The long waited Turkish SEA update is published on the date 10th December 2020 on the official Gazette (Bis) 31330. 

The critical points from the update can be summarized as below: 

Technical Parts: 
The referrals to the repealed regulations (such as CICR and former restriction regulation) has been replaced by references to KKDİK Regulation. Also references to the old, repealed regulations that have a referral on SEA have been updated with the referrals to the up-to-date versions of the mentioned regulations listed in Article 2 and 3 of the SEA regulation.   

As the Turkish SEA was published before the Turkish KKDİK Regulation in contrary with the EU order of publication of REACH and CLP. That caused a need for extra Annexes to SEA Regulation when compared to CLP. The gaps that arose due to absence of KKDİK when the SEA was published were filled with Annex 7-8-9-10-11 of SEA. As now the KKDİK is published; the Annexes that were filling this gap (Annex 7-8-9-10-11 of SEA) are revoked.  

The scope of the C&L inventory notification is amended by modification of Article 2 and the Word ‘’Hazardous’’ have been removed from the paragraph e of Article 2 causing a significant change in SEA C&L inventory notification obligation.  

The previous version of SEA was in alignment with the 4th ATP of the EU CLP. By this update the ATP’s 5-6-7-8-9-10-11-13 were as well applied to Turkish SEA for a better alignment with the EU Regulatory Environment in means of the Hazard Classification and Communication principles and provisions. By way of this Annex 1-2-3-4-5-6 of the SEA Regulation are updated to adapt these ATP’s causing some hundred substances to be added to Annex 6 of SEA and harmonized classification of some substances to be updated in accordance with the ATP’s and updates. 

Article 44/A adapted with the update also brings the Poison Center Notification obligation with a date of enforcement 1.1.2025. 

Critical Impacts to the industry: 
Substances and mixtures that are placed on the market before 1.1.2023 can be classified and labelled in accordance with the regulation prior to the published update to SEA. This means re-classification and re-labelling will not be required for the substances and mixtures that have been placed on the market before 1.1.2023 and gives the industry a transition period for the new criteria and harmonized classification to be applied in their hazard communication. 

Companies should use this 2-year grace period to review the update in means of the impacts to their products. 

A critical update is about the scope of the C&L inventory notification obligation. Prior to that update published recently, the C&L inventory notification obligation applied only to the substances that are classified as hazardous based on the Article 2 of the SEA regulation.   Now the with the removal of the word ‘’Hazardous’’ from the paragraph e of Article 2, a C&L notification obligation appeared for the substances that are subject to registration under the scope of KKDİK even if they are not hazardous. Companies who submitted a C&L notification in the past should consider this update and the companies planning to submit a C&L notification should consider the new scope. 

It is not clear from the legal text if the 2 year implementation period defined in transitional provisions for classifying the substances and mixtures would as well be applicable for C&L inventory notification updates; but for sure companies should consider this new ‘’scope difference’’ for C&L inventory notification obligation to fill the compliance gap in the shortest period. 

By the addition of Article 44/A the poison centre notification obligation is another impact for the industry which will apply as of 1.1.2025 with no separation among the products being targeting for consumers or professionals. But need to note that the system and the procedure of how this should be handled, and further details are responsibilities forward to Ministry of Health who will be the responsible authority for the Poison Centres and the notification s thereof. Thus; we may expect further details; extension of the date or a determination between product groups that the PCN obligation is implemented. 

The additional requirements applied by (EU) No 1297/2014 regarding the liquid consumer laundry detergents contained in a soluble packaging for single use are as well adapted to SEA by way amending Article 36. 

The positive impacts of the update as well can be summarized as; the alignment of the Turkish SEA with EU CLP is now 1 step further. This gives a practical impact in means of the EU CLP classification criteria being applicable for the Turkish market too. Difference of EU CLP and Turkish SEA was causing challenges for the Global industry Actors. 

Another positive impact is regarding the substances that are registered under the scope of KKDİK regulation. If the substance is already registered in accordance with the KKDİK by the manufacturer, importer or the OR, a C&L notification is not required as defined by Paragraph 5 of the Article 41 as amended by this update.  

CRAD Team is; as always since 12 years, ready to support you comply with the new provisions of the SEA as amended ad well as other Chemical Control Legislation in Turkey.  

CRAD – Your long-term solution partner 

Link for the Official Gazette (Turkish Legal Text)