28) Consumer and Health Protection

Content of Chapter

The Chapter consists of two headings; consumer protection and public health.

Consumer protection legislation includes rules on defective products, misleading advertisements, consumer credits, doorstep selling and distance selling etc. EU consumer policy also covers general product safety as well as rules for the protection of economic benefits of consumers. The aim of general product safety is that products placed in the market should comply with the products safety requirements defined in their relevant technical legislation and thus they should not threaten consumer health.

Public health comprises areas like, communicable diseases, organs, blood and blood components, tissue and cells, tobacco products related harms, effects of electromagnetic fields to human health, cancer, nutrition and mental health.

For Consumer and Health Protection Chapter explanatory screening meeting was held on 8-9 June 2006 and bilateral screening meeting was held on 6-7 July 2006. Chapter is opened for negotiations on 19 December 2007. Five technical closing benchmarks are notified for provisional closure of the negotiations except the application of the Additional Protocol.

Closing Benchmarks

1-Türkiye revises its current legislation on general product safety and further amends its legislation on consumer protection in order to align with the acquis (including on consumer sales, unfair contract terms, distance selling, doorstep selling, price indication, package travel, timeshare, consumer credit, injunctions, distance marketing of financial services and unfair commercial practices) and demonstrates that adequate administrative structures and enforcement capacity will be in place to implement them correctly by the time of accession.

2-Türkiye adopts the legislation aiming at transposing the Commission implementing directives in the area of technical requirements for blood and blood components, traceability requirements and notification of serious adverse reactions and events and of a quality system for blood establishments. Türkiye demonstrates that it will have the adequate administrative capacity to properly implement and enforce this legislation by the time of accession.

3-Türkiye adopts the legislation aiming at transposing the acquis on tissues and cells, especially with regard to record keeping for 30 years, reproductive cells, reporting of serious adverse events and reactions, data protection and Standard operating procedures for processing and testing of cells and tissues. Türkiye demonstrates that it will have the adequate administrative capacity to properly implement and enforce this legislation by the time of accession.

4-Türkiye achieves further progress in transposing tobacco products regulation acquis, especially by focusing on high tar yields and oral tobacco, as well as in transposing the tobacco advertising acquis.

5-Türkiye demonstrates that adequate institutional and administrative capacity will be in place to fulfill by the time of accession, EU reporting and coordination obligations including participation in EWRS (Early Warning Response System) in the field of communicable diseases.

Progress Achieved

Within the framework of alignment with technical legislation, general product safety issues are already provided at national law. With a view to transposing the developments in the EU legislation, a Draft Law on Product Safety and Technical Legislation is being prepared.

In order to attain full harmonization with the EU legislation and to introduce complementary measures for consumer protection the new Law on Consumer Protection No. 6502 was published in the Official Gazette in 28 November 2013. The Law entered in into force in 28 May 2014. Preparations for the by-laws are completed. 23 by-laws have already been published in the Official Gazette.

The Law on Blood and Blood Products was published in the Official Gazette on 2 May 2007. By-law on Blood and Blood Products was published in the Official Gazette on 4th December 2008. Thereby, alignment to with the EU legislation is largely enabled in this field. Moreover, National Blood and Blood Products Guideline was published on July 2009. This Guideline was updated in June 2011 in order to align with the changes made by the European Council. Since December 2009, it has been started to give licences to all blood centres. With the objective of strengthening the administrative capacity in this field, a project is financed under 2008 Financial Cooperation Programme. The Project was finalized in April 2014.A project aiming at raising the awareness of society about blood donation is financed under 2010 Financial Cooperation Programme. The implementation of this Project started in January 2014. 

“By-Law on Human Tissue and Cell and Quality and Safety of Centres related Human Tissue and Cell” was published in the Official Gazette  dated 27 October 2010. In order to meet closing benchmark relating to tissue and cells, one project was accepted under the 2009 Financial Cooperation Programme. The project was started in January 2014.

Concerning the closing benchmark on tobacco products, alignment with tar yield is attained as of 1 January 2009 with the amendment of the by-law. With the same by-law, marketing of oral tobacco is prohibited. “By-Law on Methods and Essentials concerning the Manufacture Type, Labelling and Surveillance for the Protection from the Damages of Tobacco Products” was amended with the By-Law published in the Official Gazette on 27 February 2010. Moreover, “By-law on the Procedures and Principles regarding Sale and Presentation of Tobacco Products and Alcoholic Beverages” which was published in the Official Gazette dated 7 January 2011, regulates the sales and marketing of tobacco products and alcoholic beverages. Within the framework of Positive Agenda, it was confirmed that the technical closing benchmark on tobacco was met by the letter of Stefan Füle –European Commissioner for Enlargement and Neighbourhood Policy in 29 October 2012.

As for communicable diseases, a by-law determining the procedures for surveillance and control of such diseases was published in May 2007. This By-Law on Communicable Diseases Surveillance and Control Principles  has been amended on 2 April 2011 in order to include  other communicable diseases which  are defined in the EU acquis to the list of reportable diseases of the mentioned by-law. With the aim of strengthening the administrative capacity in this field, there are three projects financed under Türkiye-EU Financial Cooperation Programmes. The last project under 2008 Financial Cooperation Programme was finalized in April 2014. Early Warning and Response System Management centre was established in Turkish Public Health Institution, the system has become operational. The Ministry of Health has started event based surveillance studies since June 2012

Besides, as a part of 2008 National Programme, “By-Law on Measures Relating to Protection of Environment and Public Health From The Negative Effects of Non-Ionizing Radiation” was published in the Official Gazette on 24 July 2010.

“By-law on Rights of Air Passengers” was published in the Official Gazette dated 3 December 2011. The purpose of this by-law is to align with related EU legislation that determines the rights of air passengers in the event of denied boarding and of cancellation or long delay of flights.

Related DG in the European Commission

Consumer protection and public health areas are under the control of DG Health and Food Safety and DG Justice and Consumers.

For further information:

http://ec.europa.eu/health/index_en.htm

http://ec.europa.eu/consumers/index_en.htm

Related Projects