Electrical Appliances: Turkey Introduces Revised Rules on Selling and Labelling Requirements

Hong Kong traders with an interest in the Turkish market may like to know that Turkey has published eight new decrees introducing certain amendments on selling and electronic labelling requirements concerning dishwashers, refrigerators, washing machines, televisions, air conditioners, tumble driers, vacuum cleaners, electric lamps and light fittings.

The aforementioned amendments are provided by means of the following Decrees:

• Decree No. SGM-2015/29 amending Decree No. SGM-2012/5 on the Energy Labelling of Household Dishwashers

• Decree No. SGM-2015/31 amending Decree No. SGM-2012/4 on the Energy Labelling of Household Refrigerators

• Decree No. SGM-2015/33 amending Decree No. SGM-2012/6 on the Energy Labelling of Household Washing Machines

• Decree No. SGM-2015/34 amending Decree No. SGM-2012/7 on the Energy Labelling of Televisions

• Decree No. SGM-2015/36 amending Decree No. SGM-2013/11 on the Energy Labelling of Air Conditioners

• Decree No. SGM-2015/38 amending Decree No. SGM-2013/6 on the Energy Labelling of Household Tumble Driers

• Decree No. SGM-2015/42 amending Decree No. SGM-2015/5 on the Energy Labelling of Vacuum Cleaners

• Decree No. SGM-2015/40 amending Decree No. SGM-2015/9 on the Energy Labelling of Electric Lamps and Light Fittings

These new Decrees introduce three new amendments regarding electronic labels, electronic product fiches and online selling arrangements.

The amendments concerning the electronic labelling and product fiche requirements apply to new product models that are being placed on the Turkish market since 1 January 2016 whereas the amendment concerning selling requirements, which stipulates the nature of information to be provided to the customer in the case of distance selling, entered into force on 16 December 2015.

The first amendment to the existing energy labelling requirements is imposed on suppliers concerning the provision of electronic energy labels. Previous to the amendment, suppliers of dishwashers, refrigerators, washing machines, televisions, air conditioners, tumble driers, vacuum cleaners, electric lamps and light fittings were already under the obligation to ensure that a printed label was affixed to these products as set down in respective Decrees.

Now, in addition to the printed labelling requirement, the amendment obliges suppliers to provide dealers with an electronic label in the same format. The electronic label has to be provided for any new models of all the aforementioned products, introduced on the market as from 1 January 2016. Such electronic labels may also be provided for models which were already on the market.

The second amendment to the existing energy labelling rules also concerns suppliers, and introduces an electronic product fiche requirement. Previously, suppliers of dishwashers, refrigerators, washing machines, televisions, air conditioners, tumble driers and vacuum cleaners were already obliged to make a product fiche available.

With the entry into force of the new amendments, suppliers are obliged to provide dealers with an electronic product fiche (in accordance with the format as set down in the respective Decrees). However, this obligation is not imposed on suppliers of electric lamps and light fittings, since the label accompanying the product could also be accepted as a product fiche under the current legislation.

Hong Kong traders may also like to know that the amendments impose certain selling arrangements on dealers which have to be applied in the case of distance selling. These distance selling arrangements generally concern internet sales for all the above-mentioned product groups.

The new Decrees stipulate that, in the case of sales or lease offers made via the internet, where an electronic label is being provided together with an electronic product fiche, dealers of the products concerned have to comply with additional requirements for online selling activities.

These additional requirements, which are annexed to each of the new Decrees, concern the arrangements for displaying the electronic labels when offers are made via the internet. Regarding the distance selling of tumble driers and vacuum cleaners, their respective Decrees actually provide examples of distance selling activities. These examples include sales via mail order, catalogues, the internet and telephone. However, this list is not exhaustive and other selling methods where the product concerned is not itself physically exhibited could fall under the definition of distance selling.