BROUGHT OF PGD
As is known, within the framework of the provisions of the Product Safety and Technical Regulations Law No. 7223, the new Elevator Market Surveillance and Inspection Regulation was published in the Official Gazette dated March 11, 2022 and entered into force.
In line with the new regulation, the items for the risk-based evaluation of the non-conformities detected in the elevators have taken their place as the main agenda item of the sector.
We worked on the draft text of the regulation published as the Turkish Elevator Industrialists' Federation (TASFED) and conveyed our views to the Ministry of Industry and Technology. However, the risk factors brought under the scrutiny of the published PGD Regulation lay the groundwork for new uncertainties in the law. The sensory examination specified in the published regulation will vary according to the perspectives and comments of the control officers. Because the existence of an unshared checklist is mentioned in the annex of the regulation. The information in the regulation that this form has been updated according to the conditions of the day is insufficient for us. As industry representatives, it is our preference to share the said form with us!
Again, one of the demands we presented on the draft text is that the issue of determining the person responsible for the elevator supplied to the market has not been clarified. While the companies that install the elevator take all the responsibility, the responsibility falls to the installation company in the elevators whose maintenance company is changed. The elevator supplied to the market should be released from the responsibility of the assembly company and the maintenance company should be responsible.
In addition, we see that if any of the formal nonconformities specified in Article 43 of the Elevator Regulation (2014/33/EU) are detected, the Provincial Directorate will subject these nonconformities to risk assessment.
In the Elevator Regulation;
Form Nonconformity
ARTICLE 43 – (1) Provided that they are not contrary to the issues specified in Article 40, the Ministry requests the economic operator to correct the said nonconformities in case the following nonconformities are detected:
a) The "CE" mark is attached to the elevator or elevator safety equipment in a way that does not comply with the "CE" Marking Regulation,
b) The "CE" mark is not attached to the elevator or elevator safety equipment,
c) The "CE" mark is not affixed with the notified body identity registration number in accordance with Article 22, or it has been affixed in violation of the said article,
ç) EU declaration of conformity has not been issued,
d) The EU declaration of conformity has not been drawn up correctly,
e) The technical file in Sections A and B of Annex-IV, Annex-VII, Annex-VIII and Annex-XI does not exist or is incomplete,
f) The name, trade name or registered trademark or address of the elevator installer, manufacturer or importer is not specified in accordance with the sixth paragraph of Article 10, the sixth paragraph of Article 11 and the third paragraph of Article 13,
g) The information enabling the identification of the elevator or elevator safety component is not included in accordance with the fifth paragraph of Article 10 and the fifth paragraph of Article 11,
ğ) The instruction issued for the elevator or elevator safety components is not found together as specified in the seventh paragraph of Article 10 and the seventh paragraph of Article 11, or the documents are not in accordance with the applicable requirements.
(2) The Ministry may restrict or prohibit the use of the elevator if the non-compliance specified in the first paragraph continues; takes all appropriate action to prohibit or restrict the availability of elevator safety components, or to withdraw or recall them from the market.
PENALTY AMOUNTS ABOVE PROFIT RATES
Yeah! I would like to draw attention to Article 43. In accordance with the Law No. 7223, an administrative fine is imposed on the responsible person, regardless of the risk level, when non-compliance is detected in the elevator, without waiting for the correction process. When the table below is examined, it is seen that the amount of fines is much higher than the amount of profit obtained from the installation of an elevator. Considering this, it is seen that our companies, which take this responsibility, should do their business and functioning much more properly, in accordance with the regulations, quality management system and standards.
PENALTY AMOUNTS
In line with the new regulation, the items for the risk-based evaluation of the non-conformities detected in the elevators have taken their place as the main agenda item of the sector.
We worked on the draft text of the regulation published as the Turkish Elevator Industrialists' Federation (TASFED) and conveyed our views to the Ministry of Industry and Technology. However, the risk factors brought under the scrutiny of the published PGD Regulation lay the groundwork for new uncertainties in the law. The sensory examination specified in the published regulation will vary according to the perspectives and comments of the control officers. Because the existence of an unshared checklist is mentioned in the annex of the regulation. The information in the regulation that this form has been updated according to the conditions of the day is insufficient for us. As industry representatives, it is our preference to share the said form with us!
Again, one of the demands we presented on the draft text is that the issue of determining the person responsible for the elevator supplied to the market has not been clarified. While the companies that install the elevator take all the responsibility, the responsibility falls to the installation company in the elevators whose maintenance company is changed. The elevator supplied to the market should be released from the responsibility of the assembly company and the maintenance company should be responsible.
In addition, we see that if any of the formal nonconformities specified in Article 43 of the Elevator Regulation (2014/33/EU) are detected, the Provincial Directorate will subject these nonconformities to risk assessment.
In the Elevator Regulation;
Form Nonconformity
ARTICLE 43 – (1) Provided that they are not contrary to the issues specified in Article 40, the Ministry requests the economic operator to correct the said nonconformities in case the following nonconformities are detected:
a) The "CE" mark is attached to the elevator or elevator safety equipment in a way that does not comply with the "CE" Marking Regulation,
b) The "CE" mark is not attached to the elevator or elevator safety equipment,
c) The "CE" mark is not affixed with the notified body identity registration number in accordance with Article 22, or it has been affixed in violation of the said article,
ç) EU declaration of conformity has not been issued,
d) The EU declaration of conformity has not been drawn up correctly,
e) The technical file in Sections A and B of Annex-IV, Annex-VII, Annex-VIII and Annex-XI does not exist or is incomplete,
f) The name, trade name or registered trademark or address of the elevator installer, manufacturer or importer is not specified in accordance with the sixth paragraph of Article 10, the sixth paragraph of Article 11 and the third paragraph of Article 13,
g) The information enabling the identification of the elevator or elevator safety component is not included in accordance with the fifth paragraph of Article 10 and the fifth paragraph of Article 11,
ğ) The instruction issued for the elevator or elevator safety components is not found together as specified in the seventh paragraph of Article 10 and the seventh paragraph of Article 11, or the documents are not in accordance with the applicable requirements.
(2) The Ministry may restrict or prohibit the use of the elevator if the non-compliance specified in the first paragraph continues; takes all appropriate action to prohibit or restrict the availability of elevator safety components, or to withdraw or recall them from the market.
PENALTY AMOUNTS ABOVE PROFIT RATES
Yeah! I would like to draw attention to Article 43. In accordance with the Law No. 7223, an administrative fine is imposed on the responsible person, regardless of the risk level, when non-compliance is detected in the elevator, without waiting for the correction process. When the table below is examined, it is seen that the amount of fines is much higher than the amount of profit obtained from the installation of an elevator. Considering this, it is seen that our companies, which take this responsibility, should do their business and functioning much more properly, in accordance with the regulations, quality management system and standards.
PENALTY AMOUNTS
