1- What is Product Safety?

It is essential that all products on the market or intended to be placed on the market are safe. The products that are in compliance with the the provisions regarding human health and safety of the relevant technical regulation are presumed to be safe until it is proved otherwise.

In cases where there is no technical regulation or  the technical regulation does not contain provisions regarding human health and safety, the evaluation of whether a product is safe or not is made by taking into consideration the general product safety principle.

2- What is a Technical Regulation?

It refers to the mandatory legislation that determines the nature of the product, its processing or production methods, or the related terminology, symbols, packaging, marking, labeling or conformity assessment processes, including the administrative provisions.

The products shall be in conformity with the relevant technical regulations.  The products that are not in conformity with the relevant technical regulations, cannot be placed on the market, made available on the market or put into service.

3- What are the Main Changes Brought by the Law??

- The roles of the economic operators regarding product safety have been defined separately and their responsibilities have been clarified.

- The issue of “traceability of products on the market has been regulated.

- Recall mechanism has been introduced as a legal obligation.- The principle of product liablity and the right for compensation has been introduced.

- Market surveillance of the products sold online has been included within the scope of the Law.

- Penalties have been rearranged with an aim of proportionality and the gravity of the act.

4- Which Products Does the Law Cover?

The Law covers all the products in principle, though if there is a specific law regarding a product, the provisions of the Law will be applied to the product in question in cases where there is no provision in the  specific law.

5- Why are Products Exported or Intended to be Exported to Countries Other Than European Union Member Countries Out of Scope?

The main rule in international trade is that the exported products comply with the rules of the destination countries.

On the other hand,  in order to protect the image of Turkish goods, exports to third countries are within the scope of the Law in terms of product safety and prevention of adulteration.

6- To What Extent are the Products Exported or Intended to be Exported to Countries Other Than the EU Member States is Included in the Scope of the Law?                                                  

Products exported to countries outside the EU should normally comply with the rules of the destination country. However, in order to protect the image of Turkish goods, exported products are also required to be safe, not subject to adulteration, and its  mark, label and documentation should be prepared in a way that does not mislead the buyer. In this context, sanctions will be imposed if the non-compliance with the relevant provision of the Law is reported to our country from the importing country..

7- What is the Difference Between Placing on the Market and Making Available on the Market?

Placing on the market is the initial availability of a product on the market. If it is made available in the market; It is the supply of a product that has already been placed on the market, through a commercial activity, for distribution, consumption or use, with or without charge.

For example, the situation of being on the market for the first time by launching is an example of supply to the market, and the release of the continuation of the product that has been offered to the market is an example of keeping it on the market.

8- What is the Difference Between Recall and Withdrawal from the Market?

Recall is any measure aimed at bringing an unsafe product from the consumer/end user back to the economic operator on its own or at the request of the responsible authority.

If the economic actors have an unsafe product withdrawn from the market on their own or upon the request of the responsible authority; it is called withdrawal from the market.

The main difference is; whether the product is purchased from the end user.      

9. Who are the Competent Authorities? How is the distribution of tasks made on the basis of product group?

The Competent Authority is the public institution that prepares, executes or inspects the technical regulations regarding the products. Competent Authorities in Türkiye are:

Ministry of Trade: Toys, detergents, stationery, furniture, textiles.

Ministry of Agriculture and Forestry: Foodstuffs, fertilizers, feeds, tobacco products, ethyl alcohol

Ministry of Industry and Technology: Machinery, electrical / electronic products, elevators, motor vehicles, water boilers etc.

Ministry of Health: Cosmetics, medical devices, biocidal products

Ministry of Environment, Urbanization and Climate Change: Building materials, solid fuels

Ministry of Labor and Social Security: Personal protective equipment

Energy Market Regulatory Authority: Fuels

Information Technologies and Communications Authority: Radio  and telecommunication equipment

Ministry of Transport and Infrastructure: Recreational  craft,  marine equipment

10. What is the difference between the Conformity Assessment Body and the Notified Body?

Conformity Assessment Body is an organization that performs conformity assessment activities, including calibration, testing, certification and inspection.

The notified body, on the other hand, is assigned by  responsible authority to test/certify the products subject to the legislation (eg medical devices, toys) within the scope of the policy, which the EU calls the New Approach, and their names are notified to the Commission and published in the EU's NANDO system.

11. What is Conformity Assessment?

Conformity assessment refers to the verification processes carried out by the private sector that shows whether certain conditions regarding the product, process, service, system, person or organization are fulfilled.

12. What is the Purpose of Market Surveillance?

Competent authorities take important sanction decisions such as recalling products, prohibiting their placing on the market, and imposing administrative fines when necessary within the framework of market surveillance activities. It is essential that market surveillance is carried out on the basis of the public interest, without profit motive and without allowing conflicts of interest. This task has been fulfilled by 9 public institutions for many years, with more than 10,000 expert market surveillance personnel.