“Framework Regulation on Market Surveillance and Inspection of Products” (the “Regulation”) is published in the Official Gazette on 10.07.2021 and has entered into force as the date of publication by annulling the Regulation on Market Surveillance and Inspection of Products (the “Annulled Regulation”) that is published in the Official Gazette dated 17.02.2002.
As the Product Safety and Technical Regulations Law no. 7223 came into force on 12.03.2021, the need to amend the secondary legislation has arisen. Accordingly, the General Product Safety Regulation was published in the Official Gazette on 11.03.2021 to be effective as of 12.03.2021. You may reach to the announcement of NSN Law Firm regarding the publication of the General Product Safety Regulation by this link
Recently, the Ministry of Commerce has finalized its preparations on the amendments to the secondary legislation regarding the market surveillance and inspection of products, and, the Regulation is published on 10.07.2021 in Official Gazette by referring to the Product Safety and Technical Regulations Law no. 7223, which was prepared within the scope of harmonization with the EU.
Significant points of the Regulation are shown below;
The definitions of the market actors are updated, the responsibilities of manufacturers and importers are set separately, and, distributors’ obligations are detailed in line with Law No.7223.
The scope of the Regulation is extended by including “e-commerce activities” to increase effectiveness on the current e-markets, and to harmonize with the EU regulations.
A definition of “Products having serious risks” is made, and, the conditions
of removal, recall, and prohibition of these products from the market are foreseen in detail.
The transparency principle is emphasized for the announcements of the measure taken regarding the risky products by the authorized institutions.
Traceability obligations for manufacturers and importers are foreseen in line with Law No.7223. Accordingly, manufacturer and importer must put serial, batch, or lot number or distinctive information on the product’s package of product or in a document accompanying the product.
Power and responsibilities of the Authorized Institutions are revised and elaborated in line with Law No.7223.
The Regulation introduced Market Surveillance, Inspection and Product Safety Evaluation Board to evaluate the programs prepared by Market Surveillance and Inspection Coordination Board, to ensure efficient inspection on imports and in the local market by foreseeing certain measures, and, to provide cooperation among related institutions, stakeholders and universities.
You may access the Framework Regulation on Market Surveillance and Inspection of Products by this link