Precious Metals Control Ordinance (PMCO)
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
I. Purpose of the official assay
Art. 81
1 The official control serves to ascertain whether precious metal articles and multi-metal articles have the legal standards of fineness and meet the other material requirements and whether they bear the prescribed marks and stamps. 2 If the legal requirements have been met, this is certified by stamping the official hallmark.
Para. 1 — Amended by No I of the O of 19 June 1995, in force since 1 Aug. 1995 (AS 1995 3113).
II. The official assay
1. Mandatory
Art. 82
1 Watch-cases made of precious metal may not be placed on the market before undergoing official controlling and hallmarking. This provision also applies to watch-cases that are destined for export and have a standard of fineness required under the legislation of the destination country. 2 Watch-cases are deemed to be placed on the market as soon as they have left the manufacturing plant of the case manufacturer. 3 In accordance with Article 13 paragraph 1 of the Act, the case manufacturer must apply for the official control to the Assay Office of its business area. 4 For watch-cases in an unworked or finished condition that are to be sent directly to states that require the mandatory controlling of watch-cases, the official hallmarking may be dispensed with, subject to the provisions of Article 138. Based on the foreign statutory provisions, the Central Office shall stipulate the cases in which the aforesaid precondition applies and bring this to the attention of interested parties wit
Para. 1 — Amended by No I of the O of 19 June 1995, in force since 1 Aug. 1995 (AS 1995 3113). Para. 4 — Amended by Annex 4 Number 62 of the Customs Ordinance of 1 Nov. 2006, in force since 1 May 2007 (AS 2007 1469).
2. Hallmarking of multi-metal articles
Art. 83
Only those multi-metal articles bearing a fineness mark and a responsibility mark on their precious metal parts may be given the official hallmark.
Art. 83 — Amended by No I of the O of 19 June 1995, in force since 1 Aug. 1995 (AS 1995 3113).
III. Control procedure
1. Introduction
a. Request
Art. 84
The request for official hallmarking shall include a precise list of the articles submitted.
Art. 84 — Amended by No I of the O of 19 June 1995, in force since 1 Aug. 1995 (AS 1995 3113).
b. Enclosure of the article
Art. 85
1 The article to be controlled, in a clean condition, shall be enclosed with the request. 2 If the consignment contains articles of different types, these must be arranged for testing by type and by fineness. 3 Watch-cases must be presented open for official hallmarking. 4 The articles must be presented in full for official hallmarking. If only parts of an article are officially hallmarked, the applicant shall sign to accept liability that the finished objects meet the statutory requirements. 5 If possible, the articles are presented in a manufacturing stage at which the risks of damage are kept to a minimum. They must be sufficiently along the manufacturing process that no changes may be made to either the stamped hallmark or the article itself in the finishing stages.
Para. 3 — Amended by No I of the O of 19 June 1995, in force since 1 Aug. 1995 (AS 1995 3113). Para. 4 — Amended by No I of the O of 19 June 1995, in force since 1 Aug. 1995 (AS 1995 3113). Para. 5 — Inserted by No I of the O of 19 June 1995, in force since 1 Aug. 1995 (AS 1995 3113).
Art. 86
Repealed by No 1 of the O of 19 June 1995, with effect from 1 Aug. 1995 (AS 1995 3113).
2. Formal verification
Art. 87
1 The Assay Office shall check to ensure that the articles presented correspond to the details in the application and their marking complies with the provisions. 2 If so, the request is registered. 3 If the articles do not correspond to the details of the request or if they are not correctly marked, the Assay Office shall refuse to carry out the official hallmarking.
Art. 87 — Amended by No I of the O of 19 June 1995, in force since 1 Aug. 1995 (AS 1995 3113).
Art. 88–90
Repealed by No 1 of the O of 19 June 1995, with effect from 1 Aug. 1995 (AS 1995 3113).
3. Material verification
a.. ...
Art. 91
1 The determination of the fineness covers all parts of the article. 2 The Central Office shall decide on the testing methods to be used.
Art. 91 — Amended by No I of the O of 19 June 1995, in force since 1 Aug. 1995 (AS 1995 3113).
Art. 92
Repealed by No 1 of the O of 19 June 1995, with effect from 1 Aug. 1995 (AS 1995 3113).
b. Method of sampling
Art. 93
For the analytical sample, the required amount of material is either scraped or cut from the articles. The sample is taken from clean material, without any surface coating, solder, residue or any other substances.
Art. 93 — Amended by No I of the O of 19 June 1995, in force since 1 Aug. 1995 (AS 1995 3113).
Art. 94
Repealed by No I of the O of 19 June 1995, with effect from 1 Aug. 1995 (AS 1995 3113).
c. Return of material
Amended by No I of the O of 19 June 1995, in force since 1 Aug. 1995 (AS 1995 3113).
Art. 95
1 The cornets and the beads remaining in the pan as well as all other waste products from the sampling process must be returned with the tested articles. 2 Where the samples have been taken correctly, no compensation shall be payable for any loss in weight.
d. Touchstone testing
Amended by No I of the O of 19 June 1995, in force since 1 Aug. 1995 (AS 1995 3113).
Art. 96
1 Objects with fragile ornamentation, jewellery work, enamel or decorations for which the removal of a sufficient amount of metal for analytical testing is not advisable may be tested using a touchstone. 2 Watch-cases and other precious metal articles for which touchstone testing does not produce a conclusive result shall undergo analytical testing.
e. Certified material
Art. 97
1 A written agreement may be made with the manufacturer on the conformity assessment of certified material. 2 The Central Office shall issue directives on the general conditions for agreements.
Art. 97 — Repealed by No I of the O of 19 June 1995 (AS 1995 3113). Amended by Art. 21 of the O of 17 Aug. 2005 on Fees for Precious Metal Control (AS 2005 4317). Para. 2 — Inserted by Art. 17 of the O of 6 Nov. 2019 on Fees for Precious Metal Control, in force from 1 Jan. 2020 (AS 2019 3771).
IV. Objection procedure
1. Principle
Art. 98
1 If the article submitted for verification does not satisfy the statutory minimum fineness or if the fineness mark stamped on the article does not match the actual fineness, the official hallmarking shall be deferred and an objection raised. The same shall apply where an objection is raised to a responsibility mark. 2 The applicant shall receive provisional notification of this measure. 3 If the objection concerns only individual pieces of the articles submitted, official hallmarking shall proceed for the remaining pieces.
2. Report to Central Office
Art. 99
1 The Assay Office shall send the Central Office a report on the reason for and extent of the objection. 2 The Central Office shall determine the circumstances in which the Assay Office must also send it the contested articles.
Art. 99 — Amended by No I of the O of 19 June 1995, in force since 1 Aug. 1995 (AS 1995 3113).
3. Procedure of the Central Office in the case of
a. Ordering of a second opinion
Art. 100
1 The Central Office shall order the verification of the articles submitted to it in a second opinion (Art. 17 para. 1 of the Act). 2 The second-opinion test shall be conducted by the agencies of the Central Office or, exceptionally, by another Assay Office.
Para. 2 — Amended by No I of the O of 19 June 1995, in force since 1 Aug. 1995 (AS 1995 3113).
b. Type of verification
Art. 101
1 For the second opinion, Article 93 and 95 are applicable. 2 The Central Office shall decide on the methods of analysis to be used.
Art. 101 — Amended by No I of the O of 19 June 1995, in force since 1 Aug. 1995 (AS 1995 3113).
c. Article found to comply
Art. 102
1 If the second opinion determines that the article is of the legally prescribed fineness or that the mark affixed to the article corresponds to the legal fineness of the article, the Central Office shall order its hallmarking. 2 The article shall be returned to the Assay Office, which must proceed with the hallmarking without any further testing. 3 ...
Para. 3 — Repealed by No I of the O of 19 June 1995, with effect from 1 Aug. 1995 (AS 1995 3113).
d. Confirmation of an offence
Art. 103
1 If the objection by the Assay Office turns out to be justified and if an offence has been committed in accordance with Article 44 of the Act, the Central Office shall seize the article and file a criminal complaint. 2 The applicant shall be notified of these measures in writing.
e. Justification of the objection without an offen
aa. Procedure
Art. 104
1 If there is no indication that an offence has been committed, despite the objection to the article being justified, the Central Office shall order the refusal of the official hallmarking. At the same time, it shall arrange for the necessary measures to be taken to prevent the disputed articles from being placed on the market. 2 The applicant shall be notified of these orders and arrangements in writing.
bb. Safeguarding measures
Art. 105
1 As a rule, the contested articles must be made unusable. If the objection concerns only individual parts, only these are made unusable. 2 The objects that have been made unusable are returned to the applicant. 3 This provision has effect subject to the provision on the responsibility of the officers and sworn assayers in the case of unjustified destruction of articles.
Para. 2 — Amended by No I of the O of 19 June 1995, in force since 1 Aug. 1995 (AS 1995 3113).
4. Procedure of the Central Office in the case of
Art. 106
1 If an objection is raised to the responsibility mark, the Central Office shall conduct an investigation. 2 If the objection is found to be justified and if an offence has been committed in accordance with Article 47 of the Act, the article shall be seized and a criminal complaint filed. 3 If it cannot be assumed that an offence has been committed, despite the objection to the responsibility mark, the Central Office shall impose a fixed penalty on the applicant and order him to affix the correct responsibility mark. The article shall be returned to the applicant unstamped for this purpose.
5. Expenses
Art. 107
1 In the case of a justified objection, the applicant must pay the testing fee and expenses incurred. 2 The Central Office’s testing fees and expenses shall be collected by the Assay Office along with its own charges.
Art. 107 — Amended by No I of the O of 19 June 1995, in force since 1 Aug. 1995 (AS 1995 3113).
V. Stamping
1. Procedure
Art. 108
1 If the result of the control does not raise any objection, or if any such objection is found to be unjustified by the second opinion, the Assay Office must proceed with the hallmarking. 2 This is performed by stamping the official hallmark in accordance with the following provisions. 3 If the article’s size or shape poses difficulties for affixing the hallmark, the Assay Office must seek further instructions from the Central Office.
2. Hallmark
a. Type
Art. 109
1 The appearance and size of the official hallmarks are specified in Number 1 of the Annex. 2 The Assay Offices’ distinctive symbols are specified in Number 3 of the Annex.
Art. 109 — Amended by No I of the O of 19 June 1995, in force since 1 Aug. 1995 (AS 1995 3113).
Art. 110–112
Repealed by No I of the O of 19 June 1995, with effect from 1 Aug. 1995 (AS 1995 3113).
b. Delivery of the official hallmark
Amended by No I of the O of 19 June 1995, in force since 1 Aug. 1995 (AS 1995 3113).
Art. 113
1 The official hallmarks shall be procured by the Central Office and delivered to the Assay Offices. The cantonal Assay Offices shall pay the cost price. 2 The original hallmarks and dies used to apply the hallmark shall be stored under lock and key by the Central Office. 3 The Central Office shall conduct a manufacturing check and verifies the hallmarks given to each Assay Office.
Para. 1 — Amended by No I of the O of 19 June 1995, in force since 1 Aug. 1995 (AS 1995 3113).
c. Storage of the hallmarks at the Assay Office an
Art. 114
1 The Assay Offices shall store the hallmarks in a safe place under lock and key. 2 Damaged hallmarks must be returned to the Central Office for destruction. The Central Office shall provide a replacement. Hallmarks that no longer produce a perfect imprint may be withdrawn.
Art. 114 — Amended by No I of the O of 19 June 1995, in force since 1 Aug. 1995 (AS 1995 3113).
d. Periodic inspection of the hallmarks at the Ass
Art. 115
1 The Central Office must arrange for an inventory and inspection of the Assay Offices’ hallmarks to be carried out periodically. The manner in which the hallmarks are stored and used shall also be inspected. 2 ...
Para. 2 — Repealed by No I of the O of 19 June 1995, with effect from 1 Aug. 1995 (AS 1995 3113).
Art. 116
Repealed by No I of the O of 19 June 1995, with effect from 1 Aug. 1995 (AS 1995 3113).
3. Application of the hallmarks onto objects
Art. 117
1 The Assay Office shall affix the official hallmark as close as possible to the fineness mark and the responsibility mark. 2 At least one official hallmark must be visible on the exterior of the stamped object. The Central Office may designate the position at which the official hallmark has to be applied. 3 If, for a watch-case, all marks are applied on the inside, at least a fineness mark must be visible on the exterior.
Art. 117 — Amended by No I of the O of 19 June 1995, in force since 1 Aug. 1995 (AS 1995 3113).
4. Agreement
Art. 117a
1 A written agreement may be made with the manufacturer whereby the latter may have the hallmark affixed at its place of business with its own infrastructure by itself or its own staff. 2 The hallmarking shall be carried out under the supervision of the Assay Office. 3 The Central Office shall issue directives on the general conditions for agreements.
Art. 117a — Inserted by Art. 21 of the O of 17 Aug. 2005 on Fees for Precious Metal Control (AS 2005 4317). Para. 3 — Inserted by Art. 17 of the O of 6 Nov. 2019 on Fees for Precious Metal Control, in force from 1 Jan. 2020 (AS 2019 3771).
VI. Procedure for returning the article
Art. 118
After hallmarking, the Assay Office shall return the article to the applicant in return for payment of the fees and expenses.
Art. 118 — Amended by No I of the O of 19 June 1995, in force since 1 Aug. 1995 (AS 1995 3113).
Art. 119–120
Repealed by No I of the O of 19 June 1995, with effect from 1 Aug. 1995 (AS 1995 3113).
VII. Renewal of hallmarks
1. When replacing individual parts of the hallmark
Art. 121
1 If individual parts of the article on which the Assay Office has applied its mark are subsequently to be replaced, an application must be made for a new controlling and hallmarking procedure. 2 The replaced pieces must be presented to the Assay Office for removal of the hallmark. 3 To renew the hallmark, the fee charged is half of the fee for a new stamp. If pieces are replaced as a result of a manufacturing error, and evidence to this effect exists, the hallmark shall be applied free of charge. 4 The Central Office shall regulate the hallmarking of unmachined parts of precious metal articles and multi-metal articles and the procedure for subsequent submission of additional parts or finished articles for official hallmarking.
Art. 121 — Amended by No I of the O of 19 June 1995, in force since 1 Aug. 1995 (AS 1995 3113).
2. Replacement of a damaged hallmark
Art. 122
1 If stamped hallmarks are removed or damaged in the finishing and polishing process, a new hallmark must be obtained from the same Assay Office that applied the original one. 2 If the new pieces to be hallmarked can be proven to correspond to those that were previously stamped, the new hallmark shall be applied without any further testing of the article. If this cannot be proven, the article shall be controlled once again. 3 The provisions of Article 84–120 apply correspondingly. 4 No fee shall be charged for a new hallmark if the article is not controlled.
VIII. Retention of documents
Art. 123
The Assay Office shall retain all documents concerning the official controlling and hallmarking for a period of five years. These shall be given the control number of the job in question.
Art. 123 — Amended by No I of the O of 19 June 1995, in force since 1 Aug. 1995 (AS 1995 3113).
Art. 124–125
Repealed by No I of the O of 19 June 1995, with effect from 1 Aug. 1995 (AS 1995 3113).
