English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Section 1 Conformity
Art. 6 Requirements for the making available on the market
1 Radio equipment may be made available on the market only if, when properly installed and maintained and used for its intended purpose, it complies with the essential requirements set out in this Ordinance. 2 In derogation from paragraph 1, making radio equipment that is intended to be operated by authorities to safeguard public security available on the market is governed by Articles 26 and 27, unless other equipment that complies with the other regulations of this Ordinance and fulfils the same purpose is available on the market. 3 In derogation from paragraph 1, making radio equipment available on the market that is intended to be operated by the Armed Forces or civil defence units in frequency bands that are provided both for military and civilian use is governed by Article 29a, unless other equipment that complies with the other provisions of this Ordinance and fulfils the same purpose is available on the market.
Para. 3 — Inserted by No I of the O of 22 Nov. 2023, in force since 1 Jan. 2024 (AS 2023 720).
Art. 7 Essential requirements
1 Radio equipment must be constructed so as to ensure: a. the protection of the health and safety of persons and domestic animals and the protection of property, including the objectives with respect to safety requirements set out in the Ordinance of 25 November 2015 on Low Voltage Electrical Equipment (LVEO), but with no voltage limit applying; b. an adequate level of electromagnetic compatibility as set out in the Ordinance of 25 November 2015 on Electromagnetic Compatibility (OEMC). 2 Radio equipment shall be constructed so that it both effectively uses and supports the efficient use of radio spectrum in order to avoid harmful interference. 2bis Radio equipment which can be charged by cable and which is widely available on the market must be capable of being charged using a USB-C connection. OFCOM shall define the categories of equipment and the specifications for the charging power and protocols for this radio equipment. It shall issue the required administrative provisions, taking
Para. 1 let. a — SR 734.26 Para. 1 let. b — SR 734.5 Para. 2bis — Inserted by No I of the O of 22 Nov. 2023, in force since 1 Jan. 2024 (AS 2023 720). Para. 3 — Amended by No I of the O of 22 Nov. 2023, in force since 1 Jan. 2024 (AS 2023 720). Para. 3 let. a — Amended by No I of the O of 22 Nov. 2023, in force since 1 Jan. 2024 (AS 2023 720). Para. 3 let. abis — Inserted by No I of the O of 22 Nov. 2023, in force since 1 Jan. 2024 (AS 2023 720).
Art. 8 Meeting the essential requirements
1 Radio equipment manufactured in accordance with the technical standards referred to in Article 31 paragraph 2 letter a TCA is presumed to meet the essential requirements with regard to those aspects governed by that provision. 2 If a designated technical provision is modified, OFCOM shall give notice in the Federal Gazette of the point in time from which the presumption of the conformity of radio equipment with the previous version ceases to apply.
Para. 2 — Amended by No I of the O of 18 Nov. 2020, in force since 1 Jan. 2021 (AS 2020 6213).
Art. 9 Meeting the requirements for use of the frequency spectrum
Radio equipment may only be made available on the market if it meets the requirements for using the frequency spectrum of at least one of the technical regulations for radio interfaces determined by OFCOM in accordance with Article 3 paragraph 1.
Art. 10 Duty to provide information on the compliance of combinations of radio equipment and software
1 Manufacturers of radio equipment and of software allowing radio equipment to be used as intended shall provide OFCOM with information on the compliance of intended combinations of radio equipment and software with the essential requirements set out in this Ordinance. 2 Such information shall result from a conformity assessment carried out in accordance with Articles 12 and 13 and shall be continuously updated. 3 OFCOM shall determine taking international practice into account the categories or classes of radio equipment that are subject to the requirements of paragraph 1, and shall issue the required administrative regulations.
Art. 11 Registration of radio equipment
1 OFCOM shall determine taking international practice into account the categories of radio equipment that display a low level of conformity with the basic requirements of this Ordinance. 2 Manufacturers must register radio equipment that belongs to the categories mentioned in paragraph 1 with OFCOM before the radio equipment may be placed on the market. 3 OFCOM shall issue each item of radio equipment with a registration number. Manufacturers must display this number on the equipment placed on the market. 4 OFCOM shall issue the required technical and administrative regulations, taking international practice into account.
Art. 11 — In force since 12 June 2018 (see Art. 45 para. 2).
Section 2 Conformity Assessment
Art. 12 Principles
1 The manufacturer shall perform a conformity assessment of the radio equipment with a view to meeting the essential requirements set out in this Ordinance. The conformity assessment shall take account of all intended operating conditions and, for the essential requirement set out in Article 7 paragraph 1 letter a, the assessment shall also take account of the reasonably foreseeable conditions. Where the radio equipment is capable of taking different configurations, the conformity assessment shall confirm whether the radio equipment meets the essential requirements set out in Article 3 in all possible configurations. 2 Where the radio equipment is capable of taking different configurations, the conformity assessment shall confirm whether the radio equipment meets the essential requirements set out in this Ordinance in all possible configurations.
Art. 13 Applicable procedure
1 Manufacturers must demonstrate the compliance of radio equipment with the essential requirements set out in Article 7 paragraphs 1 and 2bis by using any of the following conformity assessment procedures: a. an internal production control (Annex 2); b. a type examination that is followed by the conformity to type based on internal production control (Annex 3); c. conformity based on full quality assurance (Annex 4). 2 Where, in assessing the compliance of radio equipment with the essential requirements set out in Article 7 paragraphs 2 and 3, the manufacturer has applied the standards determined by OFCOM, it shall, at its discretion, use one of the procedures set out in paragraph 1 letters a–c (Annexes 2–4). 3 Where, in assessing the compliance of radio equipment with the essential requirements set out in Article 7 paragraphs 2 and 3, the manufacturer has not applied or has applied only in part the standards determined by OFCOM, or where such standards do not exist, the radio equipmen
Para. 1 — Amended by No I of the O of 22 Nov. 2023, in force since 1 Jan. 2024 (AS 2023 720).
Art. 14 Technical documentation
1 The manufacturer shall establish the technical documentation before placing the radio equipment on the market and shall keep it continuously updated. The technical documentation must: a. make it possible to assess the radio equipment's conformity with the applicable requirements of this Ordinance; b. demonstrate the conformity the radio equipment with the aforementioned requirements. 2 The documentation shall list the applicable requirements and cover, as far as relevant for the assessment, the design, manufacture and the operation of the radio equipment. 3 The technical documentation must include an adequate analysis and assessment of the risks. 4 The technical documentation must, wherever applicable, contain at least the following elements: a. a general description of the radio equipment comprising: 1. photographs or illustrations showing external features, markings and internal layout, 2. versions of software or firmware affecting compliance with essential requirements, 3. user in
Para. 3 — Amended by No I of the O of 18 Nov. 2020, in force since 1 Jan. 2021 (AS 2020 6213).
Art. 15 Declaration of conformity
1 Any radio equipment that is made available on the market must at the manufacturer’s option carry a declaration of conformity with the essential requirements in its full form in accordance with Annex 5 or in its simplified form in accordance with Annex 6. 2 The declaration of conformity must be issued by the manufacturer or by its authorised representative in accordance with the templates in Annex 5 and 6. It confirms that compliance with the essential requirements has been demonstrated, and shall be continuously updated. 3 The declaration of conformity must be formulated in one of the official Swiss languages or in English or translated into one of those languages. 4 Where the radio equipment is subject to more than one set of regulations that requires a declaration of conformity, only one declaration need be issued. A file containing two or more individual declarations is equivalent to a single declaration.
Art. 16 Retaining the declaration of conformity and technical documentation
1 The manufacturer, its authorised representative, or, if neither is established in Switzerland, the importer must be able to present a copy of the declaration of conformity and the technical documentation for 10 years after the radio equipment has been placed on the market. 2 Where a series of radio equipment is placed on the market, this period begins on the date when the last equipment in the series concerned was placed on the market. 3 The fulfilment service provider is subject to the obligation in paragraph 1 if: a. the manufacturer and its authorised representative is not established in Switzerland; and b. the importer imports the equipment for its own personal use.
Para. 3 let. b — Inserted by No I of the O of 18 Nov. 2020, in force since 16 July 2021 (AS 2020 6213).
Art. 17 Testing laboratories and conformity assessment bodies
1 The testing laboratories and conformity assessment bodies that draw up reports or issue certificates must: a. be accredited under the Accreditation and Designation Ordinance of 17 June 1996 (AccDO); b. be recognised in Switzerland by virtue of an international agreement; or c. be otherwise authorised under Swiss law. 2 Any person acting on the basis of documents issued by a body other than those referred to in paragraph 1 must credibly show that the test or assessment procedure and the qualifications of that body fulfil the Swiss requirements (Art. 18 para. 2 TBTA). 3 In addition to their obligations set out in the AccDO, the conformity assessment bodies must: a. participate in the regulatory activities in the area of radio equipment and frequency planning; b. fulfil their duties to provide information set out in Annexes 3 and 4. 4 OFCOM shall issue the required administrative regulations on the obligations referred to in paragraph 3 letter a taking international practice into accoun
Para. 1 let. a — SR 946.512
Section 3 Providing Information
Art. 18 Conformity marking, information for identification and traceability
1 All radio equipment must bear the conformity marking in accordance with Annex 1 number 1 or the foreign conformity marking in accordance with Annex 1 number 2. 2 The conformity marking must be affixed visibly, legibly and indelibly to the radio equipment or to its data plate, unless that is not possible or not warranted on account of the nature of radio equipment. The CE marking shall also be affixed visibly and legibly to the packaging. 3 All radio equipment must if applicable bear the identification number of the conformity assessment body. This number must be of the same height as the conformity marking. 4 All radio equipment must bear a type, batch or serial number or other element allowing its identification. Where the size or nature of the radio equipment makes this impossible, the required information must be provided on the packaging, or in a document accompanying the radio equipment. 5 All radio equipment must bear the name, registered trade name or registered trademark of t
Para. 6bis — Inserted by No I of the O of 18 Nov. 2020, in force since 16 July 2021 (AS 2020 6213).
Art. 19 Further information
1 All radio equipment must be accompanied by instructions and safety information. Instructions shall include the information required to use radio equipment in accordance with its intended use. Such information shall include, where applicable, a description of accessories and components, including software, which allow the radio equipment to operate as intended. 2 The following information shall also be included in the case of radio transmitters: a. the frequency bands in which the radio equipment operates; b. the maximum radio-frequency power transmitted in the frequency bands in which the radio equipment operates; c. if applicable, the operational restrictions, and in particular any obligation to obtain an operating licence; d. in the case of radio equipment in accordance with Article 7 paragraph 2bis, information on charging, the compatible charging adapters and on any charging adapter that may be included with the equipment. 3 The information referred to in paragraph 2 letters c an
Para. 2 let. d — Inserted by No I of the O of 22 Nov. 2023, in force since 1 Jan. 2024 (AS 2023 720). Para. 3 — Amended by No I of the O of 22 Nov. 2023, in force since 1 Jan. 2024 (AS 2023 720). Para. 5 — Amended by No I of the O of 22 Nov. 2023, in force since 1 Jan. 2024 (AS 2023 720).
Art. 20 Restrictions
Where a radio receiver may be used to listen to both public and non-public radio broadcasts within the meaning of Article 179bis of the Criminal Code, reference may only be made to listening to public radio broadcasts in the accompanying information.
SR 311.0
Section 4 General Obligations of Economic Operator
Art. 21 Identification obligations
1 Economic operators shall, on request, identify the following to OFCOM: a. any economic operator which has supplied them with radio equipment; b. any economic operator to which they have supplied radio equipment. 2 Economic operators must be able to produce the information referred to in the first paragraph for 10 years from the time of being supplied with or supplying the radio equipment.
Para. 1 let. b — Amended by No I of the O of 18 Nov. 2020, in force since 1 Jan. 2021 (AS 2020 6213).
Art. 22 Transport and storage obligations
Importers and distributors shall ensure that, while radio equipment is under their responsibility, its storage or transport conditions do not jeopardise its compliance with the essential requirements set out in Ordinance.
Art. 23 Obligations to take action
1 When deemed appropriate with regard to the risks presented by radio equipment, manufacturers and importers shall, to protect the health and safety of end-users, carry out sample testing of radio equipment made available on the market, investigate, and, if necessary, keep a register of complaints of non-conforming radio equipment and radio equipment recalls, and shall keep distributors informed of any such monitoring. 2 Manufacturers and importers that consider or have reason to believe that radio equipment which they have placed on the market is not in conformity with this Ordinance shall immediately take the corrective measures necessary to bring that radio equipment into conformity, to withdraw it or recall it, if appropriate. 3 Distributors that consider or have reason to believe that radio equipment which they have made available on the market is not in conformity with this Ordinance shall make sure that the corrective measures necessary to bring that radio equipment into conform
Para. 4 — Amended by No I of the O of 18 Nov. 2020, in force since 16 July 2021 (AS 2020 6213). Para. 5 — Inserted by No I of the O of 18 Nov. 2020, in force since 16 July 2021 (AS 2020 6213).
Art. 24 Obligations to cooperate
1 Economic operators shall, further to a reasoned request from OFCOM, provide it with all the information and documentation necessary to demonstrate the conformity of the radio equipment with this Ordinance. 2 The information and documents must be provided in paper or electronic form and in a language that OFCOM can easily understand. 3 The economic operators and information society service providers shall cooperate with OFCOM, at its request, on any action taken to eliminate the risks posed by radio equipment which they have placed on the market. This obligation also applies to the authorised representative for the radio equipment covered by the mandate.
Para. 3 — Amended by No I of the O of 18 Nov. 2020, in force since 16 July 2021 (AS 2020 6213).
Section 5 Combined Offer of Radio Equipment and Ch
Inserted by No I of the O of 22 Nov. 2023, in force since 1 Jan. 2024 (AS 2023 720).
Art 24a
Where economic operators offer radio equipment in accordance with Article 7 paragraph 2bis with a charging adapter, they must also offer the equipment without the adapter.
