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.
Section 1 General Requirements
Art. 8
Apparatus may only be made available on the market if it complies with this Ordinance when installed and serviced as normally required and when used for its intended purpose.
Section 2 Apparatus
Art. 9 Conformity assessment procedure
1 The manufacturer must demonstrate that the apparatus conforms to the essential requirements of this Ordinance on the basis of one of the following conformity assessment procedures: a. an internal production control (Annex 2); b. a type examination with subsequent verification of conformity to type on the basis of an internal production control (Annex 3). 2 The manufacturer may choose to restrict the application of the procedure under paragraph 1 letter b to some aspects of the essential requirements of this Ordinance provided the procedure under paragraph 1 letter a is applied to the other aspects of the essential requirements.
Art. 10 Technical documentation
1 The manufacturer shall draw up the technical documentation before the apparatus is placed on the market and shall keep it up-to-date. The technical documentation must: a. make it possible to assess the conformity of the apparatus with the essential requirements of this Ordinance; and b. demonstrate that the apparatus conforms with the aforementioned requirements. 2 It shall list the applicable requirements and cover the design, manufacture and operation of the apparatus insofar as they are relevant to the assessment. 3 The technical documentation must include an adequate analysis and assessment of risks. 4 The technical documentation must contain at least the following elements, where applicable: a. a general description of the apparatus; b. conceptual design and manufacturing drawings and schemes of components, sub-assemblies, circuits, etc.; c. descriptions and explanations necessary for the understanding of those drawings and schemes and the operation of the apparatus; d. a list o
Para. 3 — Amended by No I of the O of 18 Nov. 2020, in force since 1 Jan. 2021 (AS 2020 6137).
Art. 11 Declaration of conformity
1 The declaration of conformity shall be issued by the manufacturer or by its authorised representative according to the template in Annex 4. It confirms that compliance with the essential requirements has been demonstrated, and shall be continuously updated. 2 The declaration of conformity must be issued in an official Swiss language or in English or translated into one of those languages. 3 If the apparatus is subject to more than one set of regulations that requires a declaration of conformity, only one declaration need be issued. A dossier comprising several individual declarations is equivalent to a single declaration.
Art. 12 Safeguarding the declaration of conformity and technical documentation
1 The manufacturer, its authorised representative or, if neither of these persons is established in Switzerland, the importer must be able to produce a copy of the declaration of conformity and the technical documentation for ten years from the date of the placing on the market. 2 Where a series of apparatus is placed on the market, this period begins on the date when the last apparatus 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 apparatus 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 6137).
Art. 13 Conformity marking, information for identification and traceability
1 Each apparatus must bear the conformity marking in accordance with Annex 1 point 1 or the foreign conformity marking in accordance with Annex 1 point 2. 2 The conformity marking must be affixed visibly, legibly and indelibly to the apparatus or to its data plate. Where that is not possible or not warranted on account of the nature of the apparatus, it shall be affixed to the packaging and to the accompanying documents 3 Every apparatus must be labelled according to model, production series, serial number or other suitable details such that it is clearly identifiable. If the size or nature of apparatus makes this impossible, this information must be provided on the packaging or in a document accompanying the apparatus. 4 The manufacturers must indicate its name, registered trade name or registered trademark and the postal address at which it may be contacted on every apparatus. If this is impossible, this information must be provided on the packaging or in a document accompanying the
Para. 6 — Inserted by No I of the O of 18 Nov. 2020, in force since 16 July 2021 (AS 2020 6137).
Art. 14 Further information
1 Every apparatus must carry the following information: a. details of specific precautions that must be taken when assembling, installing, maintaining or using the apparatus, in order to ensure that the essential requirements of this Ordinance are met when using the apparatus; b. clear details of restrictions on use if the conformity of the apparatus with the essential requirements of this Ordinance is not guaranteed in residential areas. 2 The information in accordance with paragraph 1 letter b must if applicable be provided on the packaging as well. 3 The information required to enable apparatus to be used in accordance with its intended purpose must be included in the instructions accompanying the apparatus. 4 The information must be provided in an understandable manner in the official language of the point of sale. In bilingual places, it must be provided in both official languages.
Section 3 Apparatus intended for Incorporation in
Art. 15
1 Apparatus that is made available on the market and which may be incorporated in fixed installations is subject to all the regulations applicable to apparatus in this Ordinance. 2 Apparatus intended for incorporation into a fixed installation but which are otherwise not made available on the market is exempt from Articles 4, 8–12, 13 paragraph 1 and 14. 3 In addition to the information mentioned in Article 13 paragraphs 3–6, the documentation accompanying apparatus referred to in paragraph 2 must contain the following information: a. identification of the fixed installation into which it is to be incorporated and its electromagnetic compatibility characteristics; b. the precautions to be taken for the incorporation of the apparatus into the installation in order not to compromise the conformity of that installation.
Para. 3 — Amended by No I of the O of 18 Nov. 2020, in force since 16 July 2021 (AS 2020 6137).
Section 4 General Obligations of Economic Operator
Art. 16 Obligations to identify
1 At OFCOM’s request, economic operators shall identify: a. any economic operator which has supplied them with apparatus; b. any economic operator to which they have supplied apparatus. 2 They must be able to produce the information referred to in paragraph 1 for 10 years from the time of being supplied with or supplying the apparatus.
Art. 17 Transport and storage obligations
Importers or distributors shall ensure that, while apparatus is under their responsibility, its storage or transport conditions do not jeopardise its compliance with the essential requirements of this Ordinance.
Art. 18 Obligations to take action
1 Manufacturers and importers that consider or have reason to believe that apparatus that they have placed on the market does not comply with this Ordinance must immediately take the required corrective measures to bring the apparatus into conformity of, or, if required, to withdraw or recall the same. 2 Distributors that consider or have reason to believe that apparatus that they have made available on the market does not comply with this Ordinance must ensure that the required corrective measures are immediately taken to bring the apparatus into conformity, or, if required, to withdraw or recall the same. 3 Where the apparatus presents a risk, the manufacturers, authorised representatives, importers and distributors must also immediately notify OFCOM to that effect, giving details, in particular, of the non-compliance and of any corrective measures taken. 4 Where the apparatus presents a risk, the fulfilment service providers must also immediately notify OFCOM to that effect, giving
Para. 3 — Amended by No I of the O of 18 Nov. 2020, in force since 16 July 2021 (AS 2020 6137). Para. 4 — Inserted by No I of the O of 18 Nov. 2020, in force since 16 July 2021 (AS 2020 6137).
Art. 19 Obligations to cooperate
1 In response to a justified request from OFCOM, economic operators must send it all the information and documents required to demonstrate the conformity of the apparatus with this Ordinance. 2 The information and documents must be provided in paper or electronic form in a language that OFCOM can easily understand. 3 At OFCOM’s request, economic operators and information society service providers shall cooperate on any measures taken to eliminate the risks posed by apparatus which they have placed on the market. This obligation also applies to the authorised representative for the apparatus covered by its mandate.
Para. 3 — Amended by No I of the O of 18 Nov. 2020, in force since 16 July 2021 (AS 2020 6137).
