Key Benefits:
1 This order applies to equipment capable of causing electromagnetic disturbance or whose operation may be affected by such disturbances.
2 This order deals with:
1 The term is:
2 The importation of appliances destined for the Swiss market is equated with placing on the market.
3 The supply of a device is deemed to be made available on the market.
4 The placing on the market of an imported used apparatus is equivalent to placing a new device on the market, provided that no identical new device has already been placed on the Swiss market.
5 An importer or distributor is considered to be a manufacturer:
6 The repair of equipment is considered to be a use.
This order does not apply to:
The equipment shall be designed and manufactured in accordance with the prior art, in order to ensure:
1 The Federal Communications Office (OFCOM) designates, in agreement with the State Secretariat for the Economy, the technical standards to meet the essential requirements of this order.
2 As far as possible, it refers to harmonised international standards.
3 It may entrust independent Swiss standardisation bodies with the elaboration of technical standards or the task itself.
4 It publishes the designated technical standards in the Federal Worksheet 1 .
1 The standards can be consulted or obtained against payment from the Swiss Standards Association, Bürglistrasse 29, 8400 Winterthur, www.snv.ch.
1 Equipment complying with technical standards, or parts of technical standards, referred to in s. 5, are presumed to meet the essential requirements for their aspects covered by these standards or parts of standards.
2 In the event of a change to a designated technical standard, OFCOM shall indicate at which time the presumption of conformity set out in para. 1 stops for equipment conforming to the previous version.
1 Testing laboratories and conformity assessment bodies that produce reports or certificates must:
2 Anyone who relies on documents from an organization other than those referred to in para. 1 must make it likely that the testing or evaluation procedures and the qualifications of the said body comply with the Swiss requirements (Art. 18, para. 2, LETC).
Devices may only be made available on the market if they comply with the provisions of this Ordinance as long as they are properly installed and maintained and used in accordance with the intended purpose.
1 The manufacturer must demonstrate the compliance of the devices to the essential requirements of this order by means of one of the following compliance assessment procedures:
1 The manufacturer shall prepare the technical documentation before the device is placed on the market and shall keep it up to date. It must:
2 The technical documentation shall specify the applicable requirements and shall cover, to the extent necessary for the evaluation, the design, manufacture and operation of the device.
3 Where the manufacturer implements the procedure referred to in s. 9, para. 1, let. B, the technical documentation includes adequate analysis and assessment of the risk (s).
4 The technical documentation shall contain, where appropriate, at least the following:
4 If the technical documentation is not in one of the official languages of Switzerland or in English, the OFCOM may request a full or partial translation into one of the aforementioned languages.
1 The declaration of conformity shall be established by the manufacturer or his authorised representative, in accordance with the model set out in Annex 4. It certifies that compliance with the essential requirements has been demonstrated and is continuously updated.
2 It must be written or translated into one of the official languages of Switzerland or English.
3 If the device is subject to several regulations requiring a declaration of conformity, a single declaration must be made. A file consisting of several individual declarations shall be treated as one declaration.
1 The manufacturer, his authorised representative, or if neither of these two persons is established in Switzerland, the importer, must be able to submit a copy of the declaration of conformity and of the technical documentation for ten years from the day on which the Market.
2 In the event of the placing on the market of sets of devices, the short period from the date of placing on the market of the last device of the series concerned.
1 Each device shall bear the compliance mark set out in Annex 1, c. 1, or the foreign conformity mark referred to in Annex 1, c. 2.
2 The conformity mark shall be displayed in a visible, legible and indelible manner on the device or on its nameplate. Where this is not possible or is not justified in view of the nature of the device, it shall be displayed in a visible and legible manner on the packaging and accompanying documents.
3 Each device must be identified by its type, lot, serial number, or other data for unambiguous identification. Where the size or nature of the device does not permit it, such information shall appear on the package or in a document accompanying the device.
4 Each device must bear the name, name or registered trademark of the manufacturer and the mailing address to which it can be contacted. Where this is not possible, this information must appear on its packaging or in a document accompanying it. The address specifies a unique location where the manufacturer can be contacted. The coordinates are indicated in a language which is easily understood by the end users.
5 If the manufacturer is not established in Switzerland, each device must also bear the name, name or registered trademark of the importer, as well as the mailing address to which it can be contacted. Where this is not possible, such information shall appear on the packaging of the device or in a document accompanying it. The coordinates are indicated in a language which is easily understood by the end users.
1 Each device shall be accompanied by the following information:
2 Where applicable, the indication provided for in para. 1, let. B, will also be included on the package.
3 The information necessary for the use of the device in accordance with the intended purpose shall be included in the accompanying instructions.
4 The information is written in an understandable way by the end users, in the official language of the place where the installation is offered for sale. In bilingual sites, they must be in both official languages.
1 Devices made available on the market and capable of being incorporated into a fixed installation shall be subject to all applicable provisions concerning apparatus contained in this order.
2 Devices intended to be incorporated into a particular fixed installation and which have not been made available on the market otherwise are not subject to s. 4, 8 to 12, 13, para. 1, and 14.
3 Documentation accompanying an apparatus referred to in para. 2 shall contain the following particulars, in addition to those required by s. 10, para. 2 to 4:
1 At the request of OFCOM, economic operators identify:
2 They must be able to communicate the information referred to in para. 1 for ten years from the date on which the aircraft was supplied to them, on the other hand, from the date on which they supplied the aircraft.
Importers and distributors must ensure that, as long as a device is under their control, its storage or transportation conditions do not compromise its compliance with the essential requirements of this order.
1 Manufacturers and importers who consider or have reason to assume that a device they have placed on the market does not comply with this order shall immediately take the necessary corrective measures to Compliance or, if necessary, remove or recall it.
2 Distributors who consider or have reason to assume that a device they have made available on the market is not in compliance with this order shall ensure that the necessary corrective measures are taken to place it In compliance or, if necessary, withdraw it or recall it.
3 In addition, if the device poses a risk, manufacturers, importers and distributors must immediately inform the OFCOM, including details of the non-compliance and the corrective measures taken.
1 Upon a reasoned request by OFCOM, economic operators shall provide it with all the information and documents necessary to demonstrate the conformity of the device with this order.
2 The information and documents must be communicated in writing on paper or electronically, in a language easily understood by OFCOM.
3 At the request of OFCOM, the economic operators shall cooperate in the implementation of any measures designed to eliminate the risks presented by a device which they have made available on the market. This obligation also applies to the agent in respect of the apparatus covered by his mandate.
1 Fixed installations shall be installed in accordance with good engineering practices and in accordance with the instructions for the intended use of their components, and shall meet the essential requirements of this order.
2 Good engineering practices must be documented by the person who performed the assembly. These documents are provided to the owner of the fixed facilities.
3 The owner must keep these records for as long as the facility is in service. It shall make them available to OFCOM if it so requests.
1 Equipment put into service must comply with this order. They shall be properly installed and maintained and used in accordance with the intended purpose.
2 The commissioning and use of equipment must comply with the manufacturer's instructions.
3 When a service provider puts into service equipment, it must respect good engineering practice.
4 The repair of equipment must meet the essential requirements.
1 Any person who exposs or presents equipment that does not meet the requirements for making available on the market or for putting it into service must clearly indicate that the equipment is not in conformity with the requirements and that it cannot Be made available on the market or put into service.
2 A demonstration cannot take place before measures are taken to prevent any risk of electromagnetic disturbance.
1 OFCOM verifies that the equipment made available on the market, put into service, put in place or used is in conformity with this order.
2 It shall carry out such checks on a sample basis. It also carries out control when it has reason to assume that equipment is not in compliance with this order.
3 It can access the premises where the equipment is located free of charge to ensure that they comply with this order. He may request that devices be provided free of charge.
4 It may request the Federal Customs Administration (AFD) to provide information on imports of devices for a specified period of time.
5 If AFD discovers in its ordinary course of activities that it suspects, on the basis of a list of checks provided by OFCOM, that it does not comply with this order, it shall take a sample which it transmits without Delay to OFCOM.
1 The OFCOM is entitled to ask the economic operators, the service provider responsible for the commissioning of an equipment or the owner of a facility, to set up the documents and information needed to carry out its tasks. Control. It sets an appropriate deadline for this.
2 As part of the controls, operators and users are required to provide:
3 If there is reason to suppose that a fixed installation does not comply with the requirements, especially in the event of a disturbance, OFCOM may ask the owner to provide proof that the installation complies with the essential requirements Of this order.
1 OFCOM tests equipment by a laboratory within the meaning of s. 7:
2 Before testing a device, it hears the person responsible for making it available on the market. Before conducting tests on a fixed installation, it hears the owner of the fixed installation.
3 The cost of testing the laboratory shall be borne by the person responsible for making available on the market of the apparatus or by the owner of the fixed installation if the tests establish that the apparatus or fixed installation does not Does not meet the requirements.
4 OFCOM may conduct tests by a laboratory when it cannot carry out the tests itself. In this case, the person responsible for making available on the market a device that does not meet the essential requirements or the owner of the fixed installation that does not meet those requirements will be charged the same costs as if OFCOM had itself carried out the tests. The s. 2 and 3 are not applicable.
1 If the control establishes a breach of the provisions of this order, OFCOM shall take the appropriate measures after hearing the person responsible for making available on the market of the device, the operator or the owner of the Equipment.
2 If equipment is found to be disturbing or disturbed, OFCOM may include:
3 It may publish these measures or make them available online.
4 OFCOM can inform the public about the technical non-compliance of a device, especially when it is not possible to identify all economic operators or there are too many of them. To this end, it shall publish or make available online in particular the following information:
1 On request, OFCOM attempts to determine the origin of a disturbance.
2 To determine the origin of a disturbance, OFCOM has free access to all equipment.
3 OFCOM shall decide on the measures to be taken in order to put an end to the disturbance and, where appropriate, the apportionment of the costs entailed by these measures.
1 OFCOM views an emolument:
2 The emoluments are calculated according to the time spent. The rate applied is 210 francs per hour.
3 The fee levied to seek the origin of a disturbance rises to at least 175 francs. The time required to travel to the site is not considered.
4 Moreover, the General Order of 8 September 2004 on emoluments 1 Is applicable.
1 The order of 18 November 2009 on electromagnetic compatibility 1 Is repealed.
1 [ RO 2009 6243 , 2014 4159]
2 The mod. Can be viewed at RO 2016 119 .
This Order comes into force on April 20, 2016.
(art. 13, para. 1)
Minimum dimensions: Height of the ellipse Width of the ellipse Letter Height Letter Width Line Thickness |
7.2 mm 11 mm 5 mm 2.5 mm 0.6 mm |
1 Regulation (EC) n O 765/2008 of the European Parliament and of the Council of 9 July 2008 laying down the requirements for accreditation and market surveillance for the marketing of products and repealing Regulation (EEC) No O 339/93 of the Council, OJ L 218, 13.08.2008, p. 30.
(art. 9, para. 1, let. (a)
(art. 9, para. 1, let. (b)
(art. 11, para. 1)
1 The declaration of conformity for a device bearing the Swiss conformity mark according to Annex 1, c. 1, should be based on the following model:
Title: Declaration of Conformity
2 The declaration of conformity for a device bearing the foreign conformity mark according to Annex 1, c. 2, shall be established in accordance with the model set out in Annex IV to Directive 2014 /30/EU 1 .
1 Directive 2014 /30/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States concerning electromagnetic compatibility (recast version), OJ L 96, 26.02.2014, p. 79.