Administrative proceedings relating to the duty to provide data
SEM decision on whether or not to open proceedings
The SEM will examine the cases in which the air carrier has failed to transmit API/the necessary personal data on time, or has transmitted incomplete or incorrect data, and might therefore have violated its duty to provide data. The SEM will determine whether or not the severity of the violation(s) of the duty to provide data justifies the opening of proceedings.
If proceedings are opened against an air carrier, they will be conducted in one of Switzerland's official languages (German, French or Italian) exclusively. This therefore rules out proceedings being conducted in English.
Response from the air carrier
The air carrier concerned will be sent a letter notifying it that administrative proceedings have been opened on the grounds of a violation of its duty to provide data. The carrier may respond to the allegation within a set period and offer evidence that it has not violated its duty.
If the air carrier is able to prove that transmission was impossible in an isolated case for technical reasons for which it was not responsible, or that it has taken all necessary and reasonable organisational precautions to prevent a violation of its duty to provide data, the proceedings will be suspended. However, if the carrier is unable to provide this proof, the SEM will issue a sanction ruling against it.
Sanction rulings against air carriers are subject to appeal (Art. 44 APA).
The appeal must be lodged with the Federal Administrative Court within 30 days of publication of the ruling (Arts. 50 and 47 APA).
Enforcement (Arts. 39–40 APA)
The SEM is responsible for enforcing the rulings it issues, and the decisions of the competent courts in the event of an appeal.
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