T.C.
TARIM ve KÖYİŞLERİ BAKANLIĞI
Koruma ve Kontrol Genel Müdürlüğü
SEED LAW 
Main Law No : 5553
PART ONE
Purpose, Scope, Definitions
Objective
ARTICLE 1- The objective of this law is : to increase yield and quality in crop production, to provide quality assurance for seeds, to make arrangements for the seed production and its trade, and to implement necessary arrangements in order to reorganize and improve seed sector.
Scope
ARTICLE 2- This law covers regulations with reference to the variety and germplazm registration of field crops, fruits, ornamentals, vegetables, plant species in forest and propagation material of other plant species, and production, certification, trade, market inspection of seeds, and institutional organizations.
Definitions
ARTICLE 3- The terms mentioned in this law are:
a) Sub-union stands for professional institutions, which are characterized as public institutions and have a legal personality, formed by real or legal personalities which deal with plant breeders, seed industrialists and producers, sapling producers, seedling producers, seed producers, seed distributors, ornamental plant producers, and natural and legal persons dealing with issues concerning seed,
b) Research institute denotes for public and private institutions, which their work procedures and characteristics are determined by the Ministry, and deal with variety breeding or improvement and development
c) Ministry: Ministry of Agriculture and Rural Affairs.
d) Union: Turkish Seed Union
e) Variety: Genetic structure is generated from one or more genotypes, and identified by its own characteristics, can be distinguished from other genotypes by at least for one trait, is recognized as a unit for suitability to be reproduced without any modification, and is included in a botanical taxonomy.
f) Variety List: Published list of varieties which are registered and traded
g) Stability: keeping relevant variety chacteristics the same after repeated production or certain propagation periods
h) Distinctiveness: Identification of a variety by at least one character, subject to registration, which differs from known varieties.
i) Genetic Resource: Plant material to obtain desired genes which are needed by breeders and scientists; potential populations which feature genetic variation in plant structure and distinctive traits, breeding material with some significant attributes, varieties improved for specific purposes, local varieties, wild and transitional forms of cultivated plant species which can be found naturally in a country or region.
j) Breeding: Activities conducted to improve variety or varieties from genetic resources or stocks, to maintain and ensure present varieties and their continuity, to improve the traits of present varieties.
k) Breeder: Natural and legal persons who breed or discover and improve a variety.
l) Inventory : Records in which varieties and genetic resources are registered under the provisions of this law
m) Special Production Areas: Area devoted for seed production and with boundaries determined by the Ministry
n) Standard Seed : seed or propagation materials, which are subject to trade by only laboratory controls, of registered varieties and plant species decided by the Ministry
o) Recommendation List: A list showing suitable regions for the registered varieties
p) Registration: Inventory recording of plant varieties improved or developed inside or outside country with confirmation of distinctiveness, uniformity and stability, and/or biological and technologic traits, and disease and pest resistance, and agronomic attributes.
q) Seed Sector: A composed structure of public or private institutions or bodies or unions formed by these institutions or bodies in order to deal with plant breeding, seed production, seed processing, and selling, distribution, supplying, exporting or importing of seeds, or running activities related to seeds.
r) Seed: Generative and vegetative plant parts to propagate plants such as seed, tuber, seedling, sapling, cutting.
s) Seed Inspector: Persons from public or private sector, who carries out field inspection, recording seed issues by sampling and market control
t) Seed Inspection : Testing of conformity to seed standards for physical and biological characteristics
u) Seed Certification: Procedure of documentation for genetic, physical, biologic and plant health conformity of seed standards after field and laboratory
v) Seed Category : Progeny or generation order of seeds followed in production
w) Seed Standard: Quality criteria which define the physical and biological attributes of seeds.
x) Production Release: Temporary registration, until registration of a variety, of varieties improved or developed inside or outside country with confirmation of distinctiveness, uniformity and stability, and/or biological and technologic traits, and disease and pest resistance, and agronomic attributes.
y) Uniformity: Sufficiency of homogeneity or showing same attributes for plant traits with the exception of expected variation due to propagation or propagation phase.
PART TWO
Registration, Production, Certification, Trade and Market Inspection of Seeds
Registration
ARTICLE 4- Registration of plant varieties, production release, standard seed registration, and registration of the genetic resources into the inventory are conducted by the Ministry.
Improved varieties are registered by determination of distinctiveness, uniformity and stability and/or biological and technologic traits, and agronomic attributes. Genetic resources are registered by morphologic or molecular characterization. Registration is not a condition for ornamental plants and flower seeds.Issues concerning registration, duration in inventory, deregistration, deletion from inventory, granting of continuity, and formation of catalogs of varieties of agricultural plant species are regulated by secondary legislation.
Furthermore, procedures and principles for plant groups concerning registration, production release and standard seed registration are regulated by a secondary legislation.
Seed production
ARTICLE 5- Seed production of only registered varieties based on their botanical and agricultural attributes shall be authorized by the Ministry.
Characteristics of special production areas for seed production, and rules to be obeyed in these areas by natural or legal persons who grow seed or any agricultural plant are regulated by secondary legislation.
Within the boundaries of special production areas, prohibited seeds or agricultural plants by the Ministry can not be produced.
Under the condition of investment within the country, seed sector is benefited from subsidies and supports determined by the Ministry in order to improve compliance of sector with European Union standards and international competition. Support procedures and principles are regulated by official communication issued by the Ministry.
Seed certification
ARTICLE 6- Seeds, which are grown and produced based on seed categories, and which are produced domestically from registered or with production release varieties according to Article 4, and which produced and grown according to the seedling classes, shall be subjected to certification.
Seeds certified compliance with seed standards by field inspection and laboratory controls shall be appropriately packed and labeled.
Seed certification principles and the rules to be applied to packing and labeling according to plant groups shall be established by secondary legislation.
Trade of Seeds
ARTICLE 7- Inside the country (domestic), seeds of only recorded varieties shall be traded.
These seeds, conformed quality and standards established by the Ministry, and certified and recorded in the inventory or as standard seed, shall be submitted to trade in package with label.
Seed import and export shall be subject to the permission of the Ministry. Seeds to be imported must conform to domestic seed standards. The procedures and principles for seed import and export shall be set up by the Ministry considering ideas of relevant institutions and bodies.
Market Inspection
ARTICLE 8- The natural and legal persons which grow, process, and prepare to sell, distribute and sell seeds shall be authorized and inspected by the Ministry. The procedures and principles for authorization and inspection shall be established by secondary legislation .
Inspection of conformity of standards for supplied seeds, and the accuracy of package and label information shall be inspected by the Ministry.
PART THREE
Fee, Publication, Compensation and Penal Provisions
Fee
ARTICLE 9- Following fees are collected for the services given and the documents approved or issued:
a) Application fee for examination,
b) Registration fee,
c) Production release fee,
d) Record fee of standard seeds,
e) Registration fee of genetic resources,
f) Certification fee of service,
1- field inspection fee,
2- laboratory control fee,
3- documentation fee,
4- label fee,
g) Publication fee
h) Other fees.
These fees are determined and officially published by the Ministry in January of the each year. Principles and producers concerning the fees are established by secondary legislation.
Publication
ARTICLE 10- The varieties registered by Article 4 and put into recommendation list shall be published on periodical bulletin by the Ministry.
Varieties deleted from the inventory or removed from recommendation list, and information concerning seed regulations are published in the bulletin. Other issues on the Bulletin shall be determined by the Ministry.
Compensation
ARTICLE 11- The natural or legal persons, who have produced, sold, distributed, imported or made seeds on the market available in any other way, shall be responsible to compensate the damage successively reserving the criminal state of their conduct. They may convey compensation to each other according to their share in the damage.
The law case may be filed within 6 months as of the date of proving damages of claimant and within two years in any case after the occurrence of the damage.
Penalty Provisions
ARTICLE 12- Seeds of varieties registered under Article 4;
a) Seeds without certificate and seeds of standard seeds without seed test report which is issued after the control of its compliance to standard seed requirements.
b) Seeds which is below the minimum seed standards set up by the Ministry, or is adulterated
c) Seeds packed or labeled inconsistent with secondary legislation, or imitated labels or packages by faking names or trade marks or using words other than names or trade marks to cause confusion
d) Seeds to be used unintended purposes such as feed or food, although it is applied insecticide and prepared accordance with the secondary legislation,
e) Seeds to be presented as certified or controlled although they are not certified or controlled,
f) Fake presentation or advertisement inconsistent with qualities recorded during registration of the variety,
Those who sell, distribute, supply to market or distributor, or those who trade seeds without license shall be fined to ten thousand new Turkish Lira as administrative penalty. In case of repetition of such act, a ban of 5 years from trade shall be applied. Such seeds shall be detained by the Ministry, and confiscation of the seeds shall be decided by criminal court of peace. When it is decided to terminate the confiscated seedlings, Ministry shall take the action provided that termination costs shall be paid by offenders.
Persons and institutions who grow, process, prepare for sale, distribute or sell seedlings without the license of the Ministry shall be fined to ten thousands New Turkish Liras as administrative penalty. In case of repetition of such act, fine shall be doubled. Such seeds shall be detained by the Ministry, and confiscation of the seeds shall be decided by criminal court of peace. Such seedlings shall be detained by the Ministry, and criminal court of peace shall resolve upon the confiscation of the seedlings. When it is decided to terminate the confiscated seedlings, Ministry shall take the action provided that termination costs shall be paid by offenders.
Those who import and export seeds without permission of the Ministry and necessary controls, and those who submit counterfeit documents and information or distorted the documents shall be fined to twenty five thousands New Turkish Liras as administrative penalty. In case of repetition of such act, a ban of 5 years from trade shall be applied. Such seeds shall be detained by the Ministry, and confiscation of the seeds shall be decided by criminal court of peace. When it is decided to terminate the confiscated seedlings, Ministry shall take the action provided that termination costs shall be paid by offenders.
Those who grow seeds or plants without obeying rules within the boundaries of special production areas for seeds designated by the Ministry shall be fined three thousands New Turkish Liras as an administrative penalty. Such plants shall be eradicated or destroyed, if necessary, by the Ministry provided that related costs shall be paid by offenders.
The administrative fines mentioned in this Article shall be given by the highest local administrative authority. The decisions on administrative fines shall be notified to whom it may concerns in compliance with the provisions of Notification Law 7201 dated 11.2.1959. Any objection may be raised to the authorized administrative court at latest within seven days as of the date of notification. Objection does not interrupt the execution of the fine given by the administration. The decision after objection is certain. Objection shall be concluded at the earliest time by analyzing on documents, if otherwise is not necessary. The administrative fines given in accordance with this law shall be collected in compliance with the provisions of Law 6183 on Collection Procedures of Public Debts dated 21.7.1953.
Announcement of the Verdict
ARTICLE 13- In case of presence of a justifiable reason or benefit of the party awarded by the verdict of the court related to confiscated of seeds, the party shall be eligible to demand that the final verdict be announced fully or in summary on a daily newspaper or similar means, provided that costs shall be paid by opposite party. Form and content of the announcement and its cost to be designated in line with the amount of fine or the indemnity shall be specified in the verdict.
PART FOUR
Exemption and Authorization
Exemption
ARTICLE 14- Registration shall not be sought for seeds or propagating material which imported and produced for the purpose of exportation. Trade of propagating material in the frame of this article shall be regulated in accordance with procedures and principles determined by the Ministry. Furthermore, exchange of seeds among farmers, and seeds for experiments and tests, provided that they shall not be subject to trade and amount shall be limited to personal needs, and that the amount shall be decided by the Ministry, shall be exempted from convention of this law.
Authorization
ARTICLE 15- Ministry may partly or fully authorize union, public institutions and bodies, private legal persons or universities for the activities mentioned in Articles 5,6,7and 8, provided that the terms shall be specified, for temporary or indefinite time in cases Ministry considers necessary.
Given authorization shall be ceased if authorized party fails to conform established conditions. If it is verified that authorized party intentionally violated official control rules, certificates issued shall be cancelled with the exception of those certificates which meet defined seed standards.
Temporary authorization may be ceased or extended with the same conditions after defined period.
Conditions of authorization, and union, public institutions and bodies, private legal persons or universities to be authorized, and the principles and procedures concerning the technical and physical conditions, and procedures for withdrawal of authorization shall be regulated by secondary legislation.
PART FIVE
Sub-unions and Turkish Union of Seed Producers
Establishment of the Sub-unions
ARTICLE 16- Sub-unions are the professional associations, which have public institution quality and legal entity, are established according to their subjects by at least seven natural or legal persons who are plant breeders, seed industrialists and producers, seedling producers, sapling producers, seed breeders, seed distributors, ornamental plant producers or deals with other issues of seed, in order to facilitate professional activities, to provide the protection of the economic and social rights of those dealing with seed activities and to fulfill the duties determined with the legislation by improving the sector and providing the professional solidarity among real and legal persons operating in this sector.
Sub-unions shall apply to the Ministry with a statute specifying its establishment and working principles. If there is not any contradiction to the legislation and any deficit in the regulation and the legal situation of the founders, establishment of the sub-union shall be approved by the Ministry and sub-union shall be informed at latest within fifteen days. The regulation of the sub-union shall be published in a local newspaper within fifteen days pursuant to the written notification made to the sub-union. Sub-union has to gather its first general board and form its organs within three months after the publication of the regulation. The amendments on the statute are subjected to the establishment procedures.
In case a contradiction to legislation or deficit is found in the establishment declaration, union statute and legal situation of founders, temporary board of executives shall be demanded in written to overcome these problems. If these contradictions and deficits are not solved or overcome within thirty days as of the notification of the letter, public prosecutor apply to authorized court to annul the union upon the denunciation of the Ministry. Public prosecutor can demand to stop the activities of the union.
More than one sub-union operating in the same field cannot be established. Real or legal persons dealing with seedlings may affiliate more than one sub-union according to their subjects; however, they cannot take part in more than one board of executives. The working center concerning the activity fields of sub-unions shall be determined by the Ministry.
Membership
ARTICLE 17- Natural or legal persons operating in the field of seedlings have to affiliate the sub-union related with their activity fields. Principles and procedures concerning the membership shall be defined in the regulation of the sub-union.
Natural or legal sub-union members are responsible to pay entry contribution at the entrance to the sub-union and annual contribution each year. Entry contribution and annual contribution can not be less than 10% or more than four-fold of gross total of monthly minimum wage paid to those older than sixteen years old. Annual contribution is not paid at the year when entry contribution is paid. When contributions are not paid on time, they shall be collected by sub-unions with legal interests.
Duties of the Sub-union
ARTICLE 18- the duties of the sub-union are as follows:
a) To provide communication and solidarity among the members,
b) To organize conference, panels, course, seminar and similar training programs in order to improve the professional knowledge and experience of its members and other people operating in seed sector, to prepare and get prepared books and periodicals,
c) To make investment, to undertake researches and studies or to get undertaken and to prepare reports concerning the issues to further improve the sub sector of seedling they operate in,
d) To prepare proposals and report in order to facilitate the decisions to be taken about seed sector and to submit them to the Union,
e) To contribute the improvement of domestic seed production by getting into a union,
f) To fulfill the duties to be assigned by the legislation.
Organs of the Sub-union
ARTICLE 19 - The organs of the sub-union are general board, board of executives, board of inspection and board of discipline.
General Board of the Sub-union
ARTICLE 20. - General board of the sub-union is composed of the members of the sub-union. The board gathers upon the executive board’s call, at least once within a year, with the absolute majority of the total number of the members. It is called to extraordinary meeting on the decision of the executive board or inspection board or on the written demand of one fifth of the members of the General board. In case of an insufficient majority at the first gathering, majority is not a must in the second one. Yet, the number of the members attending the 2nd gathering is to be above the double of the total number of the original members of the executive, inspection boards and discipline board. In case of an insufficient majority at this gathering, the sub-union is annulled. At the assemblies, decisions are taken with the absolute majority of the attendants.
Sub-unions elected ten associate and ten alternate representatives, who will attend the gatherings of the Union’s General board, for a period of two years. The procedures and principles concerning the General board is being called to gathering and the designation of the representatives of the Union’s General board are determined in the regulations of the sub-union.
Duties and authorities General board of the sub-union are as follows:
a) To select the organs of the sub-union
b) To decide on the terms of membership, resignation and removal from membership
c) To determine the admission fee and yearly dues
d) To determine the main principles for development of seed related with their professions
e) To discuss the reports of the executive and inspection boards and to decide whether to pass them or not.
f) To discuss and approve the budged formulated by the executive board
g) To determine the general principles as to the studies and management of the sub-union
h) To vest the executive board with the authority to purchase, sell and mortgage movable and immovable possession and to establish real right on these possessions on behalf of the sub-union
i) To elect representatives for the union’s General board and Arbitrator Board
j) To vest the executive board with the authority to establish laboratories, business, education centre and to provide these with necessary equipment and to meet other needs of them
k) To submit to the Union one of the copies of the reports of the decisions taken at General board gatherings.
l) To discuss the current affairs of seed sector.
Executive Board of the Sub-union
ARTICLE 21. Executive board of the sub-union is composed of at least five associate and five alternate members, elected among the members of General board for a period of two years. Among themselves, the associate members of the board, at their first gathering, with secret ballot, elect a chairman, a vice-chairman and an accountant who will carry out the tasks the executive board determines. A secretary-general, who will implement both the tasks given by the executive board and the transactions of the sub-union, is appointed. The qualities and duties of the secretary-general are determined in the regulations of the sub-union.
The chairman of the executive board; presides the executive board and represents the sub-union. He is accountable for the financial affairs of the sub-union and related registering with the accountant member and also liable for other registers and correspondences with the secretary-general. In the absence of the chairman, the vice-chairman represents him. Those who have had the post of chairmanship for two terms consecutively cannot assume the same post without the passage of two terms.
The executive board gathers upon the call of the chairman, at least once a month, with absolute majority. Decisions are taken with the absolute majority of the participants; in case of a draw, the determinant is the vote of the chairman.
The procedures and principles as to the executive board gatherings are determined with the regulations of the sub-union.
Duties and authorities of the executive board are as follows:
a) To formulate the agenda of the General board and to call the board to gathering.
b) To formulate the term’s balance sheet, activity report and the approximate budget of the sub-union and submit these to the General board.
c) To implement the decisions of the General board.
d) To establish communication and solidarity among members.
e) To arrange conferences, seminars, courses, symposiums, etc. for the members and those active in the sector of raising seeds so that their vocational knowledge and good manners will go up.
f) To conduct the required studies to develop the sector of raising seeds, to conduct and make others conduct research about the sector.
g) To want the discipline board to carry out the procedures for the members, in case of the existence of actions requiring disciplinary punishment or posing an offense.
h) To purchase, sell and mortgage movable and immovable possession and to establish real right on these possessions on behalf of the sub-union.
i) To implement other tasks given by the General board.
Inspection Board of the Sub-union
ARTICLE 22- The inspection board is composed of three associate and three alternate members elected among the sub-union members for a period of two years. The board gathers at least two times within a year and at their first gathering, the members elect a chairman among themselves with secret ballot.
The gathering procedures and principles of the supervisory board is determined with sub-union regulation.
Duties of the inspection board are as follows:
a) To scrutinize all the accounts and transactions of the sub-union.b) Is to submit the deficiencies (he) observed in the audits and transactions to the General board at the latest 15 days.
c) Is to submit result of inspections, two-year period, as a report to the General board.
d) Is to convoke a meeting general assembly when required.
Discipline Board of the Sub-union
ARTICLE 23- Discipline Board is composed of three associate and three alternate members elected among sub union members for two-year period by the General board. Discipline Board gathers by Executive Board call. At their first meeting the members of discipline board elect a chairman and also a reporter among themselves with secret ballot.
The gathering procedures and principles of the supervisory board is determined with sub-union regulation
Duties of the discipline board are as follows;a) To implement and to give penalties by investigating upon the decision of opening an investigation of executive board.
b) To make other duties given by executive board.
Sub-union Incomes and Expenses
ARTICLE 24- Incomes of sub unions are as follows:
a) Entrance contribution and annual contribution.
b) Commission fee to be cut from members in the rate of three per thousand from sells of goods and services and production dealing with seeds.
c) Investment, membership and plant incomes and incomes of laboratory and so on.
d) Fair, organization, advertisement, promotion and publication incomes.
e) Right of name, logo, label of seedling, contracting prices, arbitration, advisory service, mediation, training and meeting incomes.
f) Incomes gained from movable and immovable good.
g) Permission, license of authority and certification fees regarding as transactions vested in sub union.
h) Other incomes regarding as activity subject.
Expenses of sub union are of those related with the assigned duties on the scope of this law and the activities oriented to the fulfillment of the duties being assigned on the frame of the union aims.
Abolition
ARTICLE 25- General board of the sub union might take a decision of abolition with two-third majority of the all members possess to join to the General board. In the case of not being able to ensure the majority in the initial meeting; in the second meeting, the meeting might be hold with the participated members on the condition of not being accounted for less than two times of the numbers of administration, inspection and discipline assembly members. In this case two-third majority of those joined to the meeting make decision of abolition. Procedures and principles related to the abolition are determined with regulations of the sub Union.
Turkish Union of Seed Producers.
ARTICLE 26- Turkish Union of Seed Producer; professional upper institution established by sub unions, have legal entity, so as to secure cooperation and solidarity among the sub union, so as to develop seed sector, so as to secure professional solidarity among those display activity in the sector and make duties given by legislation. After establishing, sub unions must to affiliate with Union.
Duties of the Union
ARTICLE 27.- Union make duties determined as following so as to develop seed sector of the country:
a) Developing seed sector and proposing for the ministry in order to help forming policies of seed sector
b) Forming a system to provide quality requirement of seedling which is traded in Turkey
c) Giving opinion related with arrangements which was prepared about seedling
d) Providing cooperation and coordination between it’s members and public sector and other Professional establishments
e) Mediating about conflicts between it’s members, upon demands of the parties
f) Providing technical cooperation with national and international professional unions and being member to these unions where it is required
g) Providing to be formed technical staff by ensuring scholarship, donation and support to researchers and breeders at seedling sector
h) Determining the professional ethic rules to be abided by union members and people operated in seed sector
i) Issuing contracts of seed propagating and monitoring the implementing of contracts
j) Investing seed sector, purchasing, selling and mortgaging to movable and immovable, taking out a loan, and providing public social assistance towards establishing aims
k) Performing other operations and to be given by the Ministry, in accordance with the Law
l) Performing other operations and process to be given under the legislation
Organs of the union
ARTICLE 28- The organs of the union consists of General board, executive board, inspection board, board of discipline and board of arbitrators.
General board of the Union and its Duties
ARTICLE 29.- The General board of the Union is composed of representatives elected among own members of the sub-unions for two year period. In case of representatives be taken out or go out from General board, or their resignation, or their death, alternate representatives attend to the General board instead of them. Expenses about attending to the General board are met by the sub union which they represent.
General board gathers not less than once a year upon the call for the executive board. General board is called for meeting upon executive board or audit board decision or 1/5 th of general board members’ demand in written. If the required majority is not obtained in first meeting, majority is not wanted in second meeting. But the number of representatives attending to second meeting can not be less than twice as many as total amount of original members of management, audit and discipline board. General board gathers onto absolute majority of total number of the representatives and take decisions onto absolute majority.
Calling for meeting of the general board and procedures and rules related to the meeting are set by Union regulation.
Duty and authorities of the General board are as follows;
a) To make cooperation between sub-unions and to take decisions and required measures for the development of the sub-unions.
b) To determine the main principles for developing sub-unions.
c) To select the organs of union.
d) To determine the main principles related to working and managing of the union.
e) To approve and negotiate the budget which was prepared by Executive Board.
f) To negotiate the reports of the Executive Board and Audit Board to decide that it will be admitted or not.
g) To admit general arrangements prepared by sub-unions.
h) To set commissions if necessary.
i) To vest the executive board with the authority to purchase, sell and mortgage movable and immovable possession and to establish real right on these possessions on behalf of the sub-union
j) To vest the executive board with the authority to establish laboratories, business, education centre and to provide these with necessary equipment and to meet other needs of them
k) To discuss the current affairs of seed sector.
l) To determine the contribution share which will be appropriated from the incomes of the sub-union for the union.
m) To fulfill the duties to be assigned by the legislation.
Executive Board of the Union and its Duties
ARTICLE 30.- Executive Board of Union is composed of for a two year period and selected for at least one representative from every sub-union and consisted of five associate and five altenate members. Among themselves, the associate members of the board, at their first gathering, with secret ballot, elect a chairman, a vice-chairman and an accountant who will carry out the tasks the executive board determines. Executive Board chairman is the chairman of the union at the same time. A secretary-general, who will implement both the tasks given by the executive board and the transactions of the union, is appointed. The qualities and duties of the secretary-general are determined in the regulations of the union.
The chairman of the executive board; presides the executive board and represents the union. He is accountable for the financial affairs of the sub-union and related registering with the accountant member and also liable for other registers and correspondences with the secretary-general. In the absence of the chairman, the vice-chairman represents him. Those who have had the post of chairmanship for two terms consecutively cannot assume the same post without the passage of two terms.
The executive board gathers upon the call of the chairman, at least once a month, with absolute majority. Decisions are taken with the absolute majority of the participants; in case of a draw, the determinant is the vote of the chairman.
The procedures and principles as to the executive board gatherings are determined with the regulations of the union.
Duties and authorities of the Executive Board are as follows;
a) To formulate the agenda of the General board and to call the board to gathering.
b) To formulate the term’s balance sheet, activity report and the approximate budget of the union and submit these to the General board.
c) To implement the decisions of the General board.
d) To establish communication and solidarity among sub-unions.
e) To arrange conferences, seminars, courses, symposiums, etc. for the members and those active in the sector of raising seeds so that their vocational knowledge and good manners will go up.
f) To conduct the required studies to develop the sector of raising seeds, to conduct and make others conduct research about the sector.
g) To want the discipline board to carry out the procedures for the members, in case of the existence of actions requiring disciplinary punishment or posing an offense.
h) To purchase, sell and mortgage movable and immovable possession and to establish real right on these possessions on behalf of the union.
i)To implement other tasks given by the General board.
Inspection Board of the Union and its Duties
ARTICLE 31.- The inspection board of the Union is composed of two associate and two alternate members elected among the representatives and one associate and one alternate member determined by Ministry for a period of two years. The board gathers at least two times within a year and at their first gathering, the members elect a chairman among themselves with secret ballot.
The gathering procedures and principles of the supervisory board is determined with union regulation.
Duties of the inspection board are as follows:
a) To scrutinize all the accounts and transactions of the union.
b) Is to submit the deficiencies (he) observed in the audits and transactions to the General board at the latest 15 days.
c) Is to submit result of inspections, two-year period, as a report to the General board.
d) Is to convoke a meeting general assembly when required.
Discipline Board of the Union and its duties
ARTICLE 32- Discipline Board of the Union is composed of three associate and three alternate members elected among representatives for two-year period by the General board. Discipline Board gathers by Executive Board call. At their first meeting the members of discipline board elect a chairman and also a reporter among themselves with secret ballot.
The gathering procedures and principles of the supervisory board is determined with union regulation
Duties of the discipline board are as follows;
a) To implement and to give penalties by investigating upon the decision of opening an investigation of executive board.
b) To make other duties given by executive board.
Arbitrators Board of the Union and its Duties
ARTICLE 33- Arbitrators Board of the Union is composed of at least two representatives who have expertise related issues elected among sub-unions members for two-year period. Also alternate representatives are elected as many as the number of associate representatives. In case of representatives be taken out or go out from unions , or their resignation, or their death, alternate representatives attend to Board of Arbitrators instead of them. Representatives selected as associate members, can not serve in the organs of the Union and sub-union.
Duties of the Board of Arbitrators are as follows:
a) To resolve the conflicts to evolve between Unions and sub-unions, sub-unions and their members and third parties using the ways of conciliation, mediation and arbitration.
b) To conduct the duties of the Union in the framework about international responsibilities of conciliation, mediation and arbitration.
c) To submit the working reports to the General board
Incomes and expenses of the Union
ARTICLE 34- Incomes of the Union are as follows:
a) Entry contribution and annual contribution and contribution rates that sub-unions allocate each year from their gross-incomes at least in the ratio of 10 % determined by General Board in the scope of limits in ARTICLE 17.
b) Investment, membership and plant incomes and incomes of laboratory and so on.
c) Fair, organization, advertisement, promotion and publication incomes.
d) Right of name, logo, label of seedling, contracting prices, arbitration, advisory service, mediation, training and meeting incomes.
e) Incomes gained from movable and immovable good.
f) Permission, license of authority and certification fees regarding as transactions vested in sub union.
g) Other incomes regarding as activity subject.
According to the provision of sub-paragraph (a); Contribution rate which is at least 10% and determined by General board of the Union is paid by sub-union to one of the banks determined by Executive Board on behalf of the Union. Contribution rates are calculated according to the gross incomes of the previous year and paid in four equal installments in the months of March, June, September and December of the following year. When contributions are not paid on time, they shall be collected by sub-unions with legal interests.
Expenses of the Union are of those related with the assigned duties on the scope of this law and the activities oriented to the fulfillment of the duties being assigned on the frame of the union aims
Qualifications of Sub-union and Union organs for joining to elections
ARTICLE 35- . In accordance with the Law provisions natural persons registered to sub-union and Union, whose older than eighteen years old, and representatives of legal persons authorized by the officially registered who are entitled to representing and obligatory processes, can vote in the elections of union and sub-union.
Provisions the below is shall be stipulated to be chosen the organs of Sub-union and Union:
a) To be a Turkish citizen
b) To be registered to the Union at least for two years
c) To be above the age of twenty five at the time of election
d) Not to be in bankruptcy or to gain ascendance again after being in bankruptcy
e) Not to be sentenced to imprisonment for more than two years or with infamous punishment except the crimes committed by imprudence or even if be postponed or forgiven not to be received a sentence by reason of the crimes embezzlement, defalcation, bribery, robbery, swindling, fakery, abuse of trust, subornation of perjury, illegal trafficking, swindled bankruptcy, malfeasance, rigging a competitive bidding process, money laundering, betraying the secrets of government, terror, participation in tax fraud,
f) Not to be completely forbidden of carrying out trade and art works,
g) To be a tax payer of income tax or Union tax on account of commercial, agricultural, and industrial income,
h) To be literate,
In accordance with the Law, native and foreign legal person of representatives of the real person having above properties, who are entitled to representing and obligatory processes, can be elected for union and sub-union. Duties within union and sub-union of the real person who is incompetence in being elected will be finalized. Other subjects with respect to properties of participating in the elections of bodies shall be determined in union regulation.
To be able to use for rights of members of the union and the sub-union, legal person is stipulated to be entitle to represent owner, partner, executive board, general director, a superior of manager at the level of corporate executive company and, have mentioned properties at least six month before election
In the case of annulment of member of legal person, both his/her membership and his/her duty within union and sub-union he/she has been elected will be finalized.
Principles of election for union and sub-union organs
ARTICLE 36- According to principle of secret and open vote classification, elections for union and sub-union bodies which are laid down in the framework of the Law are performed as laid down paragraphs below:
It is consigned lists determined members or representatives to be participated in election in two copies to judge president of district election commission in concerned place at least fifteen days before General board meetings. Moreover, agenda, place, day and time of meetings, and in the event of not majority, subjects with regard to second meeting to be held are determined. By also taking into consideration subjects present on agenda, dates of the meeting must be arranged in the manner of providing to be finalized discussions until a Saturday evening and to be made elections from 9:00 to 17.00 on Sunday which is the following day. Judge responsible for places, where more than one province election commission is, is appointed by province election commission.
Judge shall approve of list determined members or representatives to be participated in election and other subjects laid down above, in the event of deficiencies, after having deficiencies completed, by having, when necessary, relevant entries and documents brought and by inspecting concerned entries and documents. During period of three days, it is declared, by hanging the approved list and other subjects regarding meeting on the declaration place of union and sub-union with related to assigned district election commission .Provided that it is objected within declaration period, protests for list are investigated by the judge and made an absolute decision in two days at most. It is consigned definite lists determined in this way and other subjects regarding meeting to relevant union or sub-union.
Of the public officials and members not candidate, the judge shall appoint, which consists of one president and two members. In the same way, the judge also determines three alternate members. In the case of absence of the president of a ballot box commission for election, the oldest member presides to commission. A ballot box commission for election is responsible for conducting and administration of elections in accordance with principles envisaged in the Law, and classification of votes. Also, her duties constantly last until election and classification procedures finishes.
Within union and sub-union that their members are more than 400 people, one ballot box is present for each 400 people. Also, it is constituted a separate commission for each ballot box. It isn’t taken into account for ballot box, at most surplus one hundred members. Equipments and means to be used for elections shall be supplied by province General board and places in which ballot box will be situated shall be determined by the judge.
Every single person who has a right to attend to the meeting that will held in the elections at General board, can be or nominate a candidate with a signed document. Lists of the candidates for the elections will consign to the judge to seal after preparing enough copies of alphabetical surname lists that arranged as single list of all candidates for all bodies or as separate lists of candidates for every single body, by the presidency of the General board. No sign or title can be placed near to names. Any members can’t vote, in the case of not having a name in the list to attend for General board. The votes can be used after proving the identity with the ID’s which are given by the sub union, union or Official Unions and after signing the name list, in an enveloped that sealed by election board. At voting, candidate name will be marked as many as true number of the organ members with the stamp of the county election board. Other written papers or the official ballots when they marked more than the true number of the body members and the ballots which are in non-sealed envelopes will be invalid.
At the time of vote counting, candidates poll the most votes are elected as associated member and rest of the candidates are placed as alternate members according to highest vote principle. In the case of equality of votes, lots will be drawn. At the end of election period, the results are recorded and signed by voting station board chief and members. On condition that, a copy result records will be hanged at the election place, temporary results will be announced. Used votes and other official documents and a copy of result records, are consign to county election board to keep them for 3 months time.
All operations made during the elections and as from 2 days arranging of the records, possible objections will be examined at the same day and adjudicated without doubt. As soon as end of the objection period and adjudication of objections, Judge will announce the definite results in accordance with rules as above and consign to sub union or union. If Judge will adjudicate for cancellation of the elections, because of unlawfulness which affect the results or any illegal application, the date of the Sunday when the elections will renew, is going to consign to the regarding sub union or union in a period between at least one month and maximum of two months time. At the appointment date, just the elections will take place and election process will execute according to this ARTICLE as the provisions of the law.
Responsible judge and voting station board chief and members will be charged from the budget of sub-associations, association within the provisions of Act number 298 (26.04.2004) “Act Regarding to Elector Rolls and Basic Provisions for Elections”. Commit a crime against voting station board chief and members during elections, will be admitted and punished as the crime had been committed against State.
Criminal Prosecution
ARTICLE 37. – Punishment , regarding to the government officials, is given to the staff and to the members of the organs exterminated or changed the papers, account books, reports, proceedings, balance sheets and commit an offense against to union’s and sub-union’s documents means as money, promissory note and other goods.
Exemption
ARTICLE 38. – Unions and sub-unions can benefit from all the fee and tax exemptions given to the cooperatives which are established, according to Cooperatives Laws with the date of 24.4.1969 and the number of 1163.
Inspection
ARTICLE 39. – Ministry has a right to supervise and inspect the organs of unions and sub-unions related to financial and administrative subjects.
Ministry or public prosecutor wants to give an end to the sub-unions and unions responsible organs that are being active in other things (not in their purposes) and to choose the new ones. By request of Ministry or attorney general, civil court makes an decision by judging and trial results at the latest in 3 months.
But, if there is a situation of being late in preventing the offense, national security, public order; sub-union and unions activities are being prohibited by governor. Decision of prohibition is being presented to the judge’s approval within 24 hours. Judge, explains the decision unless decision automatically abrogates.
PART SIX
Various Decrees
Decrees Related To Forest Plant Species
ARTICLE 40. – In the framework of this law provisions, Ministry of Environment and Forest shall be authorized, by a protocol, for the registration of genetic sources, and seed production, certification, trade and market inspection, and related procedures in forest plant species.
ARTICLE 41. –Law 308 dated of 21.8.1963 which is related to Registration, Control and Certification of Seeds has been repealed.
Quotations to Law 308 in other legislations shall be deemed to this law.
TEMPORARY ARTICLE 1. – Varieties, which were registered, and with production release, and recorded in commercial vegetable record by the provisions of Law 308 before this law put into effect, shall be taken into account.
Authorizations for research and breeding of institutions registered as private agricultural research institute by the provisions of Law 308 before this law put into effect shall be continued.
Provisions in the first paragraph of Article 5 and first paragraph of Article 7 shall not be applied to plant species, in which no variety is registered and of which varieties is registered but is considered necessary by Ministry, for 5 years after this law put into effect.
Secondary legislations for fulfilling of this law shall be prepared within 1 year after this law put into effect by Ministry. Provisions of secondary legislations based on Law 308, which are compatible to this law, shall be valid until secondary legislations of this law put into effect.
TEMPORARY ARTICLE 2. – In accordance with this law, when natural or legal persons, who do not have any impediment to be elected, have sought to constitute a sub union, they shall get a certificate of founder by applying to Ministry within one year after this law put into effect. Within one month from the application date founders shall elect the temporary board of management (with 5 members) in location decided by Ministry. Present associations or professional unions, when this law put into effect, shall be given priority by Ministry.
Temporary board of management shall call for a general board elections based on Article 20 of this law after the establishment of temporary board of management within a month by completing member registration. In general board election, management bodies of sub union shall be elected. In this first election, Paragraph 2, sentence (b) of Article 35shall not be applied. Sub unions shall have legal personality by reporting the result of election to Ministry.
Ministry call the elected representatives of sub unions for a meeting in Ankara to elect Union Boards when at least three sub unions get legal personality. Union shall have legal personality by getting final result of election.
Sub-unions in the frame of this article may act or communicate, which stated in this law, to set up sub union until getting legal personality.
TEMPORARY ARTICLE 3. – Public employees and staff by contract of public institutions, which are in the scope of Council of Ministers Decision 233, can be paid an incentive premium which its annual total can not exceed three fold of a gross salary of a 16 year old worker working for minimum wage. This payment shall be made as long as the institution continue seed production and it shall not be subject to any deduction with the exception of stamp tax. Time of payment, and procedures and rules related to this incentive shall be projected by Supreme Planning Council taking into account of position of staff, place of work, gross income from seed production.
Enforcement
ARTICLE 42. – This law shall be put into effect at the date of publication.
Judicial Organ
ARTICLE 43. – These law provisions shall be enforced by Council of Ministers.