EXEMPTIONS AND EXCEPTIONS IN PRODUCT SAFETY INSPECTION

Ersin BAKANOĞULLARI
Deputy Director of Technical Regulations

The product safety and control communiqués, prepared based on Article 4 of the "Technical Regulations Regime Decision" put into effect by the Decision of the Council of Ministers dated 28.01.2013 and numbered 2013/4284, cover the products that will be subject to the free circulation regime and ensure that the products in question comply with the relevant regulations. aims to control. The product in question In each product safety and control communiqué, reference is made to the common exemptions and exceptions included in all communiqués, as well as special exemptions and exceptions on a communiqué basis.

Failure to apply through TAREKS for the import of the goods specified in the first paragraph of Article 112 of the "Decision on the Implementation of Certain Articles of the Customs Law No. 4458", annex to the Council of Ministers Decision No. 2009/15481 dated 29.09.2009, included in the product safety and control communiqués, A.TR Circulation For the products declared in TAREKS by the certified user, the TAREKS reference number is directly created to prove that the product can be imported, for the returned goods, the export declaration number of these products is entered into TAREKS by the user, and the returned products can be placed on the market provided that they comply with the technical legislation. Direct creation of the TAREKS reference number indicating that the product can be imported following the uploading of the undertaking to TAREKS by the user is among the common exemptions and exceptions of product safety and control communiqués.

When an application is made regarding goods with A.TR Movement Certificate and returned goods, the TAREKS reference number is most likely given directly. However, it is also stated in the product safety and inspection communiqués that, when necessary, products with A.TR Movement Certificate or returned goods can be directed to actual inspection in the evaluation to be made according to risk analysis.

In product safety and inspection communiqués, exemption is granted to sample items and models that do not have significant value and can be used to place orders in terms of the goods they represent. The term sample goods and models means any item or sample that represents a certain type of goods and whose presentation form and quantity cannot be used for any purpose other than placing an order for a certain type or quality of goods. The customs administration has the authority to take measures to prevent permanent use of goods that can be used on their own, by tearing, puncturing, marking clearly and permanently, or any other process, in a way that does not destroy their feature of being a sample or model during the application of the exemption.

In the Product Safety and Control Communiqués No. 1, 8, 9, 15 and 25, it is stated that the industrialists holding the AQAP Certificate (Allied Quality Assurance Publications- Allied Quality Assurance Certificate) will be required to import the products specified in the communiqué for their own needs. Following its definition in, the TAREKS reference number created directly for each product subject to import is allowed to be used in subsequent imports of the same products until the end of the current year. Likewise, in the Product Safety and Control Communiqués No. 1 and 9, industrialists holding the GMP Certificate (Good Manufacturing Practices Certificate) will be able to import the products specified in the communiqué for their own needs, following the definition of the GMP Certificate submitted by the companies to the Ministry of Commerce in TAREKS. The TAREKS reference number created directly for the product is also allowed to be used in subsequent imports of the same products until the end of the current year. Although it is highly likely that industrialists holding AQAP and GMP certificates will be given a TAREKS reference number in their applications for products subject to import for their own needs, it is also stated in the relevant communiqués that the products in question can be directed to actual inspection when necessary in the evaluation to be made according to the risk analysis.

Another exception is included in communiqués no. 9 and 25. Accordingly, the said Ministry or the organization to be authorized by the said Ministry shall issue a letter regarding production input exemption for the products included in the notification, which are imported by the industrialist or the supplier importing on behalf of the industrialist to be used as input in the products produced by the industrialists, and which are deemed appropriate by the Ministry of Industry and Technology, and Following the uploading of the prepared letter to TAREKS electronically, the TAREKS reference number for the import of the product is created directly. Undoubtedly, these products can also be directed to actual inspection when necessary, in the evaluation to be made according to risk analysis.

In addition, in the Product Safety and Control Communiqué No. 1, the direct creation of the TAREKS reference number indicates that products considered as goods that do not constitute a batch can be imported according to the quantities taken by the Ministry of Commerce; It has been stated that there is no need to apply through TAREKS for machinery and equipment imports within the scope of investment incentive legislation, imports of products within the scope of the Turkish Petroleum Law No. 6491 dated 30.05.2013, imports made by the Ministry of National Defense and imports made by the Presidency of Defense Industries on behalf of AQAP certified institutions and organizations.

 TAREKS of the relevant documents submitted to the Ministry of Commerce by the companies for their imports of the products whose standards are specified in the communiqué for the needs of industrialists who have a "Manufacturing Qualification Certificate" or "Type Approval Certificate" exclusively for the production of automotive or two or three-wheeled motor vehicles and companies importing on behalf of these industrial companies. Following its definition in , the TAREKS reference number created directly for each product subject to import can be used in subsequent imports of the same products until the end of the current year.

 If the products whose standards are specified in the said communiqué are intended to be imported for the purpose of being used as input within TSE branded products, the industrialists notified to the Ministry of Commerce by TSE that they have a trademark usage agreement with TSE will be required to import the product for each import batch, limited to the duration of the trademark usage agreement. It is stated that the TAREKS reference number will be created directly.

In the Product Safety and Control Communiqué No. 14, it is stated that if the secondary processed products obtained from the products imported within the scope of the Inward Processing Regime Decision are included in the lists annexed to the communiqué, there is no need to apply through TAREKS if these products are subject to the Free Circulation Regime. .

In the Product Safety and Control Communiqué No. 15, pacemakers, batteries placed in vital medical devices, batteries or accumulators in devices with permanently installed batteries depending on industrial use, batteries or accumulators used in scientific and professional fields, can only be used by experts. It is allowed to declare batteries or accumulators in devices that need to be removed and that need to operate continuously without interruption, outside the scope of the notification.

In addition, in the Product Safety and Inspection Communiqué No. 1, industrialists and these industrial companies holding "Manufacturing Qualification Certificate" or "Type Approval Certificate", which are exclusive to the production of automotive or two- or three-wheeled motor vehicles, regarding products that are considered as goods that do not constitute a batch. Although it is stated that the TAREKS reference number will be created directly in the application for the products that the companies importing on behalf of the company want to import, it is stated that the products in question can also be directed to actual inspection within the scope of risk assessment.

On the other hand, although it is stated in the annexed lists of the communiqués as GTIP, it is also stipulated in the communiqués that the out-of-scope TAREKS reference number should be used for products that are not within the scope of the regulation or technical regulation specified in the communiqué. However, products declared to the customs administrations as out of scope and determined by the customs administration to be in the list annexed to the communiqué may be directed to actual inspection by the relevant customs administration, provided that they are under customs supervision. In this case, a TAREKS audit application must be made.

Source:

Product Safety and inspection communiqués no. 2020/1, 8, 9, 10, 11, 14, 15, 16 and 25 (Official Gazette no. 30991 dated 27.12.2019)

Technical Regulations Regime Decision put into effect by the Council of Ministers Decision No. 2013/4284 dated 28/1/2013

Decision on the Implementation of Certain Articles of the Customs Law No. 4458, annex to the Decision of the Council of Ministers No. 2009/15481 dated 29/9/2009

QUESTIONS AND ANSWERS

Question 1. What is risk analysis?

Answer: Information about the company in TAREKS in order to determine the risk level of the products and whether they will be directed to actual inspection; results of past import inspections and market surveillance; manufacturer or importer company or its representative; entry customs; type, brand, model, price and quantity of the product; It is an analysis based on origin, exit, country of shipment or trade, and other information that can be used for risk determination.

Question 2. What is the AQAP Certificate?

Answer: It is the Industrial Quality Assurance Level Certificate issued by the Ministry of National Defense.

Question 3. What is GMP Certificate?

Answer: It is the Good Manufacturing Practices Certificate given to pharmaceutical industrialists by the Ministry of Health, showing that the necessary quality control is carried out at every stage of production.

Question 4. What is actual control?

Answer: One or more of the document control, sign control, physical examination and laboratory test is called actual inspection.

Question 5. If the application is directed to actual inspection, which is the authorized institution that will carry out the inspection?

Answer: The Turkish Standards Institute carries out the audit regarding Product Safety and Inspection Communiqués No. 1, 9 and 25. The Ministry of Commerce carries out the inspections regarding Product Safety and Inspection Communiqués No. 8, 10,11,14,15,16.