Navigating Turkey’s Product Safety and Technical Regulations Law (No. 7223): Key Points and Penalties

Navigating Turkey’s Product Safety and Technical Regulations Law (No. 7223): Key Points and Penalties

Turkey’s Product Safety and Technical Regulations Law (No. 7223) lays out comprehensive requirements to ensure that products on the Turkish market meet applicable technical standards and pose no risk to consumers or the public. Published in the Official Gazette on March 12, 2020, and in effect since March 12, 2021, this law expands on previous legislation (Law No. 4703) and aligns with broader EU directives. Below is a detailed overview of the law’s core provisions—along with a focused look at the penalties—to help businesses understand and comply with the new framework.

1. Purpose and Scope

Purpose

According to Article 1, the law’s main objective is to ensure that products offered or intended to be offered on the market are both safe and compliant with relevant technical regulations. It also defines rules for market surveillance, sets out the responsibilities of competent authorities, and delineates the obligations of economic operators (manufacturers, importers, distributors, etc.) and conformity assessment bodies.

Scope

• Broad Coverage: As per Article 2, the law applies to all products made available or intended to be made available in the Turkish market, including new, used, or refurbished items, as well as imports from non-EU countries.
• Exports: Products destined for the European Union are deemed to have been placed on the Turkish market once exported. Products exported outside of the EU generally fall outside the law’s scope but still must be safe, not adulterated, and correctly labeled.

2. Key Definitions

Economic Operator (İktisadi İşletmeci)Any manufacturer, authorized representative, importer, distributor, or other entity responsible for ensuring the product meets applicable regulations.

Manufacturer (İmalatçı)An individual or legal entity that manufactures or commissions the design/manufacturing of a product under its own name or trademark.

Authorized Representative (Yetkili Temsilci)A Turkey-based entity appointed in writing by the manufacturer to handle certain legal responsibilities on the manufacturer’s behalf.

Importer (İthalatçı)An entity that brings products into Türkiye’s market and is responsible for compliance prior to sale.

Distributor (Dağıtıcı)Any operator in the supply chain (other than the manufacturer or importer) who makes a product available on the market.

Conformity Assessment BodyA calibration, testing, certification, or inspection body that ensures products meet relevant technical regulations.

Serious Risk (Ciddi Risk Taşıyan Ürün)A product that, under normal or reasonably foreseeable conditions of use, could cause harm or danger requiring urgent intervention by the competent authorities.

3. Obligations of Economic Operators

3.1 Manufacturers

Under Article 7, manufacturers must:

• Only place compliant products on the market.
• Prepare or commission the required technical documentation, perform necessary conformity assessments, and affix required conformity markings (e.g., CE) if mandated by technical regulations.
• Keep documentation for at least 10 years after the product is placed on the market.
• Take corrective measures quickly if a product is found non-compliant, including stopping sales, withdrawing from the market, or recalling if necessary.
• Provide relevant instructions and safety information in Turkish, ensuring labels remain visible and understandable.

3.2 Authorized Representatives

Article 8 states authorized representatives handle only those tasks the manufacturer explicitly delegates in writing. They must also cooperate with competent authorities, maintain technical documentation, and facilitate corrective measures if products are found unsafe or non-compliant.

3.3 Importers

Per Article 9, importers must:

• Verify that products comply with the relevant technical regulations or general product safety rules before placing them on the market.
• Ensure the manufacturer has fulfilled obligations such as labeling, warnings, and documentation in Turkish.
• Take prompt action (withdraw, recall, or stop distribution) upon learning of any non-compliance.
• Keep or provide documentation to authorities for 10 years if needed.

3.4 Distributors

Under Article 10, distributors must:

• Check that products bear conformity marks and meet labeling requirements before making them available to consumers.
• Provide Turkish instructions and safety warnings if required.
• Inform manufacturers, importers, or authorities of any non-compliance.
• Cooperate with other economic operators and authorities in taking corrective measures.

3.5 Product Traceability

All economic operators must record their supply chain partners (previous and next) and any product information that aids traceability, storing these records for at least 10 years (Article 12). This obligation extends to online marketplaces, electronic commerce service providers, and media service providers.

4. Product Liability and Safety

4.1 Product Safety

Article 5 establishes that products must be “safe,” meaning they pose no unacceptable risk to health, safety, or other protected interests under normal or foreseeable conditions of use. A product deemed compliant with relevant technical regulations is presumed safe unless proven otherwise.

4.2 Product Liability

Article 6 outlines liability for damages caused by non-compliant or defective products. Manufacturers or importers must compensate if a product causes personal injury or property damage. Victims must prove the defect, harm, and a causal link between them. Multiple entities can be held jointly liable if more than one party is at fault.

5. Enforcement and Market Surveillance

5.1 Powers of Competent Authorities

Under Articles 15–17, competent authorities can:

• Inspect products throughout the supply chain.
• Conduct risk assessments and random checks.
• Suspend sales, block listings, or recall products if they pose a serious risk or violate regulations.
• Purchase products anonymously (such as via online platforms) for testing.

5.2 Corrective Measures

If a product is found to be non-compliant, authorities can require:

• Immediate recall, withdrawal, or modification of the product.
• Notification or warning to end users about the risks (e.g., unsafe features).
• Suspension of sales until further checks confirm compliance.

5.3 Defense and Cooperation

Economic operators generally have the right to be heard and given a reasonable timeframe to remedy non-compliances—unless there is an imminent and serious risk, where swift action is mandatory. Operators who voluntarily correct defects or remove products from the market before discovery by authorities may avoid certain penalties (Article 21).

6. Administrative Fines and Penalties

One of the most critical sections for businesses is Article 20, detailing substantial fines for various violations. The law sets minimum and maximum penalty ranges, allowing authorities to consider the severity of the violation and the economic operator’s financial capacity. Below is a summarized look at the key penalties (note that fine amounts are periodically updated based on revaluation rates):

1. Non-Compliance with Product Safety Provisions Violating critical safety requirements under technical regulations or general product safety rules:₺50,000 (approx. €2,500) to ₺500,000 (approx. €25,000).
2. Violating critical safety requirements under technical regulations or general product safety rules:₺50,000 (approx. €2,500) to ₺500,000 (approx. €25,000).
3. Non-Compliance with Other Technical Provisions For breaches that do not directly concern safety aspects:₺20,000 to ₺200,000.
4. For breaches that do not directly concern safety aspects:₺20,000 to ₺200,000.
5. Misuse or Falsification of Conformity Certificates/Marks Includes forging CE marks or related documentation:₺20,000 to ₺200,000 (and possibly more severe measures).
6. Includes forging CE marks or related documentation:₺20,000 to ₺200,000 (and possibly more severe measures).
7. Failure to Meet Obligations for Marking, Labeling, Documentation If an operator does not properly affix labels, provide Turkish manuals, or store records:₺7,000 to ₺70,000.
8. If an operator does not properly affix labels, provide Turkish manuals, or store records:₺7,000 to ₺70,000.
9. Repeat Offenses Repeat violations within two years can double the previously assessed fine.
10. Repeat violations within two years can double the previously assessed fine.
11. Failure to Take Down Unsafe Products Online Online platforms not complying with removal requests within 24 hours:₺20,000 to ₺200,000 and further measures like blocking access to listings.
12. Online platforms not complying with removal requests within 24 hours:₺20,000 to ₺200,000 and further measures like blocking access to listings.
13. Obstruction of Inspections Hindering enforcement officers from performing their duties:₺7,000 to ₺70,000.
14. Hindering enforcement officers from performing their duties:₺7,000 to ₺70,000.
15. Export Violations Products exported outside EU countries that violate safety requirements:₺50,000 to ₺500,000 (for serious product safety breaches).
16. Products exported outside EU countries that violate safety requirements:₺50,000 to ₺500,000 (for serious product safety breaches).

Fines must be paid within one month of the official notification. Additionally, authorities may impose further measures (e.g., product withdrawal, recall, destruction) alongside financial penalties.

7. Practical Steps for Businesses

1. Conduct a Compliance Audit Review your product lineup, labeling, documentation, and instructions in Turkish. Verify or update any conformity certificates (CE, etc.) and keep technical files ready.
2. Review your product lineup, labeling, documentation, and instructions in Turkish. Verify or update any conformity certificates (CE, etc.) and keep technical files ready.
3. Establish Clear Responsibilities Clarify roles: Are you the manufacturer, importer, or distributor? If you’re an online marketplace, ensure you can remove unsafe listings within 24 hours of notification.
4. Clarify roles: Are you the manufacturer, importer, or distributor? If you’re an online marketplace, ensure you can remove unsafe listings within 24 hours of notification.
5. Set Up a Product Traceability System Maintain records for at least 10 years. Track supply chain partners, relevant product batch numbers, and any test reports.
6. Maintain records for at least 10 years. Track supply chain partners, relevant product batch numbers, and any test reports.
7. Prepare for Recalls Develop an internal procedure for product recall or withdrawal. Implement a protocol to quickly notify authorities and end users if a product is unsafe.
8. Develop an internal procedure for product recall or withdrawal. Implement a protocol to quickly notify authorities and end users if a product is unsafe.
9. Monitor Changes to Fines Stay informed on annual revaluation of fines and any amendments that may affect penalty amounts.
10. Stay informed on annual revaluation of fines and any amendments that may affect penalty amounts.
11. Train Staff Educate your team on the requirements of Law No. 7223, ensuring everyone understands their role in compliance, recordkeeping, and risk management.
12. Educate your team on the requirements of Law No. 7223, ensuring everyone understands their role in compliance, recordkeeping, and risk management.

8. Conclusion

Turkey’s Product Safety and Technical Regulations Law (No. 7223) imposes a comprehensive framework to safeguard public health and safety, aligning with EU standards and reinforcing consumer confidence. Non-compliance can result in substantial administrative fines, product recalls, and reputational damage. Businesses, whether operating locally or importing products into Türkiye, should proactively align with these regulations—updating documentation, streamlining supply chain traceability, and establishing robust procedures for addressing non-compliance.

By taking early, preventive steps to understand the law’s requirements and potential penalties, you can mitigate financial and legal risks while protecting consumers and maintaining a competitive edge in Turkey’s dynamic market.

Disclaimer: This blog post is intended for informational purposes only and does not constitute legal advice. For specific guidance, consult a legal professional or contact relevant Turkish authorities.