Import Inspection Communique for Personal Protective Equipment

(PRODUCT SAFETY AND INSPECTION: 2014/11)

Purpose and scope

ARTICLE 1 - (1) The purpose of this Communique is to set out the procedures and principles regarding the inspection at import of the products specified in annex-1, for their conformity with the Personal Protective Equipment Regulation published in the Official Gazette No. 26361 dated 29/11/2006.

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

Basis

ARTICLE 2 - (1) This Communique has been prepared on the basis of Article 4 of the Technical Regulations Regime Decision, which was put into force by the Council of Ministers Decision No. 2013/4284 dated 28/1/2013.

Definitions

ARTICLE 3 - (1) In this Communique;

Ministry: the Ministry of Economy,
Risk-Based Control System in Foreign Trade (TAREKS): the internet-based application established for the purpose of carrying out, electronically and on a risk analysis basis, the inspection, conformity and permit operations conducted in accordance with the product safety and technical regulations legislation,
Actual inspection: one or more of document control, mark control, physical examination and laboratory testing,
Returned goods: previously exported goods that return for the reasons defined in subparagraphs (a), (b) and (c) of the first paragraph of Article 446 of the Customs Regulation published in the Official Gazette No. 27369 (repeated) dated 7/10/2009,
Group Directorates: the Product Inspectors' Group Directorates attached to the Regional Directorates of the Ministry,
Out of scope: a product that, although specified in annex-1 as a CTIP, does not fall within the scope of the Personal Protective Equipment Regulation,
Risk: the probability that the products within the scope of the Communique do not conform with the Personal Protective Equipment Regulation,
Risk analysis: refers to the operation carried out in order to determine the risk degree of the products in annex-1 and whether or not they will be directed to actual inspection, based on the information about the firm in TAREKS; the results of inspections carried out in the past; the producer or importer firm or its representative; the customs of entry; the type, brand, model, price and quantity of the product; the country of origin, departure, dispatch or trade and other information that can be used for risk determination.

TAREKS and firm identification

ARTICLE 4 - (1) All operations related to the import inspection of personal protective equipment are carried out through TAREKS and according to risk analysis.

(2) Firms wishing to import the products within the scope of this Communique must be identified 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 operations in TAREKS on behalf of the firm must have been authorised.

The importer's application

ARTICLE 5 - (1) The inspections within the scope of this Communique are 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 operations on behalf of the firm makes the application by entering the data relating to the import consignment through TAREKS, using the "Login to E-Signature Applications" section located in the "E-Signature Applications" part of the Ministry's website.

(3) Upon the application, an application number is given by TAREKS to the firm so that it can follow up its operations before the Group Directorates specified in annex-3.

(4) The user is responsible for entering the data correctly, completely and on time.

Exemptions and exceptions

ARTICLE 6 - (1) For products declared in TAREKS by the user as having an A.TR document, the TAREKS reference number indicating that the product may be imported is generated directly.

(2) For returned goods, following the upload to TAREKS by the user of the export declaration number of these products and of the undertaking in annex-4 stating that the returned products may be placed on the market provided that they conform with the technical legislation, the TAREKS reference number indicating that the product may be imported is generated directly.

(3) In the assessment to be made according to risk analysis, products falling within the scope of the first or second paragraph may also be directed to actual inspection when necessary.

Out of scope

ARTICLE 7 - (1) The out-of-scope declaration relating to the import consignment subject to the application is 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 operations on behalf of the firm, the products directed to actual inspection are determined according to the risk analysis to be carried out through TAREKS.

(2) The criteria to be used in the risk analysis are determined by the Ministry, where necessary by also obtaining the opinion of the Ministry of Labour and Social Security, the Ministry of Customs and Trade and other relevant parties.

(3) As a result of the risk analysis, the TAREKS reference number indicating that the products not directed to actual inspection may be imported is generated directly.

Actual inspection

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

(2) Additional information and documents may be requested from firms when necessary.

(3) If no nonconformity with the relevant legislation is detected as a result of the actual inspection, or if it is determined that the product is out of scope, the TAREKS reference number indicating that the product may be imported is generated.

(4) If a nonconformity with the relevant legislation is detected, or if the additional information and documents requested from the importer are not uploaded to TAREKS within the period, the actual inspection is concluded negatively and the result is announced in TAREKS.

Notifications made to the user

ARTICLE 10 - (1) The user makes inquiries relating to the inspection process and result through TAREKS.

(2) Notifications relating to the inspection process and result are 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) If a nonconformity with the legislation is detected in the product during the inspection carried out, the situation is also notified in writing to the relevant customs administration and to the importer.

Declaration of the TAREKS reference number to customs

ARTICLE 11 - (1) It is mandatory for the 15-digit TAREKS reference number indicating that the product may be imported to be recorded by the firm in box No. 44 of the customs declaration.

(2) In the import of products declared as out of scope to the customs administrations, the 15-digit TAREKS reference number determined as 232013015773484 is recorded by the importer in box No. 44 of the customs declaration. If the products declared as out of scope are directed to actual inspection by the relevant customs administration, an inspection application is made within the framework of Article 5.

The importer's responsibility

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

(2) Permission being given for the import of the product or a TAREKS reference number being generated for the product does not necessarily mean that the product is in conformity with the legislation and/or safe.

(3) Within the scope of this Communique, the TAREKS reference number issued indicating that the product may be imported may not be used for any purpose other than the import operation of that product, or as proof that the product is safe and in conformity with the legislation.

Sanctions

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

Authority

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

Repealed communique

ARTICLE 15 - (1) The Import Inspection Communique for Personal Protective Equipment (Product Safety and Inspection: 2013/11) published in the Official Gazette No. 28513 (second repeated) dated 30/12/2012 has been repealed.

Transition process

PROVISIONAL ARTICLE 1 - (1) The import of products for which a transport document was issued for export purposes in the country of departure, or which were presented to the customs administrations in accordance with the customs legislation, before the date this Communique entered into force, is concluded, at the importer's request, according to the Import Inspection Communique for Personal Protective Equipment (Product Safety and Inspection: 2013/11).

(2) For the import of products under the CTIPs specified in annex-1 but not specified in annex-1 of the Import Inspection Communique for Personal Protective Equipment (Product Safety and Inspection: 2013/11), the provisions of this Communique are not applied for a period of 45 days. This paragraph is not applied for CTIPs changed due to changes made in the Turkish Customs Tariff Schedule.

Entry into force

ARTICLE 16 - (1) This Communique enters into force on 1/1/2014.

Enforcement

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