Purpose and Scope
The activities of monitoring and inspecting products on the market by public authorities to ensure the safety of products offered to consumers are referred to as Market Surveillance and Inspection (PGD). A safe product refers to a product that does not pose a risk to consumers under normal conditions of use or poses risks only to an acceptable extent and provides maximum protection in terms of basic requirements.
In our country, under the Market Surveillance and Inspection (PGD) activities carried out by our Institution, inspections are conducted to ensure that products manufactured and offered to the market do not pose risks in terms of human and pet health and safety, property protection, and technical regulations, thereby providing safe products to end users, i.e., consumers.
PGD activities encompass all kinds of actions carried out at the stage of placing products on the market or distributing them, while the product is on the market or, if necessary, in use,
- to inspect whether they are produced in accordance with the relevant technical regulation and whether they are safe,
- to ensure that unsafe products are made safe,
- and to ensure the application of sanctions when necessary.
With the Customs Union Agreement signed between Turkey and the European Union on 13.06.1995, work began on incorporating technical legislation related to products into domestic law, and the Ministry of Trade (formerly the Ministry of Economy) prepared Law No. 4703 on the Preparation and Implementation of Technical Legislation Related to Products, which entered into force on 11 January 2002. With this Law, procedures and principles regarding product safety, placing products on the market, conformity assessment, market surveillance, and inspection were established. To address the deficiencies in Law No. 4703 and to harmonize with the updates made by 765/2008/EC and 768/2008/EC, the Product Safety and Technical Regulations Law No. 7223, which introduces regulations to enhance the competitiveness of manufacturers, exporters, and importers and also covers consumer rights, was published in the Official Gazette dated 12 March 2020 and numbered 31066, and entered into force on 12 March 2021, thereby repealing Law No. 4703.
The Electronic Communications Law No. 5809 (ECL), which also covers regulation, authorization, inspection, and reconciliation activities related to electronic communication devices and systems, is taken into account in the provision of electronic communication services and related regulations. Non-compliance of radio equipment with international standards, basic requirements, or applicable legislation provisions may pose risks to the health and safety of end users. Restricting or prohibiting the placing on the market or provision of services of products that do not comply with relevant standards and basic requirements, and ensuring the application of sanctions when necessary, fall under the responsibility of the Information and Communication Technologies Authority.
Radio Equipment Directive (RED) 2014/53/EU, which replaced Directive 1999/5/EC on Radio Equipment and Telecommunications Terminal Equipment (RTTE), was adopted by the European Commission on 13 April 2014 and published in the Official Journal of the European Union on 22.05.2014. The aforementioned Directive was transposed into our national legislation as the Radio Equipment Regulation and published in the Official Gazette dated 05.11.2020 and numbered 31295, entering into force. The Radio and Telecommunications Terminal Equipment Regulation (1999/5/EC), which was in force until that date, was repealed.
PGD activities for radio equipment are divided into administrative and technical inspections. In administrative inspections, deficiencies based on information, documents, and markings in the inspected sample are identified, and technical files and other documents may be requested from the manufacturer when deemed necessary. In technical inspections, a sample is taken from the relevant device and tests for Radio Frequency (RF), Electromagnetic Compatibility (EMC), Specific Absorption Rate (SAR), and Electrical, Mechanical, and Thermal Safety (LVD) are conducted at the Market Surveillance Laboratory Directorate. If it is determined in both administrative and technical inspections that the device is non-compliant with the basic requirements specified in its technical regulation, administrative sanctions foreseen in the relevant laws and regulations are applied.
Radio equipment encompasses a large number of product groups. Under PGD activities, the following are inspected: GSM/3G/LTE/5G Phones, Cellular Repeaters, Cellular Base Stations, DECT Phones, Wireless Keyboard/Mouse/Headset/Microphone/Camera etc. Devices, Wireless Video-Audio Conference Devices, IP Phones, POS Terminal devices, Wireless Alarm and Security Devices, High-Speed Data Modems, Telephone Exchanges, Voice Recording/Response Devices, Closed-Circuit Internal Communication devices, Industrial Remote Control devices, Bluetooth-enabled devices, Wi-Fi enabled devices, RF Barcode Reader devices, Baby Monitors, Baby Walkie-Talkies, Telemetry devices, GPS Receiver Devices, Wireless LAN devices (WLAN), Wireless Access Devices, VHF/FM Marine Radios, MF/HF Marine Radio devices, Marine Radar Devices, VHF/FM Air Radios, VHF/UHF FM Land Radio Devices, PMR 446 Low-Power Handheld Radio devices, HF/SSB Land Radio Devices, Amateur Radio devices, Television and FM Radio Transmitter devices, Radiolinks, Tablet Computer devices, FM Transmitter devices, Wireless Audio Broadcasting devices, Model Aircraft Control devices, SCADA systems, Vehicle Tracking devices, Wireless Meter Reading Systems, Patient Tracking devices, Smart Toys, Unmanned Aerial Vehicles (drones), Wearable Technology devices.
