Turkey’s Ministry of Agriculture and Forestry (“Ministry”) has announced new procedures and principles for importing plant protection products and raw materials. The updated regime introduces a preliminary notification stage before parties can apply for an import permit, as well as restricts imports to certain customs points.
The Regulation on Importation of Plant Protection Products and Plant Protection Product Raw Materials (“Regulation”), was published in Official Gazette number 20625 on 14 December 2018.
Prior to importation, licensees must apply for preliminary notification to the General Directorate of Food and Control (“General Directorate”). The preliminary notification application regarding the imports planned for the following four months should be submitted three times each year —in January, May and September. The application may be made electronically in the future, if the General Directorate prepares a system. Preliminary notification will not be required for sample imports which will be used in research and trials related to licensing or product development. Preliminary notification will be valid for four months, unless:
- The preliminary notification product license is cancelled or suspended, or
- The active substance is no longer used.
Import Eligibility Permit and Valid License Requirement
Following the preliminary application, parties must apply for approval regarding an import permit. The application is made via an online system as an e-application. Once completed, the applicant can then submit their main application, including the necessary documents. Applicants must submit a letter of conformity in relation to the import permit which includes:
- Application form.
- Invoice or proforma invoice and its Turkish translation.
- Guarantee certificate and its Turkish translation.
- Chattel paper or bill of lading or customs certificate
The letter of conformity in relation to the import permit is valid for six months. It is subject to the following conditions:
- The Ministry has granted a valid license (not necessary for a letter of conformity regarding sample import permit used in research and trials).
- The export is found proper after the preliminary application for the import permit.
There is more than six months until the expiration date of the product.
- The application is appropriate within the scope of import controls.
Limited Customs Points
Plant protection products and raw materials can only be imported through customs points determined by the Ministry.
Country Entry Requirements for Returned Products
After the export is completed, plant protection products can only re-enter Turkey’s customs territory where:
- A valid license exists.
- There is more than six months until the product’s expiration date.
- The license owner assumes full responsibility for market supply transactions.
- The product complies with the specification or confidential prescription (if necessary, an analysis or a physical check will be conducted).
The first preliminary notification obligation becomes effective from 14 January 2019, while other provisions become effective from 14 February 2019.
Please see this link for full text of the Regulation (only available in Turkish).
Information first published in the MA | Gazette, a fortnightly legal update newsletter produced by Moroğlu Arseven.