The Ministry of Commerce in Turkey introduced the new product safety regulation which covering all products intended to be placed on the market, offered or put into service. The law introduces obligations and provides notice and take-down/access ban procedures regarding sales and promotion of products that do not comply with product safety requirements for Turkey type approval.
The obligations of certain commercial operators as per the product safety for Turkey type approval Law are designated as follows:
|Action to take||Manufacturers||Importers||Authorized Representatives||Distributors|
|Keep the copies of the documents which show the compliance of the products at least for ten (10) years||√||√||√|
|Enforce the instructions of the authorities for product safety and conduct official registrations, if required.||√||√||√|
|Present products which comply with technical regulations or general product security legislation indicated under the Product Safety Law||√||√|
|Take required measures for potential risks and inform end-users to prevent the risks||√||√|
|Ensure that the information provided with the products is in the Turkish language||√||√|
|Test and examine the product risks with samples||√||√|
|Cease the presentation of the products from the market or recall if the products are not compliant||√||√|
|Enforce the instructions of the authorities for product safety and conduct official registrations, if required||√||√|
|Provide technical file, conduct compliance examination, if required, and compliance symbols, statements, and documents||√|
|Provide information on model, party, a serial number of the product and information on its trade name, trademark, and address in the documents presented with the product||√|
|Ensure that the product is presented with the required compliance symbols and documents, and the manufacturer fulfilled its obligations regarding the information to be provided with the product||√|
|Provide its information including trade name, trademark and address in the documents presented with the product||√|
|Refrain from presenting the product if the importer is aware or should become aware that the product is not compliant, and inform the manufacturer and authorized institution if the product is risky||√|
|Ensure that the product carries the compliance symbol(s), has the documents indicating its compliance, instructions, and safety rules are added to the product in Turkish; ensure that the manufacturers and importers comply with their obligations regarding providing necessary information on products, prevent lack of visibility of mandatory information regarding product safety on the products||√|
|Refrain from keeping products in the market, where it knows or should now that the product is not compliant and immediately inform the importer or manufacturer and authorized institution in all incidents where the product incurs a risk||√|
|Ensure that the storage and transportation of the product is compliant with general product safety legislation and technical regulations when the product is its responsibility||√|
|Confirm that the manufacturer or importer takes necessary measures to render the product compliant, cease the presentation of the product from the market or recall the product when it learns or should know that the product it keeps in the market is not compliant, and immediately inform the manufacturer or importer and the authorized institution regarding risks on especially health and security, as well as necessary precautions and their consequences||√|
|Cooperate with the commercial operator in actions taken to cease the risks on the products it keeps on the market, provides all necessary information and documents showing the compliance of products to the authorized institution, and immediately comply with the authorized institution’s instructions||√|
If the manufacturer, authorized representative or importer of a product cannot be identified, the distributor which is notified by authorities and/or aggrieved party does not provide information of the manufacturer, authorized institution, importer or previous commercial operator of a product within ten (10) business days, will be deemed a manufacturer under the Product Safety Law, and be liable as a manufacturer from compensation due to any possible damages.
The Product Safety Law allows access to ban measures implemented by the authorized institution without requiring a court order, as well as providing samples to the anonymous supervisors of non-compliant products.
The Law will become effective a year after its publication (March 12, 2021) abrogating the Law No. 4703 on Preparation and Application of Technical Legislation on Products, which is currently regulating the product safety and technical requirements for Turkey type approval.
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