1.2.3 相互承認協定（MRA）

MRAs are agreements established between the Union and third countries for the purpose of mutual recognition of conformity assessment. It is noted that it depends on the scope of each MRA, before deciding if it relates with RED.

Specific information on MRAs may be found in Chapter 9.2 (Mutual Recognition Agreements - MRA) of the Blue Guide and the relevant Commission’s website.

The MRA concluded with Switzerland, which entered into force on 1 June 2002, is a comprehensive agreement.

According to the Blue Guide, 'despite the MRA, there is no customs union between the EU and Switzerland'. A product placed on the market in Switzerland is not considered as being placed on the EU market.

Annex 1, Chapter 7, of the Agreement as amended by Decision No 1/2017 of the Committee established under the Agreement contains adaptations on the RED.

In addition, the Swiss legislation on Radio Equipment is adapted to the RED.

The RED and this Guide shall be read in conjunction with the adaptations in the MRA. The most important adaptations which relate with the obligations of the economic operators are the following:

(a) for the purpose of the obligations in Articles 10(7) and 12(3) of the RED and the corresponding Swiss provisions, it shall be sufficient to indicate the name, registered trade name or registered trademark and the postal address at which the manufacturer established within the territory of either the European Union or Switzerland can be contacted. In cases where the manufacturer is not established within the territory of either the European Union or Switzerland, it shall be sufficient to indicate the name, registered trade name or registered trademark and the postal address at which the importer established within the territory of either the European Union or Switzerland can be contacted.

(b) for the purpose of the obligations in Articles 10(4) and 12(8) of the RED and the corresponding Swiss provisions, it shall be sufficient that the manufacturer established within the territory of either the European Union or Switzerland keep the technical Documentation and the EU declaration of conformity for 10 years after the radio equipment has been placed on the market in either the European Union or Switzerland. In case the manufacturer is not established within the territory of either the European Union or Switzerland, it shall be sufficient that the importer established within the territory of either the European Union or Switzerland keep a copy of the EU declaration of conformity at the disposal of the market surveillance authorities and ensure that the technical Documentation can be made available to those authorities upon request for 10 years after the radio equipment has been placed on the market in either the European Union or Switzerland;

(c) for the purpose of the obligations in Article 10(5), second subparagraph, and 12(6) of the RED and the corresponding Swiss provisions, it shall be sufficient that such obligations be fulfilled by the manufacturer established within the territory of either the European Union or Switzerland, or, in case the manufacturer is not established within the territory of either the European Union or Switzerland, by the importer established within the territory of either the European Union or Switzerland.

(d) manufacturers shall ensure that radio equipment shall be so constructed that it can be operated in at least one Member State or Switzerland without infringing applicable requirements on the use of the radio spectrum. In cases of restrictions on putting into service or of requirements for authorisation of use of radio equipment, information on the packaging shall identify restrictions existing in Switzerland, Member States or geographical areas within their territory.

(e) for the purpose of the obligation in Article 11(2) of the RED and the corresponding Swiss provisions, authorised representative shall mean any natural or legal person established within the European Union or Switzerland who has received a written mandate from a manufacturer to act on his behalf pursuant to Article 11(1) of the RED or the corresponding Swiss provisions.

Note 1: the above adaptations concern only the RED. For other EU legal acts, there might be similar adaptations, different adaptations or there might be no adaptations.

Note 2: for the tasks described in Article 4 of Regulation (EU) 2019/1020 on market surveillance, there must be an economic operator who is established in the EU (even when the products are imported from Switzerland to the EU). For that provision, at the time of preparation of this Guide, there are no adaptations.