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  • NSN Law Bulletin

New Regulation Alert // General Product Safety Regulation

The General Product Safety Regulation, has come into force as of 12.03.2021, was published in the Official Gazette No. 31420 on 11.03.2021. The aforementioned Regulation aims to ensure the safety of products that are placed on the market, available on the market or supplied and ready for the use of the consumer, intended for the consumer or products that can be used by the consumer under reasonably foreseeable conditions, even if they are not intended for the consumer. In this context, the duties of authorized institutions and the obligations of producers and distributors are also specified in the Regulation. The Regulation has been prepared in accordance with the EU legislation by taking into account the European Parliament and Council Directive 2001/95/EC on General Product Safety.


The situations and products that the Regulation will be applied to are determined as follows;

  • In cases where there is no technical regulation regarding the products in the Regulation or even if there is a technical regulation, there are no provisions regarding human health and safety or certain risks or risk categories,

  • To all new, used or improved products that are placed on the market, available on the market or supplied and ready for the use of the consumer, intended for the consumer or that can be used by the consumer under reasonably foreseeable conditions even if they are not intended for the consumer,

  • To the products offered to consumers during a service (does not include equipment used or operated by those who provide services to the consumer),

  • To the used products supplied as antique products or products that need to be repaired or rehabilitated prior to use (does not apply if the supplier clearly informs the person he/she supplies).

According to Article 5 of the Regulation, the product must be safe. Safe product has been described in the Regulation as a product that is considered to provide a high level of protection for human health and safety, without risk to use under normal and reasonably foreseeable conditions, including the duration of use and, where applicable, the requirements for commissioning, installation and maintenance.


However, if the product is legally produced or released into free circulation in a European Union member country, provided that it is within the scope of the Mutual Recognition Regulation in the Non-Regulated Area, this product will be deemed to be a safe product. Even if the product is manufactured according to different technical regulations, standards or quality rules than those applied in Turkey.


Pursuant to the Regulation, manufacturers will only be able to place or keep safe products on the market. In this context, the obligations of the manufacturers are determined as follows;

  • Ensure that the model, batch, serial number or other information that will enable it to be distinguished, as well as its own name, registered trade name or brand information, and the open address information that can be reached, on the packaging of the product or the product, in an easily visible and readable manner,

  • Where possible, manufacturer shall test, examine, take samples from the products he/she has supplied and keep on the market, keep a record of complaints, dangerous products and recalled products, and inform distributors about the monitoring activities carried out,

  • The manufacturer shall ensure that consumers are warned adequately and effectively about the risks of the product,

  • In cases where the risks of the product cannot be clearly understood, manufacturer shall provide the consumers with the necessary information about the risks that the product carries within the normal and reasonably foreseeable usage period and take the necessary measures against these risks so that they can evaluate the risks that the product may present,

  • In order to avoid the risks of the products, manufacturer shall take the necessary measures, including the measure of stopping the supply of these products to the market, preventing them from being placed on the market, withdrawing from the market or recalling them from the consumer, (The product recall measure will be applied in cases where other measures are insufficient to prevent the risk.)

  • When the authorized institutions request, manufacturers shall cooperate in measures to prevent the risks of the products they supply,

  • After taking the necessary corrective measures within the scope of this Regulation, on their own or upon the request of the authorized institution, manufacturers shall announce the information about these measures and the risks contained in the product effectively by ensuring that the consumers are adequately and effectively warned about the risks of the product.

You can access the Regulation and the Product Safety and Technical Regulations Law from the links below.


https://www.resmigazete.gov.tr/eskiler/2020/03/20200312-1.htm

https://www.resmigazete.gov.tr/eskiler/2021/03/20210311-18.htm


Author: Bilge Derinbay, Hande Ülker

Contact: bilge.derinbay@nsn-law.com