Country Sheet. Global Emerging Regulations Issue Team. Turkey

Transcription

1 Country Sheet Global Emerging Regulations Issue Team Turkey Date: August nd Revision: June 2012 Disclaimer This document is prepared by the Cefic Global Emerging Regulations Issue Team for Cefic members only and should not be distributed further. The information contained in this paper has been based on the currently available information, and provided in good faith. No warranties are made to its completeness or accuracy and use of the information is at users own risk. General: The Ministry of Environment and City Planning 1) is responsible for the control of industrial chemicals since the elections in June Environmental Law No issued in 1983 (most recent amendment made by Law No. 5491, 2006) and Dangerous Chemicals Regulation 1993 (published in Official Gazette issue , last amendment in 2001) set forth the principles for the management of hazardous substances. Turkey is an official candidate country to access the EU and makes efforts to implement EU legislation. The Turkish Dangerous Chemicals Regulation has been amended several times for the purpose of transposing, either partially or fully, European Directives such as 67/548/EEC; 76/769/EEC; 99/45/EC, and 91/155/EEC. According to UNITAR reports, Turkey has shown interest in the GHS Capacity Development and has requested GHS Capacity Building Assistance. The implementation of GHS will happen through adoption and enforcement of the EU CLP Regulation based on its 2 nd ATP. This is likely to happen in The Regulation on the Inventory and Control of Chemicals (December 26, 2008), amended twice (final amendment on 23/05/2010) includes some of the principles of the EU REACH Regulation. CEFIC GER group was involved in advocacy work on this regulation. Turkey signed the Chemical Weapons Convention in 1993 followed by ratification in Turkey also ratified the Montreal Protocol on ozone depleting substances in 1990 and adopted its subsequent

2 amendments.

3 1. Restrictions on Marketing & Use Regulation on the Inventory and Control of Chemicals defines the substances for which the registration is required before they are placed on the market. Regulation on restrictions on the manufacturing, placing on the market and use of certain dangerous substances, preparations and articles has been issued ((76/769/EEC - REACH Annex XVII) (TeACH,26/12/2008) 2) and updated on 26 April 2011 (only available in Turkish) 2). 2. Hazard Communication 2.1. Safety Data Sheet Turkey s requirements for Safety Data Sheets (Communiqué on the Procedure for the Preparation of the Safety Data Sheets published in Official Gazette issue ) transposed EU Directive 91/155/EEC and its amendment 2001/58/EC. The 16-section Safety Data Sheet should be written in Turkish language. By-law on Preparation and distribution of safety sheets compliant with Annex II of REACH. (TeACH,26/12/2008) 2) - Important requirements: 1) SDS in Turkish language 2) Electronic copy to be provided to Ministry of Environment A person certified against the requirements of the Turkish standard Institute is responsible for the correctness of the Turkish SDS. contact: Türk Standartları Enstitüsü Personel Belgelendirme Merkezi (TSE = Turkish Standard Institute) Adress: Necatibey Caddesi No:112 Ankara - Türkiye Tel: Fax: pbm@tse.org.tr For the time being importers must use SDS according to the SDS By-Law (as 2001/58/EC). Classification must be made according to Turkish Classification and Labeling By-Law (67/548/EEC and 99/45/EC). It seems that that SDS conforming REACH Annex II can be used including Turkish CLP By-Law classification, but not EU CLP classification Classification & Labelling The EU Directives on Dangerous Substances and Preparations (DSD 67/548/EEC, DPD 99/45/EC) have been transposed into the Turkish legislation in the By-Law on Classification, Packaging and Labelling of Dangerous Substances and Preparations (TeACH,26/12/2008) 2) An EU project supported the preparations to transpose and implement the EU CLP Regulation in Turkey. As of 1 June 2011, the Technical Assistance Project of the European Union for the Harmonization of Regulation 1272/2008/EC on the Classification, Labeling, and Packaging of Substances and Mixtures (the CLP Regulation) in Turkey was completed. The implementation of GHS is likely to be delayed to sometime in A draft CLP By-Law is expected by end of At present the foreseen implementation date is 1 January 2014 for substances and 1 June 2015 for mixtures. Mandatory labeling requirements for Lubricants issued by EPDK (Energy Market Regulatory Authority) on 12 Feb 2011 should include for all mineral oil based products produced in Turkey by 30 June 2011 the licensed number of the producer given by EPDK for mineral oil based production, custom tariff number (GTIP) of the product, trade mark registration number which is announced to EPDK by manufacturer, production date of the product, typical characteristics of the product (such as : TBN, viscosity Index, pour point, density, flashpoint), ingredients of the product, TSE (Turkish Standards Institution) conformity

4 approval certificate number, net and gross weight of the product. 3. Product Registration There are no chemical product registration requirements as known from the EU countries. However, the Turkish legislation requires obtaining a certificate from the Ministry of Environment and Forestry (MoEF) 1) to be able to import and manufacture hazardous chemicals in Turkey. 4. Inventory In order to have an inventory before implementing REACH, the Turkish regulators had issued a regulation on the Inventory and Control of Chemicals, often referred to as the By-law, which updates the 1983 Environmental Law (Law Number 2872) and the 2003 Law on Establishment and Duties of Ministry of Environment and Forestry (Law Number 4856). It was first published on 26 th December 2008, and officially enforced. An amendment was published on 10/11/2009 and the second amendment has been formally published on 23/05/2010. Translations of the latest amendment and a consolidated version of the overall By-law are available via Cefic. The Notification and Registration process is for individual substances (not polymers, which are exempt) and substances in mixtures manufactured within or imported into Turkey in quantities of >1 t in the 3 years prior to 1 January The deadline of this activity was 31 st March For substances imported for the first time after 1 January 2010, the reporting has to be completed within 15 months. Annex I refers to a list of exemptions. Polymers have been added to the list of Annex 1 listed substances. Polymers are not defined in the law, however as there are references to EINECS and ELINCS it may be reasonable to assume that only OECD conforming polymers are formally exempt. The information requirements are tonnage dependant and are specified in Annexes 2 (>1000 t) & Annex 3 (>1-<1000 t) of the By-law. Any substance produced/imported for the first time by a company from 1/01/2010 onwards should be registered within a 12+3 month period from the start date of first production/import. The main page address is By clicking on "Kimyasallar Veri Bankası" the inventory page will be opened. The notification needs to be done by manufacturers/importers based in Turkey. Non-Turkish companies may use an third party to notify (same concept as OR in REACH) There is guidance on the HEDSET and a more practical guidance issued by the MoEF1) translated and re-worked by Cefic. Important to mention that the volume trigger is not the 3-year average, if the the limit of 1000 t/year has been exceeded once within the 3 years, reporting has to follow the requirements for the higher tonnage band. Guidance HEDSET EN.docx Guidance MoE&F re-worked by Cefic Ja Existing notifications require an update within 3 months for the following changes: classification; use; volume threshold; changes to contact details. The inventory for the lower volume banded substances is undergoing correction and will be published in due course.

5 A list of HPV chemicals (>1000 t/a) after the initial reporting under this By-Law has been published in Q2/2011: Within this page, click on the link titled "tiklayiniz"; a spreadsheet with EC#, Turkish chemical name and English name opens. The Turkish government has published a list of chemicals manufactured and imported in the country above 1t/y for which notifications were received before 31 March The list contains 2,887 substances, with the substance names in both Turkish and English. Microsoft Office Excel Worksheet 5. New Substance Notification There is no scheme for notification of new substances as Turkey intends to implement REACH (timing currently unknown) 6. Contact Information Nathalie Allard Cefic nal@cefic.be 1) MoEF Ministry of Environment and Forestry is divided into two new ministries as Ministry of Environment and City Planning and Ministry of Water and Forestry as a consequence of establishing a new Government after the elections in June The authority on Chemical Management had moved to Ministry of Environment and City Planning and that may cause a postponement in the expected term of the prioritization of chemicals as a result of the Chemical Inventory Notifications (source: CRAD 15 Aug 2011) 2) Reference documents can be requested via Cefic (see 6. Contact information)