DRAFT LAW ON PRODUCT SAFETY  AND TECHNICAL REGULATIONS  
PART ONE 
Objective, Scope and Definitions  
Objective  
ARTICLE 1  – (1) The objective of this Law is to  ensure the safety of products and 
their compliance with the relevant technical regulations. 
Scope  
ARTICLE 2 –  (1) This Law shall apply to: 
a) All kinds of products whic h are already on the market or  intended to be placed on the 
market by means of domestic production at the e nd of a manufacturing process or importation, 
including products manufactured or assembled for the manufacturer’s own use, except for 
foods, fodder, living plants and animals, genetica lly modified organisms, herbal products used 
in plant derivation, animal by-products and deri vative products of the same, plant protection 
products, and products of antique quality; 
b) Products within the scope of subparagrap h (a) that are intende d for export to the 
European Union by means of production in Tu rkey or release into free circulation; 
c) Products which are produced  on the basis of an order and completed upon assembly, 
installation or commissioning;  
ç) Businesses that re-issue to the market or commission a product which is already on 
the market or in use by applying a process to it so as to affect its technical properties or its 
conformity with general safety requirements 
(2) In cases where special laws apply to the products, the provisions of this Law shall be 
applicable where those special laws contain no such relevant provision 
(3) This Law shall not apply to products manuf actured in Turkey and intended for export 
to countries outside the European Union. Ho wever, this provision shall not impede the 
authorised institutions from carrying out the required controls and taking the necessary 
actions if there is compelling evidence in any sector of violation of the requirements for 
human health and safety, animal or plant he alth and environmental protection, or of the 
presence of markings, labelling or adu lteration so as to mislead the buyer. 
Definitions  
ARTICLE 3 –  (1) For the purposes of this Law the following terms shall have the 
following meanings: 
a) Ministry: Ministry of Economy,  
b) “CE” marking: the mark showing that the pr oduct is in conformity with all the rules 
concerning the use of the "CE" marking, 
c) Serious risk: Any kind of risk that requi res immediate action and regular follow-up, 
including one that does not become  apparent in the short term, 
ç) Distributor: Natural or legal person, other than the manufacturer and the importer, 
who maintains a product in the market by including it in its supply chain,  
d) Recall: Any measure aimed at return ing a product already at the end user,  
e) Safe product: Any product that does not pose any ri sk at all under normal or 
reasonable usage conditions or that poses the minimum acceptable risk in connection with the 
use of the product, and which ensures a high le vel of protection for human life and safety, 
provided that its service life a nd, where applicable, the rule s and instructions regarding 
putting into service, installation and ma intenance are taken into consideration,  
f) Economic enterprise: Manufacturer, au thorised representative, importer or 
distributor,  
g) Manufacturer: Natural or legal person who markets a product under its own name or trademark by manufacturing such product or  having it designed or manufactured,  
ğ) Importer: Natural or lega l person residing in Turkey who brings a product from 
outside Turkey’s customs zone and supplies it to the domestic market,  
h) Market surveillance and inspection: Ac tivities executed and measures taken by the 
authorised institutions to prevent the products fr om causing hazards in terms of health, safety 
or any other matter of public inte rest and to ensure that they  are in conformity with any 
relevant technical regulations,  
ı) Placing on the market: Releasing a product onto the domestic market for the first 
time,  
i) Making available on the ma rket: Supplying a product to the domestic market through 
a commercial activity for distribution, consumpt ion or utilisation with  or without a price,  
j) Withdrawal from the market: All kinds of measurements aimed at preventing the 
presence on the market of a supply-chain product,  
k) Risky product: any product that has the pot ential to negatively affect human health 
and safety, occupational health  and safety, consumer protec tion, the environment and public 
safety or any other matter of public interest under normal or reasonable usage conditions, 
provided that the service life and, where app licable, the rules and instructions regarding 
putting into service, installation and main tenance are taken into consideration, ,  
l) Technical regulations: All kinds of mandatory procedur es, including administrative 
provisions, which severally or jointly handle and determine a product’s quality, processing or 
production methods or evaluation processes, an d its terminology, symbol, packaging, marking, 
labelling or conformity assessment,  
m) Conformity assessment: Process that eval uates whether or not certain requirements 
relating to a product, process, syst em, person or entity have been met,  
n) Conformity assessment body: Institution that performs conformity assessment 
including calibration, testing, ce rtification and inspection,  
o) Nonconformity: Failure to comply with th e provisions of this Law, the application 
procedures of this Law or the relevant t echnical regulations, or the general safety 
requirements, if applicable,  
ö) Authorised body: The public institution whic h is authorised to prepare or execute the 
legislation pertaining to a product or product group, or to audit such products,  
p) Authorised representative: Natural or  legal person residing in Turkey, who is 
designated by the manufacturer in writing to fu lfil some of the manufacturer’s liabilities on its 
behalf within the scope of this Law and the legi slation to be issued on the basis of this Law,  
r) Product: Any kind of substa nce, preparation or article produced as a result of a 
production process.  
 
PART TWO  
Technical Regulations, Product Safety, General Safety Requirements for Consumer 
Products, Product Responsibility and Liabilities of Economic Establishments  
Technical regulations  
ARTICLE 4  – (1) Products which do not conform to  their technical regulations cannot 
be placed on the market or made available on the market without eliminating such 
nonconformity, and shall be withdr awn if already on the market or recalled if at the end user. 
(2) Technical regulations shall be prepared, implemented and applied by the authorised 
bodies in accordance with the procedures and principles in items three and four. 
(3) Authorised bodies shall prepare technical regulations with a view to the public 
interest and such issues as the protection of human health and life as well as property, the 
health of animals and plants or ensuring en ergy efficiency in a way as not to hinder competition and by setting  appropriate, proporti onal, connectional, explicit and applicable 
provisions which do not go beyond their purpose. 
(4) Authorised bodies shall open the technical regulations they have drafted to the 
opinions of all related parties and in cases wher e the legislation and international obligations 
require so, they shall notify the relevant international parties duly. 
(5) The authorised body, if necessary, may assign its power to make technical 
regulations to another body which is authorised in terms of the same or a different product. 
Product safety  
ARTICLE 5  – (1) Any product which is not safe ca nnot be released into the market or 
made available in the market, and shall be withdrawn if already in the market or called back if 
at the end user. 
(2) Products that meet the related rules of technical regulations put into force by being 
prepared in accordance with the procedures and principles included in items three and four of 
article 4 to protect human health and safety shall be deemed safe. 
General safety requireme nts in consumer products  
ARTICLE 6  - (1) In cases where the technical re gulations stated in  second item of 
article 5 do not exist or in cases where the related technical regula tions do not include the 
product properties which may present risk in te rms of human health and safety, evaluation of 
the safety of a product which is intended for users or may be used by the consumers under 
reasonable conditions shall be car ried out in accordance with the general safety requirements 
determined by the regulating processes to be set forth on the basis of the Law. 
Product responsibility  
ARTICLE 7  - (1) If a product causes death or injury of a person or damage to a 
property due to its failure to meet the product safety conditions stated  in article 5 or, if 
applicable, the general safety requirements re ferred to in article 6, the manufacturer or 
importer, if it is an imported product, of that product shall be held responsible for the loss and 
damage that has arisen without searching for its  fault and shall be liable for such debt under 
this Law. For the accrual of compensation debt  for damages that occurred on the property, it 
is essential that the damaged good must be a product out of the noncompliant product, it must 
be normally intended for personal use and shoul d have been used by the suffering person for 
personal purposes. 
(2) In order for the manufacturer or the importe r be held responsible, sufferer is obliged 
to prove the nonconformity of the product, th e loss it has suffered and the casual relation 
between the nonconformity and the lo ss. According to the characteristics of th e concrete event, 
if the product is likely to bear a loss of the emergent type, such casual relation shall be 
deemed existent. 
(3) If indemnity obligation for more than one economic enterprise arises in connection 
with the loss caused by a nonconforming product, they shall be held re sponsible jointly and 
individually. 
(4) Contracts which release the economic ente rprise from product responsibility or 
reduce such responsibility sh all be considered invalid. 
(5) Provisions of the Turkish Code of Oblig ations dated 11/1/2011 and numbered 6098 
pertaining tort acts shall apply for determin ing the amount of the material and moral 
indemnities to be paid for the loss caused by a nonconforming product as well as the 
prescription period. 
Obligations of manufacturer 
ARTICLE 8 –  (1) Manufacturer shall; a) Only release into the market the produc ts designed and manufactured in accordance 
with the technical regulations  and the general safety re quirements, if applicable, 
b) Arrange the technical file  required by the procedures, make conformity assessment 
transactions or have them ma de, arrange the declaration of conformity or other documents 
that show the conformity and place th e sign of conformity on its product, 
c) Keep the files and documents stated in subparagraph (b) throughout the duration 
specified in the procedures or for at least ten years as of the date of release of the product into 
the market in cases where no duration is specified, 
ç) Takes necessary measures to maintain the conformity of th e product to the rules 
throughout the mass production; follows up the cha nges in the qualities or in the rules it 
declared and do what is necessary, 
d) Proportional to the possible risks they bear, it  shall take samples from the products in 
the market to test and investigate, keep r ecords of complaints, nonconforming products or 
products that were called back and inform  the distributors about its surveillance. 
e) Ensure the product to bear the type, batch, serial number or other information that 
will help distinguish the product which the legisla tion require in a visible and legible way; in 
cases where the dimensions and nature of th e product do not allow this, it shall ensure 
inclusion of such information on the produc t package or in a document accompanying the 
product,  
f) Where required by the legislati on, specify the name, register ed title or trademark and 
its open mail addresses on the pr oduct or, if this is not possible,  on the product package or in a 
document accompanying the product, 
g) Provide end users with the necessary inform ation to enable them to assess the risks 
which the product may bear and to avoid them, and take measures against these beforehand, 
ğ) Ensure that the informa tion on the product or on the product package or in the 
documents accompanying the product as specified in subparagraph (g) as well as the 
instructions for installation, operation and mainte nance and the safety rules to be in Turkish, 
h) In cases where it knows or has to know  about nonconformity of a product it has 
released into the market, make the product compliant with the requirements and cease 
supplying the product as necessary, promptly take necessary corrective acti ons to withdraw or 
call back the product from the market; in cases where the product displays a risk, immediately 
notify the authorised bodies in  detail about the issu es comprising a risk  with regard to 
primarily health and safety as well as the corrective actions, 
ı) Carry out the instructions of the authorised  bodies with regard to activities performed 
to eliminate the risks carried by the products it had released into the market and provide all 
information and documents showing the conformity  of the products in Tu rkish or in another 
language which the author ised body may approve, 
i) Make official registration transactions  or have them made as necessary and as 
required by the legislation. 
Liabilities of the authorised representative  
ARTICLE 9 – (1) The manufacturer may assign an authorised representative by stating 
explicitly, comprehensibly and in writing the nature, conditions, if any, and limits of the 
power and duties it has assigned. 
(2) The authorised representative shall accomplish the tasks not limited by the legislation 
and assigned to it by the manuf acturer in a fashion stated in item one. However, even if it is 
not written in such designation letter, the author ised representative shall be obliged to keep 
the documents that show the product conformity  required by the techni cal procedures during 
the period specified in the procedures or, if such  period is not specified, at least for ten years 
as of the date of release of the product into  the market, and to provide the same to the authorised body upon request in Tu rkish or in another language to  be agreed by the authorised 
body and to fulfil the instructions of the author ised body in activities made to eliminate the 
risks which the products under its authority carry. 
Liabilities of the importer  
ARTICLE 10 –  (1) The importer shall; 
a) Only release into the market the products  that comply with the technical regulations 
and the general safety requi rements, if applicable, 
b) Before supplying a product into the mark et, confirm that the manufacturer has 
completed the conformity assessment transactio ns required by the procedures and that it has 
arranged the technical file, th e product bears the compulsory conformity sign or signs, 
necessary documents are accompanying the product and that the manufacturer has fulfilled 
the liabilities regulated in subpara graphs (e) and (f ) of article 8, 
c) In cases where it knows or has to know that a product is not in conformity, it may not 
release such product into the market before making the product compliant and in each case the 
product constitutes a risk, notify the manu facturer and the authorised bodies, 
ç) Where required by the legisl ation, specify the name, regist ered title or trademark and 
its open mail addresses on the pr oduct or, if this is not possible,  on the product package or in a 
document accompanying the product; it shall also ensure that the information it has put does 
not prevent visibility of the ones wh ich had been put by the manufacturer, 
d) Provide end users with the necessary inform ation to enable them to assess the risks 
which the product may bear and to avoid them, and take measures against these beforehand, 
e) Ensure that the informati on on the product or on the product package or in the 
documents accompanying the product as specified in subparagraph (d) as well as the 
instructions for installation, operation and mainte nance and the safety rules to be in Turkish, 
f) When the product is under its own res ponsibility, ensure th at the storage and 
transportation conditions do not risk the conf ormity of the product with the relevant 
provisions of the technical procedures or ge neral safety requirements, if applicable, 
g) Proportional to the possible ri sks they bear, it shall take samples from the products in 
the market to test and investigate, keep r ecords of complaints, nonconforming products or 
products that were called back  and inform the manufacture r and distributors about its 
surveillance. 
ğ) In cases where it knows or has to know about nonconformity of a product it has 
released into the market, make the product compliant with the requirements and cease 
supplying the product as necessary, promptly take necessary corrective acti ons to withdraw or 
call back the product from the market; in cases where the product displays a risk, immediately 
notify the authorised bodies in  detail about the issu es comprising a risk  with regard to 
primarily health and safety as well as the corrective actions, 
h) Keep the documents that show the produc t conformity required by the procedures 
during the period specified in the procedures or, if  such period is not specified, at least for ten 
years as of the date of release of the product in to the market, and to pr ovide the same to the 
authorised body upon request in Tu rkish or in another language to  be agreed by the authorised 
body, 
ı) In activities made to eliminate the risks being carried by the products it has released 
into the market, carry out the inst ructions of the authorised body, 
i) Make official registration transactions  or have them made as necessary and as 
required by the legislation. 
Liabilities of distributor  
ARTICLE 11 –  (1) The distributor shall; 
a) Before supplying a product into the mark et, confirm that the product bears the compulsory conformity sign or signs, the neces sary documents, instructions and safety rules 
in Turkish are accompanying the product, and that the manufacturer has fulfilled the liabilities 
regulated in subparagraphs (e) and (f) of article 8, or if the product was imported, 
subparagraph (ç), item  one of article 10, 
b) In cases where it knows or ha s to know that a product is not in conformity, it may not 
have such product in the market before ma king the product compliant and in each case the 
product constitutes a risk, notify the manufactur er or importer and the authorised bodies, 
c) When the product is under its own respons ibility, ensure that the storage and 
transportation conditions do not risk the conf ormity of the product with the relevant 
provisions of the technical procedures or ge neral safety requirements, if applicable, 
ç) In cases where it knows or has to know  about nonconformity of a product it has 
released into the market, confirm that the ma nufacturer or importer has taken the necessary 
corrective actions to make the product complia nt with the requirements and promptly take 
necessary corrective actions to withdraw or call back the produc t from the market; in cases 
where the product displays a risk, immediately no tify the authorised bodie s in detail about the 
issues comprising a risk with regard to primar ily health and safety as well as the corrective 
actions, 
d) Cooperate with the relevant economic ente rprise with regard to  activities performed 
to eliminate the risks carried by the products it had released into the market and provide all 
information and documents showing the confor mity of the products to carry out the 
instructions of the authorised body, 
Cases where the liabilities and product res ponsibility of the manufacturer apply to 
other economic enterprises  
ARTICLE 12  – (1) Importers, which release a product into the market under its own 
name or trademark or which modify a released  product as to affect the conformity of the 
product with the technical proced ural conditions or, if applicab le, with the general safety 
requirements, and the distributo rs shall be deemed manufactur er under the scope of this Law 
and shall be responsible to fulfil the liabili ties of a manufacturer st ated in article 8. 
(2) In cases where the manufacturer, authorised  representative or importer of a product 
cannot be determined, a distributor who fails to  advise the name and contact information of 
the manufacturer or, if the product was imported, aut horised representative or  importer, or if it 
does not have such information, the name and contact information of the previous economic 
enterprise included in the suppl y chain within ten days following a notification made by the 
authorised body shall be considered a ma nufacturer under the scope of this Law. 
(3) With regard to product res ponsibility, in cases where th e manufacturer, authorised 
representative or importer of a product cannot be determined, a di stributor who fails to advise 
the person who suffers the loss the name and c ontact information of such economic enterprise 
or if it does not have such information, the name and contact inform ation of the previous 
economic enterprise included in the supply chai n within a reasonable time shall be held 
responsible like a manufacturer under the scope of this Law. 
Traceability  
ARTICLE 13  - (1) Economic enterprises shall regul arly keep the records of the name, 
commercial title or brand and contact inform ation of the previous and next economic 
enterprise, if any, as well as other information which may facilitate trace ability of the product; 
shall keep the same for at least ten years as of  the release of the product into the market and 
shall submit these to the authorised body upon request. 
PART THREE 
Conformity Signs and Certif icates, Conformity Assessmen t Transactions and Bodies  Conformity signs and certificates, conformity assessment transactions  
ARTICLE 14  – (1) In order to releas e or have a product in the market or offer it to the 
service of the user, the compulsory conform ity assessment transactions anticipated in 
connection with that product in the technical  regulations have to be completed and 
affirmatively concluded. 
(2) It is strictly prohibited to arrange and us e contrary to fact, deface or imitate all kinds 
of conformity signs for the products required by a technical regulation including primarily the 
"CE” marking as well as conformity certifi cates, test reports a nd other documents.  
(3) Compulsory conformity signs may only be used on products which are dictated by 
the technical regulations and ca nnot be used on other products. 
(4) Signs and certificates which show the c onformity of a product shall be arranged and 
used in accordance with the procedures and principles set forth in the implementation 
legislations of this Law or  in technical regulations. 
(5) Other signs or descriptio ns which may mislead the third persons about the meaning 
and form of “CE” marking of a product may not  be placed. All other ki nds of signs may only 
be placed on the product as not  to disrupt the visibi lity, legibility and meaning of the “CE” 
marking. 
Conformity assessment bodies and certified institutions  
ARTICLE 15 – (1) In cases required by the tec hnical regulations, authorised bodies 
may designate a conformity assessment body or a certified institution within the frame of the 
procedures and conditions stated in the implem entation legislation of this Law and in the 
technical regulations. 
(2) Whether or not an official designation, conformity assessment bodies shall be 
responsible against the authorised body which ex ecutes this technical regulation due to their 
activities within the scope of a technical regulation. 
(3) Conformity assessment bodies shall; 
a) Perform its services transparently by act ing independently and neutrally without 
making any discrimination within the frame of th e procedures and principles included in the 
implementation legislation of this La w and in the technical regulations, 
b) Keep all kinds of documents and record s regarding its activ ities throughout the 
period specified in the technical regulations or, if  no period is stated, for at least ten years as 
of the date such documents and records are arranged, and submit these to the authorised 
bodies upon request. 
(4) Authorised bodies shall, as necessary, obs erve and supervise if the conformity 
assessment bodies within its pow er continue to carry the qua lifications stated in the 
implementation legislation of this Law and in the technical regulations, if they carry on 
fulfilling their responsibilities an d if they maintain the activ ities in accordance with the 
condition set. 
(5) If the results of the observations and supervis ions stated in item four are negative, the 
authorised body may give the conformity assessment body a reasonable time period apart 
from emergency cases to correct such nonconform ities. It may suspend or restrict the subject 
matter activity of the conformity assessmen t body throughout such nonconformity. In case of 
failure to remove the nonconformity within th e given time, the activities of the conformity 
assessment body may be restricted for a specific time or indefinitely by the authorised body 
proportionally to the weight of the nonconformit y, or it may be completely stopped; if this 
conformity assessment body is a certified institu tion, such status of it  may be drawn back. 
Authorised body shall announce these tran sactions through appropriate ways.  
(6) From among the conformity assessment bodies which had been designated by the 
authorised body, those whose activities have been stopped or who cease their own activity, shall hand in the documents and certificates th ey have regarding the conformity assessment 
transactions which they will not perform, to the authorised body. 
PART FOUR 
Inspection of Products, Duties, Responsib ilities and Powers of Authorised Bodies  
General procedures and principles relating inspection of the products  
ARTICLE 16  – (1) Authorised bodies shall perform inspection to verify the conformity 
of the products they are supposed to control with  the technical regulations and general safety 
requirements. 
(2) The inspection stated in item one shall pr incipally be carried out through market 
surveillance and inspection during the time the produc t is in the market from its release until 
the stage it reaches the end user. However, it may also be carried out in cases required and 
conditions anticipated by the technical regulations that were put into force after being drafted 
as stated in items three and four  of article 4, before the product is released into the market, 
during import, export, installation or assembly st ages, when offered to the service or when in 
use during the process of  providing a service. 
(3) Inspection is the duty of and under the res ponsibility of the authorised bodies. The 
authorised body shall perform the inspection or, when necessary, may assign this duty to 
another authorised body which has the capacity  to make inspection. Assignment of power 
may also include application of sanctions regulated in this Law and taking actions.  
(4) Authorised bodies shall carry out their in spection task independently, neutrally and 
without discrimination and apply their power  by obeying the principl e of proportionality. 
(5) Authorised bodies shall build the administ rative and technical structure necessary for 
an effective and fast product inspection, prepar e plans and programs and cooperate with other 
authorised bodies. Coordination between the authorised bodies in the area of product 
inspection shall be ensured by the Ministry. 
(6) A product’s having the certifi cates or signs showing the conformity of that product 
with the technical regulations or general safe ty requirements may not prevent the authorised 
bodies to inspect that product in accordance with the requir ements of this Law or to take 
measures stated in this Law for the produc t or apply sanctions to the related ones. 
(7) In case of determining that the inspected product is not in conformity with the 
requirements at the end of the tests and exam ination carried out, sampling, test, examination 
and other expenses relating these shall be  met by the manufacturer or the importer. 
(8) Procedures and principles relating confor mity of foreign trade products with the 
technical regulations and genera l safety requirements shall be  determined by the Technical 
Regulations Regime Decision to be enact ed by the Board of Ministers.    
Duties, responsibilities and powers of auth orised bodies in market surveillance and 
inspection 
ARTICLE 17  – (1) Authorised bodi es may inspect the products in any place where 
they are supplied in the market, sold and distri buted with or without a price, in warehouses, 
workplaces, on transportation vehicles and, if n ecessary, at the producti on plants, and if the 
product is completed after installation or assemb ly, at places of such processes or where they 
are offered for the services as well as in instal lations where they are subjected to a process to 
be re-supplied in the market, and may request the documents, information and records they 
require from the economic enterprises. 
(2) Authorised bodies shall inspect the produc ts within a specific program, at adequate 
scale and frequency, by checking the signs and documents and sensory examining as well as 
by taking samples as necessary to examin e or test, and record such works. 
(3) If the authorised body, as a result of the in spections it has carried out or information, notifications or complaints it  has received, is convi nced that there is enough evidence that a 
product in the market or a product being used fo r getting services carries risk, it shall perform 
a risk assessment. Ultimate decision on if a product is risky or not shall be  based on this risk 
assessment by considering the nature of the hazard which such risk may bring forth and 
possibility of actualization of it.  Possibility of a higher safety level or existence of products 
with lower risks in the market does not mean  that a product is not safe or is risky.  
(4) In case of lack, incompleteness or insuffici ency of the CE marking that shows the 
conformity of the product with  the technical regulations a nd other compulsory signs and 
certificates, or technical file, label and instructio ns required by the technical regulations, or if 
these are incomplete or insufficient, or if they are misused, the au thorised body shall deem 
that sufficient grounds exist regard ing product’s carrying risk as st ated in item three. In this 
case, independent of the result of the risk as sessment it shall carry out, the authorised body 
shall request from the economic enterprise to remove the nonconformities  within the scope of 
this item it has detected  and to withdraw or call back these from the market if this cannot be 
performed. 
(5) Except for the cases where the product pres ents serious risks, the authorised body 
shall give the economic enterprise  at least a 10-day period to defend itself and/or to take the 
corrective actions before making a final decision  relating the measures. In the notification it 
shall send to the economic enterprise, the authorised body shall inform the economic 
enterprise about the measurement decision it made  within the scope of this Law, grounds for 
such decision, and the legal remedies and appeal which the enterprise may exercise as well as 
the time limits. 
(6) In cases where the economic enterprise fails to take corrective actions as below 
automatically, the authorised body shall request fr om the economic enterprise to take some of 
these measures which it deems appropriate and necessary, by setting a time limit as necessary: 
a) Notifying the authorised body completely and in detail  about the risks the product 
carries and the corrective actions taken, 
b) If the product is not in conformity with the requirements in the technical regulations 
thereof which it is subject to, taking necessary act ions to make the produc t in conformity with 
these requirements, 
c) Marking the products which may carry a risk under certain circumst ances or in terms 
of certain persons with clear and easily compre hensible warnings in Turkish about such risks 
and stating these risks explicitly  in the installation, operation and maintenance instructions 
included in the documents accompanying the produc t or subjecting it to prerequisites that will 
ensure its release into the ma rket and warning people under risk about risks in a timely and 
appropriate manner, 
ç) Temporarily stopping or suspension of existence or offering or exhibiting the 
products in the market, about wh ich there is clear evidence that they bear serious risk, 
throughout a period which may be required fo r necessary evaluations and controls, 
d) Stopping release of products which carry se rious risk, prevent th eir existence in the 
market, withdrawal or calling back from the ma rket, taking necessary actions to ensure the 
distributors to be aware of a nd to obey these decisions and warning the end users about the 
risks that the product carries, destroying or disabling the products in proper conditions, 
ceasing offering, exhibiting, advertising and promoting them,  
e) Confirming of the measures taken by the economic enterprise to the authorised body 
that they were effectively and completely a pplied for each product supplied in the market and 
which is the subject of the measure. 
(7) Item six shall not prevent the authorised  body's request from the economic enterprise 
the measures which it sees necessary or other measures included in the technical regulations 
that is put into force by being draf ted as specified in items three a nd four of article 4 or to take such measures itself. 
(8) The authorised body shall announce the corrective actions taken by the economic 
enterprise as specified in item six as well as th e measures within the scope of this Law it took 
by itself, via its own website by obeying article 24 or through other appropriate ways which it 
sees necessary. 
(9) As of one year from the effective date of this Law, authorised bodies shall set up a 
Product Safety Help Desk which everybody may send their complaints relating the subjects 
within the scope of this Law to  or get information from and sh all announce in an appropriate 
way the subjects within the work field of  this unit and the contact information. 
Other powers of authorised  bodies relating inspection  
ARTICLE 18  – (1) If the authorised body, during th e inspection it had carried out prior 
to releasing the product into the market, determines nonconformity of the product, it may not 
allow release of the product into the market for a definite or indefinite time proportional to the 
risk the product carries or it may tie up releasing of it into the market to  prerequisites that will 
ensure its conformity. In cases where nonconfor mity cannot be eliminated or is presenting 
serious risk, it may request from the economic enterprise to destroy or disable the product 
through appropriate ways. 
(2) If the authorised body encounters any nonconf ormity during installation, assembly or 
commissioning of the product or when the product is being used in the process of providing a 
service, it may request from the economic enterp rise to take the appropriate measures from 
among the ones counted in item six of article  17 or those referred to in item seven.  
(3) Failure of economic enterprise to take the necessary actions or to take them in a 
timely manner or if the authorised body finds the measures taken incomplete or insufficient or 
in case of failing to determine the economic enterprise, authorised body shall take the 
measures set forth in subparagraph (d), item six of article 17 and items one and two of this 
article itself on condition that the expenses  of these are collected from the economic 
enterprise. 
Announcing the measures taken by the economic enterprises  
ARTICLE 19  – (1) Economic enterprise, which takes the measures required by the 
Law by itself or upon request of the authorised body, shall announce as necessary and 
effectively these measures and information about the risks which the product involves. 
(2) Announcement stated in item one sha ll include the following information: 
a) Make, model or type name or other disti nguishing characteristic s that will introduce 
the product, 
b) If possible, a photograph or depiction of the product, 
c) The measure taken, 
ç) Explicit and clear description of th e problem that necessitates the action, 
d) Name, address and other contact informati on of the responsible economic enterprise, 
e) Methods recommended for avoiding ri sk or eliminating the problem. 
(3) If the authorised body does not find th e announcement or form of announcement 
stated in item one appropriate or finds it insufficient, it may request repetition of the 
announcement by using more suitable ways and methods.   
(4) Distributors are obliged to transmit the information about risks and measures relating 
the product which the economic enterprise advises them to the next dist ributor in the supply 
chain and to post the announcement stated in ite m one to places where the customers can see 
or access easily. 
Calling back the product  
ARTICLE 20  – (1) In cases where other measures are insufficient or will be insufficient to prevent the risks, action to ca ll the product back is applied if the economic 
enterprise deems it necessary or upon the request of the authorised body to do so. 
(2) The economic enterprise, which took a d ecision for calling back the product, shall 
announce such measure by adding the following in formation in addition to those stated in 
item two of article 19: 
a) Delivery or repair address for the product and contact points, 
b) Offers and options submitted to the end user. 
(3) The economic enterprise shall offer at l east one of the following options to the end 
user which hands in the product: 
a) If possible, elimination of the probl em that caused calling the product back, 
b) Paying the retail sales price of the product on the date of delivery, or 
c) Replacing it by another reliable product equivalent to it and which complies with its 
technical regulation.  
(4) All expenses related to calling back the product shall be undertaken by the economic 
enterprise that called back the product. The economic enterprise is obliged to provide 
necessary conditions to deliver the product to the end user timely and easily  without incurring 
additional encumbrance. 
PART FIVE 
Administrative Fines and Power and Object ion for Fines and Miscellaneous Provisions  
Administrative fines  
ARTICLE 21 –  (1) Following administrativ e fines shall be applied; 
a) Those who violate provisions of technica l regulations relating product safety as 
referred to in subparagraph (a), item one of ar ticle 8 and subparagraphs  (a) and (c), item one 
of article 10 of this Law and the general safe ty requirements shall be fined from 100 thousand 
to 200 thousand Turkish Liras, 
b) Those who violate provisions of technical regulations not relating product safety as 
referred to in subparagraph (a), item one of ar ticle 8 and subparagraphs  (a) and (c), item one 
of article 10 of this Law shall be fined fr om 10 thousand to 200 thousand Turkish Liras, 
c) Those who violate subparagraph (h), item one of article 8 and subparagraph ( ğ), item 
one of article 10, items one and two of article 14, and article 20 of this Law shall be fined 
from 50 thousand to 200 thousand Turkish Liras, 
ç) Those who violate subparagraphs (d), (g) and ( ı), item one of  article 8 and 
subparagraphs (d), (e), (g) and ( ı), item one of article 10, item three of article 14, and 
subparagraph (a), item three of  article 15, and item six of this Law shall be fined from 50 
thousand to 120 thousand Turkish Liras, 
d) Those who violate subparagraph (b), item one of article 8 and subparagraph (b), item 
one of article 10 of this Law shall be fined from 50 thousand to 80 thousand Turkish Liras, 
e) Those who violate subparagraph (b) and (ç), item one of article 11 and item four of 
article 14 of this Law shall be fined fro m 10 thousand to 80 thousand Turkish Liras, 
f) Those who violate subparagraphs (c), (ç) (e), (f), ( ğ) and (i), item one of article 8, 
item two of article 9, subpara graphs (ç), (f), (h) and (i ) item one of article 10, and 
subparagraph (b), item three of article 15 of th is Law shall be fined from 30 thousand to 50 
thousand Turkish Liras, 
g) Those who violate subparagraph  (a) and (c), item one of article 11 and item five of 
article 14 of this Law shall be fined fro m 10 thousand to 30 thousand Turkish Liras, 
ğ) Those who violate subparagraph (b) and (ç),  item one of article 11 and item four of 
article 13 of this Law shall be fined fro m 10 thousand to 20 thousand Turkish Liras. 
(2) An administrative fine from 10 thousand to 50 thousand Turkish Liras shall be 
applied to the real or legal persons who preven t working of employees of the authorised body assigned for inspection. 
(3) Workplaces which, with their intervention, ne gatively affect the conformity of the 
product with its technical regulations or with the general sa fety requirements where applicable, 
are within the scope of subparagraph (ç), it em one of article 2 shall be fined to an 
administrative fine from 10 thousand to 10 0 thousand Turkish Liras, and a warning, 
temporary or permanent cease of activity  shall be applied when necessary. 
(4) An administrative fine from 10 thousa nd to 100 thousand Turkish Liras or, as 
necessary, a warning, temporary or permanent ban fr om export shall be app lied to real or legal 
persons that export products or  aim to export products which do not comply with the content 
of item three of article 5. 
(5) For activities stated in subparagraphs  (c), (ç), (d), (e ), (f), (g) and ( ğ) of item one, 
fines stated in subparagraphs (a) and (b) of  item one may not be applied additionally.   
(6) In case of repetition of the activity fo r the same product, the administrative fines 
stated in items one, two and three shall be applie d two-fold of the previous administrative fine 
for each repetition. 
(7) The administrative fines imposed in accordance with this Law shall not constitute a 
hindrance for application of administrative measures. 
Release of economic enterprise from responsibility  
ARTICLE 22  – (1) Administrative fines arranged in this Law shall not be applied to 
economic enterprises which, upon determining nonc onformity of a product they released in 
the market, entirely remove the nonconformity  by automatically reacting and taking the 
necessary measures including cal ling back the product to rem ove the nonconformity and to 
eliminate the risk without demand and warning of  the authorised bodies. This provision shall 
not affect the responsibility of the economic en terprise for losses arising from nonconformity 
as regulated in article 7. 
(2) If the manufacturer or the importer prove s one of the following, administrative fines 
arranged in this Law sha ll not be applied to them  and they shall be released from the product 
responsibility: 
a) It did not release the product into the market, 
b) Considering all cases and conditions, nonconf ormity sourced from a treatment or 
intervention of the distributor or a thir d party on the product or from the user, 
c) Nonconformity of the product emerged fr om its production in accordance with 
technical regulations or other compulsory technical rules.  
(3) Manufacturer of a by-product may be releas ed of its product responsibility by 
proving that the nonconformity of the product sourced from the design of the end product 
manufactured by using a by-product or from  the instructions given by the end product 
manufacturer. 
(4) That the loss had arisen from an act or negligence of a third person along with the 
product’s nonconformity shall not  release the responsibility of  the manufacturer or the 
importer as regulated in article 7; however, ri ght of recourse of th e manufacturer or the 
importer against such third person is reserved. 
(5) If the loss had arisen from a fault or act  of the sufferer or a person who is under 
responsibility of the sufferer along with the product’s nonconfor mity, responsibility of the 
manufacturer or the importer as regulated in ar ticle 7 may be reduced or completely abolished 
depending on the events and conditions. 
Reimbursement of expenses and power a nd objection for administrative fines  
ARTICLE 23 –  (1) Administrative fines determined in this Law shall be imposed by 
authorised bodies. Expenses stated  in item seven of article 16 a nd item three of article 18 shall 
be vouched to the relevant economic enterpri se by the authorised body which incurred the expenditure.  Persons to impose administrative fi nes and conditions of su ch fines, procedures 
and principles for the transactions related to reimbursement of expenses, limits and 
coordination of power shall be determined by communiqués to be issued by the authorised 
bodies.  
(2) One may opt to take legal steps in accordance with the provisions of the 
Administrative Trial Procedures Law dated 6/1/1982 and numbered 2577 against 
administrative sanction decision s ruled under the provisions of th is Law. Filing an annulment 
action at the Administrative C ourt against fines or administrative measures imposed shall not 
stop execution of the decision. 
(3) Law about Collection Proce dures of Public Receivabl es No 6183 shall apply for 
reimbursement of administrative fines a nd expenditures imposed under this Law. 
Confidentiality, commercial secrets, transparency  
ARTICLE 24  - (1) Authorised bodies shall take th e necessary measures to protect the 
confidentiality of information they received during execution of this  Law on private lives, 
commercial secrets or relevant to intellectual and industrial property rights. However, any 
disclosure made under human health and safety cases required by this Law as well as other 
laws shall not fall within this scope. 
Application procedures  
ARTICLE 25  – (1) Procedures and principles re lated to preparation of technical 
regulations, list of authorised bodies empow ered for harmonisation of European Union 
technical procedures and/or to  perform market surveillance a nd inspection, and task fields 
thereof shall be determined by the De cisions of the Board of Ministers. 
(2) For the execution of this Law following shall be determined: 
a) Procedures and principles relating market  surveillance and inspection and mutual 
recognition of conformity assessment bodies, certificates, results a nd signs with other 
countries shall be determined by the regulations  to be enacted by the Board of Ministers, 
b) Procedures and principles relating “C E” marking and conformity assessment 
methods, conformity assessment bodies and certified institutions, and notifying other 
countries and international orga nizations about these instituti ons, technical regulations and 
measures, prevention of technical obstacles in trade, general and horizontal technical 
procedure harmony as well as other issues re lating implementation of this Law shall be 
determined by the regulations and communiqués to be issued by the Board of Ministers, 
c) Procedures and principles regarding ge neral safety requirements in consumer goods 
shall be determined by the regulations and communiqués to be issued  by the Ministry of 
Customs and Trade. 
Annulled procedures  
ARTICLE 26 –  (1) The Law Pertaining Preparati on and Implementation of Technical 
Procedures Related to Products dated 29/06/ 2001 and numbered 4703 shall be annulled on the 
date this Law is put into force. Citations made  to Law No 4703 shall be deemed made to this 
Law. 
(2) Law Pertaining Prohibition of Debaseme nt in Trade, Auditing and Protection of 
Export dated 10/06/1930 and numbered 1705 shall be annulled on the date this Law is put into 
force. Sub-procedures referri ng to Law No 1705 shall be revised by the authorised bodies 
within one year as of publishing of this  Law and shall be tailored to this Law. 
PROVISIONARY ARTICLE 1  – (1) The provisions of re gulations issued on the basis 
of Law No 4703, which do not violate this Law sh all continue to be applicable until the 
regulations stated in Article 25 are put into force. Enforcement  
ARTICLE 27 –  (1) This Law shall be effective one year after its publishing date. 
Execution  
ARTICLE 28 –  (1) The provisions of this Law sh all be executed by the Board of 
Ministers.