The applicable legal foundation for flight operations is based on international treaties and the laws and guidelines upon which these treaties were based. Both internationally applicable legal decrees and national provisions apply.
Switzerland is a member of the ICAO and, as a signatory of the agreement, undertakes to implement the standards of the ICAO in national law.
As an EASA member, Switzerland adopts EU law (ordinances, guidelines and directives) in the field of aviation via the Air Transport Agreement. Following the adoption of the Air Transport Agreement, these legal decrees shall also be directly applicable in Switzerland and shall take precedence over national regulations within their scope of application.
In civil aviation the regulations that apply can be national or, on the other hand, be based on international treaties. International law takes precedence over national law.
The framework law is the Federal Act of 21 December 1948 on Civil Aviation. It is implemented through the Ordinance of 14 November 1973 on Aviation and various other ordinances. International law takes precedence over national law.
Since June 2002, Switzerland and the EU have been linked by a bilateral aviation agreement. The agreement has provided Swiss airlines access to the liberalised European market. Swiss and EU citizens have the same rights in terms of airline ownership.
Since AMCs are non-binding, regulated persons may choose alternative means to comply with the rule. In this case, however, they lose the presumption of compliance provided by the EASA AMC, and need to demonstrate to competent authorities that they do comply with the law.
On this page you will find an overview of all «Alternative Means of Compliance» published by the FOCA. On the other hand, AltMocs prepared by the industry are also visible.
The FOCA publishes «Guidance Material/Information (GM/INFO)» on relevant topics. The aim of these documents is to help operators prepare the necessary documentation and certificates, define procedures and training courses, and adapt the Operations Manual system accordingly.
Technical notifications (TN) are mandatory directives based on Article 50 Regulation on the airworthiness of aircrafts (VLL, SR 718.215.1) concerning the treatment of aircrafts for certain purposes or the specification of equipment for use on and with aircrafts.
«Flight OPS Directives» provide information about the correct implementation and interpretation of legal provisions and regulations, as well as directives issued by the FOCA. All «Flight OPS Directives» have to be implemented if this is called for by the relevant legal provisions, for example if immediate mandatory measures are required in order to guarantee safety.