3.101.  The Ministry of Trade (previously the Ministry of Economy) has overall responsibility for coordinating the adoption/revision/elimination of technical regulations in Türkiye with the responsible government bodies, as well as to harmonize Türkiye's horizontal legislation on technical regulations with that of the European Union

3.102.  The Turkish Standards Institution (TSE) is the national standards setting body, and since 2020 has taken on KOSGEB's responsibilities for providing laboratory services. The Turkish Accreditation Agency (TURKAK), which falls under the Ministry of Foreign Affairs, is Türkiye's accreditation body. It is responsible for evaluating the competency and capacity of entities providing services in the areas of certification, inspection, testing, and calibration. A new Halal Accreditation Agency was established in 2018 to accredit halal conformity assessment bodies.[217] Türkiye's Conformity Assessment Association (UDDer) is the umbrella organization for national conformity assessment bodies

3.103.  Several government ministries and agencies have a role in implementing laws and regulations on products subject to technical regulations and for undertaking market surveillance (Box 3.2). There were various changes to the names and responsibilities of these Ministries following a government reorganization in 2018 (Section 2.1)

3.104.  There were several changes to the legal and regulatory framework for technical regulations over the review period. The Product Safety and Technical Regulations Law (Law No. 7223) entered into force in March 2021.[218] This replaces previous legislation (Law No. 4703 on the Preparation and Implementation of Technical Legislation of Products[219]) and transposes EU rules on harmonized products as set out in Regulation (EU) 2019/1020, Regulation 765/2008/EC, Decision 768/2008/EC, Regulation 2019/515, Directive 2001/95/EC, and Directive 2015/1535/EU. Law No. 7223 covers general product safety, conformité européenne (CE) marking, conformity assessment procedures, conformity assessment bodies and notified bodies, inspection market surveillance, and fines. Among the changes introduced by the new law are: (i) definition and clarification of the responsibilities of the economic operators in accordance with the current EU legislation; (ii) introduction of mandatory product recall for unsafe products; (iii) regulation of e‑commerce with a perspective of product safety; (iv) blocking-off the content in case of a non‑compliant products sold online; (v) product liability; (vi) traceability; (vii) improved notification of risks and measures; and (viii) administrative fines in accordance with the gravity of the noncompliance

3.105.  Law No. 7223 (Article 24) provides for implementing regulations to be enacted in the areas of market surveillance and inspection, "CE" marking", conformity assessment bodies, and notified bodies; procedures and principles regarding notifications; procedures and principles regarding conformity assessment methods; prevention of technical barriers to trade; harmonization of technical regulations; market surveillance and control in electronic commerce; general product safety and other issues relating to implementation of the law. A transition period allows for the continued application of old implementing regulations until new ones are adopted. As of mid‑October 2022, the following implementing regulations were in force: · The Regulation on the "CE" Marking.[220] This specifies the rules and procedures for affixing the CE marking on products and its use; · The Framework Regulation on Market Surveillance and Inspection of Products (Section 3.3.2.5); · The Regulation on Conformity Assessment Bodies and Notified Bodies.[221] This sets out minimum qualifications, operational rules and procedures, and notification to the relevant parties, in accordance with Türkiye's international obligations and procedures of the conformity assessment bodies that inspect, test, and certify the conformity of a product with the relevant technical legislation; · The Regulation on Conformity Assessment Methods.[222] This sets out the procedures and principles for use of modules specifying the conformity assessment methods to be applied; · The Regulation on the Notification of Technical Legislation and Standards between Turkey and the European Union (existing regulation that entered into force in 2012 applies). This sets out the principles and procedures for notification of technical legislation and standards to the European Union and for the transmission of the notifications received from the European Union to the Turkish public authorities; · The Regulation on Mutual Recognition in the Non-Harmonized Area.[223] This lays down the rules and procedures concerning the application of mutual recognition principle ensuring the free movement of goods which are not subject of EU harmonization or some aspects of which are not covered by EU harmonization, within the scope of the Türkiye‑EU Customs Union; and · The Regulation on General Product Safety.[224] This sets out the rules and procedures to ensure safety of consumer products where there are no specific technical regulations or where the relevant technical regulation does not consist of provisions regarding human health and safety or does not cover provisions on certain risks or risk categories

3.106.  The Ministerial Decree on the Regime Regarding Technical Regulations was replaced by the Presidential Decree on the Regime Regarding Technical Regulations in September 2022 with the aim of clarifying the implementation of certain provisions of Law No. 7223. The new decree contains mostly the same provisions as the old decree. Both identify the procedures and principles of adaptation of technical legislation to international trade and implementation thereof, authorize the Ministry of Trade to identify the authorities in charge of import and export controls, and prevent the import and export of products that are not safe and that do not comply with their technical regulations. They both authorize the Ministry of Trade to carry out activities to avoid technical barriers to international trade and to coordinate the legislation, policies, and implementation regarding technical regulations and to control and ensure conformity of those regulations to international obligations. The new decree refers to Law No. 7223 regarding the responsibilities of the exporter and importer. It stipulates that the products that are exported or intended to be exported to countries other than the EU member States are also safe, shall not be subject to an adulteration and marking, and that labelling and documentation of the product shall be made in the way not to mislead buyers. The new decree also authorizes the Ministry of Trade to apply administrative fine in case of contrary action

3.107.  As of November 2022, Türkiye had 37,807 voluntary standards in place, which include standards based on/harmonized with international or regional (European) standards. The economic activities for which there are the most voluntary standards are the chemistry, machinery, electronics, and construction sectors

3.108.  Türkiye has continued to align sector-specific EU directives into Turkish laws and regulations under the "harmonized" areas, i.e. those where there are common technical regulations regulating the common market. After the European Union adopts technical legislation under the scope of Türkiye-EU Customs Union, Türkiye prepares its own national legislation harmonizing the related EU legislation. The competent authority preparing the legislation asks the opinion of all related parties and, where necessary, adds national adaptations for implementation to the draft at the end of this public consultation process. Then Türkiye sends its draft to the European Commission for opinion exchange. At this stage, the draft is also notified to the WTO. After the receipt of the positive opinion of the Commission, "a statement declaring that Turkish legislation is in line with EU legislation" is signed by representatives of Türkiye and the European Union in the Türkiye‑EU Customs Union Joint Committee

3.109.  As indicated in the previous Review, Türkiye's technical regulations in non-harmonized areas are based on international standards as well as product‑specific requirements when deemed necessary. Mutual recognition clauses incorporated into these technical regulations enable the free circulation of goods between Türkiye and the European Union.[225] According to a recent European Parliament briefing, non-harmonized products represent around one third of the non-food products on the EU market.[226] In the non-harmonized areas, the rights and obligations of economic operators supplying goods to the EU market from Türkiye stem from the Customs Union

3.110.  The import control system of Türkiye relies on product-specific communiqués for the rules, conditions, and required documents for different product groups to be imported into Türkiye. These are updated annually and are listed in Table A3.5. Türkiye's risk-based electronic control system TAREKS is used to undertake safety checks on certain products (Section 3.1.1.1). According to the European Commission, Türkiye's product safety controls on imported goods processed through TAREKS may require additional documentation and information for products coming from the European Union.[227] Over the review period, specific trade concerns (STCs) were raised by the United States, and later by Mexico and Canada, regarding Türkiye's inspection requirements on toys.[228] In the context of this Review, the authorities indicate that relevant test reports are demanded only if the EU Declaration of Conformity lacks the required information. With respect to safety controls on imports of toys, the authorities indicate that following risk analysis under TAREKS, inspections are conducted as document/marking checks. Products are sent to accredited laboratories only when the product is lacking relevant documents and laboratory testing is only done on an exceptional basis

3.111.  Domestic and imported products are subject to market surveillance to ensure products' safety; this is carried out by the nine public ministries/authorities that have regulatory authority for specific products (Box 3.2). Reportedly, most inspections are undertaken within the framework of annual programmes. In addition, reactive market surveillance is also carried out based on external complaints from consumers and the media and EU alert system for dangerous products (RAPEX) notifications.[229]

3.112.  A Framework Regulation on Market Surveillance and Inspection of Products was issued in 2021 as an implementing regulation under the Product Safety and Technical Regulations Law; it provides the legal framework for market surveillance activities in Türkiye.[230] This replaces the previous regulatory framework and was prepared to be in line with EU legislation (Regulation (EU) No. 2019/1020 on the Compliance of Products and Market Surveillance of the European Parliament and the Council). The new regulation aims to ensure that only compliant products that fulfil requirements providing a high level of protection of public interests are placed on the market or put into service. It clarifies the duties, powers, and responsibilities of competent authorities. The Ministry of Trade submits an annual surveillance report to the European Commission

3.113.  In its 2022 report on enlargement policy with respect to Türkiye, the European Commission expressed concerns that market surveillance is not performed based on risk assessment given the low number of non-safety findings; surveillance of e-commerce is limited, particularly in light of an increase in online shopping; and there may be enforcement shortcomings with respect to enforcement of product safety legislation as administrative fines and measures appear not to be applied consistently on unsafe products.[231] In the context of this Review, the authorities note that the Product Safety and Technical Regulations Law (Law No. 7223) has new provisions with respect to e-commerce (Section 3.3.2.1) and a draft implementing regulation on market surveillance of products placed on the market through means of distance communication has been prepared. They also note that through Law No. 7223 administrative fines and measures have been revised to be more deterrent, and these are re-evaluated annually

3.114.  Over the review period, Türkiye notified new or revised labelling requirements for food; various heating devices; energy labelling of light sources, electronic displays, household dishwashers, and refrigerating appliances; tyres; household washing machines and household washer-dryers; and tobacco products.[232] The Republic of Korea raised a specific concern in the WTO Committee on Technical Barriers to Trade (TBT Committee) regarding non-notification to the WTO of energy labelling regulations in 2021, and requested a transition period for implementation or an alternative approach to enable manufacturers to comply with these requirements.[233]

3.115.  Other non-notified labelling requirements introduced since 2016 include: (i) a new obligation for labels and price lists of goods offered for retail sale to include a "domestic production logo" if the goods are produced within Türkiye[234]; and (ii) the introduction of a voluntary environmental label system in 2018.[235]

3.116.  The General Directorate of Product Safety and Inspection within the Ministry of Trade is Türkiye's national enquiry point under the WTO Agreement on Technical Barriers to Trade. Each public authority (Box 3.2) in its area of responsibility assesses the draft technical legislation to determine whether a notification is necessary. Between January 2016 and 19 October 2022, Türkiye made 130 notifications to the WTO TBT Committee (excluding revisions and addenda). In addition to the STCs raised in the TBT Committee relating to energy labelling and import inspections on toys (see above), the United States raised an STC regarding new requirements introduced by the Ministry of Health for cosmetics products, their lack of notification, and the negative impact on US exports of these products to Türkiye by underlying new requirements for cosmetics products via changes to the requirements for submission of product registrations through a new online filing system (the Product Tracing System).[236] In the context of this Review, the authorities noted that the Product Tracing System was cancelled as of January 2021. They also pointed out that cosmetic regulation is among the areas where harmonization with the EU legislation is continuing as a requirement of the Türkiye‑EU Customs Union Agreement. In this regard, a draft Communiqué on Cosmetic Products has been notified to the EU Commission and there is an ongoing process with the European Union about Türkiye's harmonization. Türkiye also notified a draft Implementing Regulation on Cosmetic Products to the WTO in 2021.[237]

3.117.  As indicated in the previous Review, Türkiye's policy is to sign technical cooperation agreements with its important export partners with the aim of removing technical barriers.[238] Over the review period, new agreements were signed with the Kyrgyz Republic (in 2019)[239], Uzbekistan (in 2021)[240], and Kazakhstan in October 2022