Precious Metals Control Ordinance (PMCO)
Amended by Annex No 4 of the O of 31 Aug. 2022, in force since 1 Jan. 2023 (AS 2022 552).
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
I. Definition of commercial activity
Art. 164
1 The manufacture of melt products for the purpose of reselling or on behalf of third parties in return for payment is deemed commercial. 2 The manufacture of melt products for one’s own use is not deemed commercial. 3 The purchase of melt material is deemed to be on a commercial basis if performed as part of an independent economic activity pursued on a permanent, for-profit basis. It is irrelevant whether this is the main or secondary occupation. 4 The purchase of melt material is not deemed to be on a commercial basis if the total value of the goods traded as part of this activity is less than CHF 50,000 per calendar year.
Art. 164 — Amended by No I of the O of 19 June 1995, in force since 1 Aug. 1995 (AS 1995 3113). Para. 3 — Inserted by Annex No 4 of the O of 31 Aug. 2022, in force since 1 Jan. 2023 (AS 2022 552). Para. 4 — Inserted by Annex No 4 of the O of 31 Aug. 2022, in force since 1 Jan. 2023 (AS 2022 552).
II. Melter’s licence
1. Application
Art. 165
A melter’s licence must be applied for in writing from the Central Office.
Art. 165 — Amended by No I of the O of 26 May 2010, in force since 1 July 2010 (AS 2010 2219).
2. Personal requirement
Art. 165a
Good standing in accordance with Article 25 paragraphs 2 and 3 of the Act must be proven shall be proven by means of a standard private extract from the VOSTRA Register of Criminal Records Information System.
Art. 165a — Inserted by No I of the O of 26 May 2010, in force since 1 July 2010 (AS 2010 2219).
3. Supporting documents
Art. 165b
1 Individuals must enclose the following with their applications: a. an attestation of place of residence, issued by the communal authorities; b. an extract from their entry in the Swiss Commercial Register; c. a standard private extract from the VOSTRA Register of Criminal Records Information System; d. information on all pending or completed civil, criminal, administrative, supervisory, debt collection or bankruptcy proceedings in Switzerland and abroad, where such information could impinge on the good reputation and the guarantee of irreproachable business conduct; and e. an attestation from the relevant communal or cantonal authorities showing that the facilities and premises being used for precious metal melting comply with environmental and fire-prevention regulations. 2 Commercial enterprises and cooperatives as well as the Swiss branches of foreign companies must enclose the following with their applications: a. an extract from their entry in the Swiss Commercial Register; b. a
Art. 165b — Inserted by No I of the O of 26 May 2010, in force since 1 July 2010 (AS 2010 2219). Para. 1 let. d — Amended by Annex No 4 of the O of 31 Aug. 2022, in force since 1 Jan. 2023 (AS 2022 552). Para. 1 let. e — Inserted by Annex No 4 of the O of 31 Aug. 2022, in force since 1 Jan. 2023 (AS 2022 552). Para. 2 let. c — Amended by Annex No 4 of the O of 31 Aug. 2022, in force since 1 Jan. 2023 (AS 2022 552). Para. 2 let. d — Inserted by Annex No 4 of the O of 31 Aug. 2022, in force since
4. Decision on the application
Art. 165c
1 The Central Office shall ensure that the conditions for issuing a melter's licence are met. It may call on Assay Offices to conduct investigations in this respect. 2 If the conditions are met, the Central Office shall issue the melter's licence.
Art. 165c — Inserted by No I of the O of 26 May 2010, in force since 1 July 2010 (AS 2010 2219).
5. Renewal
Art. 166
For the renewal of the melter's licence, the Central Office may request the same supporting documents as for granting the licence.
Art. 166 — Amended by Annex No 4 of the O of 31 Aug. 2022, in force since 1 Jan. 2023 (AS 2022 552).
6. Withdrawal
Amended by Annex No 4 of the O of 31 Aug. 2022, in force since 1 Jan. 2023 (AS 2022 552).
Art. 166a
1 If any one of the requirements for issuing a melter's licence, as set out in Article 25 of the Act, is no longer met, or if the holder has repeatedly breached his obligations under Articles 168–168c, the Central Office shall withdraw the melter's licence. 2 The Assay Offices are obliged to immediately report any such facts to the Central Office, together with any documentary evidence they may have (certificates, witness statements, etc.). 3 The Central Office shall notify the holder of the melter's licence in writing of the reasons for withdrawal and fix a reasonable deadline for submitting a written formal response. 4 Once this has been received, it shall order the required inspection measures and make its decision, which it shall forward to the holder of the melter's licence in writing.
Art. 166a — Inserted by No I of the O of 26 May 2010, in force since 1 July 2010 (AS 2010 2219). Para. 3 — Amended by Annex No 4 of the O of 31 Aug. 2022, in force since 1 Jan. 2023 (AS 2022 552). Para. 4 — Amended by Annex No 4 of the O of 31 Aug. 2022, in force since 1 Jan. 2023 (AS 2022 552).
7. Publication
Art. 166b
In the notice of the granting or withdrawal of a melter's licence in the Swiss Official Gazette of Commerce, specific mention must be made of the name of the holder of the melter's licence and, in the case of commercial enterprises and cooperatives, details of the management bodies and business premises.
Art. 166b — Inserted by No I of the O of 26 May 2010 (AS 2010 2219). Amended by Annex No 4 of the O of 31 Aug. 2022, in force since 1 Jan. 2023 (AS 2022 552).
Art. 167
Repealed by No I of the O of 26 May 2010, with effect from 1 July 2010 (AS 2010 2219).
III. Compliance with the melter's licence
Amended by Annex No 4 of the O of 31 Aug. 2022, in force since 1 Jan. 2023 (AS 2022 552).
1. General obligations
Art. 168
1 In carrying out its business activities, the holder of a melter’s licence must strictly follow the provisions of the Act, the associated implementing provisions and the special directives of the Central Office and do all in its power to avoid anything that could encourage an offence by third parties. 2 The holder is obliged to refer to the fact that it holds a melter’s licence on company nameplates, letterheads, in newspaper advertisements and on the internet.
Art. 168 — Amended by No I of the O of 26 May 2010, in force since 1 July 2010 (AS 2010 2219).
2. Acceptance of melt material
Art. 168a
1 The holder of a melter’s licence is permitted to accept melt material only from persons who can prove their lawful acquisition. 2 The licence holder must verify the customer’s identity by means of valid documentation such as a passport or identity card. 3 If there is any doubt concerning the origin of the goods or if the offer originates from unknown parties, it is the duty of the holder of the melter’s licence to clarify in detail the origin of the melt material. 4 In relation to the requirement of the holder of a melter’s licence to report any offences against cantonal criminal laws that come to his attention, the provisions of the cantonal laws apply. Any offences against federal provisions that come to its attention must be reported to the Central Office or to the relevant Assay Office or the nearest customs office. In addition, the provisions of the Anti-Money Laundering Act of 10 October 1997 apply. 5 If there is any suspicion that the articles on offer have been unlawfully acq
Art. 168a — Inserted by No I of the O of 19 June 1995 (AS 1995 3113). Amended by No I of the O of 26 May 2010, in force since 1 July 2010 (AS 2010 2219). Para. 4 — SR 955.0
3. Organisational measures
Art. 168b
1 The holder of the melter's licence shall take the necessary organisational measures in its firm to prevent the melting of melt material of unlawful origin. It shall oversee the performance of controls and ensure the existence of appropriate internal supervision and appropriate staff training. 2 If, in application of Article 168a paragraph 3, there is an obligation to clarify the origin of the goods in more detail, the goods shall be stored in an unaltered state by the holder of the melter's licence until the case has been clarified. 3 The documents on business transactions in melt material and melt products must be stored for a period of ten years.
Art. 168b — Inserted by No I of the O of 26 May 2010, in force since 1 July 2010 (AS 2010 2219). Para. 1 — Amended by Annex No 4 of the O of 31 Aug. 2022, in force since 1 Jan. 2023 (AS 2022 552). Para. 2 — Amended by Annex No 4 of the O of 31 Aug. 2022, in force since 1 Jan. 2023 (AS 2022 552).
IV. Bookkeeping
Art. 168c
1 The holder of a melter’s licence must keep records of his purchases of melt material and melt products. 2 The bookkeeping must include at least the following details: a. the customer’s name and address; b. the proof of identification prescribed in Article 168a paragraph 2; c. the goods acceptance date; d. a precise description of the article, if necessary its composition, and its marking in the case of melt products; e. the weight at the time of acceptance; f. the weight after melting; g. completion of the transaction. 3 The provisions set out in Article 33 also apply in the case of trade assayers who hold a melter’s licence. 4 The above provisions do not affect the obligation to keep commercial accounts as stipulated in the Code of Obligations.
Art. 168c — Inserted by No I of the O of 26 May 2010, in force since 1 July 2010 (AS 2010 2219). Para. 4 — SR 220
V. Supervision
Art. 168d
1 The Central Office shall maintain a register of the holders of melter’s licences and periodically publish the content of this. 2 The Central Office shall oversee the operations of holders of melter’s licences. It may delegate this task to Assay Offices. 3 The supervisory bodies must be permitted to inspect the business documents, commercial accounts and goods storage.
Art. 168d — Inserted by No I of the O of 26 May 2010, in force since 1 July 2010 (AS 2010 2219).
VI. Melter’s mark
Amended by No I of the O of 26 May 2010, in force since 1 July 2010 (AS 2010 2219).
Art. 169
1 The melter’s mark comprises the holder’s name, in full or abbreviated form, framed and accompanied by the word “Melter”. If the melter also holds an assayer licence, he can apply for a combined assayer/melter’s mark. 2 For the application of the melter’s mark, the same provisions apply as for the application of a responsibility mark as set out in Section 4. The melter’s mark is valid for the same length of time as the melter’s licence. 3 The application to register a melter’s mark must be submitted at the same time as the application for the melter’s licence. The applicant may apply to register two or more melter’s marks.
Art. 169 — Amended by No I of the O of 19 June 1995, in force since 1 Aug. 1995 (AS 1995 3113). Para. 1 — Amended by Annex No 4 of the O of 31 Aug. 2022, in force since 1 Jan. 2023 (AS 2022 552).
Art. 170
Repealed by No I of the O of 19 June 1995, with effect from 1 Aug. 1995 (AS 1995 3113).
VII. Individual melter’s licence
1. Licence
Amended by No I of the O of 26 May 2010, in force since 1 July 2010 (AS 2010 2219).
Art. 171
1 Manufacturers who themselves melt down their manufacturing waste for sale must hold an individual melter’s licence. They may not perform melting for third parties. 2 Melt products destined for assaying or for sale which originate from holders of an individual melter’s licence must be stamped with the individual melter’s mark.
Art. 171 — Amended by No I of the O of 19 June 1995, in force since 1 Aug. 1995 (AS 1995 3113).
2. Individual melter’s mark
Amended by No I of the O of 26 May 2010, in force since 1 July 2010 (AS 2010 2219).
Art. 172
1 The individual melter’s mark may not contain the word «Melter». 2 The image of the individual melter’s mark may correspond to that of the responsibility mark. The mark image applied to the melt products must measure at least 5 mm on its shortest side. 3 For the registration of the individual melter’s mark, the same provisions apply as for the registration of a responsibility mark as set out in Section 4. 4 The individual melter’s mark is valid for a period of 20 years; for holders of a responsibility mark, its validity is limited for the same period as the corresponding responsibility mark.
Art. 172 — Amended by No I of the O of 19 June 1995, in force since 1 Aug. 1995 (AS 1995 3113).
VIII. Purchase licence
1. Registration or licence
Art. 172a
The application for registration or a licence for the commercial purchase of melt material must be submitted to the Central Office in writing.
Art. 172a — Inserted by Annex No 4 of the O of 31 Aug. 2022, in force since 1 Jan. 2023 (AS 2022 552).
2. Supporting documents
Art. 172b
1 Written proof of the guarantee of irreproachable business conduct in accordance with Article 31a paragraph 3 of the Act must be provided. 2 Individuals must enclose the following with their applications: a. an attestation of place of residence, issued by the local authorities in Switzerland or abroad; b. description of the business activity and the financial situation; c. an extract from the register of convictions, issued by the national authorities of the state of residence; d. information on all pending or completed civil, criminal, administrative, supervisory, debt collection or bankruptcy proceedings in Switzerland and abroad, where such information could impinge on the guarantee of irreproachable business conduct. 3 Foreign companies must enclose the following with their applications: a. an attestation of the location of the registered office; b. a description of the business activities, the financial situation and, if applicable, the group structure; c. an extract from the reg
Art. 172b — Inserted by Annex No 4 of the O of 31 Aug. 2022, in force since 1 Jan. 2023 (AS 2022 552).
3. Granting, renewal, withdrawal and publication
Art. 172c
With regard to the granting, renewal, withdrawal and publication of the purchase licence, Articles 165c, 166, 166a and 166b apply by analogy.
Art. 172c — Inserted by Annex No 4 of the O of 31 Aug. 2022, in force since 1 Jan. 2023 (AS 2022 552).
IX. Obligations with regard to the commercial purc
1. General obligations
Art. 172d
For registered purchasers and holders of a purchase licence, Article 168 applies by analogy.
Art. 172d — Inserted by Annex No 4 of the O of 31 Aug. 2022, in force since 1 Jan. 2023 (AS 2022 552).
2. Duty of due diligence and documentation
Art. 172e
1 With regard to the acceptance of melt material by both registered purchasers and holders of a purchase licence, Articles 168a and 168b apply by analogy. 2 The purchases shall be appropriately documented. At least the following information must be recorded: a. customer's name and address; b. the goods acceptance date; c. a precise description of the goods and, if known, their composition; d. the weight of the goods; e. the purchase price; f. the customer's signature.
Art. 172e — Inserted by Annex No 4 of the O of 31 Aug. 2022, in force since 1 Jan. 2023 (AS 2022 552).
X. Supervision
Art. 172f
As regards supervision by the Central Office, Article 168d applies by analogy.
Art. 172f — Inserted by Annex No 4 of the O of 31 Aug. 2022, in force since 1 Jan. 2023 (AS 2022 552).
XI. Determination of the fineness of melt products
Amended by No I of the O of 26 May 2010, in force since 1 July 2010 (AS 2010 2219).
1. Requirement
Art. 173
1 Melt products destined for resale must be tested for their fineness and, as proof thereof, bear the stamp of an Assay Office (Number 4 of the Annex) or a sworn trade assayer. 2 The holder of the melter's licence may apply the fineness mark himself only if he also holds an assayer licence.
Para. 1 — Amended by No I of the O of 19 June 1995, in force since 1 Aug. 1995 (AS 1995 3113). Para. 2 — Amended by Annex No 4 of the O of 31 Aug. 2022, in force since 1 Jan. 2023 (AS 2022 552).
2 Means of testing
Art. 174
1 The purpose of such testing is to determine the actual fineness of the melt product (Art. 32 para. 2 of the Act). 2 For the manner in which the test is conducted, Articles 91, 93 and 95 apply correspondingly. 3 The fineness determined must be stated in parts per thousand and fractions thereof. 4 The fineness determined is stamped on each tested piece provided that the dimensions of the piece permit this. The mark of the Assay Office or of the trade assayer must also be applied.
Para. 1 — Amended by No I of the O of 26 May 2010, in force since 1 July 2010 (AS 2010 2219). Para. 2 — Amended by No I of the O of 19 June 1995, in force since 1 Aug. 1995 (AS 1995 3113).
3. Test method
a. Test of origin
Art. 175
1 When melt products are submitted to an Assay Office or a trade assayer for testing, the articles must be immediately recorded in the business control or accounting system. The person submitting the article is given a receipt. 2 The assayer checks whether the melt products are marked as set out in Articles 169 and 171. If this is not the case, or if there is any reason to assume that the melt product has been acquired unlawfully, the test is postponed. The case must be reported to the Central Office together with a report and any more specific details. The Central Office shall conduct the necessary investigations and instigates criminal proceedings (Art. 181) if necessary. 3 If there is any suspicion that the articles submitted for testing have been unlawfully acquired, the relevant police authorities must be informed immediately and further instructions obtained.
Art. 175 — Amended by No I of the O of 19 June 1995, in force since 1 Aug. 1995 (AS 1995 3113).
b. Determination of the fineness and return
Art. 176
1 If the origin of the article does not raise any objection, or if, after examination, the Central Office declares an objection to be unfounded, the determination of the fineness shall be carried out. 2 The assaying and stamping shall be carried out in accordance with Article 174. 3 ...
Para. 3 — Repealed by No I of the O of 19 June 1995, with effect from 1 Aug. 1995 (AS 1995 3113).
c. Second opinion
Art. 177
1 If the owner of the melt product does not agree with the stamped fineness mark, he may request a second opinion from the Central Office. 2 The second-opinion test is carried out in accordance with Articles 100 and 101. 3 If the second opinion reveals that the fineness mark stamped on the melt material is incorrect, the Central Office shall return the article to the office that conducted the original determination of the fineness with an order to make the corresponding change. 4 If the determination of the fineness turns out to be correct, the person submitting the article shall be informed and receive the article against payment of the relevant fees. 5 If the fineness mark has to be corrected, the office that applied it bears the costs of the second opinion.
Art. 177 — Amended by No I of the O of 19 June 1995, in force since 1 Aug. 1995 (AS 1995 3113).
4. Recognition of foreign determinations of the fi
Art. 178
1 Determinations of the fineness made abroad on melt products are only recognised in Switzerland if they have been made by recognised assayer/melters or if the melt products constitute banking precious metals. 2 Banking precious metals are: a. ingots and granules of gold with a minimum fineness of 995 parts per thousand; b. ingots and granules of silver with a minimum fineness of 999 parts per thousand; c. ingots and sponges of platinum or palladium with a minimum fineness of 999.5 parts per thousand. 3 Ingots must comply with standard practice on the international precious metal market in terms of shape, size, weight and marks. They must have at least a fineness mark and the stamp of a recognised assayer/melter. 4 Gold and silver granules and platinum and palladium sponges require packaging that is sealed by a recognised assayer/melter. 5 The Central Office shall publish the list of recognised foreign assayer/melters.
Art. 178 — Amended by No I of the O of 26 May 2010, in force since 1 July 2010 (AS 2010 2219).
