On 4 March 2022, the Ordinance on Measures in Connection with the Situation in Ukraine (RS: 946.231.176.72) came into force. This Ordinance imposes restrictions in the aviation sector, among others (cf. articles 9 and 29a). Following the Judgement of the Court of Justice of the European Union, Case T-233/22 and based on the most recent EASA recommendations (EU restrictive measures against Russia | EASA (europa.eu)), these restrictions are implemented as follows.
Russian citizens, regardless of them holding another citizenship, can exercise private pilot privileges to land in, take off from or overfly the territory of the Switzerland in a non-Russian-registered aircraft which is NOT owned or chartered or otherwise controlled by any Russian natural or legal person, entity or body. This means that Russian citizens are not prevented from renting, borrowing for free, or otherwise using aircraft of a flying club to exercise their private pilot privileges. However, it is prohibited to exercise pilot privileges on Russian-registered aircraft, or a non-Russian-registered aircraft that is owned or chartered or otherwise controlled by a Russian natural or legal person, entity or body. This means, for example, that Russian citizens cannot fly their own aircraft in the EU airspace or use an aircraft of an EU company or of a third-country company that is controlled by a Russian natural or legal person.
Training, testing and checking of Russian citizens is allowed if done for the purpose of operating a non-Russian-registered aircraft that is NOT owned or chartered, or otherwise controlled by any Russian natural or legal person, entity or body. If the intention of the applicant is to fly in Russia, at a Russian air carrier or Russian-registered aircraft or any non-Russian-registered aircraft that is owned or chartered, or otherwise controlled by any Russian natural or legal person, entity or body, then such training, testing or checking is prohibited. Furthermore, the training, testing or checking cannot take place in Russia.
FOCA will monitor such flight activities and establish the necessary procedures to ensure that these activities are not performed in a way to circumvent the aforementioned sanctions.
Art. 29a 1. (b) of the Ordinance on measures related to the situation in Ukraine (in german)
