With the Energy Labeling Framework Regulation (“Regulation“) published in the Official Gazette dated 2 March 2021 and numbered 31411, the procedures and principles regarding the labeling of energy-related products offered to the market or put into service have been regulated.
Accordingly, the obligations of the supplier and seller are determined. The essential obligations of the supplier and seller pursuant to the Regulation are briefly as follows:
- In accordance with the Regulation, the most basic obligation of the supplier is to label the products placed on the market correctly and to submit the product information forms prepared in accordance with the Regulation and related compliance communiqués free of charge.
Instead of submitting the product information form to the vendors in print, the supplier is deemed to have fulfilled its obligation by entering the specified points into the product database or presenting them on its website. In any case, if the seller requests, the supplier is obliged to provide the printed product information form.
- The supplier is also obliged to ensure the accuracy of the labels and product information forms it provides and to submit the necessary technical file for their evaluation.
- Whether the label will be printed on the product packaging or not is determined by the application communiqués.
- The seller, on the other hand, is obliged to clearly display the label of the product in all sales and to make the product information form available to customers at the point of sale.
If the product does not have a label and/or product information form, the seller requests the label and/or product information form from the supplier. If the product data sheet is submitted in the product database or on the supplier’s website, the seller downloads or prints a sample of the product data sheet presented.
- The supplier and seller should refer to the energy class of the product and the current energy class range on the label in visual advertisements or technical promotional materials. However, in the event of any non-compliance, it should act urgently to correct the non-compliance situation by cooperating with the competent authorities.
- Both the supplier and the seller must not provide or display labels, signs, symbols or phrases or counterfeit labels that may mislead or mislead the customer regarding the energy consumption of the product.
In the Regulation, it is also regulated that the market surveillance, inspection and control of energy-related products will be carried out by authorized organizations according to the product groups in their responsibility areas according to the provisions of the Regulation on Market Surveillance and Inspection of Products.
It is also stated in the Regulation that the delivery of the products to the market, the procedure of intervening at the national level with the products that pose a risk, the application of the labels and the reclassification procedure will be regulated specifically for certain energy product groups, subject to the supervision of the relevant authorized organizations.
However, it is envisaged that the provisions of the Law No. 4703 on the Preparation and Implementation of Technical Legislation on Products will be implemented in case of acts contrary to the Regulation and application communiqués. Accordingly, it was foreseen that administrative fines from TRY 4,000 to TRY 50,000 could be imposed according to the violated provision.
The full text of the Energy Labeling Framework Regulation can be found at this link. (Only available in Turkish)