NON-EXHAUSTIVE LIST OF ISSUES AND QUESTIONS TO FACILITATE PREPARATIONS FOR BILATERAL. Chapter 1: FREE MOVEMENT OF GOODS GENERAL ASPECTS

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1 NON-EXHAUSTIVE LIST OF ISSUES AND QUESTIONS TO FACILITATE PREPARATIONS FOR BILATERAL SCREENING MEETINGS WITH CROATIA AND TURKEY IN THE AREA OF: Chapter 1: FREE MOVEMENT OF GOODS GENERAL ASPECTS I. GENERAL PRINCIPLES Free Movement of Goods in the Non-Harmonised Area 1. Do measures exist in the laws, regulations or administrative provisions adopted at national or local level on the production, distribution and marketing of industrial products: a. relating to the price of such products (e.g. fixing the prices above or below which the importation or marketing of a product is prohibited or restricted, laying down profit margins or the other price components, etc)? As a general rule, the prices are determined under the free market conditions. Yet, for a limited number of products, special pricing mechanisms are in place. Pricing on alcoholic beverages: According to Article 1 of Law No.4250 on Alcohol and Alcoholic Beverages, authorization of pricing of the products except beer and wine in production, and except whiskey and natural sparkling wine in importation belongs to the Tobacco, Tobacco Products, and Alcoholic Beverages Market Regulatory Authority (Tobacco and Alcohol Authority). Except beer and wine, on the condition that the alcoholic beverages producers that fulfil the production requirement by setting up the facility with at least one million litres (it is reduced to litres in 2006) annual production capacity and receive production permit, in one calendar year do not reach the production quantity stated at the No Law, the pricing and distribution authorization passes to the Authority. The retail sale price of each of the products in terms of brand and package whose pricing authorization is held by the Authority are determined. Except whiskey and natural sparkling wine, the firms that reach the quantity that is stated at the No.4250 Law (for 2006, litres) are able to freely price and distribute the alcohol and alcoholic beverages that they have imported within the concerned calendar year and the year following the year in concern. The retail prices offered by firms in the form of tables are sent to the Authority. The evaluation is made by taking into consideration the portfolio data that is concerned with the subject and market conditions. From the prices that are determined, the firms, on the condition that they have literally notified to the Authority, may increase or decrease the price within the 10% limit. Concerning the changes beyond this proportion, firms re-arrange the selling price tables and notify to the Authority with the reasons of the change. Until today, all price offers that are received as firm offers are welcomed in the same manner. Pricing for pharmaceuticals:

2 Pricing of medicinal products for human use is carried out according to the Decree on the Pricing of Medicinal Products for Human Use, which was published in the Official Gazette No , dated and entered into force on the same day. This Decree establishes a reference pricing system. On the other hand, categorisation of profit margins for retail pharmacies and wholesalers are laid down in relevant Communiqué of 3 March 2004, which was published in Official Gazette No (as amended by Communiqué of 22 April 2004 published in Official Gazette No ). Sale of human medicinal products whose prices are above the stated retail prices is not allowed. b. which require import licences or permits for imported goods (e.g. licence for import of automobiles)? As a general rule, import licenses or permits are not required for imported goods. Yet, public authorities have the power to regulate and monitor the imports of certain goods on grounds of public morality, public policy or public security; the protection of health and life of humans, animals or plants or the protection of industrial and commercial property. I. Import licenses or permits required under the Import Regime Decree and Communiqués are as follows. Further explanation and product coverage of the Communiqués are provided in Annex I. Import Communiqué Product coverage Rationale Competent Authority War Weapons and parts thereof Public security Military and Security authorities Radioactive substances and apparatus using such substances Public security / Public health Turkish Atomic Energy Authority Certain communication apparatus Public security Telecommunications Authority Maps and similar documents Public security/ Public policy Turkish Naval Forces for imports of sea maps; Ministry of National Defence, General Command of Mapping Products which can only be imported with a guarantee certificate Consumer Protection Ministry of Industry and Trade Motor vehicles Public security / Road safety Ministry of Industry and Trade Products used in civil air crafts Public security General Directorate of Civil Aviation Import Product coverage Rationale Competent Authority 2

3 Communiqué Banknotes and similar commercial papers Some explosive substances, fire guns, knives and similar articles Public Security Public Security Undersecretariat of Foreign Trade Board of Capital Market Ministry of Interior Solvents and certain petroleum products Public policy, consumer protection Energy Market Regulatory Authority Products which affect workers health and work security Public Security Ministry of Labour and Social Security Ozone depleting substances Vienna Convention for the Protection of the Ozone Layer and The Montreal Protocol on Substances That Deplete the Ozone Layer Undersecretariat of Foreign Trade Fertilisers Public policy Ministry of Agriculture and Rural Affairs Substances listed in the annexes to the Convention on the Control of Chemical Weapons "Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction" (CCW) Undersecretariat of Foreign Trade Endangered Species of Wild Fauna and Flora. Convention on the International Trade of Endangered Species of Wild Fauna and Flora. Ministry of Agriculture and Rural Affairs Ministry of Environment and Forestry Import Regime Decree (Art.7) Old, used, renovated, faulty (defective) goods Public Policy Undersecretariat of Foreign Trade 3

4 II. Under the Technical Regulations and Standardization Regime, the following certificates/permits are required at the importation stage. For certain products, a control certificate is required. The relevant Ministries perform a documentary control prior to the import stage and issue a control certificate. These certificates are valid for a stated period from 4 to 12 months and for a stated quantity of imported goods. Within the limits of time and quantity the importer may use this control certificate for multiple imports. Under Communiqué 2006/1, the Turkish Standards Institute (TSE) is designated to carry out conformity assessment for some industrial products at the import stage according to national mandatory standards. This means that the importer has to go to TSE upon his customs declaration. After testing or analysing (if necessary) the samples of products, TSE issues a certificate of conformity if the product complies with the relevant standard. There are exemptions from testing procedures, such as CE-marked products coming from the EU. When goods arrive at the border the custom officers check the presence of the required conformity or control certificates, if due, and release the goods for free circulation into Turkey.. Communiqué No. Products Covered Competent Authority Implementation 2006/1 Construction products; gasoline and diesel; automotive products; pressure equipments; gas appliances; lifts; batteries; lighters; feeding bottles; ethyl alcohol etc. 2004/9 and 2004/22 Products under Medical Devices, LVD, EMC, Machinery Directives Undersecretariat of Foreign Trade Implemented by: TSE Ministry of Industry and Trade Ministry of Health Implemented by: TSE - National standards or their equivalents (ISO, CEN, CENELEC or ETSI) applicable - Products from EU and certified according to EU legislation are exempt from physical checks (CE, e etc.) - Certificate of conformity is required - Only products coming from outside EU are subject to border controls - Certificate of conformity is required 2006/3, 2006/6 and 2006/7 Waste materials, chemicals, fuels Ministry of Environment and Forestry - Partly based on international agreements - Some products are prohibited from import - Control certificate is required 4

5 Communiqué No. Products Covered Competent Authority Implementation 2006/4 Narcotic and psychotropic materials regulated with international agreements; Medicinal products (raw, semi-final and final) for human use; medical devices (in-vitro); baby foods; drinking water and relevant products 2006/5 1 Biological products such as serum materials; livestock and veterinary products; phytosanitary products; feed products; medicinal products (raw, semi-final and final) for animal use; foodstuffs including spirit drinks; other agricultural and fishery products 2005/7 2 Alcoholic beverages, tobacco and tobacco products Ministry of Health Ministry of Agriculture and Rural Affairs Tobacco and Alcohol Authority - Partly based on international agreements - Some products are prohibited from import - Control certificate is required - Control certificate is required - To ensure market regulation in the sector - Certificate of conformity is required 1 The MARA issues control certificates for foodstuffs. Imports of food additives, aromas and the materials in contact with foodstuffs does not require control certificate. Both of these product groups (whether they require control certificate or not prior to the import stage) are subject to inspection at the customs by the MARA. 2 In imports of alcoholic beverages, in addition to the Control Certificate issued by MARA, the Tobacco and Alcohol Authority issues Certificate of Compliance for Import based on the notification of the companies in order to ensure market regulation, 5

6 Communiqué No. Products Covered Competent Authority Implementation 2005/23 Cosmetics Ministry of Health 2005/32 Detergents Ministry of Health 2002/6 Automotive Tyres Ministry of Industry and Trade - No pre-market access control - Notification of products to be placed on the market for the first time - No pre-market access control - Notification of products to be placed on the market for the first time - e or E marking is required - Guarantee certificate must be endorsed - Certificate of conformity is required c. which make access to the domestic market conditional upon having a agent or representative in the territory of your country (e.g. legislation which provides for the sale of certain goods in your country subject to authorisation that may be obtained only by a person established in your country)? There is no arrangement that requires having an agent or representative established in Turkey in order to have access to the domestic market. Only as regards the pharmaceuticals (for human and animal use) and veterinary biological products, there must be an agent or representative established in Turkey having a distribution agreement with the manufacturer abroad. d. which oblige to have storage facilities in the territory of your country (e.g. legislation applying only to imported goods which require these imported goods to be stored for some time before being marketed)? There is no arrangement that requires having storage facilities in Turkey, which applies only to imported goods. On the other hand, for certain products (imported or domestically produced) like pharmaceuticals or petroleum products, sufficient quantities should be stored for public health and safety purposes within the framework of the relevant legislation. e. which impose on the marketing of imported products conditions (relating in particular to shape, size, weight, composition, presentation, identification and packaging, labelling) that are different from those imposed on domestic products or which require or encourage the use of certain type of packaging (shape, size, composition) for the marketing of a certain product, whether domestic or imported 6

7 (e.g. requirement that some goods may only be sold in a package with special form)? Marketing conditions are the same for domestic and imported products. There is a national mandatory standard TS 4331 on The Marking and Labelling of Packages which is still in force. However, this standard does not differentiate between domestic and imported products. For foodstuffs, relevant provisions of the Turkish Food Codex are applied. These provisions also do not make any distinction between the domestic and imported products. f. which oblige economic operators to label their product with the Made in marking (obligatory origin marking)? Article 5 of Regulation Concerning Labels and Price Lists which was issued on the basis of Article 12 of Law No.4077 on Consumer Protection as amended by Law No regulates the origin marking of products. According to this provision, it is mandatory to indicate the name of the country in which the product was produced or the phrases import, imported product or foreign. Goods are considered as domestic products: a. in the absence of the name of the country in which the product was produced or the phrases import, imported product or foreign on the label or, b. in the presence of domestic, domestic good, Made in Turkey on the label. For foodstuffs, it is obligatory to write the name of the origin country on the label of products. g. which encourage or authorise the purchase (by individuals or public authorities) of domestic products alone or give preference to the purchase of such products in advertising campaigns (e.g. promotion actions with the participation of public authorities applying only to goods produced by producers in your country or from domestic raw materials)? No. h. which exclude imported products alone, in full or in part, from the possibility of using domestic facilities or equipment or which reserve the use of such facilities or equipment, in full or in part, for domestic products alone? No. i. which subject imported products to controls, other than those inherent in customs clearance procedures, that are not carried out on domestic products (e.g. veterinary, sanitary, phytosanitary and other controls)? There are no controls carried out on imported goods other than those mentioned in paragraph 1(b). j. which allow only traders holding a production licence or wholesale licence to import some goods (e.g. licensing system for the production and wholesale of some goods, which allow only the licence holder to import these goods)? 7

8 In order to produce alcohol and alcoholic beverages, Production Certificate is required. Producers and importers shall also receive Distribution Competence Certificate from the Tobacco and Alcohol Authority. Every producer or importer can place the product on the alcohol and alcoholic beverages market through the distribution channel established by himself. They distribute their products to certificated retailers and certificated public consumption places through the wholesalers having sales certificate issued by the Authority. Wholesalers and retailers are registered through issuing of Sales Certificate from the Authority. The aim of all the mentioned certificates issued by the Authority is to register the producer, importer and the products supplied to the market and to monitor the market. For Veterinary Biological Products, firms are obliged to have operation licences to operate, production permits to manufacture, and sales authorizations to sell veterinary biological products on the market. Pursuant to the Communiqué on the Principles to be adopted in the Importation of Veterinary Biological Products (No ), and as indicated in the question, import licences are granted to traders that hold production permits and sales authorizations. In addition to the conditions to be fulfilled by the importer firms that have distribution agreements, manufacturing firms are obliged to hold GMP and GLP certificates, free sales certificates and certificates that guarantee the inspection of the manufacturing firm in the territory of the country in which it is located. As regards Veterinary Pharmaceuticals, imports of veterinary preparations are realised when a firm holding the authorization of a veterinary preparation imports this product, or transfers this right to another firm. k. which creates monopolies of sale of some goods (e.g. tobacco products, alcohol products, etc)? There is no monopoly on sale of the goods other than opium (Turkish Soil Products Office TMO). l. which reserve certain trade names for domestic products alone and, if so, on what conditions (e.g. rules which reserve the use of the description "mountain" to products prepared in Your country from domestic raw materials)? Rakı is a traditional product of Turkey, whose production technique is defined in Law No The name Rakı is reserved exclusively for the products that are produced in conformity with only this production technique and produced by the usage of fresh and/or dry grapes and aniseed that are produced only in Turkey. 2. Do you have any information albeit incomplete which would make it possible to assess the number of times your authorities intervened to prohibit the marketing of products or withdraw products from the market during 2004 and 2005 for any reason whatsoever, e.g. health risk, incomplete labelling, inadequate consumer information, failure to comply with compulsory standards, etc.? Please describe the current status and the foreseen evolution with a precise timetable. As a result of surveillance activities carried out by the MARA, 1,868 measures in 2004 and 4,268 measures in 2005 were taken. Accordingly, the products found non-compliant with the food legislation were destroyed or withdrawn from the market. As regards fertilisers, in 2004, throughout the country, 5,439 premises were visited in the scope of production, purchase, storage conditions and product labelling control. During these visits, 1,041 samples were taken and 127 of them were found non-compliant. As a result, 741 tonnes of chemical 8

9 fertilisers were withdrawn from the market. In the year of 2005, 4,039 premises were visited and 634 samples were taken out of which 51 was found noncompliant. As a result, 389 tonnes of chemical fertilizers were withdrawn from the market. For Veterinary Biological Products, in the last two years, 20 interventions took place, which resulted in withdrawal of the products due to the reasons including health risk, incomplete labelling, failure to comply with mandatory standards, and storage under unfit conditions. In , the Telecommunications Authority performed 1,963 market surveillance activities out of which 109 cases were found to be non-compliant. According to Regulation on the withdrawal of medicinal products for human use, which was published in Official Gazette No , dated 15 August 1986, 10 medicinal products (on the basis of active ingredients) were withdrawn from the market due to several reasons such as health risk, mis-labelling, and non-compliance with the product specifications. As a result of examinations carried out in 2005, 16 medicinal products were withdrawn from the market on the grounds of similar reasons. For cosmetics, during the period of 30 March-31 December 2005, 115 investigations made out of which 79 cases found to be non-compliant (3 of them found unsafe). 3. What are the general rules applicable in your country to non-food products? For example, is the marketing of products with a label and instructions written in a foreign language allowed? What particulars must be mentioned on the label of any industrial product intended for sale to consumers? Please describe the current status and the foreseen evolution with a precise timetable. Pursuant to the Article 14 of Law No.4077 on Consumer Protection as amended by Law No.4822, on the labels and instruction guides of non-food products, it is obligatory to write the information in Turkish. If this information is already given in Turkish, any other language can also be used. According to first paragraph of Article 5 of Regulation Concerning Labels and Price Lists, the obligatory information that must be written on the labels of goods is production place, distinctive features and sale price including all applicable taxes. Moreover, certain pieces of legislation on products require additional information on labels. 4. Do Candidate Countries have any information on steps to be taken to ensure that legislation and administrative practices are in accordance with Articles of the EC Treaty and relevant case-law of the European Court of Justice? Did you already take any steps of legislative alignment and institution building in this area? If yes, please mention. Does that include among other elements the insertion of mutual recognition clauses in the legislation? What are your plans for the coming years for both legislation and implementation/enforcement capacity? Do you have already elaborated a timetable? Is there a central administrative unit responsible for the prevention and resolution of obstacles to the free movement of goods in the non-harmonised area? Articles 5-7 of Turkey-EC Association Council Decision (ACD) No. 1/95 correspond to Articles of the EC Treaty. These obligations have been reflected into Turkey s; Import Regime, Export Regime, and 9

10 Regime on Technical Regulations and Standardizations for Foreign Trade. For example, according to Article 11 of the Decree on Technical Regulations and Standardization for Foreign Trade, which was published in the Official Gazette No , dated on , importation of the products covered by the Customs Union cannot be restricted or impeded provided that these products are lawfully produced and/or put into free circulation in Member States of the EU in conformity with the relevant harmonised EU legislation and/or national legislation of Member States. In addition, Turkey has prepared a draft regulation on mutual recognition in the non-harmonised area, which will provide a framework legal base for the implementation of Articles 5 and 7 of ACD No. 1/95. The draft was sent to the European Commission for its comments. The Commission has given its affirmative views on the draft. Article 11 of the draft lays down the obligation of competent authorities to insert, whenever it is necessary, the mutual recognition clause, of which an example has been annexed to the draft, into the national technical regulations that they prepare. Currently, there is no central administrative unit responsible for the prevention and resolution of obstacles to the free movement of goods in the non-harmonised area. However, the Undersecretariat of Foreign Trade (UFT) provides the necessary coordination between the respective institutions to this end. Indeed, Article 5 of the Decree on Technical Regulations and Standardization for Foreign Trade states that the coordination, monitoring, transparency and notification of technical regulations, standards, conformity assessment and inspection shall be carried out in accordance with this Decree in a uniform and harmonious way. Any regulation dealing with documents and signs indicating that an import or export product is in conformity with the applicable rules, such as control certificate, conformity certificate, type approval certificate, CE marking and e marking, shall be notified to the UFT to ensure uniformity in the system of foreign trade. Furthermore, the UFT is the central unit for the notifications of the draft technical regulations (in accordance with 98/34/EC, which was transposed into the Turkish internal legal system) and will be the central unit for the notifications of national measures derogating from the principle of free movement of goods as laid down in 3052/95/EC (which will be transposed by the above-mentioned draft). According to Article 7 of the above-mentioned draft, in case a competent authority requires a prior evaluation (as an exception), it will inform the UFT of its action together with the justifications for the necessity and the proportionality of the action. Finally, representatives of the competent Turkish authorities have attended the seminars organized by the relevant EU institutions (i.e. TAIEX seminars) on the subject of free movement of goods, especially Articles of the EC Treaty, and relevant case-law of the European Court of Justice. Furthermore, there have been a number of introductory meetings and seminars in Turkey on the same subject. II. HORIZONTAL MEASURES A. Legal basis and administration 1. What is the legal basis and administrative structure for technical regulations, standards, conformity assessment, accreditation, certification, metrology, and market surveillance? 10

11 The main legal basis for technical regulations, conformity assessment, certification and market surveillance is Law No on the Preparation and Implementation of Technical Legislation on Products, which was published in the Turkish Official Gazette on 11 July 2001 and entered into force on 11 January This Law is based on General Product Safety Directive No. 92/59/EEC and general principles identified in the New Approach Guide. Four implementing Regulations of Law No were prepared and published in the Official Gazette. These Regulations are: - Regulation on Market Surveillance, which is based on General Product Safety Directive No. 92/59/EEC and on general principles identified in the New Approach Guide, chapter no. 8 (entered into force on 11 January 2002), - Regulation on the Affixing and Use of the CE Conformity Marking on Products, based on Council Resolutions of 7 May 1985 and 13 December 1989; Council Decisions of 21 December 1990 and 22 July 1993 on New Approach and Global Approach; and general principles identified in the New Approach Guide, chapter no. 5 (entered into force on 11 January 2002), - Regulation on Conformity Assessment Bodies and Notified Bodies, based on Council Resolutions of 7 May 1985 and 13 December 1989; Council Decisions of 21 December 1990 and 22 July 1993 on New Approach and Global Approach; and general principles identified in the New Approach Guide, chapter no. 6 (entered into force on 11 January 2002), - Regulation on the Exchange of Information on Technical Legislation on Goods and Standards between Turkey and the EU, based on Directive 83/189 of the EP and of the European Council laying down a procedure for the provision of information in the field of technical standards and regulations, repealed by 98/34/EC (entered into force on 3 May 2002). The main legal basis for standardization is Law No. 132 establishing Turkish Standards Institution (TSE), which was published in Official Gazette on 18 November 1960 and entered into force on 22 November The main legal basis for accreditation is Law No on the Organisation and Functions of Turkish Accreditation Council (TÜRKAK), which was published in the Official Gazette and entered into force on 4 November The main legal basis for metrology is Law No on Measurement and Metrology that was entered into force in (For a detailed explanation please see the information given in response to question II.F.) Decree of the Council of Ministers No 97/9196 for the Assignment of Public Institutions Responsible for the Preparation of Technical Legislation, published in the Official Gazette No , dated 29 April Decree on the Regime of Technical Regulations and Standardization for Foreign Trade, which was published in the Official Gazette No , dated 13 October How are these functions organised, implemented and co-ordinated? 11

12 The institutions responsible for transposing the technical legislation of the EU, which are listed in ACD No. 2/97, were determined by the above-mentioned Decree No. 97/9196 of 29 April These institutions, such as Ministry of Industry and Trade, Ministry of Health and Ministry of Agriculture and Rural Affairs have been working on the harmonization of the legislation under their responsibility. According to the Decree, the UFT is responsible for the transposition of the horizontal legislation of the EU in the areas of general product safety, general principles of the New Approach, the notification procedures, etc., on the one hand, and for the coordination of the harmonisation of vertical legislation carried out by relevant public authorities, on the other. In addition to the horizontal Regulation on Conformity Assessment Bodies and Notified Bodies, which was drafted by the UFT, each competent authority may publish its specific procedures for the designation of Notified Bodies for each of the new approach directives. Following the recommendation of the UFT, different ministries have signed separate protocols with TÜRKAK to make a pre-assessment of candidate notified bodies before the application is forwarded to the UFT which, in turn, notifies the bodies to the European Commission. A Conformity Assessment Board was set up on 23 September 2003 to form a consultation mechanism on conformity assessment in accordance with the objectives of the Support to the Quality Infrastructure in Turkey Project financed by the EU under the MEDA Programme. The main responsibilities of the Board are to discuss conformity assessment issues relevant to the Turkish situation, to set up Working Groups covering, for example, different directives for encouraging a wider range of players with interests in particular sectors to work together. The members of the Board are divided equally between public and private sectors and represent a selection of stakeholders, including government, TÜRKAK, TSE, UME (National Metrology Institute), conformity assessment practitioners, trade and professional associations and academic institutions, economic operators, consumers, and more generally any entity having an interest in conformity assessment. The Board is chaired by the UFT. A Market Surveillance Coordination Board was established by the Regulation on Market Surveillance in 2002, with the representation of ministries and public authorities. This Board too is chaired by the UFT. The Board decisions are only advisory, but they are normally accepted. At the Board meetings, which are held once in every four months, the problems that the competent authorities face in relation to market surveillance and ways and methods for their solution are discussed. The competent authorities are also supposed to report to the Board their findings and data. In addition to the horizontal Regulation on Market Surveillance of Products, which was prepared by the UFT, each competent authority may lay down its detailed procedures for its market surveillance activities in a specific legislation. 3. What is the basis for product conformity regulation and to what extent has your legislation moved towards the principles applied in European harmonised legislation, i.e. minimum requirements, absence of mandatory standards, self certification and the presumption of conformity? All horizontal requirements, rules and procedures are laid down in the above-mentioned Law No 4703 and its four implementing Regulations, which are based on the corresponding EU Acquis and guides as shown in the answer to question II.A.1. The sectoral EU legislation, including New Approach Directives, are being transposed by specific Turkish regulations prepared by competent 12

13 public authorities such as Ministry of Industry and Trade and Ministry of Health. All principles applied in harmonised European legislation, i.e. minimum requirements, absence of mandatory standards, self-certification and the presumption of conformity have been, in principle, reflected into corresponding Turkish legislation. 4. Please describe any important recent developments. Work on the update of Law No 4703 to reflect New Product Safety Directive No. 2001/95/EC repealing 92/59/EEC continues. Turkish authorities have been closely following the process of the revision of the New Approach in the EU. The results of this process will also be taken into account in the revision of Law No 4703 and its implementing Regulations. As stated before, Turkey has prepared a draft regulation on mutual recognition in the nonharmonised area. The draft has been finalised and comments of the relevant Turkish authorities and of the European Commission have already been taken on board. Turkey is now about to transpose Council Regulation No.339/93 on Checks for Conformity with the Rules on Product Safety in the Case of Products Imported from Third Countries. A draft legislation transposing the Regulation has been prepared and sent to the Commission for its views. An on-line system, namely the Product Safety System (PSS) was initiated in The system has been designed to facilitate on-line communication between customs, the UFT and market surveillance bodies. For a detailed explanation please see information given in II.G.4. MIT became an Associate member of European Cooperation in Legal Metrology (WELMEC) in B. Regulation/Administrative capacity Do the relevant ministries and technical organisations have sufficient numbers of adequately trained staff to master the technicalities of law-making and to ensure adequate co-ordination? Please specify. Since the beginning of harmonization process of technical legislation in 1997, the relevant Ministries and technical organizations have been deploying all the efforts towards improving their administrative capacity. Accordingly, in the last decade, a great degree of progress has been recorded. For example, most institutions have established specialized units and recruited and trained experts, not only for transposition of the EU legislation but also for effective implementation. In addition, budgetary resources allocated to those activities have been significantly increased. However, more budgetary resources and qualified personnel are still needed. C. Standardisation 1. Is the standardisation body able to implement European and international standards? Has the standardisation body made a needs-assessment for investment and technical expertise required to participate in the European standards system? TSE has sufficient capacity to adopt and implement the European and international standards. 13

14 TSE already takes part in the European standards development system as an affiliate member body. Technical experts of TSE regularly participate in and contribute to the working groups of the European Standardization Organizations (CEN/CENELEC). Furthermore, a needs-assessment for investment and technical expertise is going on under the project on Supporting the Standardization Infrastructure in Turkey financed by the EU within the MEDA Programme. In this context, TSE is reorganizing and building up its capacity in line with the time schedule of the project. 2. Are staff numbers and financing adequate? Yes. Currently 85 staff is working for the TSE Standards Preparation Department. 3. What percentage of national standards are in conformity with the European standards (give separate percentages for CEN, CENELEC and ETSI standards). CEN : 89 % CENELEC : 88 % ETSI : 560 ETSI standards were published as Turkish Standards 4. Please indicate any (work towards) membership of European and international standards organisations (CEN, CENELEC, ETSI, others). Is there a timetable for achievement of full membership of CEN and CENELEC? What is the relationship with the international (IEC and ISO) standards bodies? TSE is a full member of ISO-International Organization for Standards and IEC International Electrotechnical Commission, since 1955 and 1956, respectively. TSE is also an affiliate member of CEN-European Standardization Committee and CENELEC- European Electrotechnical Standardization Committee, since According to the project mentioned, it is planned to make the formal application of TSE for full membership of CEN and CENELEC at the end of March The Telecommunications Authority became a full member of the ETSI as National Standard Organisation (NSO) in The Authority changed its status to observer (NSO) in Currently, the Authority is considering upgrading its membership status back to full membership. D. Accreditation 1. Does your country have an accreditation system and an accreditation body? Is the body independent? Does it have the full range of technical and administrative competencies necessary for the purpose of accrediting certification bodies in line with the European system? Turkey has an operational accreditation system since 2001 based upon the Law No: The system is carried out by TÜRKAK, which is an independent body in terms of conducting accreditation activities and taking accreditation decisions. 14

15 TÜRKAK is equipped with all the necessary competencies for the purpose of accrediting conformity assessment bodies (CABs) in line with the European System. 2. Does it have agreements with European or other international standardisation organisations? TÜRKAK has full membership agreement with European Cooperation for Accreditation (EA) and associate membership agreement with International Laboratory Accreditation (ILAC). Furthermore TÜRKAK is an active member of Interregional Standardization Union (BASB), which includes standardization/accreditation bodies from Euro-Asian, Caucasus and Central Asian countries. 3. Is it a member or working towards membership of any such organisations? TÜRKAK is working towards joining to Multilateral Agreements of EA. In January 2006 the peerevaluation conducted by EA peer evaluators was finalized with positive results. E. Certification / testing / inspection 1. What relevant bodies (and in which product sectors) does your country have in these areas? Have you made an assessment of these as regards laboratory practice, equipment and staff training needs? Please see Annex II for a non-exhaustive list of Conformity Assessment Bodies established within the Project "Support to Conformity Assessment Bodies Activities, Turkey", financed by the EU under the MEDA Programme. F. Metrology 1. What is the present metrology structure in your country? Background Turkey accepted SI unit system by putting into force the Law No on Weights and Measures on 26 March Law No on Measurement and Metrology was put into force in 1989 and Directorate General for Measurement and Standards under the MIT was established. National Metrology Institute (UME) was founded in TÜRKAK was established in Law No was put into force in Present Structure Scientific Metrology : TÜBİTAK National Metrology Institute (UME) 15

16 Legal Metrology : Ministry of Industry and Trade (MIT) DG for Measurement and Standards Industrial Metrology : Calibration Laboratories METROLOGY SYSTEM ACCREDITATION SCIENTIFIC METROLOGY BIPM LEGAL METROLOGY International ILAC OIML Regional EA EUROMET WELMEC National TÜRKAK MIT UME TSE Scientific Metrology UME is responsible for scientific metrology. It was established in January UME is the member of EUROMET, MENAMET, EURACHEM, IMEKO and is active in 21 Technical Committees. It signed Mutual Recognition Agreement (MRA) with BIPM. Its objectives are as follows; Legal Metrology To ensure traceability of measuring standards. To establish and maintain national measurements standards in accordance with the SI Units. To establish a national measurement system and provide services to the laboratories within this system in terms of calibration, training, consultancy and other mechanisms. To contribute to research and development in the areas of measurement techniques, calibration and basic metrology at the international level. DG for Measurement and Standards of MIT is responsible for legal metrology together with its 81 provincial offices and municipalities. DG for Measurement and Standards was established by Law No 3516 on Metrology and Measurement in According to Law No. 3516, responsibilities of the MIT are as follows: To prepare and issue legislation on legal metrology, 16

17 Inspection, verification, stamping of the measurement and measuring instruments, To issue type approval for measurement and measuring instruments, To register type approval and brands of the measurement and measuring instruments, To keep and control national etalons /or make them kept and controlled, To establish laboratories /or make them established, To organize training and technical courses, Verification of the measurement and measuring instruments. MIT has currently 7 regional metrology labs equipped to handle the legal metrology related calibration. It has 81 provincial verification offices. In each municipality there is a verification bureau. For type approval, MIT is the utmost authority. Actual measurements are performed by various laboratories authorized by MIT. MIT Inspection & test organizations DG for Measurement and Standarts Provincial offices Regional Metrology Centers Control Market Surveillance & Inspections Laboratories ORGANIZATION OF LEGAL METROLOGY IN TURKEY Membership of MIT to International Organisations: Bureau International des Poids et Mesures (International Metrology Centre) - BIPM Turkey has been a full-member since

18 MIT participates to the meetings. (General Assembly) International Organization of Legal Metrology - OIML Corresponding member in Full-member since MIT participate to the meetings. (General Assembly) European Cooperation in Legal Metrology- WELMEC Associate member since Industrial Metrology There are 21 calibration laboratories accredited by TÜRKAK in Turkey. These calibration laboratories serve industrial metrology. 2. Is there a national programme for the development of the metrology structure? Transposition of Measurement Instruments Directive (MID) of the EU is the most important development in the field of legal metrology and it requires the reorganisation of the existing system. Proper implementation of MID and following WELMEC documents will strengthen legal metrology structure in Turkey. 3. How is traceability to international measurements standards ensured? The measuring and weighing instruments at the Provincial Offices are calibrated once in every two years by regional metrology labs. Weighing and measuring instruments and ethalons at the provincial offices of MIT are calibrated by UME every two years in order to ensure traceability. The traceability of the UME is provided by BIPM. G. Market surveillance 1. How does your country ensure that products on the market throughout the country meet standard requirements? (Alternatively, do you have a reliable and standardised system of pre-marketing authorisation?) According to Law No. 4703, producers, importers and distributors have to place only safe products on the market and responsible authorities must conduct surveillance activities to ensure that products on the market are in conformity with general safety requirement and specific requirements in vertical regulations such as the New Approach and Old Approach Directives transposed into the national legal order. The Law leaves the principles of market surveillance to the Regulation on Market Surveillance, which particularly introduces essential tools for the enforcement of product-specific requirements. The surveillance activities are carried out for the products placed on the market and the authorities pay regular visits to the industrial, commercial and storage premises. They make also random and spot checks and, when necessary, visit work places. The information from complaints, accidents 18

19 etc. can also be used for investigation purposes. Visual checks as well as documentary checks are carried out during surveillance and, if required, the authorities take samples and test or analyse them. When the surveillance authorities find that a product does not comply with the relevant requirements, they have to take action in order to establish conformity. Non-conformities are evaluated case-by-case and sanctions, which are laid down in the Law, depend on the level of nonconformity. For example, if non-conformity is substantial and the product is not safe, then the relevant national authority shall withdraw the product in question from the market. More information on the activities of market surveillance authorities and their infrastructure can be found under sector-specific questions. 2. How is co-ordination ensured between sectors? The Regulation on Market Surveillance (Article 9) requires close co-ordination and cooperation between market surveillance authorities when a product falls under various technical regulations and the responsibility of several public authorities. The legislation also lays down provisions on the establishment of a co-ordination board, namely The Market Surveillance Coordination Board. Chaired by the UFT, the Board is composed of representatives from each national market surveillance authority. The Board is a platform where market surveillance authorities coordinate their activities with each other and discuss issues in the field. The Board holds its meetings 3 times a year. Board s responsibilities include co-ordination among public authorities in order to ensure effective functioning of market surveillance, working out solutions to the problems that they face during the implementation, monitoring the preparation and implementation of technical legislation on products, and taking advisory decisions on relevant issues. 3. How is market surveillance co-ordinated between market surveillance authorities and customs as regards product conformity and safety checks at external borders? Market surveillance as regards product safety and conformity checks at external borders is regulated under the Decree on Technical Regulations and Standardisation. The aim of the legislation is to ensure that the surveillance complies with international agreements as well as to prevent technical barriers to trade. According to this legislation, the UFT is designated as responsible body for co-ordination of external border controls while providing communication between market surveillance authorities and customs. 4. What information exchange network exists between the various authorities? Communication between the various authorities in the country has taken place mainly through traditional means such as fax and correspondence. Besides, some Ministries- such as the Ministry of Agriculture and Rural Affairs (for foodstuffs)- have already put in place internal informationexchange networks between their central units and provincial directorates. On the other hand, Turkey is very well aware of the fact that the exchange of information and close co-ordination between the authorities is indispensable for effective market surveillance. Therefore, a study was initiated in 2005 to develop a software program, namely the Product Safety System (PSS). This internet-based system, which is effective now in some sectors, provides an electronic 19

20 environment for the authorities where they can put information from their activities and monitor all these activities throughout the country on-line. It has been designed to facilitate on-line communication between the various authorities (customs, market surveillance bodies, etc.). The system also employs the new instrument of risk analysis method, which requires the evaluation of information from different sources such as the results of surveillance in the domestic market, notifications from different sources, complaints from consumers and users. III. PROCEDURAL MEASURES A. Directive 98/34: see country-specific questions See country specific answers. B. Return of unlawfully removed cultural objects 1. Do you have legislation providing for the return of cultural objects unlawfully removed from the territory of an EU Member State? Turkey attaches great importance to the return of cultural objects unlawfully removed from their territory. Turkey, as the EU, has as a fundamental aim to protect national treasures having artistic, historic or archaeological value and to prevent them from unlawful remove. Currently, there is no national legislation providing for the return of cultural objects unlawfully removed from the territory of an EU Member State. A copy of preliminary draft text transposing the Council Directive No. 93/7/EEC was sent to the European Commission for comments. Technical studies on preparation of draft legislation are continuing regarding the abovementioned Directive and also the Council Regulation No. 3911/92/EEC. 2. What are the legal provisions ensuring the return of cultural goods, before or after their unlawful removal from the territory of your country? Article 32 of Law No on the Protection of Cultural and Natural Heritage, (Official Gazette No.18113, dated 7 July 1983) states that movable cultural property that has to be preserved inside the country cannot be taken out of Turkey. However, taking into consideration national interest, such property can be temporarily sent outside the country for exhibitions, only on the conditions that after the temporary display period the property should be sent back to country and by establishing the necessary guarantee documents from the host state to protect the property against the probabilities of all kinds of damage, harm, threat or hazard as well as by providing the insurance of the property and by obtaining the favourable decision of a scientific commission to be set up by the Ministry of Culture and Tourism, consisting of the Heads of Department of Archaeology and History of Art at Universities and by receiving the approval of the Cabinet upon the request of Ministry of Culture and Tourism. These procedures are listed in the Regulation on the exporting and importing of movable cultural and natural property to be preserved (exhibitions) (Turkish Official Gazette No , dated 16 February 1984). 20