Drone Regulations: Switzerland

Unmanned Aircraft Systems (UAS) are considered as aircraft but are subject to special regulation in Switzerland.

Although located in the center of Europe, Switzerland is neither a member state of the European Union (EU) nor the European Economic Area (EEA). However, in relation to aviation, the relevant EU legislation applies to the extent adopted by Switzerland on the basis of the Bilateral Agreement on Air Transportation of June 21, 1999 (as amended from time to time) between Switzerland and the EU. In relation to remotely-piloted and/or unmanned civil aircraft above 150kg, the relevant EU Directives and Regulations currently in force apply in Switzerland, whereas UAS below 150kg are (still) subject to Switzerland’s own domestic regulation, in particular the Federal Act on Air Transport and the respective ordinances as well as the Ordinance on Special Category Aircraft of the Federal Department of the Environment, Transport, Energy and Communications (DETEC).

However the most recently revised EU legislation which applies to drones of all sizes regardless of their operating mass (Commission Delegated Regulation (EU) 2019/945 on drone manufacturing and selling requirements and Commission Implementing Regulation (EU) 2019/947) on drone operation  (hereinafter collectively referred to as the New EU Drone Regulations)) is not (yet) applicable in Switzerland but on 22 August 2019 the Swiss Federal Office of Civil Aviation (FOCA) communicated that the New EU Drone Regulations will be implemented and applicable in Switzerland as of June 2020 (see also Miscellaneous and Most Recent Changes below).

The competent regulatory body in charge of enforcing these rules is the FOCA.

There is a special regulation for military and other state UAS (i.e., the use of UAS by authorities). The applicable regulation must be determined according to the planned operation and the respective UAS used.

Swiss regulation currently does not make any distinction between commercial and non-commercial UAS operations. Although, in the event UAS would become able to commercially transport cargo or passengers, it is likely that a distinction will be made between leisure and commercial use to implement a higher security standard for the latter.

No; however, in general the operation of completely autonomous UAS is, in principle, not permitted in Switzerland, as currently a mandatory visual line of sight (VLOS) requirement for the pilot of a UAS applies. However, the FOCA may issue a special permit to exempt an operation from this requirement, if other users of the air space and people on the ground are not endangered (see Questions 6 and 8 below).

As of June 2020, the rules as per the New EU Drone Regulations will apply (see Miscellaneous and Most Recent Changes below).

Regulation of Unmanned Aircraft Systems (“UAS”) operations – Safety

The FOCA is responsible for drone safety regulations and generally without a special permit (see Question 8 below), a UAS must be operated by the operator in direct visual contact with the UAS and the surrounding airspace (VLOS) and must not be operated:

The following safety rules shall be strictly respected during every flight with a UAS:

While, in principle, a VLOS requirement for the pilot of a UAS applies, the FOCA may grant permits for the operation of drones BVLOS, which applies also to UAS flights using video eyewear if direct eye contact cannot be established with the UAS by a co-pilot at any time. For drones up to 30kg a standard procedure may apply (see Question 8 below). However, the standard BVLOS procedure is intended for operation below 150m above the ground for the purpose of filming and photographing and the operation beyond the direct visual line of sight of the pilot is permitted only as long as airspace observers are deployed. The task of these observers is to ensure that approaching aircraft can be recognized at all times. The maximum permissible distance between the observer and the UAS is 2km.For UAS below 150kg, Swiss law further provides for rules on dropping or spraying of items or liquids according to the general Swiss ordinance on air traffic rules as well as further air traffic rules according to the Swiss ordinance of DETEC on special categories of aircraft.

However, as of June 2020, the detailed rules as per the New EU Drone Regulations will apply (see Miscellaneous and Most Recent Changes below).

Yes, the ‘one drone, one pilot’ rule is inherent in the VLOS requirement However, the FOCA may issue a special permit to exempt an operation from this requirement, if other users of the air space and people on the ground are not endangered and certain safety prerequisites are met (see Questions 6 above and 8 below).

However, as of June 2020, the rules as per the New EU Drone Regulations will apply (see Miscellaneous and Most Recent Changes below).

Regulation of Unmanned Aircraft Systems (“UAS”) operations – licensing

The respective procedures and permits according to the regulations currently applicable differ according to the weight of the respective UAS and its operation:

The permits granted by the competent authority may be subject to certain operational constraints or requirements regarding the UAS, the pilot(s), technology or safety procedures.

With regard to FOCA permits each application requires a safety test evaluated on a case-by-case basis. However, the FOCA applies standard procedures for:

Due to the high demand, such permits are currently subject to a processing time of at least four weeks.

For operations that do not qualify for a standard procedure, a complete safety test in accordance with the Joint Authorities for Rulemaking of Unmanned Systems Guidelines on Specific Operations Risk Assessment (SORA) is required. Among other things, a detailed description of the planned activity, the technical system as well as a risk analysis and emergency procedures are to be provided by the applicant. Due to the high demand, such permits are currently subject to a processing time of at least three months.

However, as of June 2020, the rules as per the New EU Drone Regulations will apply (see Miscellaneous and Most Recent Changes below).

The fees for the permits of the FOCA of certain operations of UAS below 30kg or any operation of UAS above 30kg (see Question 8 above) are charged on a time spent basis, depending on how much processing is required by the FOCA and may vary between 90 and 5,000 Swiss francs. Taxes and fees for UAS above 150kg are to be evaluated on a case-by-case basis.

As of June 2020, the relevant weight classification as per the New EU Drone Regulations will apply (see Miscellaneous and Most Recent Changes below) but the impact on the fees of the FOCA is at the date of this publication not yet clear.

Currently a certificate of airworthiness is mandatory for UAS above 150kg according to the European aviation law. For UAS below 150kg, the airworthiness of UAS is on principle not examined. However, in relation to UAS between 30kg and 150kg, the FOCA determines the operation conditions on a case-by-case basis and the authorization may be subject to certain operational constraints and/or technical requirements. Operations of UAS below 30kg do not require a certificate of airworthiness.

As of June 2020, the rules as per the New EU Drone Regulations will apply (see Miscellaneous and Most Recent Changes below).

In general, there is currently no distinction between foreign and domestic UAS operators when operating UAS within Switzerland. However, in case of cross-border flights, according to art. 8 of the Chicago Convention 1944, unmanned civil aircraft are only allowed to fly over the sovereign territory of another country with that country’s special permission. In order to operate to or from Switzerland, one must also specifically be aware of Swiss customs law and possibly tax law.

As of June 2020, the rules as per the New EU Drone Regulations will apply (see Miscellaneous and Most Recent Changes below).

There is currently no such particular requirement in relation to financial strength / nationality of ownership.

Drone transport is not prohibited but regulated, in particular by the Montreal Convention 1999 and the Swiss Ordinance on Air Transport. Moreover, additional regulation may apply depending on the specific goods transported, e.g. dangerous goods.

As of June 2020, the rules as per the New EU Drone Regulations will apply (see Miscellaneous and Most Recent Changes below).

Regulation of Unmanned Aircraft Systems (“UAS”) operations – others

The general Federal Act on Data Protection and the general civil rights in relation to the protection of individual privacy are applicable to UAS operations. However, specific regulations in relation to data protection and UAS operations are currently discussed in Switzerland.

No, the general control-link interference regulation applies.

No, UAS manufacturers are currently not specifically regulated. However, specific rules may apply in relation to the procurement of state drones. Moreover, the design may be evaluated by the FOCA during an authorization process for a special permit (see Question 8 above).

However, as of June 2020, the detailed rules on manufacture and design of UAS as per the New EU Drone Regulations will apply (see Miscellaneous and Most Recent Changes below).

This depends on the specific operation at hand. However, according to art. 8 of the Chicago Convention 1944, unmanned civil aircraft are only allowed to fly over the sovereign territory of another country with that country’s special permission. In order to operate to or from Switzerland, one must also specifically be aware of Swiss customs law and possibly tax law.

As of June 2020, the rules as per the New EU Drone Regulations will apply (see Miscellaneous and Most Recent Changes below).

No, there is no specific regulation applying to UAS operations.

The Aircraft (“UAS”)

UAS are currently not eligible for registration in the Swiss aeronautical registry (which is the Swiss aircraft registry), nor is there any other specific registry for UAS in Switzerland. However, the FOCA registers its authorizations granted in relation to UAS between 30kg and 150kg and the special permits for UAS below 30kg (see Question 8 above). As of June 2020, however, the registration requirements as per the New EU Drone Regulations will apply (see Miscellaneous and Most Recent Changes below).

See Question 19 above.

See Question 19 above.

This is currently not the case, but as of June 2020, the New EU Drone Regulations will apply (see Miscellaneous and Most Recent Changes below).

Operation Zones

The general restrictions of airspace (e.g., bans) apply. The FOCA provides a map of flight zones in Switzerland (https://www.bazl.admin.ch/bazl/en/home/good-to-know/drones-and-aircraft-models/drohnenkarte.html). Further airspace restrictions apply to the operation of UAS within a radius of 100m of a gathering of people, within a distance of 5km from runways of any civil or military airport as well as above an altitude of 150m within the control zones of airports (i.e., zones serving to protect aircraft during takeoff and landing) that require a special permit by the competent authority (see Question 8 above).

As of June 2020, however, the New EU Drone Regulations will apply (see Miscellaneous and Most Recent Changes below).

No (other than the no-fly zones around airports, see Question 24 above). However, take-off or landing from non-public places may infringe civil law in relation to privacy protection.

See Questions 23 and 24 above.

See Questions 23 and 24 above.

See Questions 23 and 24 above.

Air traffic control services are provided by Skyguide, a Swiss company headquartered in Geneva and majority-owned by the Swiss Confederation. At the moment there is no air traffic control service for UAS in place, however, drones air traffic control will part of the Swiss U-Space program which is being developed and tested by Skyguide and shall be implemented in the near future (see Miscellaneous and Most Recent Changes further below).

Liability and accidents

Switzerland has ratified the Montreal Convention 1999, which provides for special rules in this regard. Insofar the Montreal Convention 1999 is not applicable, as there are no specific rules for UAS, the Swiss Ordinance on Air Transport provides for further rules.

The Rome Convention 1952 has not been ratified in Switzerland. However, art. 64 of the Federal Act on Air Transport provides for a liability of the operator of the UAS (which does not necessarily correspond to its legal owner) for damages to persons or property on the surface. This liability is construed as a strict liability, i.e. irrespective of negligence or fault.

Yes, in accordance with Regulation (EU) No. 376/2014, which is applicable in Switzerland, irregular occurrences that compromise or that could compromise air safety must be reported by using the reporting portal provided by the European Union (see www.aviationreporting.eu/AviationReporting/). Such reports are then automatically forwarded to the FOCA.

The Federal Swiss Transportation Safety Investigation Board is mandated to investigate accidents and dangerous incidents involving aircraft. Penal authorities may conduct further investigations in relation to criminal activities.

Swiss law requires any operator (which does not necessarily correspond to its legal owner) of UAS between 0.5kg and 150kg to enter into a third-party liability insurance policy covering at least one million Swiss francs. Only third-party liability insurance is mandatory for the operator, whether this is an individual person or a legal entity. Insurance of the UAS itself is optional.

As of June 2020, the New EU Drone Regulations will apply (see Miscellaneous and Most Recent Changes below).

Only third-party liability insurance is mandatory for the operator, whether this is an individual person or a legal entity. Insurance of the UAS itself is optional (also see Question 33 above).

Financial support and state aid

No, there are no sector-specific rules regulating state aid in the UAS sector, but the general state aid rules apply.

State aid rules exist both on a federal and a state level. The main principles are that there is a public interest, which is not sufficiently pursued by the private sector and which may not be satisfied sufficiently by the state.

UAS operations are not specifically exempted from state aid.

As a general rule, no, such clearance must not be obtained.

Miscellaneous and Most Recent Changes

The Swiss drone sector is growing rapidly, and Switzerland is considered a leader in the research and development of drones. The term ‘drone-valley’ is increasingly used between the top-ranked Swiss Federal Institutes of Technology in Zurich and Lausanne, which is home to about 80 drone start-ups in recent years. Moreover, more than two dozen larger companies developing drones foster Switzerland’s position as one of the industry leaders in the development of drones.

The Drone Industry Association Switzerland represents, supports, defends and promotes Swiss drone companies as well as embracing the use and acceptance of drones. The drone sector will attract further investors and other stakeholders in the field, which will certainly lead to a continuance of its growth.

The Swiss U-Space is currently being developed by Skyguide and is promoted to ensure that all categories as well as all types of missions of drones can operate in Swiss airspace by enabling a safe, efficient, sustainable and secure integration of drones into airspace. This shall be achieved by a set of U-space services and specific procedures such as registration of both operator and drone, airspace authorization, geofencing, live drone telemetry and real-time alerts to the operators.

Skyguide in partnership with industry players and with the support of the FOCA recently presented Europe’s first live demonstration of U-space capabilities.

The regulation on UAS in Switzerland will change as of June 2020 as the New EU Drone Regulations will apply (see Question 2 above). Nevertheless, Switzerland may add own rules in addition to the New EU Drone Regulations, if justified on safety, security, privacy or environmental grounds. The rules are proportionate to the risk of the relevant operations of UAS classified in three categories: open, specific and certified.

The open category is for low-risk UAS operations that do not require any prior authorization but are subject to specific operational restrictions. In general, operators of a UAS (other than drones lighter than 250g without a camera) must meet the minimum age of 16 years (unless reduced by the FOCA), register themselves and take an online test. Further, such UAS may only be operated at a maximum altitude of 120m above ground, outside restricted flight zones and only VLOS. The UAS itself must meet certain basic industrial standards and receive a CE marking. The open category is further divided into three subcategories (flying over, close or far away from people) with different requirements to the capabilities of the controller and the respective UAS used, depending on the operation. Within the open category UAS are classified in four classes depending on their weight (<250g, <900g, <4kg and <25kg) being subject to different technical requirements (such product classes will be evident on the CE marking).

The specific category is for UAS operations that involve an increased risk and, thus, require prior authorization from the FOCA. The assessment of operational risk shall take into account the risk mitigation measures identified. The specific category applies whenever the conditions of the open category cannot be met. Various UAS operations will be subject to standard scenarios which require the prior submission of a declaration by the UAS operator to the FOCA containing an operational risk assessment describing the operation in detail, proposing adequate operational safety objectives, identifying operational risks as well as risk mitigating measures. If no standard procedure is applicable, during the authorization process the FOCA will conduct a SORA.

The certified category is for high risk operations, in particular the operation of UAS over assemblies of people, involving the transport of people, involving the transport of dangerous goods. Also, the operation of large UAS, i.e. with a characteristic dimension of >3m, are subject to the certified category. UAS in this category must be certified for airworthiness, pilots must be certified, and safety supervision will be performed by the FOCA.

The FOCA has just started to pave grounds in order to implement the New EU Drone Regulations in Switzerland, such as the drone registration platform, adaption of Swiss regulations (in particular adjustments to the Ordinance on Special Category Aircraft of the DETEC) as well as the therewith related communication.