Key Benefits:
15 February 2006 (State 1 Er January 2016)
The Swiss Federal Council,
Having regard to art. 5, 7, para. 2, 8, para. 2, 9, para. 2 and 3, 11 and 13, para. 3, Federal Law of 17 June 2011 on Metrology (LMétr) 2 , pursuant to the Federal Act of 6 October 1995 on Technical Barriers to Trade (LETC) 3 , pursuant to the Agreement of 21 June 1999 between the Swiss Confederation and the European Community on mutual recognition in the field of conformity assessment 4 , 5
Stops:
The purpose of this order is:
1 Repealed by c. I of O du 7 Dec. 2012, with effect from 1 Er Jan 2013 ( RO 2012 7207 ).
This Order governs:
1 A measuring instrument shall be subject to the provisions of this order:
1 New content according to the c. I of O du 7 Dec. 2012, effective from 1 Er Jan 2013 ( RO 2012 7207 ).
2 Repealed by c. I of O du 7 Dec. 2012, with effect from 1 Er Jan 2013 ( RO 2012 7207 ).
In this order, the following means:
1 New content according to the c. I of O du 7 Dec. 2012, effective from 1 Er Jan 2013 ( RO 2012 7207 ).
1 The instruments of measurement referred to in s. 3 may be placed on the market only:
2 The orders on specific measuring instruments shall determine in which cases conformity assessment procedures or approval procedures should be carried out.
3 The requirements set out in paras. 1 and 2 are also deemed to be fulfilled when a measuring instrument meets the requirements deemed equivalent within the framework of an international agreement on mutual recognition of conformity assessment.
1 Anyone who puts a measuring instrument on the market must be able to prove that it meets the essential requirements.
2 Where a measuring instrument consists of several sub-assemblies which work independently and where the specific metrological requirements are fixed for each of those subsets, each of them shall meet the requirements of the This order.
3 An instrument of measurement that meets the technical standards or normative documents referred to in Art. 7 benefits from the presumption of conformity with the essential requirements.
4 Where a measuring instrument is only partially compliant with technical standards or normative documents, there is a presumption of compliance only with the essential requirements that correspond to the elements of the standards and documents Standards to which the instrument of measurement is compliant.
5 A person who places on the market a measurement instrument that does not meet the technical standards and normative documents referred to in s. 7 must be able to prove otherwise that the measuring instrument meets the essential requirements.
1 After consultation with the relevant federal authorities and in agreement with the State Secretariat for the Economy, the Federal Institute of Metrology (METAS) shall designate the relevant technical standards and normative documents to implement the requirements Relating to a specific category of measuring instruments. 1
2 The title and reference of technical standards and normative documents are published in the Federal Worksheet.
1 New content according to the c. I of O du 7 Dec. 2012, effective from 1 Er Jan 2013 ( RO 2012 7207 ).
1 It is prohibited to systematically benefit from the maximum permissible errors set out in the ordinances on specific measuring instruments.
2 The ordinances on specific measuring instruments shall also lay down the conditions to be referred to in the results of the measures, in particular temperature, pressure or density.
1 Reference standards attached to the International System of Units (SI) shall be used for the control of measuring instruments.
2 In cases where there is no SI unit, the measuring instruments must be attached to the national and international reference standards.
Information intended for the user referred to in Annex 1, c. 9.3, shall be available in the official languages of the regions of Switzerland where the measuring instruments are likely to be used. In special cases, METAS 1 May grant exceptions where this requirement is disproportionate and the correct use of the measuring instrument is obvious and can be guaranteed without translation into the official languages.
1 New expression according to c. I of O du 7 Dec. 2012, effective from 1 Er Jan 2013 ( RO 2012 7207 ). This mod has been taken into account. Throughout the text.
1 The conformity of a measuring instrument with the essential requirements shall be evaluated in accordance with the conformity assessment procedures laid down in Annex 2.
2 The orders on specific measuring instruments shall establish, for each type of instrument of measurement, the conformity assessment procedures laid down in Annex 2.
1 Conformity assessment bodies that participate in conformity assessments carried out under an international agreement on mutual recognition of conformity assessment must prove that they meet the criteria Art. 25 of the Order of June 17, 1996 on Accreditation and Designation (OAccD) 2 .
2 Conformity assessment bodies which participate in conformity assessments carried out exclusively in accordance with Swiss legislation must prove that they meet the criteria set out in Annex 5 of the OAccD.
1 New content according to the c. I of the O of 25 nov. 2015, in force since 1 Er Jan 2016 ( RO 2015 5835 ).
2 RS 946.512
1 A person who puts an instrument of measurement on the market must be able to submit a declaration of conformity certifying that the measuring instrument meets the essential requirements and that the conformity assessment procedures laid down in Art. 11 were completed.
2 The declaration of conformity must be in one of the official languages of Switzerland or in English.
3 It must include at least the following indications:
4 The declaration of conformity must be able to be submitted for ten years from the date of manufacture of the measuring instrument. Where the latter is manufactured in series, the time limit shall be from the date of manufacture of the last copy.
1 For ten years from the manufacture of the measuring instrument, the person responsible for placing on the market must be able to submit within a reasonable period of time sufficient technical documentation to prove the satisfaction of the requirements Essential. Where the measuring instrument is manufactured in series, the ten-year time limit shall be from the date of manufacture of the last copy.
2 The technical documentation shall be in one of the official languages of Switzerland or in English. It may be formulated in another language to the extent that the information required for the evaluation is given in one of the official languages of Switzerland or in English.
3 It must include at least:
1 The measuring instruments which are placed on the market in Switzerland as part of an international agreement on mutual recognition of conformity assessment shall bear the international conformity marks recognised by the agreement in Question. The conformity marks are defined in Annex 4.
2 The Federal Department of Justice and Police provides for compliance marks for measuring instruments that are not placed on the market under an international agreement on mutual recognition of conformity assessments.
1 New content according to the c. I of the O of August 26, 2015, in force since 1 Er Oct. 2015 ( RO 2015 3083 ).
1 The approval of a measuring instrument shall be carried out in accordance with one of the following methods, as set out in Annex 5, c. 1:
2 The ordinances on specific instruments of measurement set out which procedures are listed in para. 1 must be used.
3 METAS may issue limited validity approval to test the proper operation or when special conditions of use require it.
1 As a general rule, the instrument of measurement which has been subject to an approval procedure referred to in Art. 16 shall be submitted to the initial verification set out in Schedule 5, c. 2, by the manufacturer or vendor before use.
2 Ordinances on specific measuring instruments address exceptions.
1 The approval and initial verification of a measuring instrument shall be attested by the affixing of the marks set out in Annex 6.
2 In place of the marks provided for in para. 1, it is also possible to affix foreign approval and verification marks recognised in Switzerland as part of an international agreement on mutual recognition of conformity assessments.
1 METAS may recognize conformity assessments, approvals and foreign initial verifications to the extent that they meet Swiss requirements. In general, reciprocity of recognition must be ensured.
2 Anyone who places measurement instruments on the market in accordance with para. 1 or on the basis of international agreements shall be able to submit to METAS, upon request, the technical documentation set out in Annex 2, c. II.
The measuring instruments placed on the market must meet the requirements laid down in Art. 5 to 9 for the duration of their use.
1 The user must ensure that the instrument of measurement that it uses meets the legal requirements and that the procedures for maintaining the stability of measurement provided for in s. 24 are made.
2 It shall announce the use of a new instrument of measurement to the competent implementing body and shall at any time be in a position to inform it of the measuring instruments it uses.
Anyone who puts measurement instruments on the market in a professional capacity must:
1 In the context of market surveillance, the implementing bodies shall monitor whether the measuring instruments which have been placed on the market and put into service in accordance with the procedure laid down in chap. 2, section 3, meet the requirements of this order. 2
2 Market surveillance is conducted by survey or on the basis of the presumption that a measuring instrument does not meet the requirements.
1 New content according to the c. I of O du 7 Dec. 2012, effective from 1 Er Jan 2013 ( RO 2012 7207 ).
2 New content according to the c. I of O du 7 Dec. 2012, effective from 1 Er Jan 2013 ( RO 2012 7207 ).
1 Throughout the duration of the use of a measuring instrument, the competent bodies provided for in the ordinances on specific instruments of measurement shall periodically monitor its stability of measurement. Additional control is performed when an index suggests that the measuring instrument no longer meets the legal requirements, when sealing devices have been damaged or when parts of importance to the measurement have been Have been repaired. The measuring instruments must be presented in perfect condition to control.
2 The procedures for maintaining the stability of measurement are defined in Annex 7.
3 The ordinances on specific instruments of measurement lay down the procedures applicable to each measuring instrument and the frequency of controls.
4 METAS may recognize controls for the maintenance of measurement stability performed abroad.
The implementing bodies shall monitor at irregular intervals throughout the duration of the use of the measuring instrument:
1 The competent body according to paras. 2 and 3 is responsible for the execution of market surveillance, the procedures for maintaining the stability of measurement and the general inspection.
2 The cantons carry out checks on measuring instruments placed on the market to the extent that federal law gives them that competence.
3 METAS carries out checks on measuring instruments placed on the market, provided that these checks are not carried out by the cantons. It may appeal to third party bodies for the execution, under its responsibility, of the various control activities. 1
1 New content according to the c. I of O du 7 Dec. 2012, effective from 1 Er Jan 2013 ( RO 2012 7207 ).
1 Repealed by c. I of O du 7 Dec. 2012, with effect from 1 Er Jan 2013 ( RO 2012 7207 ).
1 Where market surveillance reveals that a measuring instrument does not comply with the legal requirements, METAS shall notify the person responsible for the placing on the market of the result of the monitoring procedure and shall give it the opportunity to take Position. METAS then orders appropriate measures and provides a suitable time frame for their implementation. In particular, it may prohibit any other placing on the market, order the recall, confiscation or seizure of measuring instruments and publish the measures it has adopted. 1
3 Where the general inspection reveals that a measuring instrument or its use does not comply with the legal requirements, the competent implementing body shall take appropriate measures to restore compliance with the law.
4 Where checks carried out in the context of market surveillance and general inspection reveal that a measuring instrument does not comply with the legal requirements, the offences are penalised in accordance with the criminal provisions Under s. 20 to 24 ECL, art. 23 to 30 LETC and art. 248 of the Penal Code 3 The supervisory authority shall charge a fee based on the duration of the work. 4
1 New content according to the c. I of O du 7 Dec. 2012, effective from 1 Er Jan 2013 ( RO 2012 7207 ).
2 New content according to the c. I of O du 7 Dec. 2012, effective from 1 Er Jan 2013 ( RO 2012 7207 ).
3 RS 311.0
4 New content according to the c. I of O du 7 Dec. 2012, effective from 1 Er Jan 2013 ( RO 2012 7207 ).
1 Where a person disputes the result of a measure which concerns it, the body responsible for monitoring the stability of measures must consider whether the legal requirements have been complied with. The costs are borne by the party who is in error. 1
2 This review does not extend the period of validity of the maintenance of measurement stability procedure.
1 New content according to the c. I of O du 7 Dec. 2012, effective from 1 Er Jan 2013 ( RO 2012 7207 ).
1 Repealed by c. I of O du 7 Dec. 2012, with effect from 1 Er Jan 2013 ( RO 2012 7207 ).
METAS collects information on the categories and types of measurement instruments and informs the competent bodies.
1 Repealed by c. I of O du 7 Dec. 2012, with effect from 1 Er Jan 2013 ( RO 2012 7207 ).
The Federal Department of Justice and Police establishes the specific requirements for the placing on the market and the use of measuring instruments.
1 New content according to the c. I of O du 7 Dec. 2012, effective from 1 Er Jan 2013 ( RO 2012 7207 ).
1 Repealed by c. I of O du 7 Dec. 2012, with effect from 1 Er Jan 2013 ( RO 2012 7207 ).
The competent federal authority may require the customs administration to announce the importation of specified measuring instruments for a specified period of time.
The order of 17 December 1984 on verifications 1 Is repealed.
1 [RO 1985 56, 1996 987 art. 20 al. 2, 1997 2761 hp. Let. B, 1999 133 hp. III 1]
Approvals under the December 17, 1984 Order on Audits 1 Remain valid. Under such approvals, new measuring instruments may be placed on the market and subject to the initial verification for a further ten years.
1 [RO 1985 56, 1996 987 art. 20 al. 2, 1997 2761 hp. Let. B, 1999 133 hp. III 1]
This Order comes into force on October 30, 2006.
(art. 5, para. 1)
A measuring instrument shall ensure a high level of metrological protection so that any party concerned can have confidence in the outcome of the measurement. Its design and manufacture must be of high quality with respect to metrological technology and the safety of measurement data.
The solutions adopted according to the requirements must take into account the intended use of the instrument of measurement and any foreseeable abuse.
Mesurande
A particular size that is subject to measurement.
Grandeur d ' Influence
The size of influence is a size that is not the measurement but which has an effect on the result of the measurement.
Nominal Operating Conditions
Values for the measurement and influence quantities that constitute the normal operating conditions of a measuring instrument.
Disturbance
A weight of influence whose value is within the limits specified in the applicable requirement, but outside the assigned nominal operating conditions that are specified for the measuring instrument. A magnitude of influence is a disturbance if, for this magnitude of influence, the nominal operating conditions are not specified.
Critical Variation Value
The value from which the variation of the measurement result is considered undesirable.
Materialized measure
A measuring instrument that is intended to reproduce or provide permanently, during its use, one or more known values of a given quantity.
Direct selling
Commercial transaction in which:
Climate Environments
Conditions under which measuring instruments can be used. A range of temperature limits has been defined so that climate differences between different states can be taken into account.
Services d ' Public utility
Companies providing electricity, gas, remote or water heating are considered to be utilities.
Table 1
Temperature Limits |
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Maximum Temperature |
+30 ° C |
+40 ° C |
+55 ° C |
+70 ° C |
|
Minimum Temperature |
+ 5 ° C |
-10 ° C |
-25 ° C |
-40 ° C |
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1 Update as per c. I of the O of August 26, 2015, in force since 1 Er Oct. 2015 ( RO 2015 3083 ).
2 RS 941.202
(art. 11, para. 1, and 19, para. 2)
In relation to samples:
In relation to other parts of the ' Measuring instrument:
In relation to the manufacturing process:
(art. 12)
(art. 15)
(art. 16, para. 1, and 17, para. 1)
(art. 18, para. 1)
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1 Update as per c. I of O du 7 Dec. 2012, effective from 1 Er Jan 2013 ( RO 2012 7207 ).
(art. 24, para. 2)