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 structuresand enforcement powers necessary to implement the transposed legislation and monitorprogress require strengthening. Preparations in the area of consumer and health protection areon track.4.29. Chapter 29: Customs UnionThere has been some progress with regard to customs legislation.Turkey adopted the provisions implementing its new customs law, further aligning its customsrules with the EU acquis. The Undersecretariat for customs adopted implementing legislationon binding tariff information that limits the rights of economic operators to apply for bindingtariff information, particularly those importing products that are subject to mandatorylaboratory testing. The Undersecretariat amended the implementing provisions on laboratorycontrols for processed agricultural products to limit mandatory laboratory controls exclusivelyto cases where the products are imported in bulk or their tariff classification cannot bedetermined by customs. The overall level of alignment with the EU acquis in the field ofcustoms 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 propertyrights and on the exemptions granted to goods used or consumed in the free zones regulatedby the Undersecretariat for foreign trade. The Turkish duty relief legislation allowing dutyfreeshops 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 ofgoodsand tariff quotas. In particular, the legislation for tariff quotas provided for processedagricultural products is not in place and the management of the few existing tariff quotas isnot in line with EU standards. Products originating outside the EU but in free circulation inthe EU market are still subject to product safety inspections in Turkey, even if the goods havealready been cleared by customs in the EU, bear the CE mark and are accompanied by anATR movement certificate. In the context of these inspections, economic operators aresystematically obliged to submit a declaration of origin before customs clearance. Requiringoperators to declare the origin of products before their customs clearance is an infringementof the Customs Union.As regards administrative and operational capacity, some progress can be reported. TheUndersecretariat 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 enforcementcapacity at some border crossing points. The Undersecretariat has to improve its risk-basedanalysis with a view to applying it soundly and uniformly throughout all customs offices. Thefeedback reporting mechanisms between the Undersecretariat’s central risk analysis units andregional customs teams should be reinforced. Coordination between customs enforcement andother law enforcement agencies at the border needs to be improved. Simplified proceduresneed 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 customsand lacks enforcement capacity for IPR controls on both imports and exports.Further efforts were made towards achieving IT interconnectivity with the EU systems ontransit (NCTS) and tariffs (TARIC, Quota, and Surveillance). Turkey reached a high level ofalignment in the field of transit with a view to starting the process for acceding to theEN 93 EN