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Communique on Import Inspection of Products Subject to the Control of the Ministry of Food, Agriculture and Livestock

(PRODUCT SAFETY AND INSPECTION: 2014/5)

Purpose

ARTICLE 1. (1) The purpose of this Communique is to set out the procedures and principles regarding the importation of products specified in the lists in the annexes that are subject to the control of the Ministry of Food, Agriculture and Livestock in terms of human health and safety and the existence and health of animals and plants.

Scope

ARTICLE 2. (1) This Communique covers the products in the lists in the annexes that are to be subjected to the Release for Free Circulation Procedure, the Inward Processing Procedure, the Outward Processing Procedure, the Processing under Customs Control Procedure and the Temporary Importation Procedure, as well as the products within the scope of the second paragraph of Article 5.

Basis

ARTICLE 3. (1) This Communique has been prepared on the basis of Article 4 of the Decision on the Technical Regulations Regime put into force by the Council of Ministers Decision No. 2013/4284 dated 28/1/2013.

Prior notification

ARTICLE 4. (1) From the lists in the annexes;

  1. for the products specified in Annex 1/A and Annex 1/B, the Regulation on Prior Notification and Veterinary Controls on the Entry of Animals and Products into the Country, published in the Official Gazette No. 28145 dated 17/12/2011,
  2. for the products specified in Annex 2, prior notification must be made in accordance with the provisions of the Regulation on the Official Controls of Imports of Food and Feed of Non-Animal Origin, published in the Official Gazette No. 28145 dated 17/12/2011.

Conformity inspection

ARTICLE 5. (1) In the importation of the products specified in Annex 1/A, Annex 1/B, Annex 2, Annex 3, Annex 4, Annex 5, Annex 6 and Annex 7, a Conformity Letter, set out in Annex 9, shall be issued by the Ministry of Food, Agriculture and Livestock.

(2) In the importation of raw materials and auxiliary substances that are not included in Annex 5 but are veterinary medicinal products or are used in the manufacture of veterinary medicinal products, the Conformity Letter set out in Annex 9 shall be communicated to the importer if the importer so requests and the product complies with its legislation.

(3) The information and documents requested in the application for a Conformity Letter must be submitted to the Ministry of Food, Agriculture and Livestock.

(4) The Conformity Letter;

  1. for the products in Annex 1/A and Annex 1/B, shall be communicated to the customs administration where the importation will take place,
  2. for the products in Annex 2, Annex 3, Annex 4, Annex 5, Annex 6 and Annex 7, shall be communicated to the importer.

(5) Where a product to be imported within the scope of this Communique appears in more than one list, only one Conformity Letter shall be issued for each import transaction in a manner that complies with all relevant legislation.

Non-conformity Letter

ARTICLE 6. (1) Where it is established that the product does not comply with the relevant legislation, a reasoned Non-conformity Letter, set out in Annex 10, shall be issued. The Non-conformity Letter shall be communicated to the relevant customs administration and the matter shall be notified to the importer or its representative.

Veterinary Entry Document

ARTICLE 7. (1) For the products in Annex 1/A and Annex 1/B, the original of the Veterinary Entry Document, set out in the annex of the Regulation on Prior Notification and Veterinary Controls on the Entry of Animals and Products into the Country and issued by the Ministry of Food, Agriculture and Livestock, shall be notified to the customs administrations and shall accompany the consignment up to the first place of destination specified in the document.

(2) Where products in Annex 1/A and Annex 1/B within the scope of the Regulation on Animals and Products Subject to Veterinary Controls on Entry into the Country, published in the Official Gazette No. 28149 dated 21/12/2011, are imported for use in the petroleum industry, the human medicine industry, the soap industry, the cosmetics industry and similar industries not subject to inspection by the Ministry of Food, Agriculture and Livestock, and are found to be in conformity in the controls carried out by the Ministry of Food, Agriculture and Livestock, the original of the Veterinary Entry Document, set out in the annex of the Regulation on Prior Notification and Veterinary Controls on the Entry of Animals and Products into the Country and issued by the Ministry of Food, Agriculture and Livestock, shall be required by the customs administrations and shall accompany the consignment up to the first place of destination specified in the document.

Control Certificate

ARTICLE 8. (1) In the importation of the products in Annex 1/A and Annex 3, a Control Certificate approved by the Ministry of Food, Agriculture and Livestock before importation shall be required in order for a Conformity Letter to be issued.

(2) In order to obtain a Control Certificate, an application shall be made to the Ministry of Food, Agriculture and Livestock before importation, together with the Control Certificate form set out in Annex 8, an invoice or proforma invoice and the other documents required, according to the characteristics of the product, in accordance with the relevant legislation specified in the Control Certificate form.

Period of validity of the Control Certificate

ARTICLE 9. (1) The period of validity of the Control Certificate, from the date of its issue, is;

  1. four months for the products in Annex 1/A. However, it is twelve months for the products falling under tariff headings 15.04, 19.01, 19.02, 19.05, 20.04, 20.05, 2103.90.90, 21.04, 21.06, 2835.25.00.00.00 and 2835.26.00.00.00.
  2. six months for the products in Annex 3.

(2) The transactions relating to products whose Control Certificate period of validity expires after they have arrived in the customs territory of Turkey and an application for a Conformity Letter has been made shall be completed without regard to the period of validity of the Control Certificate.

Exemptions

ARTICLE 10. (1) Provided that they are subject to the permission of the Ministry of Food, Agriculture and Livestock and that a Conformity Letter is issued, a Control Certificate shall not be issued for the animals in Annex 1/A brought in for racing and exhibition purposes to remain for a certain period, given as gifts to senior civil and military officials, brought in to be exhibited in private and official zoos and arriving in our country as donations, as well as for the animals to be used in scientific research by universities and scientific and other research institutions.

(2) Provided that they are subject to the permission of the Ministry of Food, Agriculture and Livestock and that a Conformity Letter is issued, a Control Certificate shall not be issued for the products in Annex 1/A within the scope of Article 27 of the Regulation on the Official Controls of Food and Feed, published in the Official Gazette No. 28145 dated 17/12/2011.

(3) Provided that they are subject to the permission of the Ministry of Food, Agriculture and Livestock, where products in Annex 1/A and Annex 1/B within the scope of the Regulation on Animals and Products Subject to Veterinary Controls on Entry into the Country are imported for use in the petroleum industry, the human medicine industry, the soap industry, the cosmetics industry and similar industries not subject to inspection by the Ministry of Food, Agriculture and Livestock, a Conformity Letter and/or Control Certificate shall not be issued.

(4) Provided that they are not subject to inspection within the scope of the other lists in the annexes, where the following are to be imported;

  1. where the products in Annex 1/A and Annex 1/B are outside the scope of the animals and products determined by the Regulation on Animals and Products Subject to Veterinary Controls on Entry into the Country,
  2. where the products in Annex 2 are to be used outside the food and feed industry and/or for purposes other than those specified opposite them,
  3. where the products in Annex 4 are to be used for purposes other than animal health,
  4. where the products in Annex 5 are not to be supplied to the veterinary medicinal product industry and the industry of raw materials used in the manufacture of veterinary medicinal products,
  5. where the raw materials in Annex 6 are not to be supplied to the plant protection product industry,
  6. where the products in Annex 2, Annex 5 and Annex 6 are to be used in laboratory analysis,
  7. where secondary processed products obtained from other products imported within the scope of the Inward Processing Procedure are subjected to the Release for Free Circulation Procedure, prior notification, a Control Certificate and/or a Conformity Letter shall not be issued.

(5) Provided that they are subject to the permission of the Ministry of Food, Agriculture and Livestock and that a Conformity Letter is issued, a Control Certificate shall not be issued for the products in Annex 3 brought in to be exhibited at EXPO 2016.

Information form

ARTICLE 11. (1) Within forty-five days at the latest after the importation has been carried out, the importer shall submit the Information Form set out in Annex 11, together with a copy of the customs declaration;

  1. where raw materials and auxiliary substances that are not included in Annex 5 but are veterinary medicinal products or are used in the manufacture of veterinary medicinal products are imported by those holding a veterinary medicinal product authorisation,
  2. with the exception of human medicinal products, plant protection products or those used in their manufacture, where the substances in Annex 5 marked with (*) next to them are imported within the scope of subparagraphs (ç) and (e) of the fourth paragraph of Article 10, shall communicate it to the General Directorate of Food and Control of the Ministry of Food, Agriculture and Livestock.

Customs procedures

ARTICLE 12. (1) In the importation of the products in the lists in the annexes, the Conformity Letter issued by the Ministry of Food, Agriculture and Livestock shall be required by the customs administrations.

(2) The importation of products declared to be within the scope of the exemptions in the fourth paragraph of Article 10 shall be directly permitted by the customs administrations.

(3) Where it is established that a product does not comply with the relevant legislation and this matter is notified to the relevant customs administration by a reasoned Non-conformity Letter, the importation of the product shall not be permitted by the customs administrations and the Non-conformity Letter shall be attached to the summary declaration and the transport document.

(4) The product found to be non-conforming shall be returned to its origin or abandoned to customs to be liquidated by destruction at the expense of the owner of the product, or the measures deemed appropriate by the Ministry of Food, Agriculture and Livestock within the framework of the relevant legislation shall be taken.

Sanctions

ARTICLE 13. (1) Regarding those who act contrary to this Communique, those who make false or misleading declarations and those who use or submit forged documents or who falsify documents;

  1. the Law on the Preparation and Implementation of Technical Legislation on Products No. 4703 dated 29/6/2001,
  2. the Customs Law No. 4458 dated 27/10/1999,
  3. the relevant provisions of the Decision on the Technical Regulations Regime No. 2013/4284 and the provisions of other relevant legislation shall apply.

Authority

ARTICLE 14. (1) The General Directorate of Product Safety and Inspection of the Ministry of Economy is authorised to take implementing measures and to make arrangements on the matters set out in this Communique.

Repealed communique

ARTICLE 15. (1) The Communique on Import Inspection of Products Subject to the Control of the Ministry of Food, Agriculture and Livestock (Product Safety and Inspection: 2013/5), published in the second repeating issue of the Official Gazette No. 28513 dated 30/12/2012, has been repealed.

Transition period

PROVISIONAL ARTICLE 1. (1) The importation of products that, before the date this Communique entered into force, were bound to a transport document for export in the country of dispatch or were presented to the customs administrations in accordance with the customs legislation shall be subject, for a period of forty-five days from the date this Communique entered into force, to the Communique repealed by Article 15. However, the more favourable provisions of this Communique shall also apply to such transactions.

(2) Control Certificates obtained within the scope of the Communique repealed by Article 15 shall remain valid for the period specified in that Communique.

Entry into force

ARTICLE 16. (1) This Communique shall enter into force on 1/1/2014.

Enforcement

ARTICLE 17. (1) The provisions of this Communique shall be enforced by the Minister of Economy.

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