The Turkish Ministry of Finance has issued a range of communiqués (“Communiqués”) regarding product safety and compliance inspections for technical import regulations. The 23 Communiqué’s include tobacco products, scrap metals, batteries and accumulators, controlled chemicals for environmental protection, building materials, medical devices, products subjected to special permission from the Ministry of Health, toys, as well as food and agricultural products imported from Japan. These were published pursuant to the Council of Ministers’ Decree regarding Technical Regulations Regime number 2013/4284, dated 28 January 2013. The Communiqués were published in Official Gazette number 29579 on 31 December 2015.
The purposes of the Communiqués include:
- Ensuring products involved in foreign trade are compliant with technical and safety regulations.
- Adapting and implementing technical regulations in accordance with foreign trade, as well as conduct inspections of imports and exports
- Establishing procedures and principles for determining institutions to conduct inspections and prevent import and export of non-compliant or unsafe products
- Coordinating legislation, policies and practices regarding technical regulations, product safety and inspection, as well as ensure these meet international obligations.
Importing some products requires permission from official authorities, whereas other products require a certificate of conformity.
The Risk Based Control System in Foreign Trade (“TAREKS”) has been established. TAREKS is an online application which supports inspection, compliance and permission procedures for imports.
The Communiqués stipulate that the sanctions under relevant laws will apply for failures to comply. The upper and lower limits of administrative fines are outlined in the Law on Preparation and Implementation of Technical Legislation of Products Number. 4703. The Law numbered 2016/13 adjusts these limits, taking into account the recently announced 5.58% revaluation rate, issued under the Tax Procedure Law (more information).
Please see this link for the full text of the Communiqués (only available in Turkish).
Information first published in the MA | Gazette, a fortnightly legal update newsletter produced by Moroğlu Arseven.