2010 ilerleme raporu - Avrupa Birliği Bakanlığı

public health, there has been good progress in terms of legislative alignment. However,
enforcement remains insufficient in areas other than tobacco. The administrative structures
and enforcement powers necessary to implement the transposed legislation and monitor
progress require strengthening. Preparations in the area of consumer and health protection are
on track.
4.29. Chapter 29: Customs Union
There has been some progress with regard to customs legislation.
Turkey adopted the provisions implementing its new customs law, further aligning its customs
rules with the EU acquis. The Undersecretariat for customs adopted implementing legislation
on binding tariff information that limits the rights of economic operators to apply for binding
tariff information, particularly those importing products that are subject to mandatory
laboratory testing. The Undersecretariat amended the implementing provisions on laboratory
controls for processed agricultural products to limit mandatory laboratory controls exclusively
to cases where the products are imported in bulk or their tariff classification cannot be
determined by customs. The overall level of alignment with the EU acquis in the field of
customs rules is high thanks also to the existence of the EU-Turkey Customs Union.
However, further alignment is required with regard to customs rules on intellectual property
rights and on the exemptions granted to goods used or consumed in the free zones regulated
by the Undersecretariat for foreign trade. The Turkish duty relief legislation allowing dutyfree
shops at entry points is not in line with Turkey’s Customs Union obligations.
There has been no alignment regarding the rules on surveillance of imports and exports of
goodsand tariff quotas. In particular, the legislation for tariff quotas provided for processed
agricultural products is not in place and the management of the few existing tariff quotas is
not in line with EU standards. Products originating outside the EU but in free circulation in
the EU market are still subject to product safety inspections in Turkey, even if the goods have
already been cleared by customs in the EU, bear the CE mark and are accompanied by an
ATR movement certificate. In the context of these inspections, economic operators are
systematically obliged to submit a declaration of origin before customs clearance. Requiring
operators to declare the origin of products before their customs clearance is an infringement
of the Customs Union.
As regards administrative and operational capacity, some progress can be reported. The
Undersecretariat strengthened its vehicle tracking system and mobile inspection units.
Through public-private partnership contracts signed with Turkish private sector organisations,
the Undersecretariat was supplied with scanners that further enhanced its enforcement
capacity at some border crossing points. The Undersecretariat has to improve its risk-based
analysis with a view to applying it soundly and uniformly throughout all customs offices. The
feedback reporting mechanisms between the Undersecretariat’s central risk analysis units and
regional customs teams should be reinforced. Coordination between customs enforcement and
other law enforcement agencies at the border needs to be improved. Simplified procedures
need to be applied in order to facilitate legitimate trade by reducing physical inspections.
Turkey continued to be one of the main suppliers of counterfeit goods seized at EU customs
and lacks enforcement capacity for IPR controls on both imports and exports.
Further efforts were made towards achieving IT interconnectivity with the EU systems on
transit (NCTS) and tariffs (TARIC, Quota, and Surveillance). Turkey reached a high level of
alignment in the field of transit with a view to starting the process for acceding to the
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