The Regulation Regarding the Amendment of the Regulation on the Sale of Refurbished Products (“Amending Regulation“) has entered into force upon being published in the Official Gazette dated 18 April 2023 and numbered 32167, in order to amend the procedures and principles regarding the sale of refurbished products that are regulated in the Regulation on the Sale of Refurbished Products (“Regulation“).
The significant amendments introduced under the Amending Regulation are as follows:
- Smartwatches, computers, gaming consoles and routers have been added to the List of Used Goods that can be Offered for Sale After Refurbishment (“List“) provided in the Regulation.
- Used cell phones with a battery capacity below 85% will be required to have their batteries replaced before they can be offered for sale as refurbished products.
- Refurbishment centers that provide the refurbishment of used goods will be able to refurbish all products included in the List without the requirement to obtain a refurbishment authorization certificate, if they have a service facility qualification certificate obtained in accordance with the relevant standard.
- Refurbishment centers will be able to execute an agreement with the manufacturer or importer of the products included in the List and operate as an authorized service center. In addition, the refurbishment centers of commercial establishments that are the manufacturers or importers of the products included in the List will also be able to operate as one of the authorized service centers that are mandatory to be established for these products.
- A refurbished product may be subject to multiple refurbishments.
- The amount of paid-in capital required to obtain a refurbishment authorization certificate in accordance with the Regulation, has been increased from TRY 10,000,000 to TRY 30,000,000.
- In order to carry out all or some of the activities within the scope of the Regulation, the refurbishment centers will be able establish branches if the branch meets the other conditions in the Regulation other than the paid-in capital requirement above. In order for the branch to start operating, it is obligatory to possess a service facility qualification certificate obtained in accordance with the conditions provided in the regulations or standards determined by the Ministry of Trade or the Turkish Standards Institute in regard to branches. Additionality the Ministry of Trade shall also be notified.
- The branch and the affiliated refurbishment center will be jointly and severally liable for the activities carried out by the branches within the scope of the Regulation.
- In the event that the refurbished products included in the List are offered for sale using remote means of communication, it will be obligatory to offer these products for sale in a separate category in a way that can be distinguished from unused goods and other used goods.
- In order to distinguish refurbished products, the distinctive logo determined by the Ministry of Trade may be used in advertisements and promotions.
- Pursuant to Provisional Article 1 added to the Regulation, as of 18 April 2023 commercial establishments possessing a refurbishment authorization certificate with a paid-in capital of less than TRY 30,000,000 will have to meet the paid-in capital requirement until 1 January 2024.
You can access the Amending Regulation in Turkish through this link.