9.2.2 EU・スイスMRA

The MRA concluded with Switzerland which entered into force on 1 June 2002 (OJ L114 of 30/04/2002) is an agreement based on the equivalence of legislation of the EU and Switzerland specifically mentioned in the annexes to that agreement (323). It covers the recognition of conformity assessments irrespective of the origin of the products. This type of MRA agreement is usually referred to as an ‘Enhanced MRA’. However, the case of Switzerland remains quite specific.

The provisions of the Agreement and the harmonisation of Swiss technical regulations with those of the EU help market access for EU products to the Swiss market, and vice versa for Swiss products to the EU/EEA market. However there is no customs union between the EU and Switzerland.

According to the Agreement, the Swiss Accreditation Service (SAS) is a full member of European co-operation for Accreditation (EA) and is signatory of all mutual recognition agreements with the EA. In the area of standardisation, Switzerland is full member of CEN, CENELEC and ETSI and participates actively in the work of the European standardisation.

Furthermore, an EU conformity assessment body is allowed to issue certificates in the EU according to EU legislation, which are deemed equivalent to those of Switzerland. The same applies conversely to the Swiss’ conformity assessment bodies. Thus, certificates issued by Swiss conformity assessment bodies accredited by SAS for products covered by the MRA are deemed equivalent to those issued by EU conformity assessment bodies within the scope of application of the MRA and specifically of the EU legislation which is covered by the MRA.

This was only possible because Switzerland has chosen to align its legislation in the sectors covered by the agreement with that of the Union.

The so called ‘Enhanced MRA’ agreement with Switzerland currently covers twenty product sectors: Machinery, Personal Protective Equipment (PPE), Safety of Toys, partially Medical Devices, Gas Appliances and Boilers, Pressure Equipment, Telecommunications Terminal Equipment, Equipment and Protective Systems intended for use in potentially explosive atmosphere (ATEX), Electrical Safety and Electromagnetic Compatibility (EMC), Construction Plant and Equipment, Measuring Instruments and Pre-packages, Motor Vehicles, Agricultural and Forestry Tractors, Good Laboratory Practice (GLP), Good Manufacturing Practice (GMP) Inspection and Batch Certification, Construction products, Lifts, Biocidal Products, Cableways installations and Explosives for civil use.

A parallel MRA covering exactly the same scope has been concluded between the EEA EFTA States and Switzerland (Annex I to the EFTA Vaduz Convention which entered into force on 1 June 2002).