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Mineral Oil Legislation - EPDK

Packaging and Marketing of Mineral Oils

Packaging and Marketing of Mineral Oils

On February 12, 2011, the regulation titled “PACKAGING AND MARKETING OF MINERAL OILS” was published in the Official Gazette No. 27844 and came into effect. According to this regulation, mineral oil producers are required to prepare a “Safety Data Sheet” (SDS-MSDS).

Safety Data Sheet Preparation Requirement

According to the communiqué;

Article 8 – (1) Manufacturers and/or importers of lubricating oils are required to create Safety Data Sheets for the lubricating oils they introduce to the market, in accordance with the procedures and principles specified in the relevant legislation. These Safety Data Sheets must be retained for presentation to authorized personnel of the institution or individuals authorized to conduct inspections on behalf of the institution during inspections.

(2) Additionally, lubricant manufacturers must create Manufacturing, Sales, Stock, and Import Information Forms for the lubricants they produce and sell, while lubricant importers are required to create Import, Sales, and Stock Information Forms for the lubricants they introduce to the market. Both lubricant manufacturers and/or importers must submit these forms in the format specified in the annex of the official notification, exclusively via electronic means to the Revenue Administration’s Application and Data Management Department. These submissions must be made by midnight (24:00) on the fifth day of the second month following each quarterly period, which corresponds to the 35th day after the period ends.

(3) Lubricants for which Production, Import, Sales and Stock Forms have not been prepared together with the Safety Data Sheets cannot be put on the market in any way.

Safety Data Sheets must be prepared by Certified Chemical Assessment Specialists in accordance with Annex-2 of the KKDIK regulation.

TSE Certification and Licensed Production Facility Requirement

ARTICLE 9 – (1) Mineral oil producers cannot produce mineral oils whose license does not contain the relevant standard number of the TSE Turkish Standards Conformity Certificate and/or TSEK Conformity Certificate.

(2) Mineral oil producers cannot market or commercialize the base oils they provide directly or by mixing them with another additive, other than the mineral oil production activity.

(3) (Added:OG-23/12/2011-28151) (Amended first sentence:OG-28/1/2014-28896) If there is a change (revision/amendment) in the existing Turkish Standard/TSE Quality Criteria or new Turkish Standard In cases where it is necessary to renew the TSE/TSEK Conformity Certificate held by the lubricant manufacturer due to the publication of the Standard/TSEK Quality Criteria, eighteen months are given from the effective date of the Turkish Standard/TSEK Quality Criteria to obtain the new certificate. Lube oil producers who do not renew their TSE/TSEK Certificate of Conformity at the end of this period will stop the production of the products they produce within the scope of this certificate until the renewal of the certificate is completed.

ARTICLE 11 – (1) Petroleum products other than fuel oil (solvent, mineral and base oils, asphalt, solvent naphtha, etc.) and waste oils, waste solvents, vegetable waste oils and the products obtained as a result of their recovery cannot be offered for sale as fuel oil and It cannot be sold, kept as fuel oil and/or purchased or used as fuel oil knowing this feature. Mineral oil producers and/or importers are obliged to primarily notify the Authority if it is determined that the mineral oils they put on the market are used for purposes other than their intended purpose.

(2) Mineral oils; It cannot be offered for sale, stored or kept for this purpose in any way except in places that have the necessary permission, approval and Business Opening and Working License duly obtained from the competent administrations in accordance with other relevant legislation.

(3) (Amended:OG-24/2/2011-27856) Production, filling and packaging of mineral oils are carried out in licensed facilities. Mineral oil producers must obtain a Trademark Registration Certificate obtained in the name of the license holder in their licensed facilities and/or the right to use has been obtained and/or taken over. can produce the mineral oils within its scope. Lube oil license holders cannot produce lube oil in any facility other than the facility within the scope of the license. However, productions to be carried out outside this paragraph may be carried out by obtaining permission in accordance with the procedures and principles to be determined by the Institution.

With the decision of the 13th Chamber of the Council of State dated 13/02/2014 and numbered 2014/383 regarding the file numbered 2012/287, the provision “Production, filling and packaging of mineral oils are carried out in licensed facilities” was annulled. With the decision of the Board of Administrative Case Chambers of the Council of State, dated 22.03.2017, numbered E.2014/4208 and K.2017/1306, and the decision of the Thirteenth Chamber of the Council of State, dated 13/02/2014, numbered E:2012/287, K:2014/383 It has been decided to REVERSE the decision.

(4) Lube oil producers cannot supply base oil and/or produce mineral oil in excess of the amount recorded in the license, without making the necessary amendments to their licenses.

ARTICLE 12 – (1) The design, construction and assembly, testing and control, commissioning and operation, maintenance and repair of the facilities where the lubricant production activities will be carried out are in accordance with TS or EN standards, respectively, or if these standards are not available, accepted by TSE, respectively, in ensuring minimum safety in the facilities. It is mandatory to comply with other standards. For materials and equipment that do not have a standard, it is required to have a quality conformity certificate.

Scientific proof of commercial advertising

ARTICLE 13- (1) Mineral oil producers and/or importers; It is obliged to prove the concrete claims on the packages of the mineral oils they put on the market, in the commercial advertisement or advertisement with documents related to scientific studies and to submit them to the Authority or the personnel authorized to conduct the inspection on behalf of the Authority, if requested during the inspection.

(2) Lubricants manufacturers and/or importers must comply with other relevant legislation regulating the administrative and technical procedures and principles regarding the classification, labeling and packaging of the lubricants they put on the market, in order to ensure effective control and surveillance against the negative effects they may cause on human health and the environment. has to.

ARTICLE 14- (1) Mineral oils; When applied under normal and foreseeable conditions or when applied according to the conditions of use recommended by taking into account the explanations regarding the placing on the market, labeling and use of the product or the information provided by the manufacturer, it should not harm human and environmental health.

Please contact us for the service package we have prepared for our mineral oil producing companies as Doruk Sistem.

Let’s do the TSE Certification, assist in the selection of environmentally friendly, green chemicals, test the product performances, assist with production site licensing and licensing, and prepare your labels and safety data sheets.

Moreover, let’s do all of this with our experts certified by the accredited institution, as specified in the regulations.

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