New Regulation: Market Surveillance and Inspection of Distant Sales

The Regulation on Market Surveillance and Inspection of Products Made Available to the Market Through the Means of Electronic Communication Tools (“Regulation”) was published on the Official Gazette on October 30, 2024.

1. OBJECTIVE AND SCOPE
   The Regulation stipulates the safety standards to be observed for products placed on the market, particularly through online channels and other means of distant communication. It further defines the obligations of economic operators and service providers and sets forth the procedures and principles required for the inspection of such products.
2. KEY ASPECTS OF THE REGULATION

A. Product Safety and Market Placement Conditions

1. Compliance with Product Safety Legislation: All products sold or maintained in market via distant communication tools shall comply with the relevant product safety legislations and General Product Safety Regulation.
2. Definition of Market Availability: Products offered for sale by the economic operator through distant communication tools, including promotional products, shall be deemed to be placed on the market if the sale is targeted at end-users residing in Turkey.. Economic operators that fulfil at least one of the following conditions for sales made through distant communication tools shall be deemed to target end-users residing in Turkey:
   • Offering a Turkish language option,
   • Providing an option for payment in Turkish Lira,
   • Offering delivery to addresses in Türkiye,
   • Using domain names that allow shipping to Türkiye.

3. Residency Requirement: The economic operator of the products that are within the scope, needs to be resident in Türkiye for such product(s) to be marketed through distant communication tools. This economic operator includes, respectively, the following

a) The manufacturer resident in Türkiye .

b) The importer if the manufacturer is not resident inTürkiye .

c) Authorised representative resident in Türkiye appointed in writing by the manufacturer.

ç) In the absence of the economic operators in subparagraphs (a), (b) and (c) resident inTürkiye , the performance service provider resident inTürkiye .

B. Information to be Provided in Sales Announcements

In sales announcements, in addition to the economic operator’s name, registered trade name, and email address, the following information must be provided before the end-user purchases the product: (i) the name, trade name, and contact details of the manufacturer, importer, or authorized representative; (ii) safety warnings, labels, and compliance marks required by the relevant technical regulations for the product; and (iii) information regarding the product type, images, and technical specifications.

C. Obligations

1. Obligations of the Authorized Representative: If the manufacturer or importer is not based in Türkiye, an authorized representative must be appointed. The authorized representative will be responsible for ensuring the product’s compliance and for maintaining the safety documentation.
2. Obligations of Service Providers: Service providers handling processes such as transport, storage, and delivery will be held accountable for product safety. They will among others be responsible for:
   • Keeping compliance documents,
   • Notifying relevant authorities about risky products,
   • Collaborating with authorities to implement corrective measures.

3. Obligations of Intermediary Service Providers: Intermediary service providers facilitating online commercial platforms must:

• Ensure that the necessary information is provided in product listings.
• Remove non-compliant content within 24 hours.
• Inform end users about recalled products.
• If the intermediary service provider is aware of the non-conformity of a product available on the market, immediately take steps to remove or prevent access to the content of the product in the electronic commerce environment and inform the competent authority.
• shall regularly keep a record of the name, registered trade name or trademark and contact information of the previous and, if any, the next economic operator in the supply chain and other information that will facilitate the tracing of the product, and shall keep these records for at least ten years from the date the product is placed on the market or made available on the market through its online interface and shall submit them upon request of the competent authority.

3. ADMINISTRATIVE SANCTIONS AND INSPECTION AUTHORITY

• Administrative Fines: Parties failing to comply with the Regulation will be penalized under the Product Safety and Technical Regulations Law.
• Access Restriction: If non-compliant products continue to be sold, access to such content will be blocked.
• Advertising Cessation: Advertisements for non-compliant products on radio, television, or online platforms will be stopped.
• Product Recall: Products found in violation of the Regulation will be withdrawn or recalled from the market.
• Temporary Measures: In case of serious risks, the sale and promotion of products may be temporarily suspended.

4. WHO WILL BE AFFECTED BY THE NEW REGULATION?

 The Regulation willaffect;

• Foreign companies that are not established in Türkiye but sell products to consumers in Türkiye,
• E-commerce platforms and the companies providing services to these platforms,
• Manufacturers, importers, logistics service providers, and authorized representatives.

5. ENTRY INTO FORCE

The Regulation will enter into force on April 1, 2025.

6. CONCLUSION AND EVALUATION

This Regulation aims to enhance consumer safety in distant communication-based sales and strengthen market oversight. All stakeholders connected to the Turkish market is required to review their processes and implement necessary changes to comply with the new regulations. In particular, foreign e-commerce platforms targeting Turkish users will face a critical compliance process.