Communique on Import Inspection of Toys

(PRODUCT SAFETY AND INSPECTION: 2014/10)

Purpose and scope

ARTICLE 1. (1) The purpose of this Communique is to set out the procedures and principles regarding the inspection, on importation, of the conformity of the products specified in Annex 1 with the Regulation on Toys, published in the Official Gazette No. 28807 dated 31/10/2013.

(2) This Communique covers the products to be subjected to the Release for Free Circulation Procedure.

Basis

ARTICLE 2. (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.

Definitions

ARTICLE 3. (1) For the purposes of this Communique;

Ministry: refers to the Ministry of Economy,
Risk-Based Control System in Foreign Trade (TAREKS): refers to the internet-based application established for the purpose of carrying out, electronically and on a risk-analysis basis, the inspection, conformity and authorisation procedures conducted in accordance with the Product Safety and Technical Regulations Legislation,
Physical inspection: refers to one or more of document control, marking control, physical examination and laboratory testing,
Returned goods: refers to previously exported goods that are returned for the reasons defined in subparagraphs (a), (b) and (c) of the first paragraph of Article 446 of the Customs Regulation published in the repeating Official Gazette No. 27369 dated 7/10/2009,
Group Directorates: refers to the Product Inspectors Group Directorates attached to the Regional Directorates of the Ministry,
Out of scope: refers to a product that, although specified in Annex 1 as a CTSN, does not fall within the scope of the Regulation on Toys,
Risk: refers to the likelihood that products within the scope of the Communique do not comply with the Regulation on Toys,
Risk analysis: refers to the process carried out, in order to determine the risk level of the products in Annex 1 and whether or not they will be directed to physical inspection, on the basis of the information in TAREKS about the company; the results of past inspections; the manufacturer or importer company or its representative; the customs of entry; the type, brand, model, price and quantity of the product; the country of origin, dispatch, consignment or trade and other information that can be used for risk determination.

TAREKS and company registration

ARTICLE 4. (1) All procedures relating to the import inspection of toys shall be carried out through TAREKS and on the basis of risk analysis.

(2) Companies wishing to import products within the scope of this Communique must be registered in TAREKS within the framework of the Communique on the Risk-Based Control System in Foreign Trade (Product Safety and Inspection: 2011/53), published in the Official Gazette No. 28157 dated 29/12/2011, and at least one user who will carry out transactions in TAREKS on behalf of the company must have been authorised.

Application by the importer

ARTICLE 5. (1) The inspections within the scope of this Communique shall be carried out before the registration of the customs declaration, within the framework of the fourth paragraph of Article 181 of the Customs Regulation.

(2) The user authorised to carry out transactions on behalf of the company shall make the application by entering the data relating to the import consignment through TAREKS, using the "Login to E-Signature Applications" section in the "E-Signature Applications" part of the Ministry website.

(3) Upon application, a reference number shall be given to the company by TAREKS so that it can track its transactions before the Group Directorates specified in Annex 3.

(4) The user is responsible for the accurate, complete and timely entry of the data.

Exemptions and exceptions

ARTICLE 6. (1) For products declared in TAREKS by the user as holding an A.TR document, a TAREKS reference number stating that the product may be imported shall be generated directly.

(2) For returned goods, following the uploading by the user to TAREKS of the export declaration number of these products and the uploading by the user to TAREKS of the undertaking set out in Annex 4 stating that the returned products may be placed on the market provided that they comply with the technical legislation, a TAREKS reference number stating that the product may be imported shall be generated directly.

(3) Where necessary, in the assessment to be carried out on the basis of risk analysis, products falling within the scope of the first or second paragraph may also be directed to physical inspection.

Out of scope

ARTICLE 7. (1) The out-of-scope declaration concerning the import consignment that is the subject of the application shall be made by the importer to the relevant customs administration.

Risk analysis

ARTICLE 8. (1) Within the framework of the information declared through TAREKS by the users carrying out transactions on behalf of the company, the products directed to physical inspection shall be determined according to the risk analysis to be carried out through TAREKS.

(2) The criteria to be used in the risk analysis shall be determined by the Ministry, taking the opinion, where necessary, of the Ministry of Customs and Trade and other relevant parties.

(3) A TAREKS reference number stating that products not directed to physical inspection as a result of the risk analysis may be imported shall be generated directly.

Physical inspection

ARTICLE 9. (1) For products directed to physical inspection, the documents specified in Annex 2 shall be uploaded electronically to TAREKS by the user authorised on behalf of the company within two working days from the application date, including the application day. Where the company gives prior written notification, additional time may be granted by the Group Directorate. Where the relevant documents are not uploaded to TAREKS by the user within the period, the application shall be concluded negatively.

(2) Additional information and documents may be requested from companies where necessary.

(3) Where, as a result of the physical inspection, no non-compliance with the relevant legislation is established or it is established that the product is out of scope, a TAREKS reference number stating that the product may be imported shall be generated.

(4) Where non-compliance with the relevant legislation is established or the additional information and documents requested from the importer are not uploaded to TAREKS within the period, the physical inspection shall be concluded negatively and the result shall be announced in TAREKS.

Notifications made to the user

ARTICLE 10. (1) The user shall make inquiries concerning the inspection process and its result through TAREKS.

(2) Notifications concerning the inspection process and its result shall be sent to the electronic mail address declared by the users in the "Authorisation Applications" application carried out within the scope of Article 6 of the Communique on the Risk-Based Control System in Foreign Trade (Product Safety and Inspection: 2011/53). The Ministry is not responsible for notifications that do not reach the user.

(3) Where, in the inspection carried out, non-compliance with the legislation is established in the product, the situation shall additionally be notified in writing to the relevant customs administration and the importer.

Declaration of the TAREKS reference number to customs

ARTICLE 11. (1) It is mandatory for the 15-digit TAREKS reference number stating that the product may be imported to be recorded by the company in box number 44 of the customs declaration.

(2) In the importation of products declared as out of scope to the customs administrations, the 15-digit TAREKS reference number determined as 222013015773484 shall be recorded by the importer in box number 44 of the customs declaration. Where products declared as out of scope are directed to physical inspection by the relevant customs administration, an inspection application shall be made within the framework of Article 5.

Responsibility of the importer

ARTICLE 12. (1) Whether or not inspected within the scope of this Communique, the importer is responsible, in accordance with the Law on the Preparation and Implementation of Technical Legislation on Products No. 4703 dated 29/6/2001, for ensuring that all products it imports are, in any case, compliant with all relevant legislation, including the Regulation on Toys, and safe.

(2) The permission for the importation of the product or the generation of a TAREKS reference number for the product does not necessarily mean that the product is compliant with the legislation and/or safe.

(3) Within the scope of this Communique, the TAREKS reference number given stating that the product may be imported cannot be used for any purpose other than the import transaction of that product or as proof that the product is safe and compliant with the legislation.

Sanctions

ARTICLE 13. (1) Regarding those who act contrary to this Communique and those who make false or misleading declarations, who use or submit forged documents or who falsify documents; the Law on the Preparation and Implementation of Technical Legislation on Products, the Customs Law No. 4458 dated 27/10/1999, the relevant provisions of the Decision on the Technical Regulations Regime No. 2013/4284 and other relevant legislation shall apply.

Authority

ARTICLE 14. (1) The Ministry's General Directorate of Product Safety and Inspection 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 Toys (Product Safety and Inspection: 2013/10), 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 for which a transport document was issued for export in the country of dispatch before the date this Communique entered into force, or which were presented to the customs administrations in accordance with the customs legislation, shall, at the importer's request, be concluded in accordance with the Communique on Import Inspection of Toys (Product Safety and Inspection Communique: 2013/10).

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.