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0509_E_CE-Marking-Turkey

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									Turkey
Standardisation for Foreign Trade
(CE Marking)
Compiled by: Swiss Embassy, Ankara, May 2009


Background

Turkey has committed to align its standards for foreign trade with the European Union. For this aim, the Under-
secretariat of Foreign Trade-UFT (www.dtm.gov.tr), the official body for foreign trade regulations, has been
working for the adaptation of more than twenty European Union industrial directives. As of today, Turkey has
finalised the harmonisation of EU’s New Approach Directives concerning the following product groups and put
into force the relevant technical regulations in the domestic market.

   -   Low voltage equipment (73/23/EEC; 93/68/EEC; 2006/95/EC)
   -   Electromagnetic compatibility (89/336/EEC; 92/31/EEC; 93/68/EEC; 2004/108/EC)
   -   Lifts (95/16/EEC)
   -   Machinery (98/37/EC; 98/79/EC)
   -   Equipment and protective systems intended for use in potentially explosive atmospheres
       (94/9/EC)
   -   Civil explosives (93/15/EEC)
   -   Cableway installations designed to carry persons (2000/9/EC)
   -   Gas appliances (90/396/EEC; 93/68/EEC)
   -   Pressure equipment (97/23/EC)
   -   Simple pressure vessels (87/404/EEC; 90/488/EEC; 93/68/EEC)
   -   Hot water boilers (92/42/EEC; 93/68/EEC)
   -   Non-automatic weighing instruments (90/384/EEC; 93/68/EEC)
   -   Measuring instruments (2004/22)
   -   Active implantable medical devices (90/385/EEC; 93/42/EEC; 93/68/EEC)
   -   Medical devices (93/42/EEC; 98/79/EC)
   -   In vitro diagnostic medical devices (98/79/EC)
   -   Toys (88/378/EEC; 93/68/EEC)
   -   Recreational craft (94/25/EC; 2003/44/EC)
   -   Construction products (89/106/EEC; 93/68/EEC)
   -   Personal protective equipment (89/686/EEC; 93/68/EEC; 93/95/EEC; 96/58/EEC)
   -   Radio and telecommunications terminal equipment (1999/5/EC)
   -   Marine equipment (96/98/EC; 2002/84/EC)
   -   Household electric refrigerators, freezers and combinations (96/57/EC)
   -   Transportable pressure equipment (99/36/EC)
   -   Noise emission in the environment by equipment for use outdoors (2000/14)
   -   Energy efficiency requirements for ballast for fluorescent lighting (2000/55/EC).


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Turkey is working to establish a market surveillance mechanism for imported goods that are covered
by the above mentioned directives. However, the incomplete infrastructure of the ministries (the Min-
istry of Health, the Ministry of Agriculture and Rural Affairs and the Ministry of Industry and Trade)
responsible for conducting market surveillance does not allow an immediate implementation by those
authorities. Therefore, the UFT and Turkish Standards Institute (TSE) are the official bodies conduct-
ing inspection procedures at the import stage on behalf of the relevant ministries.

At the end of each year, the UFT announces the import regime to be applied in the following year,
which includes some changes/revisions and/or new regulations, by communiqués published on the
Official Journal. The regulations could be amended by new communiqués during the year.

In this context, the Standardization for Foreign Trade Communiqué on Import Controls of Some Pro-
ducts which are required to bear CE Marking (No: 2009/9)1 has been revised for 2009 and has be-
come effective as of January 1st, 2009. The new communiqué covers the following product categories:
machinery, electrical equipment designed for use within certain voltage limits, products creating
electromagnetic environment and/or affecting by this environment, lifts and safety components, pres-
sure equipments, simple pressure vessels, transportable pressure equipment, appliances burning ga-
seous fuels and hot-water boilers. The inspections are carried out in respect of essential requirements
which are laid down in the technical regulations regarding these products.

The UFT has been taking over the inspection responsibility of some product categories from the TSE
to assure a gradual transition towards market surveillance. The UFT experts have been making inspec-
tion of the following product categories at the import stage; Toys, medical devices, personal protec-
tion equipment, batteries and accumulators, telecommunication and terminal equipment, construction
material and some of cosmetics and detergents.

The TSE, Turkish Cement Manufacturers’ Association and Turk Loydu have been recognised as noti-
fied bodies in Turkey responsible for carrying out the conformity assessment procedures referred to in
the applicable New Approach directives.


Documentation

The goods exported from the EFTA countries to Turkey have to travel with a movement certificate
called EUR.1. In fact EUR.1 is a type of certificate of origin used to prove the origin of the good in
order to receive preferential import duty treatment at Turkish customs. The industrial and process ag-
ricultural goods are exempted from any type of custom taxes due to the EFTA trade agreement with
Turkey. But some of the goods categorised under the luxury items are subject to special consumption
tax (varies from 6.7% to 84%). The Value Added Tax (VAT), however, is applicable to all types of
goods imported and its amount varies from 1% to 18%.
A.TR movement certificate is used for industrial goods exported from the EU countries to Turkey.
The purpose of this certificate is to demonstrate that the exported goods are manufactured in the EC or


1
    Please refer to Appendix II for the communiqué.

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have free circulation status within the EC in order that a preferential rate of duty can be claimed at
Turkish customs.
Officially authorised exporters may also use the invoice as the proof of origin. However, the customs
authority may ask a Certificate of Origin, in addition to EUR.1 or A.TR certificate and/or an invoice
declaration, for some categories of goods if there is a safeguard action initiated by the Turkish au-
thorities to prevent diversion of trade via third countries.

The imported products are inspected at the time of import in terms of CE compliance. A letter of con-
formity shall be issued by the TSE in case that the declaration of conformity is submitted to the TSE
before the import stage. The declaration for conformity should include the applicable directive(s), the
name of the manufacturer or its authorised representative, the name of the notify body (if involved),
product information and reference to harmonised standards. If the notified body is also involved in the
process, the type examination certificate should also be annexed.

CE Mark must be affixed to the data plate or to the product. If not, it should be placed on packaging
and accompanying documents. The mark must be affixed visibly, legibly, and indelibly. Its size must
also comply with the predetermined proportions.

For the products falling outside of the scope of the EU’s New Approach Directives, the TSE’s stan-
dards would apply. The TSE is the responsible body for issuing compliance certificate with respect to
Turkish standards.

Under the current enforcement, some major documents requested by the Turkish authorities at the
import stage are as follows:

   -   Copy of invoice or proforma invoice
   -   EUR.1 certificate (for EFTA countries)
   -   declaration of conformity
   -   CE-tag on the good and/or package
   -   instruction manuals in Turkish
   -   technical file of the good imported (e.g. drawings, list of the components, test reports, etc.)
   -   any other certificate specific to the good such as health certificate

Please prepared and submit those documents with the others (see Annex 2 of Appendix II) timely in
order to avoid unwanted delays and problems at Turkish customs.

A majority of goods travelling with EUR.1 certificate go automatically to the TSE for inspection whe-
reas goods having A.TR certificate is not (usually) subject to physical inspection (unless it is obvious
that this product presents serious risk and danger). Therefore the customs procedures of the EU origi-
nated goods run more smoothly than others. This may sometimes pose serious problems for non-EU
originated goods, for example rejection of goods, extra costs (inspection fees) and delays in delivery
(end-customer dissatisfaction).




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Please be also informed that even a company complies with all the regulations and submit a file with-
out any discrepancy, the local authorities can follow test procedures, even for the same good tested in
the previous deliveries, should it decide that the product presents serious risk and danger.

Please also make sure that the documents (like representation declaration, guarantee certificate, CE
conformity declaration, etc.) that might be needed by your local representative/agent in order to par-
ticipate in tenders opened by Ministries and/or public organisations have to be verified by means of
Apostile by the Turkish Embassy/Consulate or the Swiss Staatskanzlei in Switzerland.


Problem shooting

According to a decision taken in the EFTA meeting held on July 1st, 2004, Turkish authorities agreed
on to help to solve problematic issues case by case. The State Secretariat for Economic Affairs
(SECO) prepared the attached application form (please see Appendix I) for this purpose. Meanwhile,
the EFTA Secretariat and the Turkish authorities are working on a protocol (Protocol E) which will
ease conformity assessment procedures.

If you have difficulties in clearing customs in spite of having the appropriate CE Marking and sup-
porting documents as well as a complete file as required by the Turkish authorities, please notify the
Economic and Commercial Section of the Swiss Embassy in Ankara, Turkey, by using the attached
questionnaire.




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                                                                                         Appendix I


Information about problems at the Turkish borders

(Please use this form only if you have a problem in the field of conformity assessment (testing, inspec-
tion, and certification) and/or the application of the CE mark. It is important that only current prob-
lems are reported. Problems occurred in the past shall not be mentioned)


Name and address of the enterprise:




Name and phone number / email address of the contact person at the enterprise:



____________________________________________________________________________




With what kind of problems has your enterprise currently to deal with when exporting to Tur-
key? (Please give detailed information about the problems encountered / what specific requirements
of the Turkish Authorities cause the problems)

___________________________________________________________________________




____________________________________________________________________________



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Are your products blocked at the Turkish borders?

   Yes
   No

If yes, please indicate since when: _________________________________________________

Where the goods are blocked (address of the responsible customs office)?

_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________


What kind of products are concerned (incl. Customs tariff number of the harmonized system if
possible)?

___________________________________________________________________________




Is the affixing of a CE mark required for your product according to relevant Directives of the Euro-
pean Union?

   Yes
   No

      If yes, please specify which Directive(s) is (are) applicable to your product:

       98/37/EC (machinery)
       93/42/EEC (medical devices)
       90/385/EEC (active implantable medical devices)
       98/79/EC (in vitro diagnostic medical devices)
       73/23/EEC (low voltage equipment)
       89/336/EEC (electromagnetic compatibility)
       88/378/EEC (toys)
       other(s), please specify:                                        ____________



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Is the CE mark affixed on the product and/or on the packaging?

   The CE mark is affixed on the product
   The CE mark is affixed on the packaging

   No CE mark is on the product/packaging

Has a EC declaration of conformity (manufacturer’s declaration of conformity) been sent to the
customs authorities or to the Turkish Standardization Institute (TSE)?

   The EC declaration of conformity has been sent to Turkey together with the product.
   The EC declaration of conformity has been sent to Turkey before delivery of the product
   The EC declaration of conformity has been sent to Turkey after delivery of the product
   No EC declaration of conformity has been sent to Turkey

Have any other documents been sent to the Turkish customs authorities and/or TSE? Please
specify:

__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________


Please write the name and address (phone; email) of the customs agent in Turkey dealing with
your products.

__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________



Please send the form to Mr. Levent Durukan at the Swiss Embassy in Ankara      (Fax: +90-312 467
11 99; email: levent.durukan@eda.admin.ch) and a copy to Mrs. Andrea Schmid-Riemer at the State
Secretariat for Economic Affairs in Switzerland (andrea.schmid-riemer@seco.admin.ch ).




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                                                                                           Appendix II


Standardization for Foreign Trade Communiqué on Import Controls of Some Products which
are required to bear CE Marking (No: 2009/9) (Official Journal Date/Number: 31 December
2008 / 27097)

From the Undersecretariat of Foreign Trade:

Purpose and Scope
Article 1- (1) Purpose of this Communiqué is to regulate principles and procedures regarding import
controls of the products which are considered as risky and which are ascertained to fall in the scope of
regulations laid down in the annexed table
(Annex 1).

General Provision
Article 2- (1) When the products to be imported are in the scope of Regulations laid down in Annex 1,
they shall be in conformity with the provisions of the Regulation to which they are subordinated.

Basis
Article 3- (1) This Communiqué is issued based on the provisions of Article 17 to Regulation on Mar-
ket Surveillance of the Products, which was entered into force by 2001/3529 numbered Decree pub-
lished in the Official Gazette no: 24643 dated 17.Jan.2002 and Article 4 to 07.Sep.2005 dated and
2005/9454 numbered Decree on the Regime Of Technical Regulations And Standardization For For-
eign Trade which was published on 13.Oct.2005 dated and 25965 numbered Official Gazette.

Determination of Risky Product Lists
Article 4- (1) The lists of risky products are determined by the competent authority and the Under-
secretariat of Foreign Trade, in order for them to be subject to import controls, out of the products
ascertained to fall in the scope of related Regulations by the concerned competent authority. These
lists are notified to the Undersecretariat of Customs and Turkish Standardization Institute by the Un-
dersecretariat of Foreign Trade (General Directorate of Standardization for Foreign Trade).

Import Controls and Certification
Article 5- (1) Import controls of the products (other than those which have A.TR Certificate and
which are originating in European Union member countries) which are intended to be released for free
circulation, shall be carried out by Turkish Standardization Institute in pursuant to the provisions of
the related regulation, where such products fall into the scope of Regulations laid down in Annex 1
and they are in the lists of risky products notified to the Undersecretariat of Customs.

Article 6 - (1) Importer or representative shall apply to the nearest local representative of Turkish
Standardization Institute along with the application form (Annex 2) and information form (Annex 3),
for the import of the products which fall into the scope of this Communiqué.




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(2) Import controls shall be conducted as document and/or marking controls and/or physical examina-
tion. The product shall be subject to test if it is doubted that the product does not comply with the re-
lated regulation or safety requirements.

(3) Where it is determined that the product complies with the related legislation after the controls car-
ried out by Turkish Standardization Institute, the Letter of Conformity is drawn up. The Letter of
Conformity drawn up is sent to the related customs administrations by Turkish Standardization Insti-
tute and the importer or representative shall also be notified about the situation.

(4) In case EU Declaration of Conformity substantiating that the products are in conformity with the
provisions of related regulation and/or documents relating to products (for the products requiring No-
tified Body) are submitted to Turkish Standardization Institute, in imports of products produced by
industrialists operating in free zones, the Letter of Conformity is given to the related company to be
valid within the end of the current year and the same product shall not be subject to controls in subse-
quent imports.

(5) Even if the conformity to the technical requirement for a product is substantiated by a document, if
it is determined after the controls carried out that the product does not comply with the related techni-
cal legislation and/or safety requirements, the Non-Compliance Letter (indicating the reasons) shall be
drawn up. The Non-Compliance Letter drawn up shall be sent to the customs administration and the
importer or the representative shall be notified about the situation.

(6) Turkish Standardization Institute shall prepare and sent the monthly evaluation table (Annex 5) to
the competent authority within first 10 days of every month.

Exemptions and Exceptions
Article 7 - (1) This Communiqué shall not apply for personal belongings and samples.

a.       "Personal belongings" denotes the goods, for which it appears by considering the quantity and
the purpose of use that they are not imported for commercial use and the goods which are used for
fulfilling the requirement related with household and private life, provided that they are not related
with professional or commercial activities.
b.       "Sample" denotes an article, good or model, which represents a specific kind of article and it
appears by considering the form of presentation and quantity that, usage of it is not possible for pur-
poses other than ordering the article it represents.

Article 8 - (1) When the products which fall into the scope of this Communiqué are intended to be
imported to be used as input for the products produced by industrialists, the industrialist or the sup-
plier who imports on behalf of the industrialist shall apply to the Provincial Directorate of Industry
and Commerce who drawn up the Certificate of Registry of Industry. The letter of the Provincial Di-
rectorate of Industry and Commerce substantiating that the products intended to be imported are ex-
empted from the provisions of this Communiqué, shall be sent to the related customs directorate.

Article 9 - (1) This Communiqué shall not apply for products ascertained as returned goods.



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Procedures to be carried out by Customs Directorates
Article 10 - (1) Conformity Letter or Uncovered Product Letter drawn up by Turkish Standardization
Institute shall be required by customs directorates for the products that are in the lists of risky prod-
ucts notified to the Undersecretariat of Customs by the Undersecretariat of Foreign Trade.

(2) The customs administration shall not allow imports of products for which a Non-Compliance Let-
ter is drawn up by Turkish Standardization Institute and shall attach the Non-Compliance Letter to the
summary declaration and way bill.

(3) The customs administration shall not require Conformity Letter or Uncovered Product Letter for
the products which are accompanied by A.TR and declared as originating in European Union by the
importer.

(4) The customs administrations shall prepare and sent the annexed monthly evaluation table (Annex
4), exclusively related with products released for free circulation in European Union, to the competent
authority within first 10 days of every month.

(5) The customs administrations shall directly allow import of products which are in the scope of arti-
cles of heading "Exemptions and Exceptions" to this Communiqué. Information about the product and
importer company shall be reported to the competent authority, where such products are imported in
the scope of returned goods.

Sanctions
Article 11 - (1) Related provisions of 4703 numbered Law on the Preparation and Implementation of
Technical Legislation on Products which was published in 11.Jul.2001 dated and 24459 numbered
Official Journal, Law No: 5607 on Anti-Smuggling which was published in 31.Mar.2007 dated and
26479 numbered Official Journal, Decree No: 2005/9454, on the Regime Of Technical Regulations
And Standardization For Foreign Trade which was published in 13.Oct.2005 dated and 25965 num-
bered Official Journal, and other related legislation's provisions shall apply for those who act in viola-
tion of this Communiqué and who have given false and misleading declaration.

Article 12 - (1) The importer shall be responsible for ensuring that the imported product complies
with the related technical regulations and safety requirements, according to the provisions of 4703
numbered Law on the Preparation and Implementation of Technical Legislation on Products.

Measures regarding with implementation
Article 13 - (1) The Undersecretariat of Foreign Trade (General Directorate of Standardization of For-
eign Trade) is authorized to take measures and make legal arrangements with regard to implementa-
tion of the provisions of this Communiqué.

Article 14- (1) For subjects not included in this Communiqué, other related legislation shall apply.

Repealed Legislation
Article 15 - (1) 2008/9 numbered Standardization for Foreign Trade Communiqué on Import Controls



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of Some Products which are required to bear CE Marking which was published in 31.Dec.2007 dated
and 26743 numbered Official Journal is repealed.

Entry into Force
Article 16 - (1) This Communiqué enters into force on 01.Jan.2009.

Execution
Article 17- (1) This Communiqué is executed by the Minister to whom the Undersecretariat of For-
eign Trade is subordinated.

Annexes:

   1. Annex 1
   2. Annex 2 - Application Form
   3. Annex 3 - Information Form
   4. Annex 4 - Monthly Evaluation Table showing the Break-Downs of Products which had been
      released for free circulation in EU
   5. Annex 5 - Monthly Evaluation Table about Import Controls



Annex 1

PRODUCT GROUP                  COMPETENT AUTHORITY RELATED REGULATION
                               The Ministry of Trade and In-
Machinery                                                    Regulation on Machinery Safety
                               dustry
Electrical equipment designed                                Regulation on Electrical Equip-
                               The Ministry of Trade and In-
for use within certain voltage                               ment Designed For Use Within
                               dustry
limits                                                       Certain Voltage Limits
Products creating electromag-                                Regulation on Electromagnetic
                               The Ministry of Trade and In-
netic environment and/or af-                                 Compatibility
                               dustry
fected by this environment
                               The Ministry of Trade and In- Regulation on Lifts
Lifts Safety Components
                               dustry
                               The Ministry of Trade and In- Regulation on Pressure Equip-
Pressure Equipments
                               dustry                        ment
                               The Ministry of Trade and In- Regulation on Simple Pressure
Simple Pressure Vessels
                               dustry                        Vessels
Transportable Pressure Equip- The Ministry of Trade and In- Regulation on Transportable
ment                           dustry                        Pressure Equipment
Appliances Burning Gaseous The Ministry of Trade and In- Regulation on the Appliances
Fuels                          dustry                        Burning Gaseous Fuels


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                                     The Ministry of Trade and In- Regulation on the New Hot-
Hot-Water Boilers
                                     dustry                        Water Boilers



Annex 2 - Application Form

Başvuru Formu

TSE                                                                                                   ......
Temsilciliğine
                                                                                                  ...... /
...... / ........

İthal etmek istediğimiz ekli belgelerde tanımlanan ürünler için UYGUNLUK YAZISI almak istiy-
oruz. Konu ile ilgili mevzuat çerçevesinde bütün hüküm ve şartları kabul ettiğimizi belirtir, gereğini
arz ederiz.


Firma Unvanı
Yetkili İmza

..... Representative of Turkish Standardization Institute

We would like to obtain the CONFORMITY LETTER for the products, defined in the attached docu-
ments that we wish to import. We hereby declare and certify that we accept all the conditions and
provisions with regard to the related legislation, and request the issue of the letter.

Name/Title of the Importer
Authorized Signature
Date

Appendices:

     •     Copy of invoice or proforma invoice,
     •     List of authorized signatures or Copy of the letter of authority
     •     EU Declaration of Conformity - (if the declaration is in an EU language other than English,
           certified Turkish translation is also required along with the declaration)
     •     Any of the documents stated below
               o Warehouse Declaration,
               o Summary Declaration,
               o Bill of lading (Consignment, CMR Document, TIR-Carnet etc.)




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Annex 3 - Information Forma

Customs administration through which the import is to be car-
ried out:
Exporter Company:
- Business Title
- Address (country, city, district, zip code)
- Tel, fax, e-mail, web address
Producer:
- Business Title
- Address (country, city, district, zip code)
- Tel, fax, e-mail, web address
Customs Declaration Form:
- Type
- Date
- No
Country of origin for imported product:
Importer Company:
- Business Title
- Address (country, city, district, zip code)
- Tax Registration No
- Tel, fax, e-mail, web address
Country of Import:
Representative of the Importer:
- Business Title
- Address (country, city, district, zip code)
- Tax Registration No
- Tel, fax, e-mail, web address
Product to be imported
- HS Code
- Type
- Commercial Brand Name
- Quantity and unit of measurement
                                                                (Statistical value on the customs
- Value (in USD)
                                                                declaration form is taken as basis)
- Date of arrival of the product to the customs area




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Date:                   May 2009

Author:                 Levent Durukan, Commercial Attaché

Author’s address:       Swiss Embassy
                        Atatürk Bulvari No.247
                        Ankara - Turkey




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