registered office of any branches in Switzerland;c.Business address;d.Name of responsible person.2 The application must be accompanied by the following documents:a.In the case of private legal entities with a registered office in Switzerland: an extract from the commercial register which is not older than two months;b.In the case of private legal entities with a registered office abroad: a certificate of registration in the corresponding foreign register;c.Valid certification in accordance with Article 13.Annex 2 (Art. 3 para. 1 letters b–e, 7 para. 1 letter a, 8 para. 1 letter a and 4 letter a)Difficulty levels for ski tours and snowshoe tours, off-piste skiing and alpine hiking The difficulty levels in the following scales20 apply with respect to this Ordinance: 1.Swiss Alpine Club (SAC) alpine tour and hiking scale of 5 September 2012;2.Swiss Alpine Club (SAC) ski tour scale of September 2012;3.Swiss Alpine Club (SAC) snowshoe tour scale of September 2012.20 The scales may be viewed free of charge on the FOSPO website (in German, French and Italian only) at: www.baspo.admin.ch > Aktuell > Themen (Dossiers) > Gesetz über Risikoaktivitäten > Merkblätter und Links.Annex 3 (Art. 3 para. 1 letters j and k)Whitewater difficulty levels Whitewater I: Easy ViewClearWaterRegular currents, regular waves, small swellsRiverbedNo serious obstaclesWhitewater II: Moderately difficult ViewPassage clearWaterIrregular currents, irregular waves, mid-sized swells, weak breaking waves, eddies and reversalsRiverbedSimple obstacles in the current, small dropsWhitewater III: Difficult ViewPassage easy to recogniseWaterHigh, irregular waves, larger swells, breaking waves, eddies and reversalsRiverbedSingle exposed boulders, drops, other obstacles in currentWhitewater IV: Very difficult ViewPassage not obviously recognisable; scouting is generally necessaryWaterHigh, long-lasting swells, strong breaking waves, eddies and reversalsRiverbedCurrent obstructed by offset boulders, higher drops with backflowWhitewater V: Extremely difficult ViewScouting is absolutely essentialWaterExtreme swells, extreme breaking waves, eddies and reversalsRiverbedExtreme obstructions, high drops with difficult approaches or exitsWhitewater VI: Practically impassable Generally not passable, possibly passable at specific water levelsAnnex 4 (Art. 4 para. 2 letter a, 6 para. 3 and 7 para. 2 letter a)Licences issued under previous laws 1. Mountain guides 1.Graubünden mountain guide licence acquired before 26 November 2000;2.Bern mountain guide licence acquired before 1 January 2001;3.Valais mountain guide licence acquired before 1 January 2001.2. Climbing instructors Swiss Mountain Guide Association Climbing Instructor diploma acquired before 31 December 2011.3. Snow sports instructors 1.Graubünden ski instructor licence acquired before 26 November 2000;2.Graubünden snowboard instructor licence acquired before 26 November 2000;3.Graubünden cross-country ski instructor licence acquired before 26 November 2000;4.Bern ski instructor licence acquired before 1 July 1999;5.Valais ski instructor diploma acquired before 31 December 2003;6.Vaud ski instructor licence acquired before 25 September 1996.Annex 5 (Art. 13 para. 1 letter b)Risk analysis templates  1. In relation to certification, reference should be made to the following risk analysis templates of the institution as defined in Article 1621 (available in German and French only): a.Mountaineering, dated 31 August 2018;b.Canyoning, dated 31 August 2018;c.River rafting, dated 31 August 2018;d.Whitewater sports , dated 31 August 2018;e.Bungee jumping, dated 31 August 2018.2. Certification may be based on a different risk analysis, provided that an equivalent standard of safety is guaranteed.21 The risk analysis templates may be viewed (in German and French only) free of charge at: www.baspo.admin.ch > Aktuell > Themen (Dossiers) > Gesetz über Risikoaktivitäten > Merkblätter und Links.