Ordinance of 25 November 2015 on the Safety of Simple Pressure Vessels (OSRP) - Purpose, Scope, Definitions, and Applicable Law (DBV)

This ordinance governs the placing on the market and the subsequent availability on the market of simple pressure vessels manufactured in series according to Directive 2014/29/EU (the EU directive on simple pressure vessels) and the market surveillance of these products.

The scope of application is governed by Art. 1 of the EU directive on simple pressure vessels.

The applicable definitions are set out in Art. 2 of the EU directive on simple pressure vessels. The definitions mentioned in Art. 2, paras. 9 to 11, are to be understood in accordance with Swiss legislation on product safety and accreditation. The terminological equivalences listed in the annex are also applicable.

Unless otherwise provided by this ordinance, the ordinance of 19 May 2010 on Product Safety (OSPro) applies to simple pressure vessels.

Simple pressure vessels may be placed on the market and made available on the market only if: a. they do not endanger the health or safety of persons, nor the safety of domestic animals or property, when correctly installed and maintained, and used in accordance with their intended purpose or under reasonably foreseeable conditions, and b. they comply with the requirements in force at the time of placing on the market, in accordance with Art. 4 of the EU Directive on Simple Pressure Vessels and the Annex I referenced therein.

Regarding the conformity assessment of simple pressure vessels, the principles and procedures set forth in Articles 12 to 14 of the EU Directive on Simple Pressure Vessels, as well as Annexes I, II, and IV mentioned therein, are applicable.

The obligation to affix the CE marking does not apply. If the CE marking has already been affixed in accordance with EU provisions, it may be retained. The affixing of other indications and identification numbers is governed by Article 16, paragraphs 1, 3, and 4 of the EU Directive on Simple Pressure Vessels and by Annex III mentioned therein.

Conformity assessment bodies must, within their respective fields: a. be accredited in accordance with the Ordinance of 17 June 1996 on Accreditation and Designation (AccD); b. be recognized by Switzerland within the framework of an international agreement, or c. be authorized by another provision under federal law.

The conditions and procedure for the designation of conformity assessment bodies and the withdrawal of designation, the rights and obligations of designated bodies, as well as the requirements applicable to designation authorities, are governed by Chapter 3 (Articles 24 to 34 c) of the AccD.

The obligations incumbent upon the economic operators listed below are governed by the following articles of the EU directive on simple pressure vessels: a. manufacturers: Art. 6; b. authorized representatives: Art. 7; c. importers: Art. 8; d. distributors: Art. 9.

The application of the obligations of manufacturers to importers and distributors is governed by Art. 10 of the EU directive on simple pressure vessels.

The identification of economic operators in relation to market surveillance authorities is governed by Art. 11 of the EU directive on simple pressure vessels.

The designation of technical standards is governed by Art. 6 of the Product Safety Act. The State Secretariat for Economic Affairs is responsible.

Market surveillance concerning simple pressure vessels is governed by Arts. 19 to 29 OSPro.

The ordinance of 20 November 2002 on simple pressure vessels is repealed.

Simple pressure vessels placed on the market under the old law, before 20 April 2016, may still be made available on the market and put into service after 20 April 2016.

Certificates that have been issued and decisions that have been made under the old law by conformity assessment bodies remain valid after the entry into force of this ordinance.

This ordinance enters into force on 20 April 2016.