Turkey’s Ministry of Industry and Technology has introduced rules for electromagnetic compatibility between electronic devices and fixed wiring installations to ensure electromagnetic compatibility of the devices throughout the market. The new rules apply to all types of electromagnetic devices and fixed installations.
The Regulation on Electromagnetic Conformity (“Regulation”) was published in Official Gazette number 29845 on 2 October 2016, entering into effect on the same date. It was issued in line with a Directive by the European Parliament and the Council on Electromagnetic Compatibility.
Notable provisions introduced by the Regulation include:
- The Ministry must take all the measures to ensure that only compliant equipment is made available on the market or put into service, including proper installation, maintenance and use.
- When launching equipment to the market, manufacturers must ensure it is designed and manufactured in accordance with certain essential requirements (Annex I of the Regulation).
- Importers must ensure they only allow compliant equipment to enter the market.
- Distributors must exercise due care when making equipment available on the market.
- The Ministry can investigate and review compliance with the Regulation if it believes certain equipment presents a risk to public interest.
- If the Ministry discovers non-compliance, the relevant establishments must take all appropriate corrective actions to rectify the failure, withdraw the equipment from the market, or to recall it within a reasonable period (commensurate with the nature of the risk).
- Distributors who know (or should have known) about product incompatibility must take necessary measures to bring the equipment into line with the Regulation, recall the equipment, or remove it from the market if necessary.
The following equipment is excluded from the Regulation:
- Equipment stipulated in the Wireless Telecommunications Terminal Equipment Regulation.
- Aircraft or equipment intended to be fitted into aircraft.
- Wireless equipment used by amateur wireless operators
- Special edition evaluation kits for professionals solely for research and development purposes.
Please see this link for the full text of the Regulation (only available in Turkish).
Information first published in the MA | Gazette, a fortnightly legal update newsletter produced by Moroğlu Arseven.