text: 742.161English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.Ordinanceon the Safety Investigation of Transport Incidents(OSITI)of 17 December 2014 (Status as of 1 February 2015)The Swiss Federal Council,on the basis of Articles 15a paragraphs 1 and 5, 15b paragraph 6, 15c and 95 of the Railways Act from 20 December 19571 (RailA), on Article 12 paragraph 1 of the Federal Act of 5 October 19902 on Private Sidings, on Article 5 paragraph 2 of the Navigation Act of 23 September 19533and on Articles 25 paragraphs 1 and 5, 26 paragraph 6 and 26a paragraph 1 of the Civil Aviation Act of 21 December 19484 (CAA), in implementation of Regulation (EU) No 996/20105 in the version binding on Switzerland in accordance with number 3 of the Annex to the Agreement of 21 June 19996 between the Swiss Confederation and the European Union on Air Transport and Directive 2004/49/EC7 in the version currently binding on Switzerland in accordance with Annex 1 to the Agreement of 21 June 19998 between the Swiss Confederation and the European Union on the carriage of goods and passengers by rail and road,ordains:1 SR 742.1012 SR 742.141.53 SR 747.304 SR 748.05 Regulation (EU) Nr. 996/2010 of the European Parliament and of the Council of  20 October 2010 on the investigation and prevention of accidents and incidents in civil aviation and repealing Directive 94/56/EC, OJ L 295 of 12.11.2010, p. 35–50.6 SR 0.748.127.192.687 Directive 2004/49/EC of the European Parliament and of the Council of 29 April 2004 on safety on the Community’s railways and amending Council Directive 95/18/EC on the licensing of railway undertakings and Directive 2001/14/EC on the allocation of railway infrastructure capacity, and the levying of charges for the use of railway infrastructure and safety certification (Railway Safety Directive), OJ L 164 of 30.4.2004, p. 44; last amended by Directive 2009/149/EC, OJ L 313 of 28.11.2009, p. 65.8 SR 0.740.72Section 1 General Provisions Art. 1 Subject matter  1 This Ordinance regulates the reporting and investigation of incidents:a.involving railway undertakings and federally-licensed cableway, automobile, trolleybus and shipping undertakings, and on private sidings (public transport);b.in civil aviation within Switzerland and involving Swiss aircraft abroad; c.in maritime navigation involving maritime vessels entered in the Swiss Maritime Shipping Register.2 It regulates the organisation and tasks of the Swiss Transportation Safety Investigation Board (STSB).Art. 2 Purpose and subject matter of investigations  1 Investigations serve to prevent further incidents.2 The subject of investigations are the technical, operational, human, organisational and systemic causes and circumstances that led to the incident.Art. 3 Incidents  Incidents are defined as follows:a.in public transport: events set out in Articles 15 and 16;b.in civil aviation: accidents and incidents as defined in Article 2 of Regulation (EU) No 996/2010;c.in maritime navigation: events that require a Flag State to hold an investigation under Article 94 number 7 of the United Nations Convention on the Law of the Sea of 10 December 19829.9 SR 0.747.305.15Art. 4 Public transport: special terms  In public transport:a.accident means any event resulting in a fatal or serious injury, considerable property damage or a major accident as defined in the Major Accidents Ordinance of 27 February 199110;b.serious incident means any event that would have led to an accident had it not been prevented by automatic safety precautions;c.fatal injury means any injury sustained by a person in an accident which results in his or her death within 30 days of the date of the accident;d.serious injury means any injury sustained by a person in an accident the treatment of which necessitates hospitalisation for more than 24 hours;e.minor injury means any injury that necessitates out-patient treatment;f.considerable property damage means property damage that is a direct consequence of an accident, the value of which exceeds 50,000 francs in the case of cableways or 180,000 francs in the case of all other forms of transport;g.substantial incident means any incident that interrupts the operation of a line for at least six hours;h.exceptional event means any event due to the technical failure of safety-related installations or to inadequate or defective safety measures or to safety-related human error;i.dangerous goods event means any event under Section 1.8.5 of the Regulations concerning the International Carriage of Dangerous Goods by Rail (RID)11, Annex C to the Convention of 9 May 198012 concerning International Carriage by Rail (COTIF) in the version of the Protocol of Modification of 3 June 199913;j.signalling incident means any event in which part of a train or a shunting operation travels beyond the permitted endpoint of the journey.10 SR 814.01211 The RID is not published in the AS or in the SR. A separate publication including amendments may be obtained from the Bundesamt für Bauten und Logistik, Verkauf Bundespublikationen, 3003 Bern, or directly from the Intergovernmental Organisation for International Carriage by Rail (OTIF), www.otif.org.12 SR 0.742.403.113 SR 0.742.403.12Art. 514 Civil aviation: Equivalence of terms  For the correct interpretation of Regulation (EU) No 996/2010, which is referred to in this Ordinance, the following terminological equivalences apply:Term in Regulation (EU) No 996/2010Term in this Ordinancefinal reportfinal reportserious incidentserious incidentwitnesseswitnesses14  This Article is only of relevance to the Swiss language versions.Section 2 Organisation and Tasks of the STSB Art. 6 Status  The Swiss Transportation Safety Investigation Board (STSB) is an extra-parliamentary committee under Articles 57a-57g of the Government and Administration Organisation Act of 21 March 199715.15 SR 172.010Art. 7 Composition  The STSB comprises three to five independent specialists from the relevant transport sectors.Art. 8 Investigation Bureau  The STSB has a specialist secretariat (the Investigation Bureau).Art. 9 Independence  1 The STSB and its members act in accordance with directives.2 The STSB shall take the organisational measures required to safeguard its interests and prevent conflicts of interest.Art. 10 Tasks of the STSB  The STSB has the following tasks:a.it investigates transport incidents.b.it organises itself and the Investigation Bureau, unless such organisation is regulated by this Ordinance or the order constituting the STSB.c.it determines the goals and priorities for its activities.d.it appoints the Director of the Investigation Bureau and its other staff.e.it designates the reporting office.f.it ensures that the chief investigators and specialists required for the investigations are made available.g.it supervises the Investigation Bureau.h.it approves the final report (Art. 47).i.it decides on objections to rulings issued in investigations (Art. 15b para. 4 RailA, Art. 26 para. 4 CAA).j.it ensures an effective quality assurance system.k.it prepares an annual report on its activities for each financial year, in particular on the achievement of goals, submits the same to the Federal Council for information and publishes the same thereafter.Art. 11 Tasks of the Director of the Investigation Bureau  The Director of the Investigation Bureau has the following tasks:a.he or she draws up the principles for the STSB’s decisions and reports to the STSB regularly on the activities of the Investigation Bureau, and immediately in the event of special circumstances.b.he or she carries out the tasks not assigned to another body.Art. 12 Tasks of the reporting office  1 The reporting office accepts reports of incidents at all times.2 It forwards the reports immediately to the Investigation Bureau.Art. 13 Staff of the Investigation Bureau  The staff of the Investigation Bureau, including the Director, are governed by the law on federal personnel.Art. 14 Official secrecy  1 The members of the STSB, the staff of the Investigation Bureau and external experts shall preserve official secrecy.2 For members of the STSB, the Federal Department of the Environment, Transport, Energy and Communications (DETEC) is the superior authority responsible for an exemption from the requirements of official secrecy (Art. 320 Sec. 2 of the Criminal Code16).16 SR 311.0Section 3: Reporting Obligations Art. 15 Public Transport: Reports to the reporting office  1 Public transport undertakings shall report the following immediately to the reporting office immediately:a.accidents;b.serious incidents;c.exceptional events;d.suspected or proven sabotage;e.fires in vehicles;f.sinking, collision and grounding of ships.2 Obvious suicides and attempted suicides, and incidents on public roads that due to a violation of road traffic regulations need not be reported.3 Rail transport undertakings involved in an incident on the network of an infrastructure operator shall report this incident to the infrastructure operator concerned, which shall forward the report immediately to the reporting office.Art. 16 Public transport: Reports to the FOT  1 The public transport undertakings shall report the following to the Federal Office of Transport (FOT):a.events under Article 15 paragraph 1;b.events resulting in minor injuries;c.events with property damage valued at over 100 000 francs;d.serious disruption;e.dangerous goods events;f.larger explosions and fires in safety-related installations;g.suicides, and attempted suicides that result at least in a minor injury.2 The following events must also be reported to the FOT:a.by railway undertakings:1.derailments during train or shunting movements,2.collisions with other vehicles or obstacles during train or shunting movements,3.runaway rail vehicles,4.non-observation of signals;b.by cableway undertakings:1.cable breaks and derailments,2.vehicles falling or being derailed from the cable,3.collisions with other vehicles, with the infrastructure or with external obstacles,4.damage as a result of exceeding profile limits,5.failure of acceleration or deceleration devices on entering and leaving stations, and of brakes and clamps,6.persons falling from vehicles.3 The events must be reported within 30 days.Art. 17 Civil aviation: duty to report  1 Civil aviation incidents must be reported to the reporting office immediately by the following persons or bodies involved:a.the owners of the aircraft;b.the proprietors of the aircraft;c.the airlines;d.the flight crew;e.the air traffic control;f.the aerodrome operators;g.the police forces;h.the customs authorities;i.the Federal Office of Civil Aviation.2 Incidents involving micro-light aircraft, hang gliders, parachutes, manned kites, paragliders and tethered balloons need not be reported.Art. 18 Maritime navigation: Duty of disclosure  The Swiss Maritime Navigation Office, the ship’s command, the Swiss Shipowners’ Association and the classification societies recognised by Switzerland shall report incidents under Article 3 letter c immediately to the reporting office.Art. 19 Report to foreign authorities  1 The STSB shall report incidents on Swiss sovereign territory involving foreign undertakings to the competent authorities in the states in which such undertakings are registered. 2 The report must not include sensitive personal data under Article 3 of the Federal Act of 19 June 199217 on Data Protection.17 SR 235.1Section 4 Investigations Art. 20 Subject of the investigation  1 The STSB shall investigate the incidents that must be reported to the reporting office.2 It investigates incidents that occur abroad only if:a.an investigation relating to an incident in a foreign state involving a Swiss aircraft or an aircraft manufactured in Switzerland is assigned to the Swiss authorities;b.the incident occurs outside the sovereign territory of any state; orc.no foreign investigating authority is prepared to conduct the investigation.3 It investigates incidents involving aircraft used by the customs or police authorities only if it is expected that the investigation may bring results that will be important in preventing further incidents.4 It may investigate other incidents if it is expected that the investigation may bring results that will be important in preventing further incidents.Art. 21 Opening the investigation  1 The Investigation Bureau opens the investigation.2 It appoints the person responsible for leading the investigation. It may assign other staff or appoint external specialists to assist this person.Art. 22 Recusal  1 Persons assigned to work on the investigation shall recuse themselves if they:a.have a personal interest in the matter;b.are employed by an undertaking involved, are a member of its management bodies or are entrusted with its audit;c.are related in direct or collateral line or by marriage, engagement or adoption to:1.an owner, proprietor, or operator of a means of transport or of transport infrastructure that is involved in or affected by the incident,2.a manager or a member of a management body of an undertaking involved,3.a person involved in or affected by the incident,4.any other person with an interest in the outcome of the investigation;d.may not be impartial for any other reason.2 If they have an interest in an undertaking that is involved, they must report this to the Director of the Investigation Bureau.3 If there is any dispute over recusal, the STSB decides.Art. 23 Coordination with prosecution and administrative authorities  1 The investigation is conducted irrespective of any criminal or administrative proceedings.2 The prosecution and administrative authorities and the STSB shall coordinate their activities.3 They shall provide each other with investigation documents, assessments and records free of charge.Art. 24 Use of information in criminal proceedings  The information that any person provides in terms of a safety investigation may only be used in criminal proceedings with that person’s consent.Art. 25 Civil aviation: coordination with military courts  If Swiss military aircraft are involved in an incident, the person leading the investigation and the competent military courts shall coordinate their activities.Art. 26 Recording personal details  The prosecution authorities and the persons responsible for the undertaking involved and, if applicable, the aerodrome management shall record the names and addresses of persons who could provide useful information.Art. 27 Security measures and duty to guard the site  1 The Investigation Bureau shall order the required security measures, in particular the guarding of the accident site, and shall decide on when to revoke such measures relating to the accident site. Measures by the prosecution authorities are reserved.2 The prosecution authorities and the persons responsible for security and rescue operations shall ensure that no changes are made to accident site other than those required for the security and rescue operations.3 Dead bodies may only be removed with the consent of the Investigation Bureau and the prosecution authority. In clear cases of suicide affecting public transport undertakings only, the consent of the Investigation Bureau is not required.4 Any changes made to the accident site must be documented.5 Image recordings, sound recordings, functional statuses of safety devices and other data that could assist in establishing the causes and circumstances of the incident must be secured immediately.Art. 28 Access to the accident site  1 Until the Investigation Bureau begins its activities, the prosecution authority decides who has access to the accident site. Thereafter the Investigation Bureau decides in consultation with the prosecution authority.2 The persons responsible for the security and rescue operations and the prosecution authorities shall have unlimited access.3 The representatives of the competent federal authorities, authorised persons from a foreign state and other persons who can establish a prima facie legal interest in the outcome of the investigation shall be granted access provided the investigation activities is not disrupted thereby.Art. 29 Investigation activities  1 The Investigation Bureau shall carry out the required investigation activities. It may dispense with certain investigation activities if unreasonably high costs would be incurred in order to carry out such activities when compared with the expected results.2 It may instruct external specialists to deal with special technical issues.3 It may require the undertakings involved or the air traffic control bodies to provide electronic records in a form that can be read without taking special technical measures.4 The originals of the records must be held in safekeeping. They may only be deleted with the authorisation of the Investigation Bureau and the competent law enforcement authority.Art. 30 Public transport: Duty of railway undertakings to provide support  1 The railway undertakings involved must, insofar as it is necessary and possible, organise the transport of Investigation Bureau members and other persons involved in the investigation from the nearest accessible station to the accident site.2 They must provide the Investigation Bureau free of charge with the personnel and technical aids that are immediately required for the investigation activities at the accident site.3 They must provide free of charge the infrastructure, personnel, technical aids and required documents that are required for follow-up investigations and trial runs.Art. 31 Summons  1 The Investigation Bureau may summon persons who can provide the useful information. The form and content of the summons are governed by Article 201 of the Criminal Procedure Code18 (CrimPC).2 The summons shall be served at least three days prior to the date fixed. When determining the date, appropriate account shall be taken of the availability of the person being summoned.3 In cases of urgency or with the consent of the person being summoned, the requirements relating to form and deadlines may be waived.18 SR 312.0Art. 32 Searches  1 The Investigation Bureau may search items of property, records, buildings, dwellings and other not generally accessible areas.2 It may only conduct a search with the consent of the authorised proprietor; the foregoing does not apply to records.3 The consent of the authorised proprietor is not required if there is reason to believe that important information relating to the cause of the incident is being withheld from the Investigation Bureau.4 Searches are governed by Articles 245–247 and 248 paragraphs 1, 2 and 4 CrimPC19.5 The Federal Administrative Court shall decide within one month on any request for the removal of seals filed by the Investigation Bureau. The decision is final.19 SR 312.0Art. 33 Seizure  1 The Investigation Bureau may seize incident-related items of property, their constituent parts and any other useful items.2 Seizure is governed by Articles 264 paragraphs 1 and 3, 265 paragraphs 1, 2 and 4, 266 paragraphs 1 and 2 and 267 paragraphs 5 and 6 CrimPC20.20 SR 312.0Art. 34 Medical investigations  1 The Investigation Bureau may require persons involved in the operation of a means of transport to undergo a medical examination of their physical or mental condition.2 Intervention in a person’s physical integrity may be ordered provided it does not cause particular pain or any risk to health.3 Examinations are governed by Article 252 CrimPC21.21 SR 312.0Art. 35 Autopsies  1 The Investigation Bureau shall arrange for a forensic medicine institute to conduct an autopsy if persons concerned in the operation of a means of transport involved are killed in an accident or die later as the consequence of the accident.2 It may the order an autopsy for other persons who have died as a result of the accident.3 It shall inform the competent law enforcement authority before releasing the body.Art. 36 Obtaining expert opinions  1 The Investigation Bureau may obtain expert opinions.2 The procedure is governed by Articles 182, 183 paragraph 1, 184 with the exception of paragraph 2 letter f and paragraph 7, 185 with the exception of an appearance enforced by the police in paragraph 4, 187, 189 and 190 CrimPC22.22 SR 312.0Art. 37 Maritime navigation: Compulsory measures  The compulsory measures provided for in this Ordinance (Art. 31–36) only apply in the case of maritime navigation to the extent that they have a basis in the Navigation Act23.23 SR 747.30Art. 38 Release of accident-related items of property  The Investigation Bureau decides on the release of accident-related items of property or their component parts. Orders issued by the law enforcement authorities are reserved.Art. 39 Investigation activities ordered by interested parties  1 Interested parties may propose that the Investigation Bureau carry out specific investigation activities.2 There is no right to have specific investigation activities carried out.Art. 40 Right to refuse to testify  The Investigation Bureau shall advise witnesses of their right to refuse to testify.Art. 41 Transcript  1 A summary transcript shall be made of interviews with witnesses. The interviewer and interviewee shall both sign the transcript. If an interviewee does not sign, the reason must be stated in the transcript.2 Instead of a summary transcript, an audio recording may be made of the interview. A transcript may be made of recorded interview if this is required for the investigation.3 The place, date, start and end times of the interview must be noted in the transcript or stated on the recording.Art. 42 Investigation notes  1 The examination of incident-related items of property, inspections, measures to reconstruct the events of the incident, witness interviews and further investigation activities shall be recorded in investigation notes.2 The investigation notes must be dated and signed by the person leading the investigation or the authorised investigator.Art. 43 Preliminary report  1 As soon as the events of an incident are established in their essential respects, the Investigation Bureau shall issue a preliminary report. This shall as a minimum contain particulars of the persons and means of transport involved, the course of events and the person leading the investigation.2 The preliminary report shall be sent for information purposes to the personnel, proprietors, owners and operators of the means of transport involved, the competent department, federal office and prosecution authority. The disclosure of names is governed by Article 54.3 The provision of information to the competent foreign authorities and organisations is governed by international law.Art. 44 Interim report  The Investigation Bureau shall immediately issue an interim report with corresponding recommendations to the competent department and the federal office in order to notify them of the essential results of the investigation that are relevant for the prevention of further incidents and which may require immediate measures to be taken.Art. 45 Summary investigation and summary report: General remarks  1 The Investigation Bureau may conclude an investigation if it is established as a result of the initial investigation activities that further investigation activities will not provide any useful findings.2 It may limit itself in a summary investigation to interviewing the persons involved and other persons concerned.3 It shall issue a summary report. This shall provide information on the persons and means of transport involved and the events of the incident.4 It shall publish the report online.Art. 46 Summary investigation and summary report:  Civil aviation  1 Incidents involving aircraft with a maximum permissible take-off weight not exceeding 2250 kg shall only be subject to a summary investigation.2 A full investigation shall however be carried out if:a.any person suffers a fatal or serious injury;b.it is suspected that the incident was due to the aircraft being insufficiently airworthy, provided the insufficiency does not relate exclusively to the landing gear;c.the incident occurred during a commercial flight or training flight and the aircraft was seriously damaged;d.the Investigation Bureau takes the view that a full investigation of the incident would be especially useful;e.in an incident involving a foreign aircraft, the foreign investigating authority requests a full investigation.3 Incidents involving motor gliders, gliders, free balloons and special category self-construction aircraft are subject only to a summary investigation if a person has suffered a fatal or serious injury. The Investigation Bureau may order a full investigation if it takes the view that it would be especially useful in order to prevent further accidents.Art. 47 Final report  1 The Investigation Bureau shall compile the results of the investigation in a final report.2 The final report provides information on:a.the persons, undertakings, means of transport and transport infrastructure involved and concerned,;b.the events of the incident and their causes and circumstances;c.the extent of the injuries to persons and damage to property;d.the results of the investigations and expert opinions.3 If safety defects have been established, the final report shall contain related safety recommendations.4 The Investigation Bureau shall send a draft of the final report for comment to the parties directly concerned by and involved in the investigation and to the competent department and the federal office.5 Responses may be submitted within 60 days of receipt of the draft of the final report.6 The Investigation Bureau shall revise the final report to take account of the comments and submit the revised report to the STSB for approval.7 It shall send the final report to the persons and bodies that have already received a draft of the final report.Art. 48 Safety recommendations  1 The STSB shall submit the safety recommendations to the competent federal office and notify the competent department of the recommendations. In the case of urgent safety issues, it shall notify the competent department immediately. It may send comments to the competent department on the implementation reports issued by the federal office.2 The federal offices shall report to the STSB and the competent department periodically on the implementation of the recommendations or on the reasons why they have decided not to take measures.3 The competent department may instruct the competent federal office to implement recommendations.Art. 49 Reopening the investigation  If important new matters come to light within ten years of approval of the final report, the Investigation Bureau shall reopen the investigation on its own initiative or on request.Art. 50 Costs of the investigation  1 The persons who caused the incident may be required to pay the following shares of the investigation costs:a.in the case of wilful conduct: 50–75 per cent;b.in the case of grossly negligent conduct: 25–50 per cent.2 The costs of policing duties in connection with an incident are not investigation costs, unless the Investigation Bureau has expressly assigned investigation duties to the police.Art. 51 Inspection of files  1 The following persons may file a request to inspect the case files:a.persons directly concerned by the investigation;b.the competent federal office;c.the cantonal prosecution authorities;d.the persons involved in the investigation who represent a foreign state.2 The right to inspect files may be limited, refused or postponed if the interests of the investigation under this Ordinance or of another ongoing investigation so require.3 If the investigation has been concluded, the Investigation Bureau shall make the files available on request to the competent investigating, court and administrative authorities for the purposes of their proceedings.Art. 52 Deadlines  1 Investigations into incidents must be concluded within 12 months.2 In the case of incidents involving large aircraft or maritime vessels, a deadline of 18 months applies. A large aircraft is an aircraft with a maximum permissible take-off weight of at least 5700 kg that is classified in the airworthiness category Standard, subcategory Transport or has more than ten seats for passengers and crew.3 If the deadline cannot be met, the person leading the investigation shall notify the Director of the Investigation Bureau and explain the delay. The Director of the Investigation Bureau shall allow an appropriate additional period.Section 5 Publications Art. 53 STSB reports and summaries   1 The STSB shall publish the preliminary, interim and final reports.2 It shall publish a compendium of the summary reports periodically, i.e. at least once a year.3 It shall publish a summary of the safety recommendations at least once a year. It shall also report on progress with implementation therein.4 It shall publish its reports and summaries online.5 It shall send its reports and summaries in the various sectors ex officio to the following persons and bodies:a.public transport undertakings and related maintenance organisations;b.in relation to civil aviation:1.the airlines,2.the flying schools,3.the maintenance organisations,4.the flying instructors,5.the air traffic control bodies,6.the aerodrome managements;c.in relation to maritime navigation: the Swiss Shipowners’ Association;d.other persons and organisations concerned with flight or transport safety;e.the competent federal and cantonal authorities.Art. 54 Data protection  1 No persons may be named in STSB reports and summaries.2 Exempted from the foregoing are the names of the undertakings, flying schools, servicing and maintenance organisations involved and the manufacturers of the means of transport involved and of its component parts, the safety equipment and the infrastructures and their component partsArt. 55 Statistics  1 The STSB shall publish annual statistics on incidents.2 It shall send the information on incidents:a.related to civil aviation to the International Civil Aviation Organization (ICAO), the European Civil Aviation Conference (ECAC) and the European Aviation Safety Agency (EASA); b.related to maritime navigation to the International Maritime Organization (IMO).Art. 56 Information on accident prevention  The STSB may prepare and publish general information on accident prevention.Art. 57 Foreign reports  1 The STSB shall pass on foreign reports about incidents in which means of transport of Swiss undertakings are involved to the competent federal office and other competent federal authorities as well as to all undertakings and persons who demonstrate a prima facie interest therein.2 It shall publish the reports online.Section 6 Criminal Liability for Failure to Report Art. 58 1 Any person who violates the reporting obligation under Article 15 paragraph 1 or 3 is liable to the penalties under Article 86a paragraph 1 letter e RailA.2 Any person who violates the reporting obligation under Article 17 paragraph 1 is liable to the penalties under Article 91 paragraph 1 letter i CAA.Section 7 Final Provisions Art. 59 Repeal of other legislation  The following ordinances are repealed:1.the STSB Organisation Ordinance of 23 March 201124;2.the Accident Investigation Ordinance of 28 June 200025;3.Ordinance of 23 November 199426 on the Investigation of Aviation Accidents and Serious Incidents.24 AS 2011 458925 AS 2000 2103, 2006 4705, 2011 4573 457526 AS 1994 3037, 1999 2495, 2011 4573 4579Art. 60 Amendment of other legislation  The amendment of other legislation is regulated in the Annex.Art. 61 Commencement  This Ordinance comes into force on 1 February 2015.Annex (Art. 60)Amendment of other legislation The following Ordinances are amended as follows...2727  The amendments may be consulted under AS 2015 215.


type: legislation

jurisdiction: Switzerland

text: 745.2English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.Federal Act on the Security Units of Public Transport Companies(PTSA)of 18 June 2010 (Status as of 1 January 2018)The Federal Assembly of the Swiss Confederation,based on Articles 57 paragraph 2, 87 and 92 of the Federal Constitution,1 and having considered the report of the Transport and Telecommunications Committee of the National Council of 3 November 20092, and the Federal Council report of 27 January 20103,decrees:1 SR 1012 BBl 2010 8913 BBl 2010 915Art. 1 Subject matter and scope  1 This Act lays down the duties and powers of the security units of public transport companies.2 The transport companies governed by this Act are:a.railway companies holding a concession pursuant to Article 5 or a licence pursuant to Article 9 of the Railways Act of 20 December 19574;b.railway, cable car, trolleybus, bus and ship companies holding a concession pursuant to Article 6 of the Carriage of Persons Act of 20 March 20095.4 SR 742.1015 SR 745.1Art. 2 Security units  1 Transport companies shall operate security units where necessary to protect passengers, employees, freight, infrastructure and vehicles, and to ensure the proper operation of their services.2 There are two types of security unit: a security service and transport police.3 Transport police differ from a security service in the following respects:a.they have additional tasks (Art. 3 para. 2);b.they have additional powers (Art. 4 para. 2);c.its staff are public officials (para. 5); andd.its staff are required to wear a uniform (para. 6).4 Transport companies shall deploy security units in the light of the risks involved.5 Transport police personnel shall swear an oath of public office.6 Transport police personnel shall carry out their duties in uniform.7 The Federal Council shall regulate the initial and continuous training, equipping and arming of security units.Art. 3 Tasks of security units  1 Security units shall:a.ensure observance of the conditions of carriage and use; andb.assist the competent authorities in the enforcement of federal criminal law in relation to offences potentially affecting the security of passengers, employees, freight, infrastructure or vehicles, or the proper operation of services.2 Transport police shall also, as a second priority, assist the competent authorities at their request in the enforcement of federal criminal law in relation to other offences, insofar as resources permit.3 The transport companies that have a transport police unit may carry out air policing duties on behalf of the Federal Office of Police. In such an event, their personnel shall be deployed in accordance with the regulations on aviation law. Liability is governed by Articles 1–18 of the Government Liability Act of 14 March 19586.76 SR 170.327 Inserted by Annex No 3 of the FA of 16 June 2017, in force since 1 Jan. 2018  (AS 2017 5607; BBl 2016 7133).Art. 4 Powers of security units  1 Security services and the transport police shall have power to:a.question persons and check their identity papers;b.stop, check and eject persons who have contravened the conditions of carriage;c.require persons who have contravened the conditions of carriage to pay a security deposit.2 Transport police shall, in addition, have the power to:a.arrest persons stopped;b.confiscate items.3 Confiscated items and arrested persons shall be handed over to the police without delay.4 Persons unlawfully using a transport service may be arrested only if they are unable to furnish either proof of their identity or the security deposit required.5 Police control and restraint techniques may be exercised only insofar as necessary for the purposes of stopping, checking, ejecting or arresting persons. Handcuffs or restraints may be used where a person has been arrested for a felony or misdemeanour with a view to being handed over to the police.6 Any use of police control and restraint techniques under this Act is governed by the Use of Force Act of 20 March 20088.8 SR 364Art. 5 Organisation  1 Transport companies may set up joint security units by way of an operating agreement.2 A transport company that has its own transport police unit must offer its services to another transport company on similar terms. In the event of a disagreement on price, the Federal Office of Transport shall adjudicate.3 Transport companies may, if authorised by the Federal Office of Transport, delegate their security service tasks to a private organisation domiciled in Switzerland and majority Swiss-owned. Such authorisation will be granted if the private organisation can ensure compliance with the relevant provisions. The transport company shall remain responsible for the fulfilment of tasks so delegated.Art. 6 Data processing  1 Security units may process the following data for the purposes of carrying out their tasks:a.particulars establishing a person’s identity;b.particulars relating to breaches by a person of rules for the safety of passengers, employees, freight, infrastructure and vehicles and for the proper operation of the transport companies’ services.2 Where security service tasks have been delegated to a private organisation pursuant to Article 5 paragraph 3 above, the data processing systems must be physically and logically separated from that organisation’s other data processing systems.3 The provisions of the Data Protection Act of 19 June 19929, in particular Articles 16–25bis and 27, apply.9 SR 235.1Art. 7 Cooperation with police authorities  1 Police authorities may disclose personal data to the transport police if such disclosure is in the interest of the person concerned and if that person has consented to the disclosure or if consent can be implied from the circumstances.2 The police authorities may also disclose personal data to the transport police without the consent of the person concerned in order to avert an imminent and serious threat.2bis The police authorities shall disclose personal data to the transport police if the person concerned was required to disclose his or her identity.103 The police authorities shall inform the transport police at their request as to whether a specified person is to be handed over to them.4 If requesting assistance from security units, they shall disclose to them all information necessary for the purpose.5 Security units shall forward to the competent federal and cantonal police authorities all information in their possession relating to criminal offences.6 The Federal Council shall issue detailed rules regulating cooperation with police authorities.10 Inserted by Annex No 5 of the FA of 26 Sept. 2014, in force since 1 Jan. 2016  (AS 2015 3205; BBl 2013 7185).Art. 8 Regulatory authority  The regulatory authority for security units shall be the Federal Office of Transport.Art. 9 Failure to obey  1 Any person failing to heed an order given by a person manifestly carrying out security tasks shall be liable to a fine not exceeding CHF 10,000.2 The prosecution and trial of such offences is a cantonal matter.Art. 10 Ex officio prosecution  Offences contrary to the Swiss Criminal Code11 committed against security personnel acting in the course of their duties shall be prosecuted ex officio.11 SR 311.0Art. 11 Repeal and amendment of existing law  1 The Federal Act of 18 February 187812 on the Administration of the Railways Police is repealed.2 …1312  [AS 3 422 and BS 7 27; AS 1958 335, 1986 1974]13 The amendments may be consulted under AS 2011 3961.Art. 12 Referendum and commencement  1 This Act is subject to the optional referendum.2 The Federal Council shall determine the commencement date.Commencement date: 1 October 20111414 Federal Council Decree of 17 Aug. 2011.


text: 745.21 English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.Ordinance on the Security Units of Public Transport Companies(PTSO)of 17 August 2011 (Status as of 1 January 2013)The Swiss Federal Council,based on Articles 2 paragraph 7 and 7 paragraph 6 of the Federal Act of 18 June 20101 on the Security Units of Public Transport Companies (PTSA),ordains:1 SR 745.2Art. 1 Subject matter  This Ordinance lays down requirements for the operation of public transport security units, for their training, equipment, arming and cooperation with police authorities, and for regulatory control by the Federal Office of Transport (FOT).Art. 2 Definitions  In this Ordinance:a.Security undertaking means a private organisation under the Article 5 paragraph 3 PTSA;b.Security personnel means employees of a security or Transport Police service who perform security tasks.Art. 3 Applicable law  The use of physical force, auxiliary equipment and arms is regulated by the Use of Force Act of 20 March 20082 and the Use of Force Ordinance of 12 November 20083.2 SR 3643 SR 364.3Art. 4 Permitted auxiliary equipment and arms  1 Security personnel may employ the following auxiliary equipment and arms:a.restraints;b.natural and synthetic pepper sprays;c.service dogs;d.truncheons and defensive batons.2 The Transport Police may also use firearms.Art. 5 Security deposit  1 Security personnel may demand the payment of a security deposit from any person in contravention of the conditions of carriage who is unable to provide satisfactory evidence of identity and address or who does not have a permanent address in Switzerland.2 The amount of the security deposit depends on the likely level of the fine, the costs, and the damages and expenses incurred.3 The security deposit may be provided in cash or by debit or credit card payment, by handing over an item of value or by presenting a guarantee from a bank or insurance company established in Switzerland.4 A receipt shall be issued in acknowledgment of the security deposit received.5 If a criminal complaint is filed against the person concerned, the security deposit shall be handed over to the prosecution authorities with the report of the offence. Any balance remaining shall be refunded.Art. 6 Costs of the transport police   1 The Transport Police shall publish the prices of its services in a schedule of charges. 2 Transport companies shall keep the accounts of the Transport Police separately.3 They shall offer their Transport Police services to other transport companies at comparable conditions. Art. 7 Delegation of security service duties to a security undertaking  1 The FOT shall authorise a transport company to delegate security service tasks to a security undertaking if the transport company can show that the undertaking in question satisfies the conditions prescribed under Article 5 paragraph 1 of the Ordinance of 31 October 20074 on the Use of Private Security Companies and has been approved as a security undertaking in accordance with cantonal law, where cantonal law provides for such approval.2 The transport company shall enter into a written agreement with the security undertaking on the delegation of the security tasks. The agreement must be approved by the FOT.3 The agreement shall require the security undertaking to:a.report on the implementation of the delegated tasks at the request of the transport company or the FOT;b.disclose the identity of its security personnel to the transport company and to the FOT;c.immediately replace security personnel who do not possess the requisite skills or who are a hindrance to the fulfilment of the tasks;d.immediately inform the transport company and the police units concerned of any circumstances liable to hinder the fulfilment of the tasks;e.immediately report to the transport company if the requirements in respect of the security undertaking and in respect of training cease to be met;f.train the security personnel in accordance with Article 8 paragraph 1 below.4 The transport company shall monitor whether the security undertaking properly discharges its obligations under paragraph 3 above and the tasks delegated to it.4 SR 124Art. 8 Training  1 The transport company or the security undertaking shall ensure that security personnel meet the requirements laid down in Article 6 of the Ordinance of 31 October 20075 on the Use of Private Security Companies.2 Transport Police personnel who perform security tasks require a police officer certificate issued by the State Secretariat for Education, Research and Innovation6.3 The transport company or the security undertaking shall ensure that the security personnel can attend appropriate training courses. 5 SR 1246 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.Art. 9 Identification  1 The transport company and the security undertaking shall ensure that security personnel are identifiable in the course of their duties and are not liable to be mistaken for police officers.2 The transport company or security undertaking shall ensure that the personnel of the security service who perform security tasks are identifiable when performing this function and cannot be confused with employees of the Transport Police or of the police authorities.Art. 10 Agreement with the police authorities  The transport company or security undertaking shall set forth the arrangements for their cooperation with the cantonal or communal police authorities in a written agreement. A copy of this agreement must be sent to the FOT.Art. 11 Information and reports to be given to the FOT  1 The transport company or the security undertaking shall submit the following documents to the FOT:a.the instructions issued to security personnel;b.other documents and information required by the FOT in the exercise of its regulatory role.2 The transport company or the security undertaking shall submit to the FOT by the end of March of each year a report on the activities of security units in the preceding year. The matters to be dealt with in such activity reports are set out in the annex hereto.3 The transport company and the security undertaking shall immediately notify the FOT of any events which significantly hinder the fulfilment of their tasks.Art. 12 Transitional provision  1 The FOT may grant exceptions for personnel who have hitherto performed railway police tasks under the existing law that exempt them from the training requirements (Art. 8).By 30 June 2012 the transport companies shall:a.transfer the Transport Police tasks carried out under existing law by private organisations to a Transport Police service established in accordance with this Ordinance;b.transfer the Transport Police tasks carried out under existing law by transport company personnel to security personnel in accordance with this Ordinance;c.amend contracts with security undertakings entered into under existing law so as to bring them into line with this Ordinance.Art. 13 Commencement  This Ordinance comes into force on 1 October 2011.Annex (Art. 11 para. 2)Required content of activity reports The activity reports must include the following:1.Reporta.Priorities and challenges of the reporting yearb.Cooperation between transport companies, police authorities and other security units c.Overall assessment2.Statisticsa.Number of persons employed by security unitsb.Training qualifications of employeesc.Staff fluctuationsd.Number and type of interventions / casese.Nature and type of criminal reports filedf.Number and type of cases where auxiliary instruments and arms were usedg.Number of persons handed over to police authorities


text: 748.131.3English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.Ordinanceon Airport Chargesof 25 April 2012 (Status as of 1 August 2019)The Swiss Federal Council,based on Article 39 of the Civil Aviation Act of 21 December 19481 (CAA), in implementation of Directive 2009/12/EC2, Directive 96/67/EC3 and Regulation (EC) No 1107/20064 in the version valid for Switzerland according to Annex Nos 1 and 7 of the Agreement of 21 June 19995 concluded between the Swiss Confederation and the European Community on Air Transport,ordains:1 SR 748.02 Directive 2009/12/EC of the European Parliament and the Council of 11 March 2009 on airport fees3 Directive 96/67/EC of the Council of 15 October 1996 on access to the ground handling market at community airports4 Regulation (EC) no. 1107/2006 of the European Parliament and the Council of 5 July 2006 concerning the rights of disabled persons and persons with reduced mobility when travelling by air5 SR 0.748.127.192.68Chapter 1 General Provisions  Art. 1 Object and scope of application  1 This Ordinance governs the setting and levying of charges for the use of those airport facilities which serve the purpose of flight operations as well as for access to these facilities (airport charges).2 Airport charges area.flight operations charges;b.fees for access to airport installations and systems (access fees);c.fees for the use of the central infrastructure (usage fees).3 The following are included in flight operations charges:a.charges in the air traffic segment, and in particular:1.landing charges,2.passenger charges,3.aircraft parking charges,4.freight charges,5.charges with an incentive effect in relation to environmental protection;b.charges for facilities and services for disabled passengers or those with reduced mobility (PRM segment) in accordance with Regulation (EC) no. 1107/2006;c.charges for measures relating to air safety (air safety segment).4 This Ordinance applies to airports in accordance with Article 36a paragraph 1 CAA.Art. 2 Definitions  In this Ordinance:a.airport operator means the owner of the operating concession according to Article 36a CAA;b.airport user means any natural person or legal entity responsible for the transport of passengers, postal mail or freight by air to or from the affected airport;c.sector relevant to flight operations means that sector of the airport comprising the segments air traffic, air safety and PRM; also included in this sector are facilities and services for which the airport operator levies access or usage fees;d.central infrastructure means facilities and services which cannot be provided separately or in multiple versions owing to their complexity or for cost or environmental reasons;e.airside means that part of the airport which is accessible to the public only with special authorisation;f.landside means that part of the airport which is accessible to the public without special authorisation;g.economic added value means profit earned after deducting reasonable capital interest (Art. 17) from the operating result before interest and after taxes or parafiscal charges.Art. 3 Levying of airport charges  1 The airport operator levies the airport charges.2 The operator may commission third parties to collect these charges.Art. 4 Publication of airport charges  The airport operator publishes the airport charges in the Swiss Aeronautical Information Publication (AIP).66 A paid subscription to the AIP may be obtained from: Skyguide, P.O. Box 23, 8602 Wangen bei Dübendorf, Switzerland; www.skyguide.ch. It may be viewed free of charge at the Federal Office of Civil Aviation (FOCA), Mühlestrasse 2, 3063 Ittigen, Switzerland.Art. 5 Debtor for charges  1 The concession holder is the debtor for the flight operations charges for flights carried out in terms of a route-specific concession.72 If it is not possible to take legal action against the concession holder or if the flight is not carried out in terms of a route-specific concession, the operator of the arriving or departing aircraft is liable in lieu of the concession holder. If it is not possible to take legal action against the operator either, the owner of the arriving or departing aircraft is liable in lieu of the operator.82bis In the case of freight charges, the freight forwarder is jointly liable.9.3 The debtor for the access fees is the legal entity or natural person who uses the airside access. Persons who require only sporadic access may be exempted by the airport operator from the payment of access fees.4 The debtor for the usage fees is the legal entity or natural person who uses the central infrastructure facilities.7 Amended by No I of the O of 14 June 2019, in force since 1 Aug. 2019 (AS 2019 2067).8 Amended by No I of the O of 14 June 2019, in force since 1 Aug. 2019 (AS 2019 2067).9 Inserted by No I of the O of 14 June 2019, in force since 1 Aug. 2019 (AS 2019 2067).Art. 6 Oversight  The Federal Office of Civil Aviation (FOCA) applies the Price Supervision Act of 20 December 198510 mutatis mutandis within the scope of its oversight of the airport charges.10 SR 942.20Art. 7 Decisions of the FOCA  1 The FOCA shall decide on the approval of airport charge regulations by issuing rulings.2 These rulings are published in the Federal Gazette.3 They come into force at the earliest 90 days after they become legally enforceable.1111 Amended by No I of the O of 14 June 2019, in force since 1 Aug. 2019 (AS 2019 2067).Art. 8 Deadline for FOCA decisions  If the FOCA fails to meet a decision deadline prescribed in this Ordinance, the parties concerned may demand that it provide a written explanation for failing to meet the deadline and state the time by which a decision may be expected.Art. 9 Obligation to provide information  If so requested, the airport operator must allow the FOCA to examine the operational accounting records of the airport.Chapter 2 Flight Operations Charges at Geneva and Zurich Airports  Section 1 General Provisions  Art. 10 Charge periods  1 The charge regulations for Zurich and Geneva Airports must specify when the airport operator will next initiate proceedings for adjusting flight operations charges.2 This target date may be at most four years after the charge regulations come into force.Art. 11 Adjustment before the planned target date  1 The airport operator may only initiate proceedings for changing the flight operations charges before the prescribed target date if:a.extraordinary circumstances arise which have an effect on the cost of airport operation;b.there are changes to the airport's regulatory environment which were not foreseeable and which have a substantial effect on costs.2 FOCA may order adjustment proceedings to be held or directly prescribe changes in the charges at any time if they do not comply with the requirements of law.Art. 12 Capacity surcharges  1 Capacity surcharges may be levied on flights handled during times of proven capacity shortages. Airlines with considerable transfer passenger traffic may not be disadvantaged in the general market environment by these surcharges.2 The amount of the surcharge is calculated according to the additional costs of services and facilities necessary to satisfy demand during peak capacity utilisation.Art. 13 Differentiated charges  Flight operations charges may be differentiated to correspond to the scope and quality of the facilities and services offered by the airport operator, if these costs differ significantly. In this case, the following applies:a.Criteria defined in Article 10 of Directive 2009/12/EC must be observed.b.There may be no cross-financing between individual facilities and services.Art. 14 Pre-financing  1 Projected expenditures in the environmental sector and, given the necessary approvals from the authorities, investments in facilities in the airport sector relevant to flight operations may be pre-financed through flight operations charges.2 This pre-financing must be limited in time.3 Charge income from pre-financing and interest earned on these funds must be allocated to a special account in the airport operator's financial accounts. This account may only be debited for expenditures for the investment projects concerned.4 The airport operator shall provide information on the income and expenditures of its special accounts in the notes to its annual financial statements.Art. 15 Inflation-related cost increases  1 The airport operator must provide proof of any inflation-related cost increases added to the basis for calculating airport charges and fees.2 This proof must be provided if possible on the basis of agreements, especially with suppliers and employees. Otherwise, the inflation forecasts of the Swiss National Bank shall be considered authoritative.3 A reasonable share of any inflation-related cost increases must be deducted to compensate for cost savings based on increases in productivity.Art. 16 Depreciation   1 Depreciation is based on the historic procurement or manufacturing costs of non-current assets.2 They are calculated per component of non-current assets based on their useful life.Art. 17 Reasonable capital interest  Reasonable interest on the capital invested in the airport is calculated according to Annex 1.Art. 1812 12 Repealed by No I of the O of 14 June 2019, with effect from 1 Aug. 2019  (AS 2019 2067).Art. 1913 Accounting policies  1 In its cost accounting the airport operator must list the following segments separately:a.air traffic;b.air safety;c.PRM;d.usage fees;e.access fees;f.parking for road vehicles;g.public land transport;h.the sector not relevant to flight operations on the airside of the airport;i.the sector not relevant to flight operations on the landside of the airport.2 Income generated in the segments listed in paragraph 1 must all be shown individually and transparently, including income from transfer payments from road vehicle parking and the airside sector not relevant to flight operations (Art. 34) and income from intersegmental invoicing.3 Details of income from airport charges shall be subdivided into the individual categories of charges set out in Article 1 paragraphs 2 and 3. Passenger-related charges must be further divided into transfer passengers and local passengers.4 The following costs must be shown separately for the segments set out in paragraph 1, and significant non-recurring effects must be indicated.a.operating costs (staff costs and contributions to occupational pension schemes must be shown separately);b.depreciation;c.costs of invoicing between the segments;d.interest and taxes.5 If the proceedings for setting airport charges as defined in Article 24 paragraph 2 are conducted separately for individual groups of users, the costs and income for the items in paragraphs 1–3 must be shown separately for these user groups.6 In the notes to the annual financial statements, the airport operator shall provide a segment report for the segments set out in paragraph 1 letters a–e. In this report, the following information must be given for each segment and in total:a.the income in accordance with paragraphs 2 and 3; the subdivision between transfer passengers and local passengers need not be published in the annual accounts;b.the costs in accordance with paragraph 4; non-recurring effects and contributions to the occupational pension scheme need not be shown separately in the annual accounts;c.the assets required for operations in accordance with Annex 1 number 1.1;d.the return on the assets required for operations is calculated on the basis of the operating result after calculatory taxes and parafiscal charges but before interest.7 The accuracy of the segment report in accordance with paragraph 6 must be confirmed by a government-supervised auditing company as defined in Article 7 of the Auditor Oversight Act of 16 December 200514. In addition to this annual review carried out by the audit company, the FOCA may request the airport operator to have additional work carried out to review the segment report.13 Amended by No I of the O of 14 June 2019, in force since 1 Aug. 2019 (AS 2019 2067).14 SR 221.302Section 2 Procedure  Art. 20 Principles15  1 The following rules govern the procedure for setting flight operations charges at the Geneva and Zurich Airports:a.The airport operator shall hold negotiations with airport users about the flight operations charges. If agreement is reached, the airport operator sets the charges based on this result (Section 3).b.16If no agreement is reached or if the result of the negotiations is rejected by the FOCA (Art. 26 para. 5), the airport operator may present the FOCA with a charge proposal for approval, calculating the charges on the basis of a comprehensive cost calculation in line with Section 4.2 The airport operator may repeat steps in the procedure.3 If the airport operator is obliged to adjust airport charges in accordance with this Ordinance or other binding agreements, it may not terminate the procedure. The airport operator may not repeat steps in the proceedings, with the exception of the comprehensive cost calculation in the event that the charge proposal is rejected by the FOCA.15 Inserted by No I of the O of 14 June 2019, in force since 1 Aug. 2019 (AS 2019 2067).16 Amended by No I of the O of 14 June 2019, in force since 1 Aug. 2019 (AS 2019 2067).Art. 20a17 Information on the procedure  1 The airport operator shall give the parties to the negotiations envisaged in Article 22 paragraph 1 and the FOCA six months’ advance notice of the start of negotiations.2 The airport operator shall give notice of the negotiations 30 days before their start in the Aeronautical Information Circular, AIC18.17 Inserted by No I of the O of 14 June 2019, in force since 1 Aug. 2019 (AS 2019 2067).18 The AIC may be obtained for a fee from: Skyguide, P.O. Box 23, 8602 Wangen bei Dübendorf, Switzerland; www.skyguide.ch. It may be viewed free of charge at the Federal Office of Civil Aviation (FOCA), Mühlestrasse 2, 3063 Ittigen, Switzerland.Art. 20b19 Participation of other airport users in the procedure  Airport users and their associations that are not directly admitted to the negotiations must apply to airport operator and to FOCA within 30 days in order to participate in the procedure in accordance with Article 26 or Article 28a.19 Inserted by No I of the O of 14 June 2019, in force since 1 Aug. 2019 (AS 2019 2067).Section 3 Joint Setting of Charges  Art. 21 Principle  Flight operating charges which are set on the basis of negotiations (Art. 20 para. 1 let. a) must be within the scope of legal requirements; in particular, they may not produce income which exceed the costs shown for the airport sector relevant to flight operations (Art. 39 para. 5 CAA).Art. 22 Parties to the negotiations  1 The airport operator shall invite the following airport users to the negotiations:a.the two largest airlines (in terms of passenger volume at the affected airport) which are independent of each other;b.representative(s) of the commercial airlines operating in Switzerland;c.representative(s) of the business aviation airlines operating in Switzerland;d.representative(s) of light aviation and air sport in Switzerland;e.representative(s) of the freight forwarders in Switzerland.2 The FOCA shall take part in the negotiations as an observer.Art. 2320 Preliminary proceedings  1 No later than three months before start of negotiations, the airport operator shall give notice of the dates for the negotiations.2 No earlier than five months and no later than three months before the start of negotiations, the airport operator shall request the parties to the negotiations envisaged in Article 22 paragraph 1 to provide the following information:a.information on the projected development of their flight operations over the next three years, making a distinction between local and transfer traffic;b.the projected composition and envisaged use of their fleets;c.any planned expansions of their activity at the affected airport;d.their operational and infrastructural requirements at the airport concerned.3 The airport users shall provide the data in accordance with paragraph 2 within 30 days. If the airport users fail to provide the information, the airport operator shall use its own prognoses.4 No later than one month before the agreed start of negotiations, the airport operator shall provide airport users taking part in the negotiations with a charge proposal and detailed information on the mathematical and financial principles used to calculate the charge in the proposal. The charge proposal shall contain the following in particular:a.detailed information on the services and facilities funded by the flight operations charges;b.the following information at least in relation to the previous charge period and corresponding prognoses at least for the charge period to which the negotiations relate:1.detailed information on the implementation of the requirements in accordance with Articles 12–17,2.information in accordance with Article 19 on matters relevant to flight operations;c.an explanation of and justification for the methodology used in calculating the prognoses in accordance with letter b;d.justification for changes in the costs to be detailed in accordance with letter b.5 The airport operator shall disclose and justify the traffic prognoses used. In doing so, it shall ensure that business secrets of the airport users are not revealed. It shall disclose and justify the methodology used for calculating the traffic prognoses.20 Amended by No I of the O of 14 June 2019, in force since 1 Aug. 2019 (AS 2019 2067).Art. 24 Organisation of negotiations  1 The airport operator shall organise the negotiations.2 The operator may conduct separate negotiations with the airlines as defined in Article 22 paragraph 1 letters a and b and with individual other users or with all of the other users together.3 A time frame of at least three months must be planned for the procedure.Art. 25 Conclusion of agreement or failure of the negotiations  1 The airport operator shall conclude an agreement with the airport users taking part in the negotiations. If negotiations with individual groups of users were conducted separately, separate agreements shall be concluded with each of these groups.2 The agreements concluded by the parties to the negotiation must contain provisions governing:a.the charge system;b.the amount of the charges;c.the length of the charge period.3 If no agreements have been concluded by the end of the fourth month after the start of negotiations, the negotiations are regarded as having failed. The FOCA may extend this deadline once by two months upon receiving a joint application to do so from all parties to the negotiations.Art. 2621 Review, adjustment and approval of the agreements  1 The airport operator shall inform the airport users who have applied in accordance with Article 20b of the results of negotiations. As a minimum, the operator shall provide information about the charge system, the amount of the charges and the most important principles applied in the calculation.2 Within three weeks of receiving this information, an application to the airport operator to change the results of the negotiations may be made by:a.airport users who have applied in accordance with Article 20b;b.the airport users concerned and their associations who were indirectly admitted to the negotiations through an association, but who have rejected the result of the negotiations;3 The parties to the negotiations shall consider whether they wish to make changes to the agreement on the basis of any applications thus received.4 The airport operator shall inform airport users who have applied in accordance with Article 20b within one month of the expiry of the application deadline of the results of this consultation and any changes to the agreements. Within 30 days after receiving this information, an airport user or an association as defined in paragraph 2 may apply to the FOCA for a review of the results of the negotiations if its application was not accommodated. The grounds for the application must be stated.5 If application is made to the FOCA for a review in accordance with paragraph 4, the FOCA shall approve the agreements if the criteria defined in Section 1 of this Chapter and Article 21 have been fulfilled. It shall publish information on its probable decision within 30 days. It shall make a decision within 60 days of receipt of the application.21 Amended by No I of the O of 14 June 2019, in force since 1 Aug. 2019 (AS 2019 2067).Art. 2722 Issue of the charge regulations  The airport operator shall issue the charge regulations in accordance with the agreements. The regulation shall come into effect no earlier than 90 days after the date on which all the procedural steps in accordance with this Ordinance have been definitively concluded.22 Amended by No I of the O of 14 June 2019, in force since 1 Aug. 2019 (AS 2019 2067).Section 4 Approval of Charges on the basis of a Comprehensive Cost Calculation Art. 28 Charge proposal  1 If the airport operator provides the FOCA with a charge proposal based on a comprehensive cost calculation (Art. 20 para. 1 let. b), a detailed basis for the calculation must be attached.232 The operator must submit further documentation to the FOCA if this is necessary in order to evaluate the amount of the charges.23 Amended by No I of the O of 14 June 2019, in force since 1 Aug. 2019 (AS 2019 2067).Art. 28a24 Granting a hearing  1 In addition to the charge proposal in accordance with Article 28, the airport operator must submit to FOCA a version of the charge proposal in which business secrets are redacted. The FOCA must be given an explanation as to why these parts have been redacted.2 The FOCA shall within 20 days send the version of the charge proposal with the business secrets redacted to the parties to the negotiations in accordance with Article 22 paragraph 1 and to the airport users that have applied in accordance with Article 20b so that they may express their opinions.24 Inserted by No I of the O of 14 June 2019, in force since 1 Aug. 2019 (AS 2019 2067).Art. 29 Calculation rules  1 The charges are calculated separately for the segments air traffic, air safety and PRM.2 The basis for calculating flight operations charges is:a.the projected annual operating costs of the facilities and services for each segment, accounting for inflation (Art. 15 para. 1 and 2) and increases in productivity (Art. 15 para. 3);b.the projected expenditures for taxes and parafiscal charges, excluding recoverable value-added tax;c.the projected annual depreciation (Art. 16);d.reasonable capital interest (Art. 17).3 The following income shall be deducted from the costs:a.earnings generated in each segment from sources other than flight operations charges;bin the air traffic segment: transfer payments from the sector not relevant to flight operations in accordance with Article 34;c.subsidies.Art. 30 “Originator pays” principle  The “originator pays” principle applies to the allocation of overhead costs and the internal invoicing of services between the cost centres of the sector relevant to flight operations as well as between the sector relevant to flight operations and the sector not relevant to flight operations.Art. 31 Facilities and services in the air traffic segment  1 The airport operator allocates facilities and services to the air traffic segment as defined in Annex 2.2 The operator may allocate further facilities and services to the air traffic segment if they fulfil the following conditions:a.They are provided exclusively by the airport operator or under its responsibility.b.They do not fall in the air safety or PRM segments.c.They are not financed through access or usage fees.d.They are mandatory for securing flight operations, especially:1.take-offs and landings of aircraft, including the use of the taxiways and aprons;2.parking of aircraft;3.handling of passengers and their baggage in conjunction with take-offs and landings; or4.handling of air freight directly to and from the aircraft.Art. 32 Facilities and services in the air safety segment  1 The air safety segment includes all facilities and services that the airport operator is responsible for providing for the purpose of air safety.2 Facilities and services in the area of air safety which the airport operator provides for access to the airport site by persons other than passengers may alternatively be refinanced through access fees.Art. 33 Facilities and services in the PRM segment  The PRM segment includes all facilities and services which must be provided by the airport operator under Regulation (EC) No 1107/2006.Art. 3425 Transfer payments for the air traffic segment  1 30% of the economic added value of the sector of the airport not relevant to flight operations on the airside and in the road vehicle parking sector shall be used in the form of transfer payments to finance the costs of the segment air traffic in the sector relevant to flight operations.2 If reasonable capital interest cannot be earned on average during one charge period in a sector affected by the transfer payments defined in paragraph 1, the difference may be deducted from the transfer payments, with the deduction distributed across the following two charge periods, in an amount no higher than the percentage defined in paragraph 1.3 The airport operator may divide the transfer payment among the individual charge sectors within the air traffic segment according to the respective contributions made by these sectors to the generation of economic added value.25 Amended by No I of the O of 14 June 2019, in force since 1 Aug. 2019  (AS 2019 2067).Art. 35 Decision of the FOCA and issue of the charge regulations  1 The FOCA shall provide information on its probable decision within 30 days. Its decision shall be made within four months days of receipt of the charge proposal. In justified exceptional cases, this period may be extended to six months.262 The airport operator shall issue the charge regulations in accordance with the approval decision.26 Amended by No I of the O of 14 June 2019, in force since 1 Aug. 2019 (AS 2019 2067).Section 5 … Art. 36–3827 27 Repealed by No I of the O of 14 June 2019, with effect from 1 Aug. 2019  (AS 2019 2067).Chapter 3 Flight Operations Charges at Other Airports  Art. 39 Basis of calculation  1 The charges for airports other than Geneva and Zurich may be set at such a level that their total does not exceed the sum of the costs of the facilities and services in the airport sectors which are both relevant and not relevant to flight operations minus all income not produced through flight operations charges.2 The airport operator may subdivide services and facilities in the air safety and PRM segments into separate sectors for the purpose of calculating charges. In these sectors, the charges may cover the full amount of the costs.Art. 40 Accounting policies  1 Cost accounting must be prepared individually for the air traffic segment and, if necessary, the air safety and PRM segments.2 Earnings generated at the airport through flight operations charges must be shown individually and transparently.Art. 41 Consultation proceeding in the event of charge adjustments  1 Any charge adjustments must be communicated to the airport users concerned at least four months before they are scheduled to come into force.2 The airport users concerned must be provided with the following statements on the planned change in charges:a. the cost bases for the charge calculation;b. the relevant air traffic forecasts.3 The airport operator shall consult the airport users concerned or their associations on the planned charges in an oral or written procedure.4 In the case of a written procedure, the deadline for submitting opinions shall be at least one month from the time of the notice of a planned charge adjustment.5 In the case of an oral procedure, the consultation documents must be provided to those taking part in the consultation at least two weeks before it takes place. The results of the consultation must be provided to the participants in the form of written minutes.Art. 42 Publication and review  1 The airport operator shall publish the changes in charges in the Aeronautical Information Circular (AIC) at least 30 days before they come into force28.2 Each airport user concerned may apply to the FOCA within 30 days of publication in the AIC29 to request a review of the charges. The grounds for the application must be stated.303 The FOCA shall decide on the approval of the charge proposal within 60 days after receiving the application.28 A paid subscription to the AIC may be obtained from: Skyguide, P.O. Box 23, 8602 Wangen bei Dübendorf, Switzerland; www.skyguide.ch. It may be viewed free of charge at the Federal Office of Civil Aviation (FOCA), Mühlestrasse 2, 3063 Ittigen, Switzerland.29 See footnote to Art. 20a para. 2.30 Amended by No I of the O of 14 June 2019, in force since 1 Aug. 2019 (AS 2019 2067).Chapter 4 Joint Provisions for All Airports   Section 1 Access and Usage Fees  Art. 43 Access fees  1 The airport operator may levy an access fee for air safety facilities and services which it provides for access to the airside by persons other than passengers.2 Access fees may be levied in particular for:31a.access by vehicles and persons;b.access and security control of employees and vehicles.3 Facilities and services made available to individual companies for their exclusive access to the airside may not be financed through access fees.31 Amended by No I of the O of 14 June 2019, in force since 1 Aug. 2019 (AS 2019 2067).Art. 44 Usage fees  1 The airport operator may levy a usage fee for the provision and operation of central infrastructure facilities for carrying out ground handling and maintenance services.2 The airport operator defines the central infrastructure facilities in its operating regulations.3 Provisions governing the usage fees do not apply if the airport operator commissions a third party to provide and operate the central infrastructure.4 Additional services that are provided for the benefit of individual users may not be financed through usage fees.Art. 45 Assessment of access and usage fees  1 There are separate segments for usage and access fees. Any shortfalls in the access fees segment may be charged to the air safety segment.2 Access and usage fees are assessed according to the following costs:a.operating costs;b.expenditures for taxes and parafiscal charges, excluding recoverable value-added tax;c.depreciation (Art. 16);d.reasonable capital interest (Art. 17).3 The assessment of individual tariffs must take place on the basis of criteria which do justice to the «originator pays» principle. Fixed charges may be set.4 The costs and income must be shown individually and transparently for each segment and be published in the notes to the annual financial statements. For Geneva and Zurich airports, the requirements of Article 19 must be met.3232 Amended by No I of the O of 14 June 2019, in force since 1 Aug. 2019 (AS 2019 2067).Art. 46 Publication and review  1 The airport operator shall publish the access and usage fees in the AIC33 at least 30 days before they come into force. It shall provide information on the financial and mathematical principles used in the calculation.342 The affected airport users can apply to the FOCA within 30 days of this publication to request a review of the amount of the access and usage fees. The grounds for the application must be stated.353 The FOCA will make a decision within 60 days of receipt of the application.33 See footnote to Art. 42 para. 1.34 Amended by No I of the O of 14 June 2019, in force since 1 Aug. 2019 (AS 2019 2067).35 Amended by No I of the O of 14 June 2019, in force since 1 Aug. 2019 (AS 2019 2067).Section 2 Charges with a Steering Effect in relation to Environmental Protection Art. 47 Consideration of noise and pollutant emissions  1 When setting the flight operations charges, aircraft with a low impact on the environment must receive preferential treatment.2 Methods for evaluating this impact must correspond to the recognised state of the technology. The FOCA can recommend suitable evaluation methods.3 At a minimum, the following emissions must be taken into account:a.aircraft noise generation along the flight path at take-off;b.nitrogen oxide and hydrocarbon emissions during the aircraft's take-off and landing cycles. Art. 48 Measuring devices and calculation methods  1 Measuring devices used to determine noise emissions are subject to the Measuring Instruments Ordinance of 15 February 200636 and the corresponding implementation provisions from the Federal Department of Justice and Police.2 Internationally recognised and harmonised calculation methods from international civil aviation organisations must be used to determine pollutant emissions.36 SR 941.210Art. 49 First/last hours  Higher flight operations charges may be set for take-offs and landings during the first and last hours of daily flight operations.Chapter 5 Final Provisions  Art. 50 Amendment of current law  …3737 The amendment may be consulted under AS 2012 2753.Art. 51 Transitional provisions  1 Flight operations charges must be adjusted to conform to this Ordinancea.at the latest by 1 January 2014 at the Geneva and Zurich Airports;b.at the latest with the first charge adjustment after this Ordinance takes effect in the case of the other airports.2 Access and usage fees must be adjusted to conform to this Ordinance by 1 June 2015 at the latest.3 Charges applicable before this Ordinance comes into force continue to apply until the new charges come into force.4 If the airport operator demonstrates that its annual average return for the entire airport operation over the ten years before this Ordinance comes into force is below that of reasonable capital interest for the same period (Art. 17 and Annex 1), it may apply to the FOCA for consideration of part of this difference when airport charges are set. In this case, the following applies:a.The difference in return must be demonstrated in detail and confirmed by a government-supervised auditing company as defined in Article 7 of the Audit Supervision Act of 16 December 200538.b.The FOCA may approve financing of up to 50% of the difference in return.c.Consideration of the difference in return when setting airport charges as defined in this paragraph is only permitted until 31 October 2018. The FOCA may extend this deadline once by three years on receiving an application to do so from the airport operator.38 SR 221.302Art. 51a39 Transitional provision of 14 June 2019  1 The flight operations charges for Geneva and Zurich airports must be adjusted no later than the conclusion of the first charge adjustment procedure after this Ordinance comes into force. Procedures ongoing when this Ordinance comes into force shall be terminated in accordance with the ordinance that applied at the start of the procedure. The start of the procedure is deemed to be the date in accordance with Article 10 paragraph 1 on which the airport operator began the procedure.2 The flight operations charges for other airports must be adjusted in accordance with this Ordinance no later than the first charge adjustment after this Ordinance comes into force.3 The access and usage fees must be adjusted in the first adjustment after this Ordinance comes into force.39 Inserted by No I of the O of 14 June 2019, in force since 1 Aug. 2019 (AS 2019 2067).Art. 52 Commencement  This Ordinance comes into force on 1 June 2012.Annex 140 40 Revised by No II of the O of 14 June 2019, in force since 1 Aug. 2019 (AS 2019 2067).(Art. 17)Calculation of reasonable capital interest for Geneva and Zurich Airports 1  With regard to the annual interest rate set for assets required for operations, the following must be taken into account:1.1 Assets required for operations are:1.1.1 the residual procurement and/or manufacturing values of the existing plant, property and equipment which result after depreciation at the end of the fiscal year; and1.1.2 operationally necessary net current assets.1.2 The interest rate is calculated according to the weighted average cost of capital (WACC). The WACC is set at the level of the operating result after calculatory taxes and parafiscal charges but before interest (WACCs).1.3 The WACCs is measured according to the following formula: 1.4 The individual parameters in the formula referenced under 1.3 are defined as:1.4.1 EK = Equity1.4.2 FK = Debt capital1.4.3 ke   =  Cost of equity = rf + β ● (rM – rf*)  whereby  rf = Returns on secure investments: these are measured according to the average (arithmetic mean) of the monthly yields on 10-year Swiss government bonds over the previous 10 years.β = Systematic, non-diversifiable equity risk: the airport's β is calculated on the basis of the average of the unlevered β (assuming an equity ratio of 100%) of the affected airport and at least 10 comparable airports. The selection of the comparison airports must be kept stable over time. When calculating the unlevered β for each airport, β is calculated as a linear regression over the previous 5 years of the monthly course of the rate of return of the share of the affected airport compared with the course of the of the rate of return of the most broadly based country-specific stock market index.(rM – rf*) = Market risk premium: this is calculated as the difference between the average stock market return (rM) based on historic values and the return on secure investments (rf*). The average stock market return corresponds to the arithmetic mean of the annual return achieved on the Swiss stock market since 1926. The average return on secure investments corresponds to the arithmetic mean of the annual return achieved on Swiss federal bonds since 1926.1.4.4 kf   =  Cost of debt capital =   whereby  P  = Debt capital risk premium: this is measured according to the average of the 10-year monthly spread between the yields on bonds with a rating corresponding to that of the airport and the yields on government bonds with the same term. The determination of the applicable rating is made by comparing the ratings of the comparison airports used to calculate β. If it can be demonstrated that the actual annual borrowing costs (costs of debt capital) during the charge period will be significantly higher than the borrowing costs estimated on a market basis according to the formula, then kf may be calculated on the basis of the actual borrowing costs.1.4.5 s  = Tax rate: this is determined as the 5-year average (arithmetic mean) of the ratio between annual tax expenses and annual pre-tax profits.1.5 Capital structure (ratio of debt capital to equity): this is determined on the basis of the 5-year average of the market-value capital structures of the comparison airports used to calculate β.2  Special circumstances in the sector not relevant to flight operations may be taken into account when calculating reasonable capital interest. The airport operator may modify the calculation as follows:2.1 The operator may take account of existing special business and financing risks in the sector not relevant to flight operations.2.2 The operator may apply an additional parameter when calculating reasonable capital interest in the sector not relevant to flight operations; this parameter takes account of the demonstrably greater expectation of returns of minimally capitalised companies (i.e. “size premium”). Calculation of the size premium must be based on best practices and data from recognised service providers.2.3 Reasonable capital interest in the sector not relevant to flight operations may, in derogation from 1.1.1, be calculated on the basis of the market value of the clearly allocated assets. For this purpose, the book value of the assets is multiplied by the 5-year average of the ratio between the market value and the book value of the equity of the airport concerned or of comparison airports.Annex 2 (Art. 31 para. 1)Facilities and services allocated to the air traffic segment 1  Insofar as they are not listed as central infrastructure facilities in the airport's operating regulations and subject to usage fees the facilities in the air traffic segment comprise:1.1 the airfield, including aircraft stands and facilities (runways, taxiways, aprons, aircraft stands);1.2 share of passenger traffic areas;1.3 passenger transport systems airside, trolleys;1.4 check-in areas and facilities;1.5 operative freight warehousing systems which are directly necessary for freight handling to and from aircraft and are located on the airport site;1.6 customs areas and facilities;1.7 emergency and security infrastructures (air safety);1.8 share of landside access.2  The services of the air traffic segment comprise:2.1 apron supervision and controls;2.2 operation and maintenance of the airfield, including aircraft stands and facilities (runways, taxiways, aprons, aircraft stands);2.3 passenger transport systems airside/trolley services;2.4 emergency services (safety).Annex 341 41 Repealed by No III of the O of 14 June 2019, with effect from 1 Aug. 2019  (AS 2019 2067).