The Federal Council is competent to stop the testing, conformity assessment, registration and approval procedures.

The Federal Council has jurisdiction to determine the requirements to be met by the testing, conformity assessment, registration or licensing bodies.

¹ The Federal Council is competent to establish the signs of conformity and to define the procedures relating thereto.

² It is competent to adopt provisions to protect these signs from the risks of confusion and misuse.

¹ Taking into account the internationally agreed requirements, the Federal Council shall establish a Swiss system of accreditation of bodies which carry out tests or evaluations of the conformity of products or carry out activities In respect of persons, services or procedures.

² In particular:

A.

It shall designate the authority to grant accreditation;

B.

It lays down the conditions for accreditation and procedure;

C.

It adopts the legal status of accredited bodies and the legal effects of their activity.

³ In preparation for the preparation of guidelines and recommendations for the coordination of enforcement in the field of accreditation and conformity assessment at the international level, the Federal Council or the Authority Designated may:

A.

Decide that Switzerland shall participate, through financial or other means, in the mandates given to international accreditation organisations and the organisations that cooperate with them;

B.

Instruct the authority empowered to grant accreditation to defend Swiss interests in international accreditation organisations. ¹

If requirements refer to technical standards or a reference is provided for, the Federal Council or the authority designated by it may, in anticipation of the development of such standards: ¹

A. ²

Decide that Switzerland participates, through financial or other means, in mandates given to international standards organisations or organisations involved in the standards development process;

B.

Instruct national standards bodies to defend Swiss interests in the governing bodies of international standards bodies and to provide remuneration for them.

Where a foreign State requires products to be imported from the exporting State confirming that the technical requirements of the importing State are complied with, the Federal Council may regulate the establishment of such certification.

¹ The Federal Council provides for the establishment and operation of a national information centre on technical requirements and standards.

² It may charge private bodies for the establishment and operation of the Centre and provide for remuneration for that purpose.

¹ In order to prevent the creation of technical barriers to trade, the Federal Council may conclude international agreements on: ¹

A.

The recognition of testing, conformity assessment, registration and approval bodies;

B.

Recognition of tests, conformity assessments, registrations and approvals;

C.

Recognition of signs of compliance;

D.

Recognition of accreditation systems and accredited organizations;

E. ²

The granting of mandates to organisations for international accreditation or standardisation in accordance with Art. 10, para. 3, let a, and 11, let. A;

F.

Information and consultation on the development, adoption, modification and application of technical requirements or standards.

² The Federal Council may also conclude international agreements on information and consultation on the development, adoption, modification and application of services requirements or standards. ³

³ The s. 1, let. F, and 2 also apply to the requirements of the cantons. ⁴

¹ The Federal Council shall adopt the provisions necessary for the implementation of the international agreements relating to the fields referred to in Art. 14.

² It may delegate to private organizations information and consultation activities with regard to the development, adoption and modification of technical requirements or standards, as well as requirements or standards In respect of services and provide for remuneration as such. ¹

¹ Bodies carrying out tasks under this Law or under other provisions in the field of technical requirements may receive emoluments.

² The Federal Council shall adopt the provisions on emoluments. ... ¹ .

¹ Products may be placed on the market under the following conditions:

A.

They comply with the technical requirements of the European Community (EC) and, where the EC law is not harmonised or subject only to incomplete harmonisation, to the technical requirements of a Member State of the EC or of the Space European Economic Area (EEA);

B.

They are legally on the market of the Member State of the EC or EEA referred to in the let. A.

² Excepted:

A.

Products subject to approval;

B.

Substances subject to notification under the chemicals legislation;

C.

Products that require prior import authorization;

D.

Products subject to a ban on importer;

E.

Products for which the Federal Council has an exception in accordance with Art. 4, para. 3 and 4.

³ If the EC or a Member State of the EC or the EEA obstruct the placing on the market of Swiss products meeting the technical requirements of the country of destination, the Federal Council may order that s. 1 does not apply to products or certain products of this trading partner.

Swiss producers who produce only for the domestic market may place their products on the market in accordance with the technical requirements referred to in Art. 16 A , para. 1, let. A.

The placing on the market of foodstuffs which satisfy the conditions laid down in Art. 16 A , para. 1, and which do not meet the Swiss technical requirements, is subject to the authorisation of the Federal Office for Food Safety and Veterinary Affairs (FVO) ¹ .

¹ The authorisation shall be granted under the following conditions:

A.

Applicant:

1.

Proves that the foodstuff complies with the technical requirements referred to in Art. 16 A , para. 1, let. A,

2.

Credibly establishes that the food is legally on the market of a Member State of the EC or EEE;

B.

None of the overriding public interests cited in s. 4, para. 4, let. A to e, is not threatened.

² The authorisation shall be granted in the form of a decision of general application and shall also apply to similar foodstuffs.

³ The applicant must designate a notification address in Switzerland.

⁴ The FVO renders its decision within two months of the filing of the application.

¹ Information on products placed on the market in accordance with this Chapter shall be governed by:

A.

The technical requirements applicable to their manufacture;

B.

The obligation laid down by the Act of 9 October 1992 on foodstuffs ¹ Indicate the country of production of foodstuffs and raw materials;

C.

Art. 4 A .

² Notwithstanding s. 4 A , para. 1, let. B, warnings and precautions of employment, including instructions relating to the safety of persons, may be written only in the official language or languages of the place where the product is placed on the market.

³ The information on the product and its presentation should not give the impression that the product meets the Swiss technical requirements.

¹ If proof of compliance is required, it must be able to be provided by the person offering, placing on the market or putting the product into service.

² The person offering, placing on the market or putting into service a product, however, is exempt from establishing conformity, if:

A.

The proof may be furnished by the person who placed the product on the market previously, when the product has been put into circulation on several occasions without modifications;

B.

The person who puts a product manufactured in series on the market establishes the identity of the series and is entitled to assume that products of the same series have already been lawfully placed on the market;

C. ¹

An importer can credibly establish that the goods it puts on the market are identical to products that are already lawfully present in the Swiss market and come from the same producer.

³ The proof must be in one of the official languages of Switzerland or in English. ²

¹ If a third party test or evaluation is required, the test report or the certificate of conformity is of probative value when it comes from an organization that is, for the field in question:

A.

Accredited in Switzerland;

B.

Recognised by Switzerland in the context of an international agreement; or

C.

Authorised or otherwise recognized by Swiss law.

² The test report or certification of conformity established by a foreign organization that is not recognized under para. 1 has probative value only if it can be made likely:

A.

The compliance testing or assessment procedures that have been applied meet the Swiss requirements; and

B.

The foreign organization has qualifications equivalent to those required in Switzerland.

³ The Federal Office for External Economic Affairs ¹ May, in agreement with the competent Federal Office, order that the test reports or certificates of conformity have no probative value within the meaning of para. 2 when qualified Swiss entities, their test reports or certificates of conformity are not recognised in the State of the foreign agency. It takes into account, in its decision, Swiss economic interests, in particular as regards external trade.

¹ The implementing bodies entrusted by the law of market surveillance may require the necessary evidence and information, collect or request samples, carry out tests and, during normal working hours, enter In the premises or commercial premises of persons subject to the obligation to provide information, inspect them and consult the relevant documents.

² Executing bodies may take provisional measures if serious suspicion suggests that a serious and immediate danger threatens a preponderant public interest within the meaning of s. 4, para. 4, let. A to e.

³ Where the protection of overriding public interests within the meaning of s. 4, para. 4, let. A to e, the implementing bodies shall be empowered to take appropriate measures in the following cases:

A.

The required evidence, information or samples are not provided within a reasonable period of time;

B.

A product does not meet the technical requirements.

⁴ In particular, the implementing bodies may:

A.

Prohibit a product continuing to be placed on the market;

B.

Prescribe that the risks associated with a product be subject to a warning or order, and, if necessary, to implement, recall or withdraw the product;

C.

Prohibit the export of a product whose placing on the market has been prohibited under the terms of the let. A;

D.

Seize, destroy or render inoperable a product that poses a serious and immediate danger.

⁵ Implementing bodies may not order measures which require a posteriori to modify the structure of a product legally placed on the market.

⁶ The implementing bodies shall inform the public of the danger of a product when the person responsible for placing the product on the market does not take effective measures in good time. They make available to the public the information they have about the risks associated with this product and the measures taken.

⁷ If the protection of overriding public interests within the meaning of s. 4, para. 4, let. A to e, as required, the measures provided for in para. 4 are taken in the form of a general decision. They are published after their entry into force.

⁸ The Federal Act of 20 December 1968 on Administrative Procedure ¹ Is applicable.

Any person who is responsible for the placing on the market of a product and, where appropriate, the other persons concerned shall cooperate to the extent necessary for the implementation of this Law. In particular, they must provide all the necessary information to the implementing bodies free of charge, as well as the necessary evidence and documents.

¹ For the purpose of monitoring a product placed on the market under s. 16 A , para. 1, the data subject must:

A.

To furnish proof that the product meets the technical requirements referred to in Art. 16 A , para. 1, let. A;

B.

Establish in a credible manner that it is legally on the market of the Member State of the EC or EEA concerned.

² For market surveillance purposes, the person placing a product on the market under s. 16 B Must provide the evidence provided for in para. 1, let. A.

³ The competent implementing body shall be entitled to take the measures provided for in Art. 19, para. It may require that the foreign requirements mentioned as well as the possible declaration or attestation of conformity be presented in one of the official languages of Switzerland or in English.

⁴ If the control reveals that the evidence required by paras. 1 or 2 are not made or the product poses a risk to overriding public interests within the meaning of s. 4, para. 4, let. A to e, the supervisory body shall take appropriate measures in accordance with Art. 19.

⁵ Where a cantonal implementing body has verified a product, it may request the federal implementing body to make a decision of general application in accordance with Art. 19, para. 7.

⁶ If the control provided for in para. 3 relates to a foodstuff and that the protection of the population requires the revocation of an authorisation granted, the cantonal implementing body makes the request to the FVO.

¹ The legal remedies are governed by the general provisions of the federal procedure.

² The decisions of the implementing bodies may be appealed to the Federal Administrative Court.

³ The Competition Commission may appeal against decisions of a general nature provided for in Art. 19, para. 7, and 20.

¹ The implementing bodies are empowered to process personal data, including information on prosecutions and administrative and criminal sanctions. They are subject to the provisions relating to the collection of personal data according to Art. 18 of the Federal Law of 19 June 1992 on Data Protection ¹ .

² The implementing bodies may keep such data in electronic form and exchange them where required by the uniform performance of this Law.

The competent federal and cantonal authorities shall transmit the information and documents necessary for the implementation of this Law or the application of technical requirements.

¹ The authority responsible for applying or monitoring the application of technical requirements may request information and documents from relevant foreign or international authorities and institutions. ²

² It may transmit to foreign or international authorities or institutions responsible for the application of technical requirements of information and documents which are not public access, if it is established: ³

A.

The applicant's foreign authority is bound by the secrecy of the job;

B.

That it will use the information received only in the framework of an administrative procedure concerning the application of technical requirements and that it will not pass them on to third parties;

C.

Only the information necessary for the application of technical requirements will be transmitted;

D.

That the secrets of manufacturing and business will be preserved, unless the transmission of this information is necessary to prevent the life and health of the human being, animals and plants from being endangered.

³ The provisions on mutual assistance in criminal matters are reserved.