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Art. 51 Obligations
1 Where the manufacturer of a device is not domiciled in Switzerland, the device may only be placed on the market if the manufacturer designates an authorised representative domiciled in Switzerland by means of a written mandate. 2 The authorised representative is responsible for the formal and safety-related aspects of placing the device on the market. 3 The authorised representative’s rights and obligations and the scope of its mandate are governed by Article 11 EU-MDR88. 3bis The manufacturer and authorised representative may contractually agree that instead of the authorised representative keeping available a copy of the technical documentation, the manufacturer shall, on request, submit the documentation straight to Swissmedic. The authorised representative must ensure that the documentation is submitted within seven days.89 4 Changes in authorised representative are governed by Article 12 EU-MDR. 5 Paragraphs 1–4 also apply mutatis mutandis to natural or legal persons who assemble systems and procedure packs in accordance with Article 22 paragraphs 1 and 3 EU-MDR and who are not domiciled in Switzerland.90 88 See the footnote to Art. 4 para. 1 let. f. 89 Inserted by No I of the O of 19 May 2021, in force since 26 May 2021 (AS 2021 281). 90 Inserted by No I of the O of 19 May 2021, in force since 26 May 2021 (AS 2021 281). |