Certain substances affecting labour's health and security
- Document symbol
- G/LIC/N/3/TUR/21
- Original language
- English
- Published on
- 08/07/2024
Outline of Systems
Q1. Give a brief description of each licensing system as a whole and, with respect to each, reply to the following questions as relevant, placing all of the material with respect to a given system in sequence together, and using cross references as appropriate when elements which have already been described are also present in another system.
The approval of the Ministry of Labour, Social Services and Family, Presidency of Labour Health and Safety Research and Development Institute is required for the importation of goods covered by the Communiqué.
Costless invoiced Samples (10kg or less by weight) are excluded.
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
Product coverage:
| HS Code | Description |
|---|---|
| 2707.10.00.00.00 | Benzole (benzene) |
| 2707.20.00.00.00 | Toluole (Toluene) |
| 2707.50.00.00.11 | Solvent Naphtha |
| 2707.50.00.00.19 | Other |
| 2707.99.11.00.00 | Crude Light Oils of which 90% or more by volume distils at temperatures of up to 200C |
| 2707.99.19.00.00 | Other |
| 2710.12.21.00.00 | White spirit |
| 2901.10.00.90.11 | Hexane |
| 2901.10.00.90.12 | Heptanes |
| 2902.20.00.00.00 | Benzene (Benzole) |
| 2902.30.00.00.00 | Toluene (Toluole) |
| 2902.41.00.00.00 | o-xylene |
| 2902.42.00.00.00 | m-xylene |
| 2902.43.00.00.00 | p-xylene |
| 2902.44.00.00.00 | Mixed xylene isomers |
| 32.08 | Only for being in organic solvents as in the form of a solution |
| 3506.10.00.90.11 | Including solvent |
| 3506.91.90.90.13 | Including solvent |
| 3506.99.00.90.11 | Including solvent |
| 3814.00 | Organic composite solvents and thinners, not elsewhere specified or included, prepared paint or varnish removers |
| 3824.99.96.90.68 | Only for varnish and similar materials unorganic composite solvents and thinners |
| 39.01-39.13 | Only in solution form in organic solvents (excluding in solid form) |
| 40.05 | Only in solution form in organic solvents (excluding in solid form) |
Q3. The system applies to goods originating in and coming from which countries?
The system applies to goods imported from all countries.
Q4. Is the licensing intended to restrict the quantity or value of imports, and if not, what are its purposes? Have alternative methods of accomplishing the purposes been considered and if so which? Why have they not been adopted?
The approval of the Institute Presidency is not intended to restrict the quantity or the value of importation of the goods. The purpose is to protect workers' health from the harmful effects of goods covered by the Communiqué.
Q5. Cite the law, regulation and/or administrative order under which the licensing is maintained. Is the licensing statutorily required? Does the legislation leave designation of products to be subjected to licensing to administrative discretion? Is it possible for the government (or the executive branch) to abolish the system without legislative approval?
The procedure is mentioned in the Import Communiqué: (Import Communiqué 2024/13) published in the Official Gazette of 31 December 2023, No. 32416 bis. The Communiqué is available at the https://www.resmigazete.gov.tr/eskiler/2023/12/20231231M3-17.pdf website link. It is possible for the Government to abolish the system without legislative approval.
Procedures
Q6. For products under restriction as to the quantity or value of imports (whether applicable globally or to a limited number of countries or whether established bilaterally or unilaterally):
Q6.I. Is information published, and where, concerning allocation of quotas and formalities of filing applications for licences? If not, how is it brought to the attention of possible importers? Of governments and export promotion bodies of exporting countries and their trade representatives? Is the overall amount published? The amount allocated to goods from each country? The maximum amount allocated to each importer? How to request any exceptions or derogations from the licensing requirement?
Q6.II. How is the size of the quotas determined: on a yearly, six-monthly or quarterly basis? Are there cases where the size of quota is determined on a yearly basis but licences are issued for imports on a six-monthly or quarterly basis? In the latter case, is it necessary for importers to apply for fresh licence on a six-monthly or quarterly basis?
Q6.III. Are licences allotted for certain goods partly or only to domestic producers of like goods? What steps are taken to ensure that licences allocated are actually used for imports? Are unused allocations added to quotas for a succeeding period? Are the names of importers to whom licences have been allocated made known to governments and export promotion bodies of exporting countries upon request? If not, for what reason? (Indicate products to which replies relate.)
Q6.IV. From the time of announcing the opening of quotas, as indicated in I above, what is the period of time allowed for the submission of applications for licences?
Q6.V. What are the minimum and maximum lengths of time for processing applications?
Q6.VI. How much time remains, at a minimum, between the granting of licences and the date of opening of the period of importation?
Q6.VII. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?
Q6.VIII. If the demand for licences cannot be fully satisfied, on what basis is the allocation to applicants made? First come, first served? Past performance? Is there a maximum amount to be allocated per applicant and, if so, on what basis is it determined? What provision is made for new importers? Are applications examined simultaneously or on receipt?
Q6.IX. In the case of bilateral quotas or export restraint arrangements where export permits are issued by exporting countries, are import licences also required? If so, are licences issued automatically?
Q6.X. In cases where imports are allowed on the basis of export permits only, how is the importing country informed of the effect given by the exporting countries to the understanding between the two countries?
Q6.XI. Are there products for which licences are issued on condition that goods should be exported and not sold in the domestic market?
Q7. Where there is no quantitative limit on importation of a product or on imports from a particular country:
Q7.a. How far in advance of importation must application for a licence be made? Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence (for example, owing to inadvertency)?
An application can be made within the same year for the product to be imported within the scope of the "Communiqué on the Import of Certain Substances Affecting Labour's Health and Safety (Import: 2024/13)" by Institute Presidency. Licenses can be obtained in advance. Applications made with proforma invoice for product application are accepted by Institute Presidency.
Q7.b. Can a licence be granted immediately on request?
A positive or negative answer is given within maximum three working days after the application is made.
Q7.c. Are there any limitations as to the period of the year during which application for licence and/or importation may be made? If so, explain.
There is no time limit for application. The Control Certificate System (CCS) used by Institute Presidency and the Single Window Portal System (SWPS) of the Ministry of Trade work in an integrated manner. Applications can be made 24/7 via e-government.
Q7.d. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?
The assessments of applications are conducted by a single administrative organ, Ministry of Labour, Social Services and Family, Presidency of Labour Health and Safety Research and Development Institute.
Q8. Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria? Are the reasons for any refusal given to the applicant? Have applicants a right of appeal in the event of refusal to issue a licence and, if so, to what bodies and under what procedures?
Applications shall be rejected if license application requirements are not fulfilled by applicants. The reasons for rejection shall be notified in writing. The applicant may submit an objection to the Ministry with an official letter, together with the reasons of objection. The Institute Presidency may review the objections and reasons within the framework of the provisions of the legislation in force and re-evaluate the application.
No appeal procedures are specified in provisions of the legislation in force. However, all actions and procedures of the administration is subject to judicial remedy according to constitution.
Eligibility of Importers to Apply for Licence
Q9. Are all persons, firms and institutions eligible to apply for licences: (If not, is there a system of registration of persons or firms permitted to engage in importation? What persons or firms are eligible? Is there a registration fee? Is there a published list of authorized importers?) a) under restrictive licensing systems? b) under non-restrictive systems?
All individuals and companies can apply for an import licence. If companies are registered through Social Security Institution (SSI), they can log in to CCS and have their applications made by themselves or by people they define as representatives. If private companies do not have registrations in SSI, they are registered as a result of applying to Institute Presidency with the required documents for registration. There is no registration fee.
Documentational and Other Requirements for Application for Licence
Q10. What information is required in applications? Submit a sample form. What documents is the importer required to supply with the application?
The invoice of the product from the importers (may be in the proforma invoice) and the Safety Data Sheet (SDS) of the product to be imported must be prepared in Turkish and by persons who have the SDS Preparation Certificate in accordance with the relevant regulation.
Q11. What documents are required upon actual importation?
One copy of the document which comprises the approval of the Institute Presidency shall be annexed to the Customs Declaration form. The Institute Presidency does not take any action regarding actual import transactions after approving the document.
Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?
License fee is charged. In 2024, it is applied as 6.000 TL (and these fees can change year to year.
Q13. Is there any deposit or advance payment requirement associated with the issue of licences? If so, state the amount or rate, whether it is refundable, the period of retention and the purpose of the requirement.
There is no deposit or advance payment requirement associated with the issue of licences.
Conditions of Licensing
Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?
The import license is valid for the year in which it is issued. There is no time extension.
Q15. Is there any penalty for the non-utilization of a licence or a portion of a licence?
There is no penalty for the non-utilization of a licence or a portion of a licence.
Q16. Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
Each importer can take it for itself. The document cannot be transferred among importers.
Q17. Are any other conditions attached to the issue of a licence? a) for products subject to quantitative restriction? b) for products not subject to quantitative restriction?
No.
Other Procedural Requirements
Q18. Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
No.