Commentaries: Art. 122b

Any air carrier shall be charged 4000 francs for each flight in respect of which it violates its duty to provide data. In serious cases the penalty is 12 000 francs per flight. In minor cases, proceedings may be waived.
A violation of the duty to provide data is presumed if the air carrier fails to provide the data in accordance with Article 92a paragraph 3 on time, or if the data provided is incomplete or inaccurate.¹
There is no violation of the duty to provide data where the air carrier proves that:
1. it was impossible to provide the data in the case concerned for technical reasons for which the carrier was not responsible; or
2. it took all the organisational measures that can reasonably be required to prevent any violation of the duty to provide data.

Amended by Annex 1 No 1 of the FD of 19 March 2021 on the Approval and Implementation of the Exchange of Notes between Switzerland and the EU on the Adoption of Regulations (EU) 2019/817 and (EU) 2019/818 on Establishing a Framework for Interoperability between EU Information Systems, in force since 15 June 2025 (AS 2025 347;BBl 2020 7983). ↩

Art. 122b