Recent Development
The Ministry of Customs and Trade (the “Ministry”) published on its website a draft regulation amending the Regulation on After Sales Services (the “After Sales Services Regulation”). Companies may comment and provide feedback on the draft regulation by submitting the form provided on the Ministry’s website.
What’s new?
One significant development introduced by the amendments is the new Annex – 2, which sets out the industrial goods that require after sales services in accordance with Law No. 6502 on Consumer Protection. In this regard, the amendments require manufacturers or importers to provide after sales services for certain industrial goods, such as pressure tanks, compressors, manufacturing equipment, energy and heat transfer devices, and medical devices, among others. The draft regulation also specifies the minimum number of service stations and the expected life time for such industrial goods.
The draft amendments state that the Ministry does not require the notification of service stations established in addition to the mandatory service stations. However, the additional service stations must comply with the requirements set forth under the After Sales Services Regulation.
Whereas the current provision allows for the renewal application of the certificate of competence in after sales services to be made after the certificate’s expiration, the draft amendment alters the window for the application submission, requiring the renewal to be done prior to the expiration date.
Once approved, the amendments on the After Sales Services Regulation will enter into force on January 1, 2018.
Actions to consider
The amendments introduce a brand new obligation for manufacturers and importers to provide after sales services for industrial goods. Companies should carefully review the new requirements for industrial goods and benefit from this opportunity by cooperating with the Ministry to improve the amendments before their publication.
