9 Dec 2016
Turkey Transposes Low Voltage Directive and Electromagnetic Compatibility Directive into Its National Body of Law
Hong Kong traders with an interest in the Turkish market may like to know that Turkey has transposed into its national legislation the Low Voltage Directive (2014/35/EU) and the Electromagnetic Compatibility Directive (2014/30/EU) in order to comply with its obligations under the Customs Union with the EU. The Regulation relating to Electrical Equipment Designed for Certain Voltage Limits (the “LVR”) and the Electromagnetic Compatibility Regulation (the “EMC Regulation”) were published in the Turkish Official Gazette No. 29845 dated 2 October 2016.
The abovementioned regulations are, to a large extent, translations of their European equivalents, except for certain deviations concerning, in particular, language requirements on labelling and technical documentation. Turkey does not tend to materially amend the content of directives since the European Commission does not welcome significant deviations.
The LVR and EMC Regulations employ the same definition as their European equivalents concerning manufacturers, authorised representatives, importers and distributors. Therefore, both the EU and Turkish legislation concerns the same economic operators with respect to their obligations. Obligations of these economic operators concerning language requirements are provided in the table below:
The LVR and EMC Regulations also provide that the electrical equipment which is in conformity with the harmonised Turkish standards corresponding to European harmonised standards shall be presumed to be in conformity with the respective essential requirements of the LVR and EMC Regulations.
As regards the penalties applicable in case of a breach of these regulations, the LVR and the EMC Regulations refer to Law No. 4703 on the Application and Preparation of Technical Legislation concerning Goods. The breaches and the penalties imposed are provided in the table below:
Furthermore, both the LVR and the EMC Regulations set forth that in case of continued formal non-compliance, the Ministry of Science, Industry and Technology shall take all appropriate measures to restrict or prohibit the electrical equipment being made available on the market and ensure that it is withdrawn or recalled from the market.
The regulations entered into force on 2 October 2016. However, a transitional provision is provided in both of the regulations stating that products in conformity with the repealed Low Voltage Regulation and the repealed EMC Regulation would be allowed on the market on the condition that such products were placed on the market before 2 October 2016.