Ordinance on Electromagnetic Compatibility (OEMC)
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Art. 1 Subject matter
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.
Art. 2 Terms
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. ele
Para. 1 let. nbis — Inserted by No I of the O of 18 Nov. 2020, in force since 16 July 2021 (AS 2020 6137). Para. 1 let. nbis — SR 783.0 Para. 1 let. o — Amended by No I of the O of 18 Nov. 2020, in force since 16 July 2021 (AS 2020 6137). Para. 1 let. obis — Inserted by No I of the O of 18 Nov. 2020, in force since 16 July 2021 (AS 2020 6137).
Art. 3 Exceptions
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 2015 on Telecommunications Installations 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 exclusivel
let. c — SR 784.101.2 let. c — Name in accordance with Art. 43 para. 1 let. d of the O of 25 Nov. 2015 on Telecommunications Installations, in force since 13 June 2016 (AS 2016 179). let. f — SR 510.10 let. f — SR 120 let. f — SR 121
Art. 4 Essential requirements
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.
Art. 5 Technical standards
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 Gazette.
Para. 4 — The standards may be viewed free of charge and obtained for a fee from the Swiss Association for Standardisation, Sulzerallee 70, 8404 Winterthur; www.snv.ch.
Art. 6 Fulfilling essential requirements for equipment
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.
Art. 7 Conformity assessment bodies
1 Conformity assessment bodies that draw up reports or issue declarations must: a. be accredited in accordance with the Accreditation and Designation Ordinance of 17 June 1996; 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).
Art. 7 — Amended by No I of the O of 18 Nov. 2020, in force since 1 Jan. 2021 (AS 2020 6137). Para. 1 — Amended by No I of the O of 18 Nov. 2020, in force since 1 Jan. 2021 (AS 2020 6137). Para. 1 let. a — SR 946.512
