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. 24 Principles
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 Office for Customs and Border Security (FOCBS) to provide information on imports of apparatus for a specific period. 5 If the FOCBS 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.
Para. 4 — The name of this administrative unit was changed on 1 Jan. 2022 pursuant to Art. 20 para. 2 of the Publications Ordinance of 7 Oct. 2015 (SR 170.512.1) (AS 2021 589). This change has been made throughout the text.
Art. 25 Powers
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.
Art. 26 Tests by a body
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: 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
Para. 1 — Amended by No I of the O of 18 Nov. 2020, in force since 1 Jan. 2021 (AS 2020 6137).
Art. 27 Measures
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;
Para. 5 — Inserted by No I of the O of 18 Nov. 2020, in force since 1 Jan. 2021 (AS 2020 6137).
