English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force. Ordinance on Telecommunications Installations (FAV) of 25 November 2015 (Status as of 1 September 2017) The Swiss Federal Council, on the basis of Articles 21a paragraph 2, 31 paragraph 1, 32, 32a, 33 paragraph 2, 34 paragraph 1ter, 59 paragraph 3, 62 and 64 paragraph 2 of the Telecommunications Act of 30 April 19971 (TCA), and in implementation of the Federal Act of 6 October 19952 on Technical Barriers to Trade (TBTA), ordains: Chapter 1 General Provisions
(FAV)

Radio equipment may be made available on the market only if, when properly installed and maintained and used for its intended purpose, it complies with the essential requirements set out in this Ordinance.

In derogation from paragraph 1, making radio equipment that is intended to be operated by authorities to safeguard public security available on the market is governed by Articles²⁶ and 27, unless other equipment that complies with the other regulations of this Ordinance and fulfils the same purpose is available on the market.

Radio equipment must be constructed so as to ensure:

The standards maybe inspected at or obtained for a fee from the Swiss Association for Standardization, Bürglistrasse 29, 8400 Winterthur, www.snv.ch, or the Swiss Telecommunications Association, ASUT, Klösterlistutz 8, 3013 Bern.

This list may be inspected at or obtained for a fee from the Federal Office of Communication, Zukunftstrasse 44, PO Box, 2501 Biel or at the internet address www.bakom.ch.

Radio equipment shall be constructed so that it both effectively uses and supports the efficient use of radio spectrum in order to avoid harmful interference.

OFCOM shall indicate the additional essential requirements that apply, and the relevant radio equipment or equipment classes taking account of the corresponding delegated legislation of the European Commission. The additional requirements are as follows:

1. the equipment must interwork with certain accessories, in particular with common chargers;

2. the equipment must interwork via networks with other radio equipment;

3. the equipment can be connected to interfaces of the appropriate type throughout Switzerland;

4. the equipment must not harm the network or its functioning nor misuse network resources, thereby causing an unacceptable degradation of service;

5. the equipment must incorporate safeguards to ensure that the personal data and privacy of the user and of the subscriber are protected;

6. the equipment must support certain features ensuring protection from fraud;

7. the equipment must support certain features ensuring access to emergency services;

8. the equipment must support certain features in order to facilitate its use by users with a disability;

9. the equipment must support certain features in order to ensure that software can only be loaded into the radio equipment where the compliance of the combination of the radio equipment and software has been demonstrated.

Radio equipment manufactured in accordance with the technical standards referred to in Article 31 paragraph 2 letter a TCA is presumed to meet the essential requirements with regard to those aspects governed by that provision.

If a designated technical provision is modified, OFCOM shall give notice of the point in time from which the presumption referred to in paragraph 1 of the conformity of radio equipment with the previous version ceases to apply.

Manufacturers of radio equipment and of software allowing radio equipment to be used as intended shall provide OFCOM with information on the compliance of intended combinations of radio equipment and software with the essential requirements set out in this Ordinance.

Such information shall result from a conformity assessment carried out in accordance with Articles¹² and¹³ and shall be continuously updated.

OFCOM shall determine taking international practice into account the categories or classes of radio equipment that are subject to the requirements of paragraph 1, and shall issue the required administrative regulations.

The manufacturer shall perform a conformity assessment of the radio equipment with a view to meeting the essential requirements set out in this Ordinance. The conformity assessment shall take account of all intended operating conditions and, for the essential requirement set out in Article 7 paragraph 1 letter a, the assessment shall also take account of the reasonably foreseeable conditions. Where the radio equipment is capable of taking different configurations, the conformity assessment shall confirm whether the radio equipment meets the essential requirements set out in Article 3 in all possible configurations.

Where the radio equipment is capable of taking different configurations, the conformity assessment shall confirm whether the radio equipment meets the essential requirements set out in this Ordinance in all possible configurations.

Manufacturers must demonstrate the compliance of radio equipment with the essential requirements set out in Article 7 paragraph 1 by using any of the following conformity assessment procedures:

1. an internal production control (Annex 2);

2. a type examination that is followed by the conformity to type based on internal production control (Annex 3);

3. conformity based on full quality assurance (Annex 4).

Where, in assessing the compliance of radio equipment with the essential requirements set out in Article 7 paragraphs² and 3, the manufacturer has applied the

In force from 12 June 2018 (see Art. 45 para. 2).

Where, in assessing the compliance of radio equipment with the essential requirements set out in Article 7 paragraphs² and 3, the manufacturer has not applied or has applied only in part the standards determined by OFCOM, or where such standards do not exist, the radio equipment shall be submitted with regard to those essential requirements to any one of the procedures set out in paragraph 1 letter b (Annex 3) or letter c (Annex 4).

The manufacturer shall establish the technical documentation before placing the radio equipment on the market and shall keep it continuously updated. The technical documentation must:

1. make it possible to assess the radio equipment's conformity with the applicable requirements of this Ordinance;

2. demonstrate the conformity the radio equipment with the aforementioned requirements.

The documentation shall list the applicable requirements and cover, as far as relevant for the assessment, the design, manufacture and the operation of the radio equipment.

Where the manufacturer applies the procedure under Article 13 paragraph 1 letter b, the technical documentation must include an adequate analysis and assessment of the risks.

The technical documentation must, wherever applicable, contain at least the following elements:

1. a general description of the radio equipment comprising: 1. photographs or illustrations showing external features, markings and internal layout, 2. versions of software or firmware affecting compliance with essential requirements, 3. user information and installation instructions;

2. conceptual design and manufacturing drawings and schemes of components, sub-assemblies, circuits and other relevant similar elements;

3. descriptions and explanations necessary for the understanding of those drawings and schemes and the operation of the radio equipment;

4. a list of the technical standards in accordance with Article 31 paragraph 2 letter a TCA applied in full or in part, and, where those standards have not been applied, descriptions of the solutions adopted to meet the essential requirements set out in this Ordinance, including a list of other relevant technical specifications applied. In the event of partly applied standards in accordance with Article 31 paragraph 2 letter a TCA, the technical documentation shall specify the parts which have been applied;

5. a copy the declaration of conformity in accordance with Annex 5;

6. where the conformity assessment module in Annex 3 has been applied, a copy of the type examination certificate and its annexes as delivered by the conformity assessment body concerned;

7. results of design calculations made, examinations carried out, and other relevant similar elements;

8. the test reports;

9. an explanation of the compliance with the requirement of Article 9 and of the inclusion or not of information on the packaging in accordance with Article 19.

Where the technical documentation is not formulated in an official Swiss language or in English, OFCOM may require a full or partial translation into one of those languages.

Any radio equipment that is made available on the market must at the manufacturer’s option carry a declaration of conformity with the essential requirements in its full form in accordance with Annex 5 or in its simplified form in accordance with Annex 6.

The declaration of conformity must be issued by the manufacturer or by its authorised representative in accordance with the templates in Annex 5 and⁶. It confirms that compliance with the essential requirements has been demonstrated, and shall be continuously updated.

The declaration of conformity must be formulated in one of the official Swiss languages or in English or translated into one of those languages.

Where the radio equipment is subject to more than one set of regulations that requires a declaration of conformity, only one declaration need be issued. A file containing two or more individual declarations is equivalent to a single declaration.

The manufacturer, its authorised representative, or, if neither is established in Switzerland, the importer must be able to present a copy of the declaration of conformity and the technical documentation for¹⁰ years after the radio equipment has been placed on the market.

Where a series of radio equipment is placed on the market, this period begins on the date when the last equipment in the series concerned was placed on the market.

The testing laboratories and conformity assessment bodies that draw up reports or issue certificates must:

1. be accredited under the Accreditation and Designation Ordinance of 17 June 1996⁹ (AccDO);

2. be recognised in Switzerland by virtue of an international agreement; or

3. be otherwise authorised under Swiss law.

Any person acting on the basis of documents issued by a body other than those referred to in paragraph 1 must credibly show that the test or assessment procedure and the qualifications of that body fulfil the Swiss requirements (Art.¹⁸ para. 2 TBTA).

In addition to their obligations set out in the AccDO, the conformity assessment bodies must:

1. participate in the regulatory activities in the area of radio equipment and frequency planning;

2. fulfil their duties to provide information set out in Annexes 3 and 4.

OFCOM shall issue the required administrative regulations on the obligations referred to in paragraph 3 letter a taking international practice into account.

All radio equipment must bear the conformity marking in accordance with Annex

number¹ or the foreign conformity marking in accordance with Annex 1 number 2.

The conformity marking must be affixed visibly, legibly and indelibly to the radio equipment or to its data plate, unless that is not possible or not warranted on account of the nature of radio equipment. The CE marking shall also be affixed visibly and legibly to the packaging.

All radio equipment must if applicable bear the identification number of the conformity assessment body. This number must be of the same height as the conformity marking.

All radio equipment must bear a type, batch or serial number or other element allowing its identification. Where the size or nature of the radio equipment makes this impossible, the required information must be provided on the packaging, or in a document accompanying the radio equipment.

All radio equipment must bear the name, registered trade name or registered trademark of the manufacturer and the postal address at which it can be contacted. Where this is not possible, this information must be provided on its packaging, or in a document accompanying the radio equipment. 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.

If the manufacturer is not based in Switzerland, the radio equipment 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. Where this is not possible, this information must be provided on its packaging, or in a document accompanying the radio equipment. The contact details must be in a language easily understood by endusers.

OFCOM shall issue the required administrative regulations.

All radio equipment must be accompanied by instructions and safety information. Instructions shall include the information required to use radio equipment in accordance with its intended use. Such information shall include, where applicable, a description of accessories and components, including software, which allow the radio equipment to operate as intended.

The following information shall also be included in the case of radio transmitters:

1. the frequency bands in which the radio equipment operates;

2. the maximum radio-frequency power transmitted in the frequency bands in which the radio equipment operates;

3. if applicable, the operational restrictions, and in particular any obligation to obtain an operating licence.

The information referred to in paragraph 2 letter c must also be affixed to the packaging.

Any offer of radio equipment for which no physical specimen is available, in particular offers on the internet or in brochures, must make clear reference to any restrictions on operation that apply to the equipment.

The information must be formulated in the official language of the point of sale in a manner that is easy for users to understand. In bilingual locations it must be formulated in both official languages.

OFCOM shall issue the required administrative regulations taking international practice into account.

Economic operators shall, on request, identify the following to OFCOM:

1. any economic operator which has supplied them with radio equipment;

2. any economic operator to which they have supplied radio equipment.

Economic operators must be able to produce the information referred to in the first paragraph for¹⁰ years from the time of being supplied with or supplying the radio equipment.

When deemed appropriate with regard to the risks presented by radio equipment, manufacturers and importers shall, to protect the health and safety of end-users, carry out sample testing of radio equipment made available on the market, investigate, and, if necessary, keep a register of complaints of non-conforming radio equipment and radio equipment recalls, and shall keep distributors informed of any such monitoring.

Manufacturers and importers that consider or have reason to believe that radio equipment which they have placed on the market is not in conformity with this Ordinance shall immediately take the corrective measures necessary to bring that radio equipment into conformity, to withdraw it or recall it, if appropriate.

Distributors that consider or have reason to believe that radio equipment which they have made available on the market is not in conformity with this Ordinance shall make sure that the corrective measures necessary to bring that radio equipment into conformity, to withdraw it or recall it, if appropriate, are taken.

Furthermore, where the radio equipment presents a risk, the manufacturers, importers and distributors shall immediately inform OFCOM, giving details, in particular, of the non-compliance, of any corrective measures taken.

Economic operators shall, further to a reasoned request from OFCOM, provide it with all the information and documentation necessary to demonstrate the conformity of the radio equipment with this Ordinance.

The information and documents must be provided in paper or electronic form and in a language that OFCOM can easily understand.

The economic operators shall cooperate with OFCOM, at its request, on any action taken to eliminate the risks posed by radio equipment which they have placed on the market. This obligation also applies to the authorised representative for the radio equipment covered by the mandate.

The following are exempted from the provisions in Chapter 2:

1. radio equipment that is installed and operated solely for military, civil defence or other purposes involving exceptional situations, in so far as it is not installed and operated in a common radio network with other bodies;

2. radio equipment that is installed and operated solely for technical tests by virtue of a radiocommunications licence granted for that purpose;

3. radio equipment that is installed and operated on frequencies of over 3000 GHz;

4. radio equipment for radio amateurs that is not made available on the market;

5. kits (Art.² para. 5) to be assembled by radio amateurs, regardless of whether they are made available on the market or not;

6. radio equipment made available on the market for radio amateurs which has been modified by an authorised radio amateur for his or her own use in accordance with Article 33 paragraph 4 or 5 of the Ordinance of 9 March 2007¹¹ on Frequency Management and Radio Licences;

7. radio equipment installed temporarily and operated by persons with foreign domicile or registered office for a period of no more than three months:

Radio equipment falling within the scope of Chapter 3 of this Ordinance is subject to the LVEO¹² and the OEMC¹³ in relation to the requirements for making it available on the market. Articles 36–40 of this Ordinance are reserved.

The radio equipment referred to in paragraph 1 letters b and g may not be made available on the market.

Subject to Article 6 paragraph 2, radio equipment that is intended to be operated by the authorities in order to safeguard public security may only be made available on the market if it has been authorised by OFCOM. The authorisation from OFCOM applies to any similar equipment.

The equipment referred to in paragraph 1 must meet the essential requirements of

The equipment referred to in paragraph 1 must also meet certain requirements in relation to the use of frequencies in accordance with Article 7 paragraphs² and 9 and electromagnetic compatibility in accordance with Article 7 paragraph 1 letter b.

Authorised equipment must be marked in accordance with Article 18 paragraph 4 and bear the authorisation number issued by OFCOM. The required information on intended use must be enclosed.

OFCOM shall issue the required technical and administrative regulations.

Any person wishing to make radio equipment in accordance with Article 26 paragraph available on the market must first obtain authorisation from OFCOM. OFCOM may make authorisation subject to terms and conditions. It shall issue the required administrative regulations.

In the event of any failure to comply with the terms and conditions of authorisation, OFCOM may revoke the authorisation without compensation.

OFCOM shall provide the authorities under paragraph 4 with a list of persons who have received authorisation, and a list of equipment authorised in accordance with

The radio equipment referred to in Article 26 paragraph 1 may only be offered or made available on the market to the police, the prosecution or prison and probation authorities and the Federal Intelligence Service.14

Any person exhibiting radio equipment that does not fulfil the conditions required for making it available on the market must clearly indicate that the equipment is not in conformity with the regulations and that it may not be made available on the market or put into service.

Any person who wishes to install and operate for demonstration purposes radio equipment that does not meet the requirements for being made available on the market must obtain the required licence (Art. 38 RadLO¹⁶.

Articles 22 LVEO¹⁷ and 22 OEMC¹⁸ are reserved.

Line-connected telecommunications installations may only be made available on the market if they comply with the applicable provisions the LVEO¹⁹ and the OEMC²⁰ in relation to being made available on the market.

Amended by Annex 4 No II¹² of the Intelligence Service Ordinance of 16 Aug. 2017, in force since 1 Sept. 2017 (AS 2017 4151).

The following line-connected telecommunications terminal equipment is exempted from paragraph 1, but may only be put into service and operated if it does not present a risk to persons or property and does not cause harmful interference to telecommunications and radio broadcasting:

1. equipment that is put into service and operated for a maximum of¹⁸ months exclusively for technical tests;

2. equipment that is put into service and operated exclusively by institutional beneficiaries who enjoy privileges, immunities and facilities under Article 2 paragraph 1 letters a, b, d–f, i, k and l of the Host State Act of 22 June 2007²¹ within their building or parts of their building or on directly adjacent land.

Any person wishing to install and operate, for demonstration purposes, lineconnected telecommunications terminal equipment which does not fulfil the conditions required for making it available on the market by connecting it to a telecommunication services provider’s network must obtain the latter’s consent.

Articles 22 LVEO²² and 22 OEMC²³ are reserved.

Radio equipment that is covered by this Ordinance and put into service must comply with this Ordinance.

Line-connected telecommunications installations must comply with the applicable provisions of the OEMC²⁴ in relation to the conditions for putting them into service.

Telecommunications installations must be installed and maintained in the proper manner and operated as intended.

When putting telecommunications installations into service and operating the same, the manufacturer’s instructions must be respected.

If a service provider puts a telecommunications installation into service, it must respect the recognised technical regulations.

When repairing a telecommunications installation, the essential requirements and the requirements for the use of the frequency spectrum must be met.

In order to prevent interference and disturbance, OFCOM may issue technical and administrative regulations on putting into service, installing and operating lineconnected telecommunications installations that use the power supply network including domestic installations for transmitting data (powerline communication, PLC).

The putting into service of PLC equipment for transmitting data as part of telecommunications services and private networks that include two or more nonadjacent buildings must be reported to OFCOM in advance.

OFCOM may make the operation of PLC equipment in problematic cases, such as the use of overhead powerlines, subject to prior approval.

Second-hand telecommunications installations may be made available on the market only if they meet the requirements in force at the time they were first made available on the market and the applicable technical standards or regulations have not been substantially modified. Article 35 applies by analogy.

A second-hand telecommunications installation in which components which are important for its function have been modified shall be subject to the same provisions as a new installation.

Any person who makes second-hand radio equipment available on the market, must provide the purchaser with information on any restrictions on use that applied to the equipment at the time of its purchase.

Article 19 paragraph 4 applies by analogy.

OFCOM shall check whether telecommunications installations that are made available on the market, put into service, installed or operated comply with the provisions of this Ordinance and with its own regulations (Art.³³ para. 1 TCA). The executive authority in terms of the LVEO²⁵ is responsible for the inspection of health and safety aspects (Art.⁷ para.¹ let. a).

For this purpose, it shall carry out sample tests. It shall carry out an inspection if it has reason to believe that a telecommunications installation is not in conformity with the provisions of this Ordinance and the OFCOM regulations. It is also authorised to inspect telecommunications installations after a licence application has been filed

It may ask the Federal Customs Administration (FCA) to provide information on imports of telecommunications installations over a specific period.

If the FCA encounters telecommunications installations in the course of its normal activities that it suspects, on the basis of a checklist from OFCOM, do not comply with this Ordinance, it shall obtain a sample and send it immediately to OFCOM.

The Ordinance of 2 May 1990²⁶ on the Protection of Military Installations remains reserved as regards military telecommunications installations.

OFCOM shall be authorised to demand from economic operators any necessary documents and information which may prove that telecommunications installations comply with the provisions of this Ordinance and its regulations, to demand the delivery, without charge, of the necessary telecommunications installations in order to test them or have them tested by a laboratory mentioned in Article 17.

During the inspections, the user must provide the following:

1. the documents for the telecommunications installation that are in its possession; and

2. the information required to identify the person responsible for making the telecommunications installation available on the market.

OFCOM shall arrange for a body under Article 17 to test a telecommunications installation if:

1. the tests carried out by OFCOM suggest that the installation does not meet the requirements of Articles⁷ and⁹; and

2. the request is made by the person responsible for making the installation available on the market.

Before it arranges for an installation to be tested by a body under Article 17, it shall consult the person responsible for making it available on the market, in particular in relation to the chosen body, the extent of the tests and their estimated costs.

The costs of the tests by the body shall be paid by the person responsible for making the installation available on the market if the tests show that the installation does not meet the requirements.

OFCOM may arrange for the tests to be carried out by a body if it is unable to carry out the tests itself. In this case, the person responsible for making an installation 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. Paragraphs² and 3 do not apply.

If the inspection shows that regulations in this Ordinance or OFCOM’s regulations are being violated, after hearing the person responsible for placing the telecommunications installation on the market or for its operation, OFCOM shall order measures provided for in Article 33 paragraph 3 TCA. It may publish notice of the measures or make such notice accessible online.

If the technical documentation does not present sufficient relevant information or references to ensure compliance of the telecommunications installations with the essential requirements set out in this Ordinance, and if the requirements of Article

are therefore not met, OFCOM may request the manufacturer or the importer to have a test performed by a body acceptable to OFCOM at the expense of the manufacturer or the importer within a specified period in order to verify compliance with the essential requirements set out in this Ordinance.

Article 19 paragraph 7 TBTA applies.

OFCOM may inform the public of the technical non-conformity of a telecommunications installation, in particular where it is not possible to identify every person responsible for its placing on the market or when such persons are too numerous. For this purpose it may publish the following information in particular on the Internet or in another form:

1. the measures taken;

2. how to use the telecommunications installation as intended;

3. the information that enable it to be identified, such as the manufacturer, trademark and type;

4. photographs of the telecommunications installation and its packaging;

5. the date of the ruling on non-conformity.

OFCOM may at any time have access to telecommunications installations which interfere with telecommunications or broadcasting and take the measures provided for in Article 34 TCA.

In addition, Articles²² and²³ apply by analogy.

OFCOM shall implement this Ordinance.

It is authorised to conclude international agreements pertaining to technical and administrative matters relating to this Ordinance.

and 2 …28

Radio receivers and radio equipment for radio amateurs that was not subject to a conformity assessment procedure or placed on the market before 1 May 2001 may continue to be installed and operated unless it is required to undergo a conformity assessment procedure. However, such equipment may not be made available on the market without undergoing a conformity assessment procedure.

Until 12 June 2017, radio equipment that does not comply with this Ordinance may still be placed on the market if:

1. it complies with the Ordinance of 14 June 200229 on Telecommunications Installations; or

2. it was exempted from a conformity assessment in accordance with Article 16 letter gbis–hbis of the Ordinance of 14 June 2002 on Telecommunications Installations and: 1. it complied with the Ordinance of 9 April 199730 on Low Voltage Electrical Equipment and the Ordinance of 18 November 200931 on Electromagnetic Compatibility, or

[AS 2002 2086, 2003 4771, 2005 677, 2007 995 7085 No II, 2008 1903, 2009 5837 6243 Annex 3 No II⁷, 2012 6561, 2014 4169, 2016 119 Art. 30 para.² let. e]

The amendments may be consulted under AS 2016 179.

[AS 2002 2086, 2003 4771, 2005 677, 2007 995 7085 No II, 2008 1903, 2009 5837 6243 Annex 3 No II⁷, 2012 6561, 2014 4169, 2016 119 Art. 30 para.² let. e] 2. it complies with the Ordinance of 25 November 2015³² on Low Voltage Electrical Equipment and the Ordinance of 25 November 2015³³ on Electromagnetic Compatibility.

This Ordinance, subject to paragraph 2 below, comes into force on 13 June 2016.

Article 11 comes into force on 12 June 2018.

[AS 1997 1016, 2000 734 Art. 19 No 2 762 No I 3, 2007 4477 No IV²³, 2009 6243 Annex 3 No II 4, 2010 2583 Annex 4 No II 1 2749 No I¹, 2013 3509 Annex No². AS 2016 105 Art. 29]

[AS 2009 6243, 2014 4159. AS 2016 119 Art. 30 para. 1] Annex 1 (Art.¹⁸ para. 1) Conformity marking Swiss conformity marking The Swiss conformity marking comprises the two Latin capital letters “C” and “H” together as “CH”. The letters must be appear within an elliptical shape; the main axis of the ellipse is horizontal. Minimum dimensions: Height of the ellipse 7.2 mm Width of the ellipse 11 mm Height of the letters 5 mm Width of the letters 2.5 mm Diameter of the line 0.6 mm In the case of any reduction in size or enlargement of the conformity marking, these proportions must be retained.

Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealed Regulation (EEC) No 339/93 of the Council, version in accordance with OJ L 218, of¹³.08.2008, p. 30.

The internal production control is the conformity assessment procedure by which the manufacturer fulfils the obligations in points², 3 and 4 of this Annex and ensures and declares on its own sole responsibility that the radio equipment concerned satisfies the requirements of this Ordinance that apply to it.

Technical documentation The manufacturer shall draw up the technical documentation in accordance with Article 14.

Manufacture 3.1 The manufacturer shall take all measures necessary so that the manufacturing process and its monitoring ensure the compliance of the manufactured radio equipment with the technical documentation referred to in point² of this Annex and with the essential requirements set out in this agreement. 3.2 The manufacturer shall take appropriate account of any changes in the design or characteristics of the radio equipment and changes in the harmonised standards or in other technical specifications by reference to which conformity of radio equipment is declared.

Conformity marking and declaration of conformity 4.1 The manufacturer shall affix the conformity marking referred to in Article

to each individual item of radio equipment that satisfies the requirements applicable under this Ordinance. 4.2 The manufacturer shall issue a written declaration of conformity in accordance with Annex 5 for each radio equipment model.

Authorised representative 5.1 The manufacturer’s obligations mentioned in point 4 may be fulfilled by its authorised representative on the manufacturer’s behalf and under its responsibility provided such obligations are specified in a mandate. 5.2 The design and manufacture of radio equipment and drawing up the technical documentation may not be delegated to the authorised representative.

The type examination is the part of the conformity assessment procedure in which a conformity assessment body examines the technical design of the radio equipment and certifies that it satisfies the essential requirements of this Ordinance.

A type examination is carried out by assessing the adequacy of the technical design of the radio equipment through examination of the technical documentation referred to in point 3, without examination of a specimen (design type).

Request for a type examination The request for a type examination must be submitted by the manufacturer to a single conformity assessment body of its choice. The request includes:

1. the name and address of the manufacturer and, if the request is submitted by the authorised representative, the agent’s name and address as well;

2. a written declaration that same request has not been submitted to any other conformity assessment body;

3. the technical documentation referred to in Article 14;

4. the supporting evidence for the adequacy of the technical design solution. This supporting evidence shall mention any documents that have been used, in particular where the relevant technical standards of OFCOM (Art. 31 para.² let. a TCA) have not been applied or have not been fully applied. The additional supporting evidence shall include, where necessary, the results of tests carried out in accordance with other relevant technical specifications by the appropriate laboratory of the manufacturer, or by another testing laboratory on its behalf and under its responsibility.

The conformity assessment body shall examine the technical documentation and additional supporting evidence to assess the adequacy of the technical design of the radio equipment.

The conformity assessment body shall draw up an evaluation report that records the activities undertaken in accordance with point 4 and their outcomes. Without prejudice to its obligations as provided in point 8, the conformity assessment body shall release the content of that report, in full or in part, only with the agreement of the manufacturer.

Type examination certificate 6.1 Where the type meets the requirements of this Ordinance that apply to the radio equipment concerned, the conformity assessment body shall issue a type examination certificate to the manufacturer. The certificate shall contain the name and address of the manufacturer, the conclusions of the examination, the aspects of the essential requirements covered by the examination, the conditions (if any) for its validity and the necessary data for identification of the approved type. The type examination certificate may have one or more annexes attached 6.2 The type examination certificate and its annexes shall contain all relevant information to allow the conformity of manufactured radio equipment with the examined type to be evaluated and to allow for in-service control. 6.3 Where the type does not satisfy the applicable requirements of this Ordinance, the conformity assessment body shall refuse to issue a type examination certificate and shall inform the applicant accordingly, giving detailed reasons for its refusal

Obligations to take action 7.1 The conformity assessment body shall keep itself apprised of any changes in the generally acknowledged state of the art; if there is any indication that the approved type may no longer comply with the applicable requirements of this Ordinance, it shall determine whether such changes require further investigation. If so, the conformity assessment body shall inform the manufacturer accordingly 7.2 The manufacturer shall inform the conformity assessment body that holds the technical documentation relating to the type examination certificate of any modifications to the approved type that may affect the conformity of the radio equipment with the essential requirements of this Ordinance or the conditions for the validity of the certificate. Such modifications shall require additional approval in the form of an addition to the original type examination certificate

Obligations to provide information 8.1 Each conformity assessment body shall inform OFCOM of the type examination certificates and/or any additions thereto that it has issued or withdrawn and shall provide OFCOM periodically or on request with a list of certificates and/or additions thereto to that it has refused, suspended or otherwise restricted in any other way. 8.2 Each conformity assessment body shall inform the other conformity assessment bodies of any type examination certificates and/or any additions thereto that it has refused, suspended or otherwise restricted in any other way, and shall notify them on request of any such certificates and/or additions thereto that it has issued. 8.3 Each conformity assessment body shall inform OFCOM concerning the type examination certificates and/or any additions thereto that it has issued, where technical standards designed by OFCOM (Art. 31 para.² let. a TCA) have not been applied or not been fully applied. OFCOM and the other conformity assessment bodies may, on request, obtain a copy of the type examination certificates and/or additions thereto. OFCOM shall on request be provided with a copy of the technical documentation and the results of the examinations carried out by the conformity assessment body. OFCOM shall keep a copy of the type examination certificate, its annexes and additions, as well as the technical file including the documentation submitted by the manufacturer, for ten years from the assessment of the radio equipment until the expiry of the validity of that certificate

The manufacturer shall retain a copy of the type examination certificate, its annexes and additions and the technical documentation for ten years after the radio equipment has been placed on the market for submission to OFCOM.

The manufacturer’s authorised representative may submit the request referred to in point 3 and fulfil the obligations set out in points⁷ and⁹, provided they are specified in a mandate.

Conformity to type based on an internal production control is the part of a conformity assessment procedure in which the manufacturer fulfils the obligations set out in points² and 3 and ensures and under its responsibility declares that the radio equipment concerned conforms to the type described in the type examination certificate and satisfies the applicable requirements of this Ordinance.

Manufacture The manufacturer shall take all the measures required to ensure that the production process and its monitoring guarantee the conformity of the manufactured radio equipment with the type described in the type examination certificate and with the applicable requirements of this Ordinance. The manufacturer shall take appropriate account of any changes in the radio equipment design or characteristics and changes in the harmonised standards or in other technical specifications by reference to which conformity of the radio equipment is declared.

Conformity marking and declaration of conformity The manufacturer shall affix the conformity marking to each individual item of radio equipment that is in conformity with the type described in the type examination certificate and satisfies the applicable requirements of this Ordinance The manufacturer shall issue a written declaration of conformity for each radio equipment model in accordance with Annex 5.

Authorised representative 4.1 The manufacturer’s obligations mentioned in point 4 may be fulfilled by its authorised representative on the manufacturer’s behalf and under its responsibility provided such obligations are specified in a mandate. 4.2 The design and manufacture of radio equipment and drawing up the technical documentation may not be delegated to the authorised representative.

Conformity based on full quality assurance is the conformity assessment procedure whereby the manufacturer fulfils the obligations laid down in points² and 5, and ensures and declares on its sole responsibility that the radio equipment concerned satisfies the requirements of this Ordinance that apply to it.

Manufacturing The manufacturer shall operate an approved quality system for the design, manufacture, final radio equipment inspection and testing of the radio equipment concerned as specified in point 3 and shall be subject to monitoring as specified in point 4. The manufacturer shall take appropriate account of changes to the design of the radio equipment or in its characteristics and changes in the harmonised standards or other technical specifications by reference to which conformity of radio equipment is declared.

Quality assurance system The manufacturer shall apply to the conformity assessment body of its choice for the assessment of its quality system for the radio equipment concerned. The application contains:

1. the name and address of the manufacturer and, if the application is filed by the authorised representative, its name and address as well;

2. the technical documentation for each radio equipment type intended to be manufactured;

3. the documentation concerning the quality system;

4. a written declaration that the same application has not been filed with any other conformity assessment body.

Monitoring under the responsibility of the conformity assessment body The purpose of monitoring is to make sure that the manufacturer duly fulfils the obligations arising out of the approved quality system. The manufacturer shall, for assessment purposes, allow the conformity assessment body access to the design, manufacture, inspection, testing and storage sites, and shall provide it with all necessary information, in particular:

1. the quality system documentation;

2. the quality records as provided for by the design part of the quality system, such as results of analyses, calculations, tests, etc.;

3. the quality records as provided for by the manufacturing part of the quality system, such as inspection reports and test data, calibration data, reports concerning the qualifications of the personnel, etc.

Conformity marking and declaration of conformity The manufacturer shall affix the conformity marking in accordance with

The manufacturer shall, for a period ending¹⁰ years after the radio equipment has been placed on the market, keep at the disposal of OFCOM:

1. the technical documentation referred to in point 3.1;

2. the documentation concerning the quality system referred to in point 3.1;

3. the change referred to in point 3.5, as approved;

Each conformity assessment body shall inform its OFCOM of quality system approvals issued or withdrawn, and shall, periodically or on request, make available to its notifying authority the list of quality system approvals refused, suspended or otherwise restricted. Each conformity assessment body shall inform the other conformity assessment bodies of quality system approvals which it has refused, suspended or withdrawn, and, on request, of quality system approvals which it has issued.

Authorised representative 8.1 The manufacturer’s obligations mentioned in points 3.1, 3.5, 5 and⁶ may be fulfilled by its authorised representative on the manufacturer’s behalf and under its responsibility provided such obligations are specified in a mandate. 8.2 The design and manufacture of radio equipment and drawing up the technical documentation may not be delegated to the authorised representative.

The declaration of conformity for radio equipment that bears the Swiss conformity marking in accordance with Annex 1 point¹ must be issued according to the following template:

The declaration of conformity for radio equipment that bears the foreign conformity marking in accordance with Annex 1 point² must be issued according to the template in Annex VI of Directive 2014/53/EU36.

See footnote to Annex 5 para.².

The simplified declaration of conformity for radio equipment bearing the Swiss conformity marking in accordance with Annex 1 point¹ is worded as follows: – Hereby, [Name of manufacturer] declares that the radio equipment type [designation of type of radio equipment] is in compliance with the Ordinance of … on Telecommunications Installations. – The full text of the declaration of conformity is available at the following internet address: [exact address]

The simplified declaration of conformity for radio equipment bearing the foreign conformity marking in accordance with Annex 1 point² must be issued in accordance with the template in Annex VII to Directive 2014/53/EU37.

Directive 2014/53/EU of the European Parliaments and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of radio equipment and repealing Directive 1999/5/EC, amended by OJ L 153, of 22 May 2014, p. 62