Fertilizers
- 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 Agriculture and Forestry is required for importation of goods included in the Communiqué. However, a licence is not required for the importation of product which classified under HS codes of 2832.30.00.20.00, 2832.30.00.90.00, 2834.21, 2834.29.80.11.00, 2834.29.80.12.00, 2834.29.80.19.00, 3002.49.00.00.00, 3824.84.00.00.00, 3824.85.00.00.00, 3824.86.00.00.00, 3824.87.00.00.00, 3824.88.00.00.00, 3824.99.92.00.39, 3824.99.93.00.19, 3824.99.96.90.68, if those products are not to be used as fertilizers.
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
Product coverage:
- For all countries
| HS Code | Description |
|---|---|
| 2834.21 | Potassium nitrate exclusively used for fertilizer |
| 3002.49.00.00.00 | Exclusively used for micro-organism cultures for plant grow (microbial fertilizers) |
| 3101.00 | Animal or vegetable fertilizers, whether or not mixed together or chemically treated; fertilizers produced by the mixing or chemical treatment of animal or vegetable products |
| 3102.30 | Ammonium nitrate, whether or not in the form of aqueous solution) (except for ammonium nitrate), containing only ammonium nitrate with pure ammonium nitrate for narcotics gas only and with 34.5% or more nitrogen (nitrogen) subject to the authorization of the Ministry of Interior (General Directorate of Security) in terms of general safety and public order |
| 3102.40 | Mixtures of ammonium nitrate with calcium carbonate or other inorganic non-fertilising substances |
| 3102.50 | Sodium nitrate |
- For all countries except EU member states
| HS Code | Description |
|---|---|
| 2832.30.00.20.00 | Amonium Tiosulphate only used as fertilizers |
| 2832.30.00.90.00 | Potassium Tiosulphate only used as fertilizers |
| 2834.29.80.11.00 | Containing not more than 16% by weight of calcium nitrate exclusively used for fertilizers |
| 2834.29.80.12.00 | Clacium fffIn tablets, lozenges and similar prepared forms or in packings of a gross weight not exceeding 10kg exclusively used for fertilizer |
| 2834.29.80.19.00 | Other calcium nitrate exclusively used for fertilizer |
| 2834.29.80.20.11 | Magnesium nitrate |
| 3102.10 | Urea, whether or not in aqueous solution |
| 3102.21.00.00.00 | Ammonium sulphate |
| 3102.29 | Other |
| 3102.60 | Double salts and mixtures of calcium nitrate and ammonium nitrate (excl. those in pellet or similar forms, or in package |
| 3102.80.00.00.00 | Mixtures of urea and ammonium nitrate in aqueous or ammoniacal solution |
| 3102.90 | Other |
| 31.03 | Mineral or chemical fertilisers, phosphatic |
| 31.04 | Mineral or chemical fertilisers, potassic |
| 31.05 | Mineral or chemical fertilisers containing two or three of the fertilising elements nitrogen, phosphorus and potassium; other fertilisers goods of this chapter in tablets or similar forms or in packages of a gross weight not exceeding 10kg |
| 3824.84.00.00.00 | Containing aldrin (ISO), camphechlor (ISO) (toxaphene), chlordane (ISO), chlordecone (ISO), DDT (ISO) (clofenotane (INN), 1,1,1-trichloro-2,2-bis(p- chlorophenyl)ethane), dieldrin (ISO, INN), endosulfan (ISO), endrin (ISO), heptachlor (ISO) or mirex (ISO) (Exclusively used for fertilizers) |
| 3824.85.00.00.00 | Containing 1,2,3,4,5,6-hexachlorocyclohexane (HCH (ISO)), including lindane (ISO, INN) (Exclusively used for fertilizers) |
| 3824.86.00.00.00 | Containing pentachlorobenzene (ISO) or hexachlorobenzene (ISO) (Exclusively used for fertilizers) |
| 3824.87.00.00.00 | Containing perfluorooctane sulphonic acid, its salts, perfluorooctane sulphonamides, or perfluorooctane sulphonyl fluoride (Exclusively used for fertilizers) |
| 3824.88.00.00.00 | Containing tetra-, penta-, hexa-, hepta-or octabromodiphenyl ethers (Exclusively used for fertilizers) |
| 3824.99.92.00.39 | Other (Exclusively used for fertilizers) |
| 3824.99.93.00.19 | Other (Exclusively used for fertilizers) |
| 3824.99.96.90.68 | Other (Exclusively used for fertilizers) |
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 is not intended to restrict the quantity or the value of importation of the goods. The purpose is to manage the resources used in agricultural production properly, which may cause damage to health or lifecycle of plant, animal or human when they are treated without control.
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 covered in the Import Communiqué: (Import Communiqué 2024/16) published in the Official Gazette of 31 December 2023, No. 32416 bis. The Communiqué is available at the https://www.resmigazete.gov.tr/eskiler/2023/12/20231231M3-20.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)?
There is no deadline about how far in advance of importation application for a license must be made. An application can be made while the product to be imported is in the customs area or before it comes to the customs area.
Q7.b. Can a licence be granted immediately on request?
License can be issued immediately if requested information and documents are complete.
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 deadline for application. It can be made any time during the year.
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 assessment of applications is not conducted by a single administrative organ; a document must be issued from the Turkish Standardization Institute (TSI) for the final import permission.
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?
Application for approval can be rejected in case information or documents requested by the Ministry are incomplete. The reason for the rejection is notified to the applicant in writing.
The Ministry 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 importers are eligible to apply for licence.
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?
Application form, original of the analysis report of the product in importation of agricultural purpose, original of the invoice / proforma invoice, original receipt.
Q11. What documents are required upon actual importation?
One copy of the document, which comprises of the approval of the Authority, shall be annexed to the Customs Declaration form.
Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?
License fees range from 3.685,00TL to 8.015,00TL depending on the quantity of imported products.
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.
Fees are paid in advance. it can be refund in case of excessive deposit.
Conditions of Licensing
Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?
The period of validity of a licence is six months from the date of issue within the calendar year. Validity of license can be extended up to end of the calendar year.
Q15. Is there any penalty for the non-utilization of a licence or a portion of a licence?
There is no penalty for non-use or partial use of a license.
Q16. Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
Licenses are not transferable between 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.