January 5, 2024
A new approach to the 2024 implementation of product safety and surveillance inspections under the control of the Ministry of Agriculture and Forestry is being introduced.
A significant portion of imported products is subjected to product safety inspections to determine whether they meet certain standards and conditions. The products subject to these inspections are defined by Product Safety and Surveillance Communiqués. The authority conducting the inspection varies depending on the product.
While all Product Safety and Surveillance Communiqués are undoubtedly important, we can state that one of the most comprehensive is the Communiqué No. 2004/5 on the Import Inspection of Products Subject to the Control of the Ministry of Agriculture and Forestry, especially considering the scope of the list of goods. The purpose of the communiqué itself highlights its significance: Import controls for certain products in terms of human health and safety, as well as the protection and health of animals and plants.
The Product Safety and Surveillance Communiqués to be implemented in 2024 were published in the 4th Repeated Official Gazette dated December 31, 2023. It would not be incorrect to say that one of the major changes occurred in Communiqué No. 2024/5, which is implemented by the Ministry of Agriculture and Forestry.
The products subject to compliance or control certification by the Ministry of Agriculture and Forestry have been specified based on their customs tariff code (GTIP) and published in the annex of the communiqué. When compared to previous years, there are no significant differences in the lists and annexes. Article 10 of Communiqué No. 2024/5 introduces an exemption for goods that, although listed within the communiqué, are declared to be used outside the areas foreseen by the communiqué. The exemption provisions here are similar to those in previous communiqués.
Until 2024, there was no special procedure for determining whether products imported under an exemption were truly eligible for the exemption. However, the following provision in Article 10 of the new communiqué is noteworthy:
"For goods imported under a fixed reference number as declared under paragraphs (b), (c), (ç), (d), and (e) of the third and fourth subsections, where the total invoice amount exceeds 500,000 TL, a Customs Broker Report must confirm that the declared use or delivery of the goods is in accordance with the declaration. The procedures and principles for these transactions will be determined by the General Directorate of Customs of the Ministry of Trade."
In the new period, when exemptions under Articles 10/3 and 10/4-b, c, ç, d, e of Communiqué No. 2024/5 are declared, the accuracy of the declaration will need to be verified. This verification will be conducted by Authorized Customs Brokers (YGM). This indicates that the Ministry of Trade aims to fill a critical gap in an area that could negatively impact human, animal, and plant health and safety. The aim is to control the imported goods that are exempt from import inspections based on their declared use after the import process.
Communiqué No. 2024/5 came into effect on January 1. Therefore, as of January 1, any declarations exceeding 500,000 TL must follow the procedures outlined in the communiqué. However, there is still a need for regulation by the Ministry of Trade regarding the format and details of the YGM report. Additionally, since reporting requires that the imported goods must be used or delivered in accordance with the declaration, time will also be needed for the reporting process. While awaiting the Ministry of Trade's regulation, it is advisable for companies importing under this exemption to prepare the necessary infrastructure for the new period.