Communique on the Classification of Firms for the Purpose of Carrying Out Commercial Quality Inspections in Exports on a Risk Basis

(PRODUCT SAFETY AND INSPECTION: 2014/22)

Purpose and scope

ARTICLE 1. (1) The purpose of this Communique is to regulate the procedures and principles concerning the classification of firms that export products subject to commercial quality inspection in exports under product safety and technical regulations legislation, the characteristics to be taken as a basis in classification, and the rights and obligations of firms whose class has been determined, for the purpose of determining how frequently such products will be subject to inspection on a risk analysis basis.

Legal basis

ARTICLE 2. (1) This Communique has been prepared on the basis of Article 4 of the Technical Regulations Regime Decision, which entered into force by the Council of Ministers Decision dated 28/1/2013 and numbered 2013/4284, and Article 1 of the Regulation on Technical Regulations and Standardization in Foreign Trade, published in the Official Gazette dated 31/12/2003 and numbered 25333 third repeating.

Definitions

ARTICLE 3. (1) In this Communique;

Ministry: The Ministry of Economy,
Ministry laboratory: The laboratories attached to the Regional Directorates of the Ministry,
Regional Directorate: The Regional Directorates of the Ministry,
Risk-Based Control System in Foreign Trade (TAREKS): The internet-based application established for the purpose of carrying out the inspection, conformity and permit procedures conducted under product safety and technical regulations legislation electronically and on a risk analysis basis,
Revolving Fund Enterprise: The Central Directorate of the Revolving Fund Enterprise of the Ministry,
Physical inspection: Physical examination and/or laboratory analysis,
Firm: All natural and legal persons, including public institutions, and their representatives, that produce and/or process and/or export products subject to commercial quality inspection in exports,
Directorate General: The Directorate General of Product Safety and Inspection,
Establishment: Each establishment that operates under the same tax number of the firm independently of one another, at the firm headquarters or at other locations, for the purpose of preparing the product for export,
Quality System Certificate: One or more of the ISO 9000, ISO 9001, ISO 22000, HACCP, GAP, GLOBALGAP, BRC Global Standard For Food Safety, Good Agricultural Practices Certificate, IFS (International Food Standard), FFSC 22000 certificates that demonstrate that the required quality requirements for the provision of a product or service have been fulfilled,
Commission: The team formed by the Regional Directorate, consisting of at least three persons of whom at least one is a Product Inspector, to evaluate or inspect the classification applications of firms and the necessary technical infrastructure for the production and/or processing of the product of classified firms (warehouse, machinery, production line, laboratory and the like), Responsible Inspectors, laboratory personnel and activities,
Laboratory personnel: Personnel qualified to perform the physical and chemical analyses of products in accordance with the relevant technical regulations (depending on the characteristics of the product, food engineer, agricultural engineer, chemical engineer, chemist, veterinarian or biologist),
Trademark Registration Certificate: The document showing that the trademark belonging to the firm making the classification application is registered in the register of the Turkish Patent Institute, or, in the case of registration abroad, the document issued by the relevant country authorities,
Risk analysis: The process of determining the products that must be subject to physical inspection, taking into account, within the framework of the probability that those of the products subject to export that are deemed necessary may not comply with the relevant technical regulations; the characteristics of the product, production period, price, weather conditions, processing and packaging operations, storage conditions, means of transport and the quantity of the batch traded, the export, import or country of origin, the technical infrastructure, size and share in trade of the firm, the production range, the infrastructure of the production facility such as storage, packaging and processing and transport conditions, the non-conformities obtained from previous inspections (rejections and refusals, notifications of returned products and the like), information received from other Ministries, feedback received from abroad, the characteristics of the place where the inspection is carried out and the information declared by the firm and all other information that may indicate the non-conformity of the product,
Responsible Inspector: Persons who have completed a four-year higher education undergraduate program and have earned the right to become a Responsible Inspector by meeting the required conditions sought under this Communique,
Commercial quality inspection: The inspection of the conformity of products subject to export with the relevant technical regulations, carried out in a selective and adequate manner according to risk analysis.

Classification

ARTICLE 4. (1) For the purpose of determining how frequently products subject to commercial quality inspection will be subject to commercial quality inspection in exports, the establishments of firms are classified on a product or product group basis as follows.

CLASS DESCRIPTION

A

Those operating with a registered trademark, possessing the technical infrastructure required for the production and/or processing of the product (warehouse, machinery, production line, laboratory and the like) together with a Quality System Certificate, and employing a Responsible Inspector and, depending on the characteristics of the product, laboratory personnel

B

Those possessing the technical infrastructure required for the production and/or processing of the product (warehouse, machinery, production line, laboratory and the like) together with a Quality System Certificate, and employing a Responsible Inspector and, depending on the characteristics of the product, laboratory personnel

C

Those possessing the technical infrastructure required for the production and/or processing of the product (warehouse, machinery, production line, laboratory and the like) and employing a Responsible Inspector and, depending on the characteristics of the product, laboratory personnel

D

Those not falling within Classes A, B or C

(2) Establishments whose conditions meet one of Classes A, B or C but which have not made a classification application under this Communique, or which have made an application but have not been classified as A, B or C, are deemed to be Class D.

(3) The classification is used only for data purposes in carrying out, on a risk analysis basis, the commercial quality inspections performed in exports under product safety and technical regulations legislation.

Classification application

ARTICLE 5. (1) The classification application is made through TAREKS to the Regional Directorate to which the province where the establishment is located is attached (annex-1). The following information and documents are uploaded electronically to TAREKS or submitted to the relevant Regional Directorate within at most 7 working days following the application date.

(2) In the event that the requested information and documents are not uploaded electronically to TAREKS or are not delivered to the Regional Directorate within the period granted to the firm, the classification application is rejected by the Regional Directorate.

CLASS INFORMATION AND DOCUMENTS REQUIRED IN THE APPLICATION

A

Trademark Registration Certificate
Quality System Certificate
Capacity Report issued by the Chambers of Commerce and/or Industry (for cases where a Capacity Report is not issued, a document obtained from the relevant institution)
The last 3 months Social Security Institution Declaration as of the application date showing that a Responsible Inspector and/or laboratory personnel are employed (in the event that the Responsible Inspector and/or laboratory personnel is the owner/partner of the firm, the Trade Registry Gazette showing this situation)
In the event that laboratory personnel are employed, the diploma indicating the field of specialization
In the event that the infrastructure required for the preparation of the product is rented, the lease agreement

B

The information and documents required for Class A other than the Trademark Registration Certificate

C

The information and documents required for Class B other than the Quality System Certificate

(3) Apart from the Social Security Institution Declaration, the documents requested at the time of application must be valid for at least 6 months as of the application date.

(4) The Trademark Registration Certificate must be issued in the name of the firm making the classification application.

(5) In the event that the trademark usage right has been obtained by acquiring a transfer or license right, it is necessary to verify that these transactions are registered in the register of the Turkish Patent Institute.

(6) For the Trademark Registration Certificate;

In the event that it is obtained domestically, the original or a certified copy obtained from the Turkish Patent Institute,
In the event that it is procured from abroad, a notarized copy and translation of the document issued by the official authorities of the relevant country are required.

Evaluation

ARTICLE 6. (1) In the event that the preliminary examination carried out by the Regional Directorate is positive, the classification application is referred to the Commission as soon as possible to be evaluated.

(2) The Commission evaluates the information and documents submitted by the firm in the application and, as a result of the on-site examination it carries out, determines the class corresponding to the situation of the establishment by a report. The information and documents submitted in the application must relate to the products covered by the classification.

(3) In the event that it is undertaken in writing (annex-2) that the physical and chemical analyses will be carried out at Ministry laboratories or at laboratories authorized by the Ministry within the framework of the relevant legislation, the requirement to maintain a laboratory and laboratory personnel is not sought for classification.

Classification approval procedures

ARTICLE 7. (1) The classification request is submitted for the approval of the Directorate General together with the positive report of the Commission stating that the conditions specified in this Communique have been met and the favorable opinion of the Regional Directorate.

(2) As a result of the evaluation carried out by the Directorate General, the class of the establishment is determined and recorded in TAREKS. The firm is obliged to follow the developments concerning the classification (class change, cancellation of the classification and the like) through TAREKS.

(3) The class of the establishment is valid as long as it meets the required conditions.

(4) For Class D, no application or classification needs to be made under this Communique.

Personnel

ARTICLE 8. (1) In Class A, B and C establishments, in accordance with the relevant technical regulations for the products;

A Responsible Inspector enabling them to be inspected,
In the event that physical and chemical analyses related to the product are required, laboratory personnel qualified to perform these analyses must be employed.

(2) A Responsible Inspector may work only in one establishment of a firm. A Responsible Inspector authorized under TAREKS to work in one establishment may not, in the event that the classification application is concluded positively, work for any other firm, including the other establishments of the same firm. In addition, all of the Responsible Inspector's authorizations under TAREKS on behalf of other firms, if any, are automatically cancelled.

(3) Although the Responsible Inspector may carry out transactions as a user under TAREKS on behalf of the firm where he is employed as an insured person, he may work only in the establishment of the firm declared in the classification application in the preparation of products.

(4) Provided that the conditions are appropriate, the Responsible Inspector may serve as laboratory personnel. In this case, there is no obligation to additionally employ laboratory personnel for the relevant establishment.

Responsible Inspector

ARTICLE 9. (1) In order to be authorized as a Responsible Inspector, an application must be made to the relevant Regional Directorate together with the Responsible Inspector Application Form (annex-3) and its annexed documents.

(2) Responsible Inspector candidates who apply under the first paragraph are, after attending the training to be organized by the Ministry, subjected to a written examination at the end of the training.

(3) Those who succeed by obtaining at least 70 points or above in the written examination are authorized as Responsible Inspectors on TAREKS after the approval of the Directorate General.

(4) The Regional Director and Deputy Regional Directors, and the Product Inspectors, engineers and chemists employed under the Regional Directorate, may, upon their application to the Regional Directorate after retirement, be authorized as Responsible Inspectors for all products subject to commercial quality inspection in exports without being subjected to training and examination.

(5) Applications belonging to those whose Responsible Inspector authorizations have previously been cancelled are evaluated as new applications and concluded in accordance with this Communique.

Objection to the examination result

ARTICLE 10. (1) Responsible Inspector candidates may object in writing to the examination result within at most 2 working days.

(2) Upon objection, a three-person "Board of Experts" is constituted by the Regional Directorate to examine and conclude the application. On the Board, which will be chaired by the Regional Director or the Deputy Regional Director, at least one Product Inspector authorized in the products subject to the examination is assigned.

(3) The result of the evaluation carried out by the Board of Experts is accepted as the final decision.

Training

ARTICLE 11. (1) For Class A, B and C establishments and for Responsible Inspectors/Responsible Inspector candidates or other personnel for whom special training is required depending on the characteristics of the product, training programs may be organized by the Ministry, upon the request of the Regional Directorate or the firm, in order to ensure uniformity in inspections.

(2) The procedures and principles concerning other required training are determined by the Directorate General.

Updates concerning the classification

ARTICLE 12. (1) Any kind of change occurring in the information and documents declared in the classification application (non-renewal and/or cancellation of the Trademark Registration Certificate and/or Quality System Certificate, non-employment of a Responsible Inspector and/or laboratory personnel, change of address or title and the like) is immediately updated through TAREKS and notified in writing to the relevant Regional Directorate. In the event that it is necessary following the said change, the class of the establishment is redetermined in accordance with the provisions of this Communique.

(2) In order to include a new Responsible Inspector in the scope of the classification, add a new product and/or request a class change, the firm must, after making the update through TAREKS, apply in writing to the relevant Regional Directorate. In this case, in the event that it is deemed appropriate as a result of the evaluation carried out by the Directorate General upon the positive report of the Commission and the favorable opinion of the Regional Directorate, if necessary, the new Responsible Inspector or the new products are included in the classification and/or the class of the establishment is changed. In a class change application, documents previously submitted and still valid are not requested again.

(3) Any kind of change and notification procedures concerning the class of the establishment are followed before the Regional Directorate where the first application for classification was made and are concluded by the Directorate General.

Recording of information

ARTICLE 13. (1) Information concerning the classification procedures and the Responsible Inspectors (classification results, class change, cancellation of the classification and the like) is immediately recorded in TAREKS by the relevant Regional Directorate.

Monitoring of the classification

ARTICLE 14. (1) In order to ensure the continuity of the conditions that must be met according to their classes, establishments are subjected to an on-site ordinary inspection by the Commission at least once a year by the relevant Regional Directorate.

(2) In order to confirm the accuracy of the inspections carried out by the Responsible Inspector, samples may be requested from the firm and examined, or commercial quality inspection may be carried out by taking a sample from the export batch within the scope of risk analysis.

(3) Apart from ordinary inspections, establishments may additionally be inspected when necessary, depending on the performance in export inspections and within the framework of other information.

Responsibility

ARTICLE 15. (1) The Responsible Inspector is obliged;

a) To prepare and keep the Inspection Declaration and Certificate (annex-4) containing information on the batches to be exported within the scope of the TAREKS reference number,
b) In cases where the physical and chemical analysis of products subject to export is required, to take 2 sets of samples from the products, to record the information concerning these samples in the Sample Registration Book (annex-5) and to keep the witness samples for a period to be determined according to the type of the product, not less than 45 days and not more than 60 days, or until the resolution of a dispute when a dispute arises between the buyer and the seller,
c) Since the commercial quality inspection in exports will be carried out on a risk analysis basis, to keep the analysis results and the related records prescribed by the relevant legislation for exported products for 5 years.

(2) In the event that the Regional Directorate so requests, information concerning the name of the firms exporting products within the scope of the classification, the product they will export and its quantity is provided by the Exporters' Associations of which they are members.

(3) Classified firms are obliged;

To prepare their products in accordance with the relevant legislation,
To immediately notify the relevant Regional Directorate in writing of changes in the information and documents declared concerning the classification,
To provide any kind of information and documents that may be requested by the Ministry,
To provide every kind of assistance and convenience to the personnel assigned to inspection in the examinations they will carry out at the establishment,
To ensure the participation of the relevant firm personnel in the training programs to be organized by the Ministry,
Since the commercial quality inspection in exports will be carried out on a risk analysis basis, to keep the analysis results and the related records prescribed by the relevant legislation for exported products for 5 years,
To comply with the other legislation related to the products within the scope of the classification.

(4) Firms are also jointly responsible for the acts of Responsible Inspectors contrary to the provisions of this Communique.

Sanctions

ARTICLE 16. (1) From the firm found not to have fulfilled its obligations under this Communique, the Regional Directorate or the Directorate General requests that it submit its written defense concerning the said non-conformity within 7 working days. In the event that the said request is made by the Regional Directorate, the firm's defense is forwarded to the Directorate General to be evaluated together with the opinion of the Regional Directorate.

(2) In the event that the firm does not submit a written defense within the period granted or its defense is not deemed sufficient by the Directorate General, a written warning penalty is imposed on the firm pursuant to subparagraph (a) of the first paragraph of Article 14 of the Technical Regulations Regime Decision numbered 2013/4284, and pursuant to subparagraph (b) of the same paragraph, the class of the relevant establishment of the firm and, if deemed necessary, the authorization of the establishment's Responsible Inspector(s) is suspended by the Directorate General for not less than 1 month and not more than 3 months. In the event that it is deemed necessary by the Directorate General, the class of the establishment may be changed in accordance with Article 4 at the end of the suspended period.

(3) In the event that it is again determined, during the period for which the class is suspended and within 3 months from the end of this period, that the firm has not fulfilled its obligations under this Communique, the class of the relevant establishment of the firm and, if deemed necessary, the authorization of the establishment's Responsible Inspector(s) is cancelled by the Directorate General.

(4) A new classification application for an establishment whose class has been cancelled and a re-authorization application for a Responsible Inspector whose authorization has been cancelled cannot be made for 6 months following the date of cancellation.

(5) For those who act contrary to this Communique and those who make false or misleading declarations, use or submit forged documents or falsify documents, the Law on the Preparation and Implementation of Technical Legislation on Products dated 29/6/2001 and numbered 4703, the Customs Law dated 27/10/1999 and numbered 4458, the other provisions of the Technical Regulations Regime Decision numbered 2013/4284 not specified in this article, and the relevant provisions of the Communique on the Risk-Based Control System in Foreign Trade (Product Safety and Inspection: 2011/53) published in the Official Gazette dated 29/12/2011 and numbered 28157, and the other relevant legislation, are applied.

Costs

ARTICLE 17. (1) Any kind of evaluation, inspection and similar costs for the classification procedures are paid by the firms into the account of the Revolving Fund Enterprise.

(2) The training, examination and similar costs of Responsible Inspector candidates are paid by the Responsible Inspector candidates into the account of the Revolving Fund Enterprise.

(3) The procedures and principles concerning the costs are determined by the Board of Directors of the Revolving Fund Enterprise.

Authority

ARTICLE 18. (1) The Directorate General is authorized to take measures and make arrangements for implementation on the matters set out in this Communique.

Repealed communique

ARTICLE 19. (1) The Communique on the Classification of Firms for the Purpose of Carrying Out Commercial Quality Controls in Exports on a Risk Basis (Product Safety and Inspection: 2013/22), published in the Official Gazette dated 30/12/2012 and numbered 28513 second repeating, has been repealed.

Transition period

PROVISIONAL ARTICLE 1. (1) For establishments classified as A, B and C on the date this Communique enters into force, the third paragraph of Article 7 is applied.

(2) However, in order for establishments classified as A and B on the date this Communique enters into force to be able to maintain their relevant classes, they must submit at least one of the Quality System Certificates listed in subparagraph (h) of the first paragraph of Article 3 by 30/6/2014 at the latest. Otherwise, the classes of the relevant establishments are changed within the framework of the provisions of this Communique.

(3) The authorizations of those who are Responsible Inspectors on the date this Communique enters into force are valid indefinitely, provided that the provisions of Article 16 are reserved.

Entry into force

ARTICLE 20. (1) This Communique enters into force on 1/1/2014.

Execution

ARTICLE 21. (1) The provisions of this Communique are executed by the Minister of Economy.