WORLD TRADE
ORGANIZATIONG/SPS/GEN/275
24 August 2001
(01-4108)
Committee on Sanitary and Phytosanitary Measures Original:  English
TURKISH SPS MEASURES APPLIED TO IMPORTATION OF BANANAS
Replies from Turkey
The Permanent Mission of Turkey has communicated the following replies to questions from
Ecuador (G/SPS/GEN/249) regarding Turkey 's measures on imports of bananas.
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1. Is Turkey’s "Kontrol Belgesi" system an SPS mechanism? Is it an import-monitoring
instrument? Or is it a specific trait of a de facto import licensing system?
Reply
"Kontrol Belgesi" is a reference document needed at customs proceedings and food safety
analyses during the border controls. In addition to information on exporter/importer, country of origin
and customs statistical position number "Kontrol Belgesi" also contains the declaration of importers
stating that their foods will be in full confor mity with related Turkish Food Codex Regulation
requirements which are in compliance with SPS requirements and Codex Alimentarius. "KontrolBelgesi" is requested for the laboratory controls at the border.
All importers are eligible to apply for "Kontrol Belgesi". They can apply for it as many times
as they want. Importers can also apply for this do cument in advance, before a consignment comes to
the customs/port. The system is applied to all foods imported from all countries. The Ministry ofAgriculture and Rural Affairs responds without delay to all applications for issuance of "Kontrol
Belgesi".
2. Please cite and provide copies of the exact laws, regulations and/or administrative orders
under which the "Kontrol Belgesi" system is maintained .
Reply
The "Kontrol Belgesi" system is covered in the "Communiqué for Standardization in Foreign
Trade" published in the Official Gazette annually by the Under-Secretariat of Foreign Trade.(Annex-1) Official Gazette 24271 of 25.12.2000.G/SPS/GEN/275
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3. Do the laws establishing the "Kontrol Belgesi" system provide for  quantity limitations?
If so, on what legal basis? If there is no legal basis, please describe the practice and the
responsible authorities.
Reply
The "Kontrol Belgesi" system is not intended in any way to restrict the quantity of
importation of the foods.  This is a reference document according to which laboratory analyses are
realised;  while issuing "Kontrol Belgesi" the capacity of the existing laboratories is taken into
account.
4. We understand that, until November 1999, "Kontrol Belgesi" for the importation of
bananas were not subject to quantity limitations and were in practice issued for up to
1.000.000 boxes. During the November 1999/December 2000 period, the issuance of each
"Kontrol Belgesi" was limited by MARA to the quantity of 10.000 boxes or 200 tonnes
of bananas. This limit has now risen to  52.000 boxes per "Kontrol Belgesi" in December
2000. Is this information correct?
Reply
Figures in "Kontrol Belgesi" are not for quantity limitation. If there had been any quantity
limitations, many documents would not have been issu ed consequently to the same firms, which are
importing Ecuador originated bananas. In addition, Turkey’s banana importation has not dropped to a
level below the average of previous years.
The limits of pesticides that might be found in fresh fruits and vegetables, both imported and
produced, are cited as MRLs by the Turkish Food Codex Regulation. For imported foods thisinspection is conducted during the importation. During the border controls the imported products are
checked for the residues and quarantine control.
For bananas, Codex Alimentarius Commissi on (CAC) and Turkish Food Codex Regulation
cover limits of certain pesticides. However, Ecuador provides residue reports on limits of which are
not contained in any codex. Thus, Turkish authorities  have to authorize imports after checking not
only the residues established by Codex, but also those other residues. Thus, the control takes moretime.
On the other hand, only five laboratories have the necessary equipment for control of
residues. Due to insufficient capacity of laboratories, and with confidence that analysis reports
submitted by importers at the application stage reflect the actual limits, "Kontrol Belgesi" was issuedfor demanded quantities in the past.  In this respect, during this period, some analyses showed that the
existing reports and analysis results in Turkey did not match with each other.  In addition, during this
period complaints from consumers increased as well.  Consequently, these subjects are obliging
Turkey to give priority for the laboratory analyses.
Since then, taking into consideration the capacity of the existing laboratories "Kontrol
Belgesi" has been issued for the quantities for which an effective control can be provided at one time.
WTO recognizes the necessity of human health protection and gives members some
flexibility to implement their individual health cont rol systems. (It states that nothing shall prevent
Members from carrying out reasonable inspection within their own territories.)G/SPS/GEN/275
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5. Has the requirement for these quantity limitations been published? If so, where? If not,
in what way has it been brought to the attention of the importers?
Reply
Transparency is one of the main pillars of the liberal world trading system and MARA
provides all information to related organizations of commerce.
6. Have the various changes in the administra tion of the "Kontrol Belgesi" system been
notified to the WTO? If so, when and under what notification procedure? If not, why?
Reply
Kontrol Belgesi does not cover product control. It is a reference document containing some
information such as foodstuffs to be imported, origin, importers and also the declaration of importers
that their goods will be in full conformity with re lated Turkish requirements (See A.1). A person who
obtains a Kontrol Belgesi document may use it during its validation period.
Food safety controls begin at the point of customs entry of commodities. The criteria applied
fully comply with the requirements of SPS and international rules.
7. How is the size of the quantity limitation determined? How many control laboratories
are involved in the inspection of bananas imports? Is it all 15 existing control
laboratories or only selected ones? Please provide the exact number and location .
Reply
Quantities foreseen in Kontrol Belgesi are de termined according to the infrastructure and
capacity of existing laboratories. In three provinces (Istanbul, İzmir and İçel), where the biggest
customs ports of entry for food are located, and in other provinces (Bursa, Ankara), residue and
hormone analyses in bananas are being carried out. More efficient controls can be made if the
infrastructure of the food control laboratories is strengthened.
8. What are the rules on the sampling procedur es applied by the Turkish laboratories and
customs authorities? Have they been published? Are they in line with the internationally
recognized standards? Please provide reference  to the international standards applied, if
any.
Reply
Turkey has been a member of WTO and CAC for years and Turkey’s food regulation has
been continuously updated. For that reason, sampling procedures are defined clearly in the Turkish
Food Codex Regulation. Also, there is a provision, which stipulates that "in case a national regulation
for import is not available, international regulations  will be applied". Therefore, food controls are in
line with the international standards.
Sampling procedures have been published in Turkish Food Codex Regulation. It is in
compliance with CAC norms and EC Directives. Procedures are determined and implemented by
Ministry directives.G/SPS/GEN/275
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9. What percentage of a banana consignment of 52.000 boxes is actually inspected and
controlled in the laboratories for SPS cert ification? Has this percentage coefficient
remained the same during the three periods (i.e. pre-November 1999, November
1999/December 2000, post-December 2000) marked by different quantity limitations?
Reply
During the actual importation, inspection is ma de according to the sampling procedures laid
down in the Turkish Food Codex Regulation as we ll as to the rate representing the whole banana
quantity to be imported.  Samples are checked in laboratories in relation to food safety criteria, which
are in conformity with SPS rules. This approach has also been applied in the periods mentioned in the
question.
10. What are the minimum and maximum lengths of time for processing applications for
“Kontrol Belgesi” and for carrying out the in spections? How much time remains, at a
minimum, between the issuance of a “Kontrol Belgesi” and the actual date of opening of
the period of importation and customs clearance? Please provide availableadministrative records.
Reply
"Kontrol Belgesi" is issued before the consignm ent comes to the customs/port. Following the
issuance of "Kontrol Belgesi", if desired the consignment may be imported within the validation
period. Issuance of "Kontrol Belgesi" varies according to the intensity of requests for other foodstuffs.
There is not a fixed period. They are issued in three to seven working days, depending on the
application time and completeness of the documents. However, some importers bring the commodity
to the port without obtaining Kontrol Belgesi. Although they have the right to apply for theapplication of Kontrol Belgesi before the consignment is brought to the port, it is observed they do not
follow this procedure.
11. Are there any limitations as to the period  of the year during which  application for
"Kontrol Belgesi" can be made? If so, please cite and provide copy of the regulations
establishing the restrictions.
Reply
All importers are eligible for applying for "Kontrol Belgesi" and they can apply whenever
they wish to do so.
12. What is the period of validity of a "Kontrol Belgesi"? Currently it appears that its
duration is limited to l October 2001? On what basis is that so? Can its validity be
extended? If yes, how?
Reply
The period of validity of a "Kontrol Belgesi" changes between 4 to 12 months. According to
the above-mentioned communiqué, validity can not be extended. However, importers who do not
posses a valid "Kontrol Belgesi" may make a new application.G/SPS/GEN/275
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13 Under what circumstances may an applicat ion for a "Kontrol Belgesi" be refused?
What are the ordinary criteria for refusal? Is the quantity limitation one of them? Are
the reasons for any refusal given to the applicant?
Reply
A "Kontrol Belgesi" application is returned to the applicant in case of absence of proper
information with the necessary explanation. When the deficiencies are completed, there also exists a
second right for application.
14. Is a right of appeal accorded to the applican ts in the event of refusal to issue a "Kontrol
Belgesi"? If so, what bodies are competen t to decide the appeal and what are the
procedures? Please provide copy of the relevant regulations, if any.
Reply
Yes, applicants, whose applications are refused for one or another reason have the right of
appeal.
The Constitution of the Republic of Turkey, Article 125 (as amended on August 13, 1999).
Recourse to judicial review shall be available against all actions and acts of administration.
Under the Administrative Jurisdiction Procedure Law of 2577 (Official Gazette No. 17580 dated20 January 1982), there is a right of appeal accorded to the applicants in the event of refusal.
15. What information is required in a proper application for a "Kontrol Belgesi"? Please
submit a sample form.
Reply
A "Kontrol Belgesi" form, annexed to the Communiqué for Standardization in Foreign Trade
No: 2001/5, should be filled in by the importers (Annex-2).
16. What documents is an importer required to supply with the application? What
documents are required upon actual importation?
Reply
Besides the form of Kontrol Belgesi,  a pro forma invoice and a pesticide analysis report of
the product are required during the certification of Kontrol Belgesi for fresh fruits and vegetables.  Atthe stage of actual importation a phytosanitary certificate is required.
17. Do the same rules and procedures for SPS certification apply to domestically produced
bananas? Is there an identical  obligation on domestic producers to obtain a "Kontrol
Belgesi" and to undergo SPS control and certification ahead of placing the bananas onthe market? If so, what is the legal basis?
Reply
In accordance with Article 13 of the Regulation on the Production, Consumption and
Inspection of Foodstuffs published on 9 June 1998, the same provisions are applied to imported and
domestically produced foods, in relation to food safety. For instance, maximum pesticide limits in
bananas are the same for domestic and imported products. Domestically produced foods are analyzed
during their production process;  thus, domestic foods compliance with the regulation is certified byG/SPS/GEN/275
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laboratory reports taken during this process. Due to the fact that the production stages of products
produced abroad cannot be monitored, they are checked during the importation stage.
18. Are there quantity limitations on the issuan ce of "Kontrol Belgesi" for domestically
produced bananas? If so, is it the same that for imported bananas? If not, what is it and
why is it different? Please cite and provide copies of the relevant regulations.
Reply
As mentioned before, domestic products are analyzed during their production process, thus
"Kontrol Belgesi" is necessary only for all imported products.G/SPS/GEN/275
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ANNEX-1
COMMUNIQUÉ ON  STANDARDIZATION IN FOREIGN TRADE
Circular No: (2001/5)
25.12.2000/24271
 Article 1
In accordance with point (g) of Article 2 of "Decision on Standardization Regime and
Technical Arrangements in Foreign Trade" which is put into force with the Decision of Council of
Ministers 96/7794 of 8.1.1996, in imports of the substances laid down in the lists of this Circular, thecompliance of these substances with human health and safety, sanitary and phytosanitary is certified
with a Control Certificate. This certification is required by the concerned customs office during the
delivery of goods to concerned person, in line with the purposes foreseen by the Regime for
Accession to Free circulation, Regime of internal processing for re-export, processing Regime under
the Customs Control and Interim import Regime.
Article 2
To obtain a Control Certificate, application is made to the concerned Ministry or to the
Provincial Directorates with 3 copies of Control Certificate form (Annex VII), proforma invoice orinvoice and depending on the product variety, other documents required by the Ministry of
Agriculture and Rural Affairs.G/SPS/GEN/275
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ANNEX-2
T.C.
MINISTRY OF AGRICULTURE AND RURAL AFFAIRS
GENERAL DIRECTORATE OF PROTECTION AND CONTROL
Control Certificate
Customs Tariff Item Number :
Name of substance(*) :At which list, it lays down : Annex VI
Name, address, telephone number of importing firm :
Tax register number :
Name, address, telephone number of exporting firm :
Purpose of goods to be used :Quantity of goods :
Origin country of goods :
Country of dispatch :
Entry customs gate of goods :
Name, address, telephone number of firm which : will use the goods
According to specification of substance to be imported, put the following letters of A and/or
B and/or C in a round. (if commodity is in B group, underline the related section)
A-It is in compliance with the provisions of Decree 560 on the production, consumption and
inspection of foodstuffs.
B-It is in compliance with the specifications of  European Community, World Health Organization,
Codex Alimentarius.
C-It is in compliance with the provisions of Feed Law 1734 of 29.5.1973.
D-It is in compliance with the provisions of Animal Health Law 3285 and Animal Breeding Law 904.
E-It is in compliance with the provisions of Law 6968 on Plant Protection and Plant Quarantine.
F-It is in compliance with the provisions of Law 308 on the license, control and certification of seeds.
G-It is in compliance with the Law 1380 on fishery products.
(*) In case there is more than one substance under one name on the proforma  invoice, original names
will be defined separately
We certify that the information indicated in forms is true and complete and they will be
imported in comply with the provisions of Directive 2001/5 on the standardization in Foreign Trade.
Firm Title
     Authorized signature
In result of checking carried out in accordance with the concerned Directive, the substance
covered in the annexed invoice is found appropriate for import as regards human health and safety,
animal and plant existence and health.
This document is issued to present to the concerned customs office.
Signature and seal
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