Commentaries: Art. 37

The FOEN shall monitor compliance with the regulations concerning placing construction machines, particle filter systems, and machines and equipment with internal combustion engines on the market. It shall monitor in particular:¹
1. whether the information given in the declaration of conformity is correct; or
2. ² whether the internal combustion engines of the machines and equipment which bear an approval mark conform to the type-approved engine or to the type-approved engine family.
It may entrust control tasks to public entities and private specialist organisations.
If the installations controlled do not meet the requirements, the FOEN shall order the necessary measures. In serious cases, it may prohibit further offering or marketing, or request the modification of installations already marketed.

Amended by No I of the O of 20 Oct. 2021, in force since 1 Jan. 2022 (AS 2021 632). ↩
Amended by No I of the O of 11 April 2018, in force since 1 June 2018 (AS 2018 1687). ↩

Art. 37