Internal Market Act (IMA)
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Art. 2 Free access to the market
1 A person has the right to offer goods, services and labour anywhere in Switzerland, provided that pursuing the economic activity concerned is permitted in the canton or the commune in which they are settled or registered. 2 The Confederation, cantons and communes as well as other agencies responsible for public tasks shall ensure that their regulations and rulings on pursuing the economic activity safeguard the rights under paragraph 1. 3 Offering goods, services and labour is governed by the regulations of the canton or the commune in which the supplier is settled or registered. If a product may be placed on the market or used in the supplier's canton, this product may be placed on the market or used anywhere in Switzerland. 4 Any person lawfully pursuing an economic activity has the right to be established anywhere in Switzerland for the purpose of pursuing this activity and to pursue the activity in accordance with the regulations of the place of initial establishment, subject to
Para. 4 — Inserted by No I of the FA of 16 Dec. 2005, in force since 1 July 2006 (AS 2006 2363 2366; BBl 2005 465). Para. 5 — Inserted by No I of the FA of 16 Dec. 2005, in force since 1 July 2006 (AS 2006 2363 2366; BBl 2005 465). Para. 6 — Inserted by No I of the FA of 16 Dec. 2005, in force since 1 July 2006 (AS 2006 2363 2366; BBl 2005 465). Para. 7 — Inserted by No I of the FA of 16 Dec. 2005, in force since 1 July 2006 (AS 2006 2363 2366; BBl 2005 465). Para. 7 — Second sentence inserted b
Art. 3 Restriction of free access to the market
1 Non-local suppliers shall not be refused free access to the market. Any restrictions must be issued in the form of requirements or conditions and are only permitted where they: a. also apply in equal measure to local persons; b. are essential to safeguard overriding public interests; and c. are proportionate. 2 Restrictions are disproportionate in particular if: a. adequate protection of overriding public interests is already achieved through regulations at the place of origin; b. the proof and security that the supplier has already provided at the place of origin is sufficient; c. settlement or registration at the place of destination is required before pursuing an economic activity; d. adequate protection of overriding public interests can be guaranteed by the practical activity that the supplier pursued at the place of origin. 3 Restrictions that are permitted under paragraph 1 must under no circumstances include covert restrictions on market entry that favour local economic inter
Art. 3 — Amended by No I of the FA of 16 Dec. 2005, in force since 1 July 2006 (AS 2006 2363 2366; BBl 2005 465).
Art. 4 Recognition of professional qualifications
1 Cantonal or cantonally-recognised professional qualifications to pursue an economic activity are valid anywhere in Switzerland unless subject to restrictions in accordance with Article 3. 2 ... 3 If the professional qualification only partly meets the requirements at the place of destination, the person concerned may provide proof that they have acquired the necessary knowledge through education, training or practical experience. 3bis The recognition of professional qualifications for economic activities that fall under the Agreement of 21 June 1999 between the Swiss Confederation, of the one part, and the European Community and its member states, of the other, on the free movement of persons is governed by that Agreement. 4 Where the cantons provide for the mutual recognition of professional qualifications in an inter-cantonal agreement, the provisions thereof take precedence over this Act.
Para. 2 — Repealed by No I of the FA of 16 Dec. 2005, with effect from 1 July 2006 (AS 2006 2363 2366; BBl 2005 465). Para. 3bis — SR 0.142.112.681 Para. 3bis — Inserted by No I of the FA of 16 Dec. 2005, in force since 1 July 2006 (AS 2006 2363 2366; BBl 2005 465).
Art. 5 Public procurement
1 Public procurement by cantons, communes and other agencies responsible for cantonal and communal tasks is governed by cantonal or intercantonal law. These regulations and rulings based thereon may not discriminate in a manner contrary to Article 3 against persons settled or registered in Switzerland. If a procurement or transfer of a monopoly is based on the intercantonal agreement that the cantons concluded based on the Protocol of 30 March 2012 Amending the Agreement on Government Procurement, it shall be presumed that the requirements of this Act have been complied with. 2 Cantons, communes and other agencies responsible for cantonal and communal tasks shall ensure that notice of plans for substantial public purchases, services and construction projects as well as the criteria for participation and the award of contracts are published in an official journal. In doing so, they shall take account of international obligations that bind the Confederation.
Para. 1 — BBl 2017 2175 Para. 1 — SR 0.632.231.422 Para. 1 — Third sentence inserted by Annex 7 No II 7 of the FA of 21 June 2019 on Public Procurement, in force since 1 Jan. 2021 (AS 2020 641; BBl 2017 1851).
Art. 6 International law and intercantonal agreements
1 Any person settled or registered in Switzerland has at least the same rights in relation to access to the market as the Confederation grants to foreign persons in international agreements. 2 Where foreign persons as a result of international law agreements between one or more cantons and the neighbouring country benefit from more favourable access to the market than suppliers settled or registered in one of the other cantons, these suppliers have the right to equal treatment, provided their canton of settlement or registration grants reciprocal rights. 3 In relations between suppliers within Switzerland, paragraph 2 also applies mutatis mutandis to intercantonal agreements.