¹ This Ordinance applies to equipment that is liable to generate electromagnetic disturbance or whose performance is liable to be affected by such disturbance.

² This Ordinance relates to:

a.

the offering, making available on the market, putting into service, installation and use of equipment;

b.

the recognition of testing laboratories and conformity assessment bodies;

c.

the inspection of equipment.

¹ In this Ordinance:

a.

equipment means any apparatus or fixed installation;

b.

apparatus means:

1.

any finished appliance or combination of such appliances made available on the market as a single functional unit that is intended for the end-user and which is liable to generate electromagnetic disturbance or whose performance is liable to be affected by such disturbance,

2.

all components or sub-assemblies intended for incorporation by the end-user into such an appliance and which are liable to generate electromagnetic disturbance, or the performance of which is liable to be affected by such disturbance,

3.

a combination of such appliances and, where applicable, other appliances that are mobile and intended to be operated in a range of locations (mobile installation);

c.

fixed installation means a particular combination of apparatus and if applicable other appliances that are connected or installed together and which are intended to be used permanently at a predefined location;

d.

electromagnetic disturbance means any electromagnetic phenomenon which may degrade the performance of equipment, such as electromagnetic noise, an unwanted signal or a change in the propagation medium itself;

e.

immunity means the ability of equipment to perform as intended without degradation in the presence of electromagnetic disturbance;

f.

offering means any conduct aimed at making apparatus available on the market, whether by exhibition on premises or at events, display in advertising brochures, catalogues, electronic media or in any other way;

g.

making available on the market means any supply of apparatus for distribution, consumption or use on the Swiss market, whether in return for payment or free of charge;

h.

placing on the market means the first time that an apparatus is made available on the Swiss market;

i.

putting into service means the initial installation and operation of equipment;

j.

installation means making equipment ready for operation;

k.

manufacturer means any natural person or legal entity that manufactures apparatus or has apparatus designed or manufactured, and markets that apparatus under its name or trademark;

l.

authorised representative means any natural person or legal entity established in Switzerland that has received a written mandate from a manufacturer to act on its behalf in relation to specified tasks;

m.

importer means any natural person or legal entity established in Switzerland that places apparatus from abroad on the Swiss market;

n.

distributor means any natural person or legal entity in the supply chain, with the exception of the manufacturer or the importer, that makes an apparatus available on the market;

n^bis.⁴

fulfilment service provider means any natural person or legal entity that, in the course of a business activity, offers any two of the following services: warehousing, packaging, addressing and shipping of products, without being the owner of such products; not included are postal services under Article 2 letter a of the Postal Services Act of 17 December 2010⁵ and any other services involving the movement of goods;

o.⁶

economic operator means any manufacturer, authorised representative, importer, distributor, fulfilment service provider or any other natural person or legal entity that is subject to obligations connected with manufacturing, making available on the market or installing products;

o^bis.⁷

information society service provider means any natural person or legal entity that offers an information society service, i.e. any service normally provided for a consideration, at a distance, electronically and at the individual request of a recipient;

p.

conformity marking means a marking by which the manufacturer indicates that the apparatus is in conformity with the applicable requirements set out in the Swiss legislation providing for its affixing.

² The import of an apparatus for the Swiss market is equivalent to placing on the market.

³ The offering of an apparatus is equivalent to making it available on the market.

⁴ The placing on the market of a second-hand imported apparatus is equivalent to the placing of a new apparatus on the market, unless an identical new apparatus has been placed on the Swiss market.

⁵ An importer or distributor is equivalent to a manufacturer if it:

a.

places an apparatus on the market under its own name or its own trademark; or

b.

modifies an apparatus already on the market so that conformity with this Ordinance may be compromised.

⁶ The repair of equipment is equivalent to use.

This Ordinance does not apply to:

a.

equipment whose electromagnetic compatibility is specifically governed by other legislation;

b.

equipment:

1.

which is incapable of generating or contributing to electromagnetic emissions that exceed a level allowing telecommunications installations and other equipment to operate as intended, and

2.

which operates without unacceptable degradation in the presence of the electromagnetic disturbance normally consequent on its intended use;

c.

radio equipment in accordance with Article 2 paragraph 1 letter a of the Ordinance of 25 November 2015⁸ on Telecommunications Installations⁹ used by radio amateurs, with the exception of the installations made available on the market;

d.

kits which are to be assembled by radio amateurs and equipment made available on the market that are modified by and for radio amateurs;

e.

custom-made test modules used by specialists exclusively in research and development facilities for such purposes;

f.

apparatus used exclusively by the competent federal authorities to carry out tasks in accordance with the Armed Forces Act of 3 February 1995¹⁰, the Federal Act of 21 March 1997¹¹ on Measures to Safeguard Internal Security and the Federal Act of 3 October 2008¹² on Responsibilities in the Area of the Civilian Intelligence Service.

Equipment must be so designed and manufactured having regard to the state of the art that:

a.

the electromagnetic disturbance generated does not exceed the level above which telecommunications installations under Article 3 letter d TCA or other equipment cannot function as intended;

b.

it has the level of immunity to electromagnetic disturbance to be expected in its intended use that allows it to operate without unacceptable degradation of its intended use.

¹ The Federal Office of Communications (OFCOM) in agreement with the State Secretariat for Economic Affairs shall designate the technical standards that permit the essential requirements of this Ordinance to be satisfied.

² Wherever possible, it shall designate internationally harmonised standards.

³ It may instruct independent Swiss standards organisations to draw up technical standards, or do so itself.

⁴ It shall publish the designated technical standards by reference in the Federal Gazette¹³.

¹ Equipment which is in conformity with the technical standards under Article 5 or parts thereof shall be presumed to be in conformity with the essential requirements for the aspects covered by the relevant standards or parts thereof.

² In the event of changes to a designated technical standard, OFCOM shall indicate the point in time from which the presumption of conformity stated in paragraph 1 ceases for equipment that complies with the previous standard.

¹ Conformity assessment bodies that draw up reports or issue declarations must:¹⁵

a.

be accredited in accordance with the Accreditation and Designation Ordinance of 17 June 1996¹⁶;

b.

be recognised in Switzerland by virtue of international agreements; or

c.

be otherwise qualified under Swiss legislation.

² Any person who relies on documents issued by a different body from that mentioned in paragraph 1 above must credibly demonstrate that the testing procedures or assessments and the qualifications of this body satisfy the Swiss requirements (Art. 18 para. 2 TBTA).

¹ Fixed installations must be installed according to the recognised engineering practices and respecting the information on the intended use of their components with a view to meeting the essential requirements of this Ordinance.

² The recognised engineering practices must be documented by the person who assembled the installation. This documentation shall be given to the owner of the fixed installation.

³ The owner must retain the documentation for as long as the installation is in operation. It shall make it available to OFCOM on request.

¹ Equipment that has been put into service must comply with this Ordinance. It must be properly installed and maintained and used for its intended purpose.

² When putting equipment into service or using the same, the manufacturer’s instructions must be followed.

³ If a service provider puts equipment into service, it must comply with the recognised engineering practices.

⁴ When equipment is repaired, the essential requirements must be met.

¹ Any person who exhibits or demonstrates equipment which does not meet the requirements for being made available on the market or being put into service must clearly indicate that the equipment in question does not comply with the regulations and may not be made available on the market or put into service.

² Demonstrations may be carried out only if appropriate measures have been taken to prevent electromagnetic disturbance.

¹ Second-hand equipment may be made available on the market only if it meets the requirements in force at the time it was first made available on the market.

² Second-hand equipment in which important components have been modified for its operation are subject to the same provisions as new equipment.

¹ OFCOM shall inspect whether equipment that is made available on the market, put into service, installed or used complies with this Ordinance.

² For this purpose, it shall carry out sample tests. It shall also conduct an inspection if it has reason to believe that equipment does not comply with this Ordinance.

³ In order to confirm compliance with this Ordinance, OFCOM shall have access free of charge to the places where the equipment is located. It may require that apparatus be handed over free of charge.

⁴ It may request the Federal Customs Administration (FCA) to provide information on imports of apparatus for a specific period.

⁵ If the FCA encounters apparatus in the course of its normal activities that it suspects, on the basis of a checklist from OFCOM, does not comply with this Ordinance, it shall obtain a sample and send it immediately to OFCOM.

¹ OFCOM is authorised to request from the economic operators, the service provider responsible for the putting equipment into service or from the owner of a fixed installation the documentation and information that it requires to fulfil its inspection obligation. It shall allow an appropriate period for the documentation and information to be provided.

² With regard to the inspections, operators and users must disclose the following:

a.

the documentation in their possession relating to the equipment; and

b.

information to identify the person responsible for making the equipment available on the market, the owner, or the operator.

³ If there is reason to assume that a fixed installation does not comply with the regulations in force, and in particular in cases of disturbance, OFCOM may request the owner to demonstrate that the installation meets the essential requirements of this Ordinance.

¹ OFCOM shall arrange for a body that meets one of the requirements of Article 7 paragraph 1 letters a–c oar to test equipment if:²⁴

a.

the tests carried out by OFCOM suggest that the equipment does not meet the essential requirements; and

b.

the request is made by the person responsible for making the apparatus available on the market or the owner of a fixed installation.

² Before it arranges for an apparatus to be tested, it shall consult the person responsible for making it available on the market. Before it arranges for a fixed installation to be tested, it shall consult the owner thereof.

³ The costs of the tests by the body shall be paid by the person responsible for making the apparatus available on the market or the owner of the fixed installation if the tests show that the fixed installation does not meet the requirements.

⁴ OFCOM may arrange for the tests to be carried out by a body if it is unable to carry out the test itself. In this case, the person responsible for making an apparatus available on the market that does not meet the essential requirements, or the owner of the fixed installation that does not meet these requirements shall be charged the same costs as would have applied if OFCOM had carried out the test itself. Paragraphs 2 and 3 do not apply.

¹ If the inspection shows that regulations in this Ordinance are being violated, after hearing the person responsible for placing the apparatus on the market, the user or the owner of the equipment, OFCOM shall order appropriate measures.

² If it becomes apparent that equipment causes or is susceptible to disturbance, OFCOM may in particular:

a.

prohibit it from continuing to be made available on the market;

b.

order its recall, confiscation or forfeiture;

c.

prohibit or restrict its further use; or

d.

order the equipment to be adapted.

³ It may publish information on these measures or make such information available on the internet.

⁴ OFCOM may inform the public of the technical non-conformity of an apparatus, in particular if it is not possible to identify all the economic operators or if such persons are too numerous. To this end, it shall publish the following information in particular on the internet or in another form:

a.

the measures taken;

b.

the intended use of the apparatus;

c.

the information that allow it to be identified, such as the manufacturer, brand and type;

d.

photographs of the apparatus and its packaging;

e.

the date of the decision on non-conformity.

⁵ It may participate in international databases for the exchange of information between market supervisory authorities and record therein the information referred to in paragraph 4.²⁵

¹ If requested to do so, OFCOM shall attempt to ascertain the cause of disturbance.

² To ascertain the cause of disturbance, OFCOM shall have access to all equipment free of charge.

³ OFCOM decides on the measures to be taken to remedy the disturbance, and if applicable on the allocation of the costs of such measures.

¹ OFCOM shall charge fees for:

a.

the rulings that it issues in fulfilment of its inspection obligation if it is found that provisions this Ordinance have not been complied with;

b.

the costs incurred in ascertaining the cause of disturbance, which shall be paid by the operator of equipment causing or liable to disturbance if the disturbance is caused by the fact that the equipment:

1.

does not correspond to the state of the art,

2.

was not put into service in accordance with the manufacturer’s instructions or the recognised engineering practices; or

3.

has been used in contravention of the restrictions on use (Art. 14 para. 1 let. b).

² The fees are calculated on the basis of the time expended. The hourly rate amounts to 210 Swiss francs.

³ The fee charged for ascertaining the cause of disturbance is at least 175 francs. No charge is made for travelling time.

⁴ In addition, the General Fees Ordinance of 8 September 2004²⁶ applies.

¹ The Ordinance of 18 November 2009²⁷ on Electromagnetic Compatibility is repealed.

² and ³ ...²⁸

This Ordinance comes into force on 20 April 2016.