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.
of 25 November 2015 (Status as of 16 July 2021)
The Swiss Federal Council,
based on Article 3 paragraph 2 letter d of the Electricity Act of 24 June 19021 (ELA),
in aplication of the Telecommunications Act of 30 April 19972 (TCA) and
the Federal Act of 6 October 19953 on Technical Barriers to Trade (TBTA),
ordains:
Chapter 1 General Provisions
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.
- equipmentmeans any apparatus or fixed installation;
- b.
- apparatusmeans:
- 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.
- electromagnetic disturbance means any electromagnetic phenomenon which may degrade the performance of equipment, such as electromagnetic noise, an unwanted signal or a change in the propagation medium itself;
- e.
- immunity means the ability of equipment to perform as intended without degradation in the presence of electromagnetic disturbance;
- f.
- offering means any conduct aimed at making apparatus available on the market, whether by exhibition on premises or at events, display in advertising brochures, catalogues, electronic media or in any other way;
- g.
- making available on the market means any supply of apparatus for distribution, consumption or use on the Swiss market, whether in return for payment or free of charge;
- h.
- placing on the market means the first time that an apparatus is made available on the Swiss market;
- i.
- putting into service means the initial installation and operation of equipment;
- j.
- installation means making equipment ready for operation;
- k.
- manufacturer means any natural person or legal entity that manufactures apparatus or has apparatus designed or manufactured, and markets that apparatus under its name or trademark;
- l.
- authorised representative means any natural person or legal entity established in Switzerland that has received a written mandate from a manufacturer to act on its behalf in relation to specified tasks;
- m.
- importer means any natural person or legal entity established in Switzerland that places apparatus from abroad on the Swiss market;
- n.
- distributor means any natural person or legal entity in the supply chain, with the exception of the manufacturer or the importer, that makes an apparatus available on the market;
- nbis.4
- fulfilment service provider means any natural person or legal entity that, in the course of a business activity, offers any two of the following services: warehousing, packaging, addressing and shipping of products, without being the owner of such products; not included are postal services under Article 2 letter a of the Postal Services Act of 17 December 20105 and any other services involving the movement of goods;
- o.6
- economic operator means any manufacturer, authorised representative, importer, distributor, fulfilment service provider or any other natural person or legal entity that is subject to obligations connected with manufacturing, making available on the market or installing products;
- obis.7
- information society service providermeans any natural person or legal entity that offers an information society service, i.e. any service normally provided for a consideration, at a distance, electronically and at the individual request of a recipient;
- p.
- conformity marking means a marking by which the manufacturer indicates that the apparatus is in conformity with the applicable requirements set out in the Swiss legislation providing for its affixing.
2 The import of an apparatus for the Swiss market is equivalent to placing on the market.
3 The offering of an apparatus is equivalent to making it available on the market.
4 The placing on the market of a second-hand imported apparatus is equivalent to the placing of a new apparatus on the market, unless an identical new apparatus has been placed on the Swiss market.
5 An importer or distributor is equivalent to a manufacturer if it:
- a.
- places an apparatus on the market under its own name or its own trademark; or
- b.
- modifies an apparatus already on the market so that conformity with this Ordinance may be compromised.
6 The repair of equipment is equivalent to use.
4 Inserted by No I of the O of 18 Nov. 2020, in force since 16 July 2021 (AS 2020 6137).
5 SR 783.0
6 Amended by No I of the O of 18 Nov. 2020, in force since 16 July 2021 (AS 2020 6137).
7 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 20158 on Telecommunications Installations9 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 exclusively by the competent federal authorities to carry out tasks in accordance with the Armed Forces Act of 3 February 199510, the Federal Act of 21 March 199711 on Measures to Safeguard Internal Security and the Federal Act of 3 October 200812 on Responsibilities in the Area of the Civilian Intelligence Service.
9 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).
10 SR 510.10
11 SR 120
12 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 Gazette13.
13 The standards may be viewed free of charge and obtained for a fee from the Swiss Association for Standardisation, Sulzerallee 70, 8404Winterthur; 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 14
1 Conformity assessment bodies that draw up reports or issue declarations must:15
- a.
- be accredited in accordance with the Accreditation and Designation Ordinance of 17 June 199616;
- 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).
14 Amended by No I of the O of 18 Nov. 2020, in force since 1 Jan. 2021 (AS 2020 6137).
15 Amended by No I of the O of 18 Nov. 2020, in force since 1 Jan. 2021 (AS 2020 6137).
16 SR 946.512
Chapter 2 Making New Apparatus available on the Market
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.17
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 of the technical standards in accordance with Article 5 that have been applied in full or in part, and, where standards have not been applied, descriptions of the solutions adopted to meet the essential requirements of this Ordinance, including a list of other relevant technical specifications applied. In the event of partly applied technical standards in accordance with Article 5, the technical documentation shall specify the parts which have been applied
- e.
- results of design calculations made, tests carried out, etc.;
- f.
- the test reports.
5 If the technical documentation is not provided in an official Swiss language or in English, OFCOM may require that all or some of the documents be translated into one of those languages.
17 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.18
18 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 apparatus. The address must indicate a single point at which the manufacturer can be contacted. The contact details must be in a language easily understood by end users.
5 If the manufacturer is not based in Switzerland, every apparatus must also bear the names, registered trade name or the registered trademark of the importer and the postal address at which it can be contacted. If this is impossible, this information must be provided on the packaging for the apparatus or in an accompanying document. The contact details must be in a language easily understood by end users.
6 If the manufacturer and its authorised representative are not based in Switzerland and the importer imports the apparatus for its own personal use, each apparatus must also must indicate the name, registered trade name or registered trademark of the fulfilment service provider and the postal address at which it may be contacted. If this is impossible, this information must be provided on the packaging or in a document accompanying the apparatus. The contact details must be in a language easily understood by end users.19
19 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 a Fixed Installation
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:20
- 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.
20 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 Operators
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.21
4 Where the apparatus presents a risk, the fulfilment service providers must also immediately notify OFCOM to that effect, giving details, in particular, of the non-compliance and of any corrective measures taken, unless the manufacturer or its authorised representative is based in Switzerland and the importer has imported the apparatus for its own personal use.22
21 Amended by No I of the O of 18 Nov. 2020, in force since 16 July 2021 (AS 2020 6137).
22 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.23
23 Amended by No I of the O of 18 Nov. 2020, in force since 16 July 2021 (AS 2020 6137).
Chapter 3 Fixed Installations
Art. 20
1 Fixed installations must be installed according to the recognised engineering practices and respecting the information on the intended use of their components with a view to meeting the essential requirements of this Ordinance.
2 The recognised engineering practices must be documented by the person who assembled the installation. This documentation shall be given to the owner of the fixed installation.
3 The owner must retain the documentation for as long as the installation is in operation. It shall make it available to OFCOM on request.
Chapter 4 Putting Equipment into Service and Using Equipment
Art. 21
1 Equipment that has been put into service must comply with this Ordinance. It must be properly installed and maintained and used for its intended purpose.
2 When putting equipment into service or using the same, the manufacturer’s instructions must be followed.
3 If a service provider puts equipment into service, it must comply with the recognised engineering practices.
4 When equipment is repaired, the essential requirements must be met.
Chapter 5 Exhibition and Demonstration of Equipment
Art. 22
1 Any person who exhibits or demonstrates equipment which does not meet the requirements for being made available on the market or being put into service must clearly indicate that the equipment in question does not comply with the regulations and may not be made available on the market or put into service.
2 Demonstrations may be carried out only if appropriate measures have been taken to prevent electromagnetic disturbance.
Chapter 6 Making Second-Hand Equipment available on the Market
Art. 23
1 Second-hand equipment may be made available on the market only if it meets the requirements in force at the time it was first made available on the market.
2 Second-hand equipment in which important components have been modified for its operation are subject to the same provisions as new equipment.
Chapter 7 Inspection
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 Customs Administration (FCA) to provide information on imports of apparatus for a specific period.
5 If the FCA 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.
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:24
- 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 apparatus available on the market that does not meet the essential requirements, or the owner of the fixed installation that does not meet these requirements shall be charged the same costs as would have applied if OFCOM had carried out the test itself. Paragraphs 2 and 3 do not apply.
24 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;
- c.
- the information that allow it to be identified, such as the manufacturer, brand and type;
- d.
- photographs of the apparatus and its packaging;
- e.
- the date of the decision on non-conformity.
- 5 It may participate in international databases for the exchange of information between market supervisory authorities and record therein the information referred to in paragraph 4.25
25 Inserted by No I of the O of 18 Nov. 2020, in force since 1 Jan. 2021 (AS 2020 6137).
Chapter 8 Disturbance
Art. 28
1 If requested to do so, OFCOM shall attempt to ascertain the cause of disturbance.
2 To ascertain the cause of disturbance, OFCOM shall have access to all equipment free of charge.
3 OFCOM decides on the measures to be taken to remedy the disturbance, and if applicable on the allocation of the costs of such measures.
Chapter 9 Fees
Art. 29
1 OFCOM shall charge fees for:
- a.
- the rulings that it issues in fulfilment of its inspection obligation if it is found that provisions this Ordinance have not been complied with;
- b.
- the costs incurred in ascertaining the cause of disturbance, which shall be paid by the operator of equipment causing or liable to disturbance if the disturbance is caused by the fact that the equipment:
- 1.
- does not correspond to the state of the art,
- 2.
- was not put into service in accordance with the manufacturer’s instructions or the recognised engineering practices; or
- 3.
- has been used in contravention of the restrictions on use (Art. 14 para. 1 let. b).
2 The fees are calculated on the basis of the time expended. The hourly rate amounts to 210 Swiss francs.
3 The fee charged for ascertaining the cause of disturbance is at least 175 francs. No charge is made for travelling time.
4 In addition, the General Fees Ordinance of 8 September 200426 applies.
26 SR 172.041.1
Chapter 10 Final Provisions
Art. 30 Repeal and amendment of existing legislation
1 The Ordinance of 18 November 200927 on Electromagnetic Compatibility is repealed.
2 and 3 ...28
27 [AS 2009 6243, 2014 4159]
28 The amendments may be consulted under AS 2016 119.
Art. 31 Commencement
This Ordinance comes into force on 20 April 2016.