Commentaries: Art. 19b

Proof of conformity comprises:
1. a certificate issued by a conformity assessment body as specified in Article 18 of the Federal Act of 6 October 1995¹on Technical Barriers to Trade (TBA) to the effect that the type of construction machine or particle filter system meets the requirements of Annex 4 Number 3 (certificate of conformity);
2. a declaration by the manufacturer or importer that the construction machines or particle filter systems to be placed on the market conform to the tested types (declaration of conformity), including the following details:
1. name and address of the manufacturer or importer, 2. designation of the type of construction machine, engine and particle reduction system, 3. year of manufacture and serial numbers of the construction machine, engine and particle filter system, 4. name and address of the conformity assessment body and number of the certificate of conformity, 5. name and function of the person signing the declaration of conformity for the manufacturer or importer, 6. the precise location of the markings on the construction machine; and c. markings as specified in Annex 4 Number 33.
For construction machines that meet the requirements of Annex II of Regulation (EU) No 2016/1628², proof of conformity comprises type approval by a member state of the European Union for the engine type or the engine family in accordance with Regulation (EU) No 2016/1628.³
The conformity assessment bodies shall send certificates of conformity, together with the relevant test reports, to the FOEN. The FOEN shall publish lists of compliant particle filter system and engine types.⁴
The manufacturer or importer shall retain the declaration of conformity for ten years after placing the construction machine or particle filter system on the market.

SR 946.51 ↩
Regulation (EU) 2016/1628 of the European Parliament and of the Council of 14 September 2016 on requirements relating to gaseous and particulate pollutant emission limits and type-approval for internal combustion engines for non-road mobile machinery, Amended by OJ L 252 of 16.09.2016, p. 53; supplemented by: Commission Delegated Regulation (EU) 2017/654 of 19 December 2016, OJ L 102 of 13.04.2017, p. 1; Commission Delegated Regulation (EU) 2017/655 of 19 December 2016, OJ L 102 of 13.04.2017, p. 334; Commission Implementing Regulation (EU) 2017/656 of 19 December 2016, OJ L 102 of 13.04.2017, p. 364. ↩
Inserted by No I of the O of 11 April 2018, in force since 1 June 2018 (AS 2018 1687). ↩
Amended by No I of the O of 14 Oct. 2015, in force since 16 Nov. 2015 (AS 2015 4171). ↩

Art. 19b

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