Ministry of Science, Industry and Technology:
ELEVATOR REGULATION (2014/33/EU)
PART ONE
Purpose, Scope, Legal Basis, and Definitions
Purpose
ARTICLE 1 – (1) The purpose of this Regulation is to determine the basic health and safety requirements that elevators and elevator safety components must meet, as well as the conditions for placing these products on the market, and the principles of market surveillance and control related to these products.
Scope
ARTICLE 2 – (1) This Regulation covers:
a) Elevators designed for the exclusive purpose of carrying loads in cases where the elevator serves permanently in buildings and constructions and is equipped with controls located within the reach of the carrier, which can be entered by people, or people and loads, or a person without force and is equipped with controls located within the access distance of the person inside,
b) Elevator safety components used in elevators referred to in paragraph (a) and listed in Annex III.
(2) This Regulation does not cover:
a) Lift installations with a speed not exceeding 0.15 m/s,
b) Lift installations established at construction sites,
c) Cable transport systems, including funiculars,
ç) Elevators specially designed and built for military or police purposes,
d) Lift installations that allow work to be done on them,
e) Mine hoists,
f) Lift installations designed for lifting artists during artistic performances,
g) Lift installations mounted on vehicles,
ğ) Lift installations designed solely for access to workstations, including those connected to machines, including maintenance and inspection points on the machine,
h) Trains running on toothed rail,
ı) Escalators and moving walkways.
(3) If all or part of the risks referred to in this Regulation concerning elevators or elevator safety components fall within the scope of other legislation, the provisions of this Regulation do not apply or are suspended.
Legal Basis
ARTICLE 3 – (1) This Regulation has been prepared based on the Law on Preparation and Implementation of Technical Regulations Regarding Products, numbered 4703, dated 29/6/2001.
Harmonization with European Union Legislation
ARTICLE 4 – (1) This Regulation has been prepared in accordance with the European Union legislation based on Directive 2014/33/EU of the European Parliament and of the Council on the harmonization of the laws of the Member States relating to lifts and safety components for lifts.
Definitions
ARTICLE 5 – (1) In this Regulation:
a) EU: European Union,
b) Accreditation: The formal acceptance by a national accreditation body that an conformity assessment body meets the requirements of relevant harmonized standards and, where applicable, additional requirements specified in sectoral regulations,
c) Elevator: A lifting equipment with a carrier that moves along guides, rigid and inclined more than 15 degrees to the horizontal, serving specific levels, or a lifting equipment that moves not along guides but rigidly on a fixed route and is equipped with controls within reach,
ç) Elevator installer: The natural or legal person responsible for the design, manufacture, assembly, and placing on the market of the elevator,
d) Ministry: The Ministry of Science, Industry and Technology,
e) "CE" marking: The marking attached by the elevator installer or manufacturer, indicating the conformity of the elevator or elevator safety component to the basic health and safety requirements of this Regulation,
f) Distributor: The natural or legal person, other than the manufacturer or importer, placing the elevator safety component on the market by being part of the supply chain,
g) Recall: Measures taken to dismantle the elevator and dispose of it safely or to return the elevator safety component that has already reached the elevator installer or end-user,
ğ) Economic operator: The elevator installer, manufacturer, authorized representative, importer, and distributor,
h) Manufacturer: The natural or legal person who manufactures or has designed or manufactured the elevator safety component under their own name or trademark and markets it,
ı) Importer: The natural or legal person established in Turkey who places the elevator safety component on the market by importing it from abroad,
i) Commission: The European Commission,
j) Model elevator: A representative elevator complying with the basic health and safety requirements set out in Annex I, defined by objective parameters and using elevator safety components listed in its technical file,
k) Placing on the market: The first placing on the market of the elevator safety component or making the elevator available for use, whether for payment or free of charge, in the course of commercial or public activities,
l) Making available on the market: The placing on the market of the elevator safety component by distribution or use, free of charge or for remuneration, within the supply chain,
m) Withdrawing from the market: Any measure taken to prevent the elevator safety component from being on the market,
n) Carrier: The part of the elevator used for the lifting or lowering of people and/or loads,
o) Technical specification: The document defining the technical requirements to be met by the elevator or elevator safety component,
ö) TURKAK: Turkish Accreditation Agency,
p) Conformity assessment: The process that defines whether an elevator or elevator safety component meets the basic health and safety requirements under this Regulation,
r) Conformity assessment body: A body that performs conformity assessment activities, including calibration, testing, inspection, and certification,
s) Harmonized standard: A European standard adopted to implement harmonized European Union legislation at the request of the Commission,
ş) Member State: A Member State of the European Union,
t) Authorized representative: The natural or legal person established in Turkey, authorized by the manufacturer or elevator installer through a written contract to undertake specific tasks on their behalf.
PART 2
Free Movement, Placing on the Market, Placing in Service, Basic Health and Safety Requirements, and Buildings and Constructions Where the Elevator is Installed
Free movement
ARTICLE 6 – (1) The Ministry does not prohibit, restrict, or hinder the placing on the market, putting into service, or placing on the market of elevator safety components that comply with this Regulation.
(2) In fairs, exhibitions, or promotions, if a visible sign clearly indicates that elevators or elevator safety components do not comply with this Regulation and cannot be offered for sale until they are made compliant, the Ministry does not prevent the display of elevators or elevator safety components that do not comply with the provisions of this Regulation. Adequate safety measures are taken during the presentation to protect individuals.
(3) This Regulation does not prevent the Ministry from making other necessary legal regulations to ensure compliance with relevant legislation to protect individuals in case of problems with elevators when they are put into service or used, and this does not mean altering elevators in a way not specified in this Regulation.
Placing on the market, placing in service, and putting into service
ARTICLE 7 – (1) The Ministry takes all necessary measures for the placing on the market and putting into service of elevators, which are only assembled, maintained, or used in accordance with this Regulation.
(2) The Ministry takes measures to ensure the placing on the market and putting into service of elevator safety components that are assembled, maintained, and used in accordance with the provisions of this Regulation.
Basic health and safety requirements
ARTICLE 8 – (1) Elevators within the scope of this Regulation meet the basic health and safety requirements specified in Annex I.
(2) Elevator safety components within the scope of this Regulation meet the basic health and safety requirements specified in Annex I and ensure that the elevator meets these requirements when assembled.
Buildings and constructions where the elevator is installed
ARTICLE 9 – (1) The Ministry takes all necessary measures to ensure the proper operation and safe use of the elevator installed in a building or construction within the scope of this Regulation. The person responsible for the work in the building or construction and the person installing the elevator take appropriate precautions and provide each other with necessary information to ensure the protection of individuals.
(2) The Ministry takes all necessary measures to ensure that the elevator shaft does not contain any piping, wiring systems, or equipment other than the basic health and safety requirements for the operation and safety of elevators.
PART 3
Obligations of Economic Operators
Obligations of the Elevator Installer
ARTICLE 10 – (1) The elevator installer ensures that the elevator is designed, manufactured, installed, and tested in accordance with the basic health and safety requirements specified in Annex I.
(2) The elevator installer prepares the technical file and carries out or has the conformity assessment process specified in Article 19. If the elevator installer proves that the elevator complies with the applicable basic health and safety requirements through the conformity assessment process, they issue the EC conformity declaration, accompany the elevator, and affix the "CE" mark.
(3) The elevator installer keeps the technical file, EC conformity declaration, and approved decisions, if any, for the elevator for a period of ten years from the placing on the market.
(4) In case the elevator installer poses a risk, they investigate the risk to protect the health and safety of users and, if deemed appropriate, keep records of non-compliance and complaints related to the elevator.
(5) The elevator installer ensures that all information necessary for the identification of the elevator, such as type, batch, or serial number, is carried by the elevator.
(6) The elevator installer includes their name, registered trade name, or registered trademark and contact address information on the elevator placed on the market. The address specifies the only point of contact with the elevator installer. The contact information is in Turkish or a language easily understandable by the end-users and accepted by the Ministry.
(7) The elevator installer ensures that the elevator placed on the market complies with the instructions referenced in Article 6.2 of Annex I and prepared in Turkish. Even if the instruction is in the form of labeling, it is ensured to be clear and understandable.
(8) If the elevator installer knows or should know that the elevator placed on the market does not comply with this Regulation, they promptly take corrective measures to make the elevator compliant. In addition, in case the elevator installer poses a risk, especially with regard to non-compliances, they provide detailed information to the Ministry on the non-compliances and measures to be taken to address them.
(9) Upon the Ministry's request, the elevator installer provides all information and documents proving the compliance of the elevator with this Regulation in Turkish or in a language accepted by the Ministry. In case of a corrective action request to eliminate identified risks in the elevator placed on the market, the elevator installer cooperates with the Ministry.
Obligations of the Manufacturer
ARTICLE 11 – (1) The manufacturer designs and manufactures elevator safety components for placing on the market in accordance with the second paragraph of Article 8.
(2) The manufacturer prepares the necessary technical file and carries out or has the conformity assessment process specified in Article 18. As a result of the conformity assessment process, the manufacturer ensures the compliance of the elevator safety component with the applicable basic health and safety requirements by issuing the EC conformity declaration, accompanying the elevator safety component, and affixing the "CE" mark.
(3) The manufacturer keeps the technical file, EC conformity declaration, and other approved decisions for the elevator safety component for a period of ten years from the placing on the market.
(4) The manufacturer ensures the continuity of the conformity of the manufacturing processes in serial production to this Regulation. Changes in the design or characteristics of the elevator safety component or changes specified in harmonized standards or other technical specifications related to the conformity of the elevator safety component are adequately taken into account. Depending on the risk carried by the elevator safety component, the manufacturer conducts tests on samples taken from the elevator safety components on the market to protect the health and safety of consumers, examines them, keeps records of complaints, non-compliant elevator safety components, and recalls, and informs distributors and elevator installers about these supervision activities.
(5) The manufacturer ensures that other identification information, such as type, batch, or serial number, is carried by the elevator safety component or, if the size or structure of the elevator safety component does not allow it, ensures that the necessary information is on the label specified in the first paragraph of Article 22.
(6) The manufacturer ensures that their name, registered trade name, or registered trademark and contact address information are on the elevator safety component. If this is not possible, the information is ensured to be on the label specified in the first paragraph of Article 22. The address specifies the only point of contact with the manufacturer. The contact information is in Turkish or a language easily understandable by the end-users and accepted by the Ministry.
(7) The manufacturer prepares the instruction referenced in Article 6.1 of Annex I for the elevator safety component in a language easily understandable by the end-users and accepted by the Ministry. Even if the instruction is in the form of labeling, it is ensured to be clear and understandable.
(8) If the manufacturer knows or should know that the elevator safety component placed on the market does not comply with this Regulation, they promptly
PART 4
Compliance of Elevators and Elevator Safety Components
Assumption of conformity for elevators and elevator safety components
ARTICLE 17 – (1) Elevators and elevator safety components that comply with harmonized standards published in the Official Journal of the European Union or corresponding harmonized Turkish standards or their relevant parts, as listed in Annex I under the scope of these standards, are presumed to comply with the basic requirements specified in Annex I.
Compliance assessment procedures for elevator safety components
ARTICLE 18 – (1) One of the compliance assessment procedures listed below is applied to elevator safety components.
a) Type examination according to Section A of Annex IV, and random inspection according to Annex IX are carried out for the model elevator safety component.
b) Type examination according to Section A of Annex IV, and conformity based on product quality according to Annex VI are carried out for the model elevator safety component.
c) Full conformity assessment according to Annex VII is carried out.
Compliance assessment procedures for elevators
ARTICLE 19 – (1) One of the compliance assessment procedures listed below is applied to elevators.
a) For the model elevator subject to type examination according to Section B of Annex IV, appropriately designed and manufactured elevators:
b) For elevators designed and manufactured under an approved quality system according to Annex XI:
c) Unit verification according to Annex VIII.
ç) Design conformity examination with full quality assurance according to Annex XI.
(2) In cases where the responsible person for the design and manufacture of the elevator is not the same as the person responsible for the installation and testing of the elevator in the situations specified in paragraphs (a) and (b) of the first paragraph, the person responsible for the design and manufacture of the elevator provides the necessary information and documents to the other person to ensure the correct and safe installation and testing of the elevator.
(3) All permitted changes between the model elevator and the renewed model elevator are clearly processed in the technical file with maximum and minimum values.
(4) The similarity of the part list is explained by calculating and/or showing it in the basic design plan to ensure compliance with the basic health and safety requirements specified in Annex I.
EU Declaration of Conformity
ARTICLE 20 – (1) The EU Declaration of Conformity indicates that the basic health and safety requirements specified in Annex I are fulfilled.
(2) The EU Declaration of Conformity is prepared according to the content in Annex II and includes the matters between Annex V and Annex XII, and is constantly updated. If deemed necessary by the Ministry, the EU Declaration of Conformity for the elevator or elevator safety component is translated into Turkish or another language.
(3) In case the elevator or elevator safety component requires multiple EU Declarations of Conformity, a single EU Declaration of Conformity is issued for all regulations. The relevant legislation is referred to in this declaration.
(4) The manufacturer issuing the EU Declaration of Conformity and the elevator installer are deemed to have fulfilled the requirements specified in this Regulation regarding the elevator safety component and the elevator, respectively, and the responsibility for the conformity is assumed by the manufacturer and elevator installer.
General Rules for "CE" Marking
ARTICLE 21 – (1) "CE" marking is done in accordance with the "CE" Marking Regulation dated 16/12/2011 and numbered 2011/2588, which is put into effect by the Council of Ministers.
General rules and conditions for attaching "CE" marking and other markings
ARTICLE 22 – (1) "CE" marking is visibly, legibly, and permanently attached to each elevator cabin and each elevator safety component. Otherwise, a label is attached separately to the elevator safety component.
(2) "CE" marking is attached to the elevator or elevator safety component before it is placed on the market.
(3) "CE" marking, after completing the following suitability assessment processes, is attached to the elevator with the approved organization identity registration number.
a) Final examination according to Annex V,
b) Unit verification according to Annex VIII,
c) Quality assurance according to Annex X, Annex XI, or Annex XII.
(4) "CE" marking is attached to the elevator safety component with the approved organization identity registration number after completing the following suitability assessment processes.
a) Product quality assurance according to Annex VI,
b) Full quality assurance according to Annex VII,
c) Random control of the type conformity of the elevator safety component according to Annex IX.
(5) The organization identity registration number of the approved organization is attached by the approved organization itself or by the manufacturer or its authorized representative or the elevator installer or its authorized representative according to their instructions. "CE" marking and the organization identity registration number can be used before any marking that defines a specific risk or use.
(6) The Ministry establishes a mechanism to ensure the correct implementation of the current legislation regarding "CE" marking and takes necessary measures to prevent the use of "CE" marking for purposes other than its basic purpose.
PART 5
Authorized Organizations and Approved Organizations
Notification
ARTICLE 23 – (1) The Ministry notifies the Commission and member countries through the Ministry of Economy about the appointment of organizations deemed appropriate by the Ministry to perform third-party conformity assessment processes within the scope of this Regulation.
Authorized organization
ARTICLE 24 – (1) The Ministry is the authorized organization responsible for the evaluation, appointment, and monitoring of the conformity assessment organization candidate for approval, including the provisions specified in Article 29.
Responsibilities of the authorized organization
ARTICLE 25 – (1) The Ministry conducts its activities with conformity assessment organizations without a conflict of interest.
(2) The Ministry operates objectively and impartially.
(3) The Ministry ensures that all decisions regarding organizations designated as approved organizations are made by competent personnel, different from the personnel who have conducted the competence review of the approved organization.
(4) The Ministry does not offer or propose commercial or competition-based consultancy services to activities carried out by conformity assessment organizations.
(5) The Ministry ensures the confidentiality of the information provided to it.
(6) The Ministry employs a sufficient number of competent personnel to fulfill its duties regarding approved organizations.
Obligation to inform the authorized organization
ARTICLE 26 – (1) The Ministry informs the Commission through the Ministry of Economy about the evaluation, appointment, notification, and changes in the methods of conformity assessment organizations that are candidates for approval.
Requirements for approved organizations
ARTICLE 27 – (1) To be able to be an approved organization, the conformity assessment organization applying to the Ministry must meet all the requirements specified in this article.
(2) The conformity assessment organization is established in accordance with national legislation and has legal personality.
(3) The conformity assessment organization must be an independent third-party organization assessing elevators or elevator safety components. If the conformity assessment organization is affiliated with a professional or commercial union representing entities involved in the design, manufacturing, supply, installation, use, or maintenance of the assessed elevator or elevator safety component, it can be evaluated as an approved organization as long as it proves that it does not pursue any interest and provides independent service.
(4) The conformity assessment organization shall not be the designer, manufacturer, supplier, installer, buyer, owner, user, or representative of these parties of the assessed elevator or elevator safety component.
(5) The condition mentioned in the fourth paragraph does not prevent the use or personal use of assessed elevators or elevator safety components required for the activities of the conformity assessment organization. This situation also does not prevent technical information exchange between the manufacturer or elevator installer and the conformity assessment organization.
(6) The conformity assessment organization shall not directly participate in activities related to the design, manufacturing, or construction of the assessed elevators or elevator safety components in the activities of the parties or representatives involved in the operation, use, or maintenance of the assessed elevators or elevator safety components. The conformity assessment organization cannot engage in and participate in activities that may negatively affect decision-making independence and compliance with professional requirements, especially in activities such as consultancy services.
(7) The conformity assessment organization ensures the confidentiality, independence, and impartiality of the conformity assessment activities conducted by branches, representations, or subcontractors.
(8) The conformity assessment organization and its personnel carry out conformity assessment activities with high levels of technical competence and professional qualifications, ensuring the independence of decision-making and compliance with professional requirements, which may be affected by any pressure, incentive, or individuals affected by the activity, especially in financial matters, regardless of its origin.
(9) The conformity assessment organization, for each type or category of elevator or elevator safety component for which it is assigned under Ek-IV to Ek-XII, must have:
a) Personnel with sufficient and appropriate experience and technical knowledge to carry out the conformity assessment process,
b) Appropriate policies and procedures that demonstrate transparency of the conformity assessment process and differentiate between tasks carried out as an approved organization and other activities, ensuring the process's transparency and reevaluation,
c) The necessary procedures to carry out activities, taking into account the size of the committed work, the sector in which it operates, the organizational structure, the technological complexity of the product, and the volume and nature of the production process.
(10) The conformity assessment organization must have an appropriate place, all the necessary equipment or facilities to carry out its technical and administrative duties related to conformity assessment activities.
(11) The personnel responsible for carrying out the conformity assessment process must have:
a) Technical and professional training covering all conformity assessment processes within the scope of the approved organization,
b) Sufficient knowledge and authority for conformity assessment,
c) Knowledge of the basic health and safety requirements in Annex I, relevant harmonized standards, and related provisions in the legislation,
ç) Competence to issue certificates, records, and reports showing the conformity assessment process,
(12) The impartiality of the upper management of the conformity assessment organization and the personnel responsible for the conformity assessment process is ensured. The salaries of the upper management and personnel responsible for the conformity assessment process of the conformity assessment organization cannot be tied to the number of assessments performed or the results of the assessments.
(13) The conformity assessment organization must take out professional liability insurance unless the responsibility is taken over by the public according to national legislation or the Ministry has direct responsibility for the conformity assessment process.
(14) The personnel of the conformity assessment organization ensures professional confidentiality and protects intellectual property rights regarding all information obtained while carrying out their duties, excluding their relations with the Ministry.
(15) The conformity assessment organization participates in the activities of the Approved Organizations Coordination Group established by the Commission for standardization activities and under Article 38 for lifts.
Assumption of approval of approved organizations
ARTICLE 28 – (1) If the criteria set out in the harmonized standards or their parts cover the requirements specified in Article 27 and the conformity assessment organization can prove that it complies with these criteria, it is considered that the organization meets the requirements specified in Article 27.
Branches, representatives, and contractors of approved organizations
ARTICLE 29 – (1) If an approved organization delegates specific tasks related to conformity assessment processes to a contractor or uses a branch or representation for these tasks, it ensures that they meet the requirements specified in Article 27 and informs the Ministry about this situation.
(2) Approved organizations assume all responsibilities for activities carried out by branches, representations, and contractors.
(3) Activities are carried out by a branch, representation, or contractor only if approved by the customer.
(4) Approved organizations keep the documents related to the evaluation of the qualifications of branches, representations, and contractors and the documents related to the activities carried out by these entities in conformity assessment processes specified in Ek-IV to Ek-XII, if any, for submission to the Ministry when necessary.
Notification application
ARTICLE 30 – (1) The conformity assessment organization applies to the Ministry to be appointed as an approved organization.
(2) The application of the approved organization is made with an explanation of the conformity assessment process or processes for which the organization claims competence for elevators or elevator safety components.
(3) The Ministry evaluates the application and informs the conformity assessment organization about the result of the evaluation within thirty days.
(4) The conformity assessment organization whose application is approved is authorized to perform conformity assessment activities within the scope of the application.
Appeal
ARTICLE 31 – (1) The conformity assessment organization whose application is rejected may appeal this decision within thirty days from the date of notification of the decision.
(2) The Ministry evaluates the appeal within thirty days.
(3) The Ministry informs the conformity assessment organization about the result of the evaluation.
Changes in approved organizations
ARTICLE 32 – (1) The conformity assessment organization, whose approved status has changed, applies to the Ministry for the necessary changes to be made in the approval document within fifteen days from the date of the change.
(2) The Ministry evaluates the application within fifteen days.
(3) The Ministry informs the conformity assessment organization about the result of the evaluation.
Deletion of approved organizations
ARTICLE 33 – (1) The conformity assessment organization whose approved status is deleted informs the Ministry in writing about the reasons for the deletion.
(2) The Ministry evaluates the written notification and decides on the deletion within fifteen days.
(3) The conformity assessment organization whose approved status is deleted stops the conformity assessment activities within fifteen days from the date of deletion.
Validity of approval
ARTICLE 34 – (1) The approval is valid for an indefinite period unless the approved organization loses its legal personality, becomes unable to perform the conformity assessment activities, or requests the deletion of the approval.
(2) The Ministry monitors the approved organizations regularly to ensure that they continue to meet the requirements specified in Article 27.
Monitoring of approved organizations
ARTICLE 35 – (1) The Ministry monitors the approved organizations with audits or evaluations at any time.
(2) The Ministry may suspend or revoke the approval of organizations that do not meet the requirements specified in Article 27.
Obligations of approved organizations
ARTICLE 36 – (1) Approved organizations are obliged to notify the Ministry about the changes in their organization, structure, and management staff within fifteen days from the date of occurrence.
(2) Approved organizations must notify the Ministry within fifteen days from the date of occurrence of changes in the documents submitted during the application to become an approved organization.
(3) Approved organizations must notify the Ministry within fifteen days from the date of occurrence of any changes in the policies and procedures related to conformity assessment activities specified in the documents submitted during the application to become an approved organization.
(4) Approved organizations must provide information requested by the Ministry within fifteen days.
(5) Approved organizations must provide the necessary technical and administrative support to the Ministry during the monitoring activities.
Approved organization coordination group
ARTICLE 37 – (1) An Approved Organization Coordination Group is established by the Commission for coordination and harmonization of activities between approved organizations.
(2) The principles and procedures regarding the establishment, operation, and duties of the Approved Organization Coordination Group are determined by the Commission.
Standards to be applied by approved organizations
ARTICLE 38 – (1) Approved organizations apply the standards specified in the harmonized standards or their parts determined by the Commission.
(2) Approved organizations may propose alternative methods to demonstrate conformity with the basic health and safety requirements specified in Annex I of the Lifts Regulation.
(3) The alternative methods proposed by approved organizations are evaluated and approved by the Commission.
Approved organization's information obligations
ARTICLE 39 – (1) Approved organizations must notify the Ministry within fifteen days from the date of occurrence of any changes in their address, telephone, fax, e-mail, or the contact person specified in the approval document.
Confidentiality
ARTICLE 40 – (1) The Ministry keeps confidential information about the conformity assessment activities of approved organizations and their clients, excluding the information that is open to the public or is required to be shared with other public institutions and organizations.
(2) The confidentiality obligation specified in the first paragraph continues even after the approved status is deleted.
Delegation of powers
ARTICLE 41 – (1) The Ministry can delegate its powers and responsibilities specified in this Regulation to the authorized organization.
(2) The Ministry monitors and audits the activities of the authorized organization in the delegation of powers and responsibilities.
PART VII
Miscellaneous and Final Provisions
Authorization and implementation
ARTICLE 42 – (1) The Ministry is authorized to implement this Regulation.
(2) The provisions of this Regulation are implemented by the Ministry.
Repealed regulation
ARTICLE 43 – (1) The Lifts Regulation published in the Official Gazette dated 20/2/2014 and numbered 28920 is repealed.
Enforcement
ARTICLE 44 – (1) This Regulation enters into force on January 1, 2024.
Execution
ARTICLE 45 – (1) The provisions of this Regulation are executed by the Minister of Industry and Technology.
PART 6
Surveillance and Control of the Market for Elevators and Elevator Safety Components
Surveillance and control of elevators or elevator safety components placed on the market
ARTICLE 39 – (1) In the surveillance and control of elevators and elevator safety components, the Ministry applies the provisions of the Regulation on Surveillance and Control of Products, which came into force with the Council of Ministers Decision dated 13/11/2001 and numbered 2001/3529.
Transactions related to elevators or elevator safety components carrying risks at the national level
ARTICLE 40 – (1) If there is sufficient reason to believe that an elevator or elevator safety component within the scope of this Regulation poses a risk to human health and safety or, if appropriate, to the protection of property, the Ministry subjects the relevant elevator or elevator safety component to an assessment covering all relevant requirements specified in this Regulation. The relevant economic operator cooperates with the Ministry if necessary.
(2) If the Ministry decides that the elevator does not comply with the requirements specified in this Regulation, it promptly requests the person who installed the elevator to take appropriate corrective measures to make the elevator compliant with the relevant requirements, giving a reasonable time proportional to the magnitude of the risk.
(3) If the Ministry determines that the elevator safety component does not meet the requirements specified in this Regulation, it promptly requests the relevant economic operator to take appropriate corrective measures, withdraw the elevator safety component from the market, or recall it, giving a reasonable time proportional to the magnitude of the risk.
(4) The Ministry informs the relevant approved organization about the matter.
(5) Measures mentioned in the second and third paragraphs are implemented within the provisions of the Regulation on Surveillance and Control of Products.
(6) When the Ministry considers that the non-compliance is not limited to the national level, it informs the Commission and member countries through the Ministry of Economy about the results of the assessment and the measures it requests from economic operators.
(7) The economic operator ensures that all necessary corrective measures are taken for all elevators and elevator safety components in the market.
(8) If the corrective measures specified in the second paragraph are not taken within the specified period by the person who installed the elevator, the Ministry takes all measures, including restricting or prohibiting the supply of the elevator to the market, preventing its use, or recalling it.
(9) If the necessary corrective measures specified in the third paragraph are not taken within the specified period by the economic operator, the Ministry takes all measures, including restricting or prohibiting the presence of the elevator safety component in the market, withdrawing it from the market, or recalling it.
(10) The Ministry immediately informs the Commission and member countries through the Ministry of Economy about these measures.
(11) The information specified in the tenth paragraph includes detailed data necessary for identifying the non-compliant elevator or elevator safety component, the origin of the product, the alleged non-compliance, and the related risk, as well as any defenses put forward by the economic operator. The Ministry specifies that the non-compliance of the elevator or elevator safety component is due to the failure to meet the basic health and safety requirements within the scope of this Regulation or deficiencies in the harmonized standards mentioned in Article 17.
(12) Based on the information transmitted by the Commission regarding a procedure initiated in the European Union market, the Ministry immediately notifies the Commission and member countries through the Ministry of Economy of the measures it has accepted for the non-compliance of the relevant elevator or elevator safety component, along with any additional information. If the Ministry objects to the reported measure, it also communicates its objections through the Ministry of Economy to the Commission and member countries.
(13) If there is no objection to the temporary measure taken by the Ministry within three months following the receipt of the information specified in the tenth paragraph, the measure is deemed justified.
(14) The Ministry ensures the immediate implementation of appropriate restrictive measures related to the elevator or elevator safety component, such as withdrawing it from the market, based on the information received.
Protective measures
ARTICLE 41 – (1) If there is an objection from member countries and the Commission against the measures specified in the seventh, eighth, ninth, and tenth paragraphs of Article 40, and if, as a result of the examination conducted by the Commission, it is ruled that the measure is not based on a justified reason, the Ministry revokes the measure.
Conformity of elevators or elevator safety components carrying risks
ARTICLE 42 – (1) In case of determination, as a result of the inspection conducted in accordance with the first paragraph of Article 40, that an elevator, although compliant with this Regulation, poses a risk to human health and safety or, if appropriate, to the protection of property, the Ministry requests the person who installed the elevator to take all necessary measures to eliminate the risk in proportion to the risk or restrict or prohibit the use of the elevator for a reasonable period.
(2) In case of determination, as a result of the inspection conducted in accordance with the first paragraph of Article 40, that an elevator safety component, although compliant with this Regulation, poses a risk to human health and safety or, if appropriate, to the protection of property, the Ministry requests the relevant economic operator to take all necessary measures to ensure that the elevator safety component does not pose a risk when placed on the market or to withdraw the product from the market or recall it within a reasonable period.
(3) The economic operator ensures that all necessary corrective measures are taken for all elevators or elevator safety components placed on the market.
(4) The Ministry immediately informs the Commission and member countries through the Ministry of Economy about the corrective measures specified in the third paragraph. This notification includes all relevant details, especially the identification of the relevant elevator or elevator safety component, the origin of the product, the definition of the risk, the duration and nature of the measures taken in the country, and any defenses presented by the economic operator.
Formal non-compliance
ARTICLE 43 – (1) Without prejudice to the provisions of Article 40, the Ministry requests the economic operator to rectify the following non-compliances if detected, as long as they do not violate the matters specified in Article 40:
a) The "CE" mark attached to the elevator or elevator safety component in a manner that does not comply with the "CE" Marking Regulation,
b) The absence of the "CE" mark on the elevator or elevator safety component,
c) The "CE" mark not being attached in accordance with Article 22, or being attached in a manner contrary to that article,
ç) Non-preparation of the EU Declaration of Conformity,
d) Incorrect preparation of the EU Declaration of Conformity,
e) Non-availability or incomplete completion of the technical file in Part A and B of Annex IV, Annex VII, Annex VIII, and Annex XI,
f) Non-compliance of the name, trade name, or registered trademark, or address of the person who installs the elevator, the manufacturer, or the importer with the provisions of the sixth paragraph of Article 10, the sixth paragraph of Article 11, and the third paragraph of Article 13,
g) Failure of the information identifying the elevator or elevator safety component to comply with the fifth paragraph of Article 10 and the fifth paragraph of Article 11,
ğ) Non-existence or lack of the instruction prepared for the elevator or elevator safety component in accordance with the seventh paragraph of Article 10 and the seventh paragraph of Article 11, or non-compliance of the documents with applicable requirements.
(2) If the non-compliance specified in the first paragraph continues, the Ministry takes all appropriate measures, including restricting or prohibiting the use of the elevator, banning or restricting the presence of the elevator safety component in the market, or recalling it, in proportion to the magnitude of the risk.
