With the Regulation on Opening a Business and Working Licenses (“Regulation”), published in the Official Gazette No. 31934 on 25.08.2022, the conditions regarding the business and working licenses have been updated as follows.
- In non-sanitary establishments, it is stipulated that the secondary activity subjects shall be determined to be at the same with or lower level than the class of the main activity subject.
- It is stipulated that the temporary activity certificate issued after completing the Environmental Impact Assessment (“EIA”) process can replace the environmental permit and license document in applications, opening licenses, site selection, and facility establishment permit applications within the scope of the regulation. In addition, before obtaining an environmental permit and license certificate, it shall be possible to determine the compliance of the relevant facility with the Environmental Law obligations.
- Waste processing industry facilities are also included in the scope of places where it is mandatory to leave a health protection tape around in the Regulation, preventing the negative effects that may be given to the outside environment from the parcel they are located in.
- It has been regulated that those who have a vocational or technical secondary education diploma or at least a fourth level course completion certificate or at least a fourth level vocational qualification certificate can also take charge as responsible managers in beauty salons.
- The devices used in epilation applications in beauty salons and to be used by beauticians have been determined, and it has been required to report the technical information about these devices to the Provincial Health Directorate annually in the usual way and in case of new devices. Inspections regarding the technical limits of the devices will be carried out by institutions accredited by the Turkish Accreditation Agency every year and at every device purchase or device title change. In these audits, a CE certificate showing compliance with the relevant legislation and a written statement of the responsible manager shall be sought.
- The framework of the inspection program to be carried out within the scope of the inspection and other related issues will be determined by the communiqué to be issued by the Ministry of Environment, Urbanization and
Climate Change within 1 year by taking the opinion of the Turkish Accreditation Agency. The accreditation requirement for the devices will come into force on 01.01.2025 and the accreditation of the institutions that shall carry out inspection activities by the Turkish Accreditation Agency until this date shall be considered sufficient.
- It has been ensured that the beauty salons are inspected by the authorized administrations in February and August of each year and that the representative of the Provincial Health Directorate takes part in the inspections. However, in case of detection of violations of the Regulation as a result of the inspections, it has been determined that the sanctions shall be applied.
- Permanent make-up has been added to the procedures that can be performed in beauty salons.
- It has been prohibited to carry out medical procedures and related advertising and other promotional activities in beauty salons.
- Additional conditions regarding private sports facilities and jewelry commercial activities have been regulated. According to these regulations, the characteristics that the specified workplaces should have and the conditions regarding the spatial arrangements in these workplaces have been determined.
- The period given for compliance with the additional regulations brought for places of interest has been extended until 31.07.2023 for the game, entertainment, aqua, sports and adventure parks in open and closed areas, cable cars, real estate trade, electric vehicle charging stations, workplaces where second-hand motor land vehicles are traded, motor land vehicle rental businesses, and expertise centers that conduct all kinds of motor vehicle tests and inspections.
As can be seen, with this Regulation, regulations have been introduced for various businesses and facilities. It should also be noted that the provisions of the Regulation entered into force on 25.08.2022, the date of publication.
You can access the regulation from this link.
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Authors: Bilge Derinbay, Bengisu Çakırca
Contact: bilge.derinbay@nsn-law.com