Regulation on Market Surveillance and Inspection of Products Offered to the Market through Remote Communication Tools
The Regulation on Market Surveillance and Inspection of Products Offered to the Market through Remote Communication Tools (Regulation) is published in the Official Gazette dated 30.10.2024 and numbered 32707. The Regulation sets out the conditions for offering products to the market, including the rules for advertisements, and the responsibilities of the relevant operators and authorized institutions, and enters into force on 01.04.2025.
The significant issues stipulated in the Regulation are summarized below:
- It is stipulated that in for a product to be offered to the market or kept on the market by using remote communication tools, the product must comply with the relevant technical regulations or the General Product Safety Regulation.
- For certain products to be deemed as being offered to the market, the sale must target end-users in Türkiye, and the conditions under which economic operators target end-users resident in Türkiye are determined.
- For products to be offered to the market through remote communication tools, an economic operator resident in Türkiye is required.
- The information required to be provided by the economic operator in the sales announcement is determined.
- The obligations of the authorized representative, the service provider and the intermediary service provider are provided in detail by covering the cases where there is no manufacturer, importer or authorized representative based in Türkiye. The duties, powers and responsibilities of the authorized bodies responsible for product safety inspection and supervision are determined.
- It is stated that to facilitate product safety inspection, information society service providers, intermediary service providers and postal service providers are obliged to cooperate with the authorized institutions.
- It is stipulated that those who act contrary to the provisions of the Regulation shall be subject to administrative sanctions following the provisions of Product Safety and Technical Regulations Law No. 7223 and the relevant legislation.
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