Amendments In The Regulation on the Sales of Refurbished Products (“Regulation”)

Regulation on Amending the Regulation on the Sales of Refurbished Products was published in the Official Gazette dated April 18th 2023, numbered 32167, and entered into force as of the publication date. The amendments introduced through the Regulation mainly focus on further requirements and qualifications for the sales of refurbished products.

Accordingly;

The scope of the used products enlisted in Annex-1 of the Regulation, which fall within the
Regulation’s scope of application, has been expanded. Accordingly, smart watches, computers
(laptop and desktop), game consoles, and modems were also added to the list. In other words,
refurbishment centers will now be able to refurbish and resale the mentioned products along
with mobile phones and tablets.

  • Refurbishment centers may carry out refurbishment activities for the products listed under
    Annex-1 without a need to obtain a refurbishment authorization certificate, provided that
    these centers already hold service place competence certificates. In addition, refurbishment
    centers may execute an authorized service agreement, with both the manufacturer and the
    importer of such products.
  • The refurbishment centers of commercial enterprises, which are manufacturers or importers
    of the products listed under Annex-1, may operate as one of the authorized service stations
    which are mandatory according to the After Sales Regulation.
  • Used mobile phones with a battery capacity of lower than 85% can only be offered for sale as
    a refurbished product after a battery replacement.
  • Refurbished products may be subject to multiple refurbishments.
  • The minimum paid-in capital required to obtain a refurbishment authorization certificate has been increased from ten million to thirty million Turkish lira. Commercial enterprises that already have a refurbishment authorization certificate and whose paid-in capital is less than thirty million Turkish lira, are required to complete the said amount to thirty million by 1st January 2024.
  • New provisions have also been introduced regarding the branches of refurbishment centers. Accordingly, refurbishment centers may establish branches that meet the requirements set forth under the Regulation. The paid-in capital requirement is excluded from the conditions that must be fulfilled by branches. In addition, branches may only start their activities after (i) obtaining a service place competence certificate, which is duly arranged according to the standards of either the Ministry of Commerce (“Ministry”) or the Turkish Standards Institute, and (ii) notifying the Ministry. Refurbishment centers and their branches are jointly and severally liable for the activities carried out by the branches.
  • In case the refurbished products listed under Annex-1 are offered for sale through remote communication tools, these products must be displayed under a separate category, apart from the unused products and other used products.
  • Refurbishment centers, branches, authorized sellers, and authorized purchasers may use a distinctive logo, determined by the Ministry, for refurbished products in their advertisements and promotions.

Amending Regulation may be accessed via: https://www.resmigazete.gov.tr/eskiler/2023/04/20230418-4.htm