T.C.
TARIM ve KÖYİŞLERİ BAKANLIĞI
Koruma ve Kontrol Genel Müdürlüğü
Communiqué on Approval of Control Certificate in Importation of Foodstuff and Packaging Materials Which Contact With Foodstuffs and the Control Procedures
At Importation Stage
(Communiqué No. 2003/31)
Published in the Official Gazette date :01.09.2003- 25216
Objective:
Article 1– This Communiqué determines the principals and procedures to be followed in procedures approval of Control Certificate in importation of foodstuffs and packaging materials which contact with foodstuffs, and the procedures to be followed at importation stage.
Scope:
Article 2– This Communiqué covers the procedures to be carried out during the approval of Control Certificates in importation of foodstuffs and packaging materials which contact with foodstuffs and the procedures to be followed at importation stage.
Legal Basis:
Article 3– This Communiqué has been prepared on the basis of the Decree Law No. 560 concerning the Production, Consumption and Inspection of Foodstuffs, published in the Official Gazette dated 28/6/1995 with No. 22327; the Law No. 4128, which amends the mentioned Decree Law; the Decree Law No. 441 on Organisation and Duties of the Ministry of Agriculture and Rural Affairs; and the provisions related to Foodstuffs and Other Agricultural and Fishery Products, of the Communiqués of the Standardisation in Foreign Trade.
Definitions:
Article 4– Within the purpose of this Communiqué;
a) Ministry: means the Ministry of Agriculture and Rural Affairs,
b) General Directorate: means the General Directorate of Protection and Control,
c) Provincial Directorate: means the provincial directorate empowered by the Ministry of Agriculture and Rural Affairs to issue control certificate and conduct importation procedures,
d) Control Certificate: means the certificate, the sample of which is given in the annex of the current Communiqué on the Standardisation in Foreign Trade,
e) Proforma invoice: means the signed document that is issued by the exporter firm and addressed to the importer firm and contains the minimal information such as the name, the quantity, the cost of goods to be exported and also the names of the firm and the person undersigning on behalf of the firm.
f) Invoice: means the document identified in the Customs Regulation published by the Undersecretariat of Customs,
g) Certificate: means the certificate that is approved by the competent authorities of the loading country and/or the origin country and that witnesses to the reliability of product and guaranties that the animals, from which the raw material used in animal products were obtained, are free from epidemic or contagious animal diseases,
h) Plant health certificate: means the certificate which is issued for plant products that were either untreated or subjected to a simple treatment so as not to lose their plant characteristics, and is approved by the competent authority of the exporting country and/or origin country,
i)Sample Certificate: means the certificate, whether approved or not, that was issued prior to exportation, containing all the same information specified in the certificate in paragraph (g) of this article, and that is to be presented at the time of the delivery of commodity to the concerned party,
j) Specification certificate: means the certificate that is issued either by the exporter or the producer and that declares the specifications of the product,
k) Ingredient List: means the certificate that is issued either by the producer or the exporter declaring the raw material, the processing aids and the additives used in the production or preparation of foodstuff,
l) Label/label draft: means an introductory notice that is either presented with the food or printed on its package, containing any kind of written or printed information, trademark, stamp and marks,
m) Label in Turkish: means the label on the package of product, which is issued in compliance with the labelling chapter of the Turkish Food Codex Regulation,
General Provisions
Article 5– The general provisions about approval of Control Certificate and control procedures during importation of foodstuffs and packaging materials which contact with foodstuffs are as follows:
a) The products specified in ANNEX-IVA of the Communiqué on Standardisation in Foreign Trade shall be subject to control certificate.
b) The products specified in ANNEX-IVB of the Communiqué on Standardisation in Foreign Trade shall not be subject to control certificate.
c) If the commodity desired to be imported, whether it is subject to control certificate or not, is determined by the Ministry or by the authorised units thereof to be compliant with the legislation during delivery of the commodity to the concerned party, such commodity is allowed to be imported.
d) The importing firm is responsible for the accuracy of information and documents it presents.
e) If the importation transactions were started by the registration of customs declaration prior to the expiry of control certificate but the validity of control certificate has expired at the time of the delivery of good to the concerned party, then, the transactions are completed irrespective of expiration.
f) Turkish Food Legislation is taken as basis at the importation controls conducted under this Communiqué.
g) Importation, distribution and sales are not allowed for products that are not in compliance with the paragraph (d) of this article during customs controls
h) Prohibitions specified in the paragraphs (f) and (g) of this article are not applicable for the foodstuffs that are placed under customs surveillance in the customs stores and entrepots or transited; that are brought by the Foreign State Presidents and accompanying persons to be used or consumed during their stay; that belong to diplomatic or consular representations; that are brought for scientific, exhibition or similar purposes; that are sent as a grant during extraordinary conditions; or that are available on board to be consumed at high seas.
i) Any imported foodstuff may be supplied to domestic market provided that it is labelled in compliance with the Turkish Food Codex or prepared ready for sales. In case labelling procedures and the procedures to render the goods compliant is not completed within 2 months following importation and within the extension period to be granted by the Ministry if required, such foodstuffs are not permitted to be introduced to the domestic market.
k) It is mandatory that at the importation stage the original label of alcoholic beverages bears the date and number of the control certificate issued for the product by the Ministry.
l) The validity of the certificates identified in the paragraph (g) of the article 4 corresponds to that specified in the certificate. If the validity is not specified, it is 2 months for animal products and 12 months for the others as of the date of issue.
m) More than one Control Certificate can be issued for the product through the validity of the certificate presented.
n) Paragraph (k) of this article is not applicable to the animal products and to the plant products identified in the paragraph (h) of the article 4.
o) For animal products, the certificate issued as per paragraph (g), Article 4 shall be presented during importation. The products that are within the scope of Animal Health Control Law and Regulation shall be evaluated with respect to quarantine.
p) For plant products, the certificate issued as per paragraph (h), Article 4 shall be presented during importation. The products that are within the scope of Plant Protection and Agricultural Quarantine Law and Regulation shall be evaluated with respect to quarantine.
r) In importation of live, fresh, refrigerated and frozen fishery products, the provisions of the Law, No 1380, on Fishery Products and the Regulation on Fishery Products shall be followed.
s) The importation of foodstuffs that are in disease lists shall not be allowed. However, the products which are in the prohibition lists but can be conditionally offered for consumption after being subjected to certain processes shall be allowed to be imported provided that the product has been subjected to the relevant process and that this is documented.
t) The information contained in the documents requested during control certificate issuance and importation procedures shall be compatible with each other.
Certificates required for the approval of control certificate
Article 6– Documents required at the approval stage of the control certificate for the importation of products specified in List A of Annex-VI of the Communiqué on Standardisation in Foreign Trade are as follows:
A) The importer Firm, in the first application following 30/6/2002 and when demanded by the Ministry, states that it is currently engaged in activities related to the product that it requests the importation of.
B) Owner/authorised person of the importer firm presents along with the application the following documents:
a) Control certificate form: the control certificate, which is duly printed or typed, which has not been erased or scraped, and which has been signed and stamped after writing the name(s), surname(s) and signature(s) of the authorised person/persons of the importer firm,
b) Proforma invoice: Revenue stamp in amount required by the financial legislation of the current year should be adhered thereon or the required amount of charge should be paid to the related unit of the Ministry of Finance.
c) Other documents to be presented according to the product type:
1- Specification Certificate: Specification certificate should be presented for the products intended for special nutrition purposes and for the products for which there is no national legislation. Specification certificate is not required to be presented when the product is in conformance with the Turkish Food Legislation. If the information required in the specification certificate are specified in the ingredient list and if the expressions in the ingredients list are specified in the certificate list, a separate specification certificate / ingredients list is not required.
2- Ingredient list and/or product label/label draft
3- Certificate: For plant products, Health Certificate will not be presented on application for control certificate.
For animal products, the certificate sample issued according to the paragraph (i) of the article 4 shall be presented at the issuing stage of control certificate.
For the products other than animal and plant products, the certificate identified in the paragraph (g) of the article 4 shall be required during the application for control certificate. In case this certificate can not be presented during the issuance of the control certificate, the importer firm shall be asked to give a letter of commitment, pursuant to Annex I, promising to bring the certificate during actual importation. For foods intended for special nutrition purposes, the certificate shall be presented at the stage of control certificate issuance and the request for a letter of commitment shall not be applicable.
Additional certificates shall be requested when there exists the threat of epidemics, dioxin, radiation and other prevalent contaminants in the country of origin and/or departure.
4- A letter of commitment in compliance with Annex-2 shall be requested, concerning that the originals of the presented certificate samples, approved by the competent authorities of the the loading country and/or the origin country, shall be presented to the Ministry and/or authorised provincial directorate during delivery of the goods to the concerned party.
5- A certificate of age shall be presented for whiskies.
6- Other certificates requested by the Ministry according to the product type: In case, in the application for control certificate, it has been presented that the product is intended to be imported for investment incentive, domestic processing, import license drawn up in scope of tariff quota and progress in return for exportation made through commercial leasing, the investment incentive certificate issued by the Undersecretariat of Treasury, the license certificate for domestic processing, the importation license certificate and the importation license certificate in return for exportation made through commercial leasing issued by the Undersecretariat of Foreign Trade should be presented as originals and certified copies.
C) The documents submitted in applications are made as 1 original and 2 or 3 copies depending on the number of provincial directorates where the Customs Directorate is located. Control certificates and their attachments to be kept by the Ministry shall be original while the certificate sample may be a photocopy.
Control procedures at importation stage
Article 7– The technical and hygienic compliance of product to be imported is determined, in accordance with the Decree Law No. 560 and related regulations, by the control and inspection to be made during importation stage.
A) For products that are in the list A, Annex-VI of the Communiqué on Standardisation in Foreign Trade and that are subject to a control certificate:
When importation of the product is desired, an application is given to the provincial directorate with the following documents. Importation procedure is not initiated before the Provincial Directorate copy of the control certificate is delivered to the concerned Provincial Directorate.
a) Control certificate and its attachments approved by the General Directorate or Provincial Directorate,
b) Customs entry declaration,
c) Certificate;
B) For products that are not in the list A, Annex-VI of the Communiqué on Standardisation in Foreign Trade and that are not subject to a control certificate
When importation of the product is desired, an application is given to the provincial directorate with the following documents.
a) Customs entry declaration
b) Ingredients list
c) Certificate
d) The importer Firm, in the first application following the publication of the Communiqué and when demanded by the Ministry, presents a document showing that it is currently engaged in activities related to the product that it requests the importation of.
Legislation repealed
Article 8– Communiqué, published in the Official Gazette dated 30/6/2003 with No. 24801, on Procedures for Approval of Control Certificate in Importation of Foodstuffs and Packaging Materials Contacting Food and the Control Procedures at Importation Stage and the amending Communiqué, published in the Official Gazette dated 14/8/2002, No 24846 have been repealed.
Enforcement
Article 9–This Communiqué put into force on the date of publication.
Execution
Article 10– This Communiqué is executed by the Minister of Agriculture and Rural Affairs.
(Annex I )
LETTER OF COMMITMENT
MINISTRY OF AGRICULTURE AND RURAL AFFAIRS
General Directorate of Protection and Control / Provincial Directorate of..........
We hereby accept, declare and undertake to present to the provincial directorate of ......,where customs clearances were conducted during the delivery of goods to the concerned party, the certificate identified in the paragraph (g) of the article 4 of the Communiqué on the Approval of Control Certificate During the Importation of Foodstuff and Packaging Materials Contacting with Foodstuffs and on the Control Procedures at Importation Stage, to indicate in the certificate to be presented the batch number and/or serial number, and quantity of good to be imported; and to bear any responsibility that may arise when such certificate is nor presented or different certificates instead of the original one is presented. ..../.../2002.
Cachet of the importer firm, name, surname and signature of the authorised person
Address:
(Annex 2 )
LETTER OF COMMITMENT
MINISTRY OF AGRICULTURE AND RURAL AFFAIRS
General Directorate of Protection and Control / Provincial Directorate of..........
We hereby accept, declare and undertake to present to the relevant provincial directorate of the Ministry of Agriculture and Rural Affairs on the delivery of goods to the interested party, the original of the Certificate Sample, certified by the competent authorities, that we had presented to the Ministry of Agriculture and Rural Affairs, General Directorate of Protection and Control for the issuance of control certificate related to the .........to be imported from..........in accordance with the Communiqué on the Approval of Control Certificate During Importation of Foodstuff and Packaging Materials Contacting with Foodstuffs and on the Control Procedures at Importation Stage, and to any responsibility that may arise when such certificate is not presented or different certificates instead of the original one is presented. ..../.../200
Cachet of the importing firm, name, surname and signature of the authorised person
Address :