2010 ilerleme raporu - Avrupa Birliği Bakanlığı

everages remain burdensome. The Tobacco and Alcohol Board still requires the same
documentation as it did before the import licence requirement was lifted. The documentary
requirements to obtain the control certificate from the Ministry of Agriculture remain also
burdensome. Alignment with the old approach acquis is advanced, but further efforts are
needed to complete the process.
Alignment with the new approach product legislation is already advanced. Limited further
progress can be reported in this area. The Ministry of Public Works and Settlement issued
legislation on the criteria applicable to the notified body and published technical
specifications for construction products. The same Ministry abolished about 188 mandatory
standards in the area of construction products. Mandatory certification by the Turkish
Standards Institute for products falling under 22 standards is also abolished. The Ministry of
Health published a communiqué laying down the principles and procedures for a warning
system on medical devices.
No progress can be reported on procedural measures. The Under-Secretariat of Foreign
Trade continued implementing the provisions of Regulation 765/2008 regarding the control of
products entering the EU market, even though this Regulation has not been transposed yet
into Turkey's national legislation. No progress was made on cultural goods and firearms.
There was no progress in the non-harmonised area. The mutual recognition principle still has
not been introduced into Turkey’s trade arrangements. The Ministry of Public Works and
Settlement issued legislation establishing a conformity assessment procedure for the G mark
for all construction products in the non-harmonised area with effect from July 2010. This
legislation creates an advantage for products that carry the TSE mark (Turkish Standards
Institute's quality mark). Conformity assessment bodies were assigned for this purpose. The
provision concerning products originating from non-EU countries, including those put into
free circulation in the EU and re-exported to Turkey, has not been revised. These construction
products would still have to go through conformity assessment checks in Turkey.
Turkey has still not fully incorporated into its domestic legal order all EU acts for the removal
of technical barriers to trade enumerated in Annex II to Decision 2/97 of the EU-Turkey
Association Council. Moreover, Turkey has still not accepted the update of the Annex to this
Decision reflecting acquis adopted since 1997.
‘Free movement of goods’ is one of the eight chapters covered by the conclusions on Turkey
adopted by the Council (General Affairs and External Relations) on 11 December 2006 and
endorsed by the European Council on 14/15 December 2006. As long as restrictions remain in
place on the free movement of goods carried by vessels and aircraft registered in Cyprus or
whose last port of call was in Cyprus, Turkey will not be in a position to implement fully the
acquis relating to this chapter.
Conclusion
Limited progress can be reported in this chapter. Although alignment is advanced, the new
legislative framework on marketing of products has yet to be transposed into the Turkish legal
order and the requirements of the acquis need to be fully incorporated. Technical barriers to
trade are still hampering free movement of goods and new barriers have been added in areas
such as pharmaceuticals and construction products. Deficiencies persist in the market
surveillance system. The mutual recognition principle still has not been introduced in
Turkey’s trade legislation and the problem of data protection in connection with
pharmaceutical products remains unsolved. Turkey needs to fully implement Decision 1/95 on
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