WT/TPR/M/331/Add.1  
9 May 2016  
(16-2529)  Page: 1/247  
Trade Policy Review Body 
15 and 17 March 2016 Original: English/French/Spanish  
anglais/français/espagnol  
inglés/francés/español  
 
  TRADE POLICY REVIEW 
TURKEY 
MINUTES OF THE MEETING 
Addendum 
Chairperson: H.E. Mr. Atanas Atanassov Paparizov (Bulgaria) 
This document contains the advance written questions and additional questions by WTO 
Members, and replies provided by Turkey. 
 
 
Organe d'examen des politiques commerciales 
15 et 17 mars 2016 
EXAMEN DES POLITIQUES COMMERCIALES 
TURQUIE  
COMPTE RENDU DE LA RÉUNION 
Addendum 
Président: S.E. M. Atanas Atanassov Paparizov (Bulgarie) 
Le présent document contient les questions écrites communiquées à l'avance par les 
Membres de l'OMC, leurs questions additionnelles, et les réponses fournies par Turquie.  
 Órgano de Examen de las Políticas Comerciales 
15 y 17 de marzo de 2016 
EXAMEN DE LAS POLÍTICAS COMERCIALES 
T
URQUÍA  
ACTA DE LA REUNIÓN 
Addendum 
Presidente: Excmo. Sr. Atanas Atanassov Paparizov (Bulgaria) 
En el presente documento figuran las preguntas presentadas anticipadamente por escrito y 
las preguntas adicionales de los Miembros de la OMC, así como las respuestas facilitadas por Turquía. WT/TPR/M/331/Add.1 
 
- 2 - 
 
  QUESTIONS FROM MEMBERS AND ANSWERS PROVIDED BY TURKEY 
 
AUSTRALIA 
 
TRADE POLICY REVIEW – TURKEY 
Questions by Australia (March 2016)  
Questions on Report by Turkey (WT/TPR/G/331)  
2.1 Fiscal Policy (Page 3, paragraph 2.7)  Question 1  
 Australia notes the prioritisation of spending programs in education in the Turkish Government’s medium to long-term fiscal strategy. Could Turk ey please outline the opportunities for foreign 
firms wishing to set up education institutions or provide education services on a cross-border basis 
in Turkey?  
Turkey’s Answer :  Provision of education services is very much related to public service provision 
in Turkey, whereby private education institutions are required to provide education services on a 
non-profit basis.   
Concerning the provision of education services except for higher education, foreign natural or 
juridical persons, either directly or by forming partnerships with Turkish citizens, may establish “international educational institutions” including vocational and technical schools, only for foreign 
students and upon the approval of Council of Ministers.  
 With respect to supply of higher education services, “non-profit foundation higher education 
institutions” may be founded by the enactment of a specific Law, and can only be established by 
foundations constituted in accordance with Turkish Civil Code. Turkish nationality requirement exists for the administrative board and the presid ent of the non-profit foundation higher education 
institution. 
 
In addition, Turkish citizens are free to obtain diplomas from foreign universities through online education programs. The equivalence of such di plomas are approved by the Council of Higher 
Education; and, among other criteria, it is required that an equivalent Turkish online education 
program exists to obtain diploma equivalence for the foreign online education program.    
Question 2 
 
Does Turkey see a need to increase competition in education services through removing foreign 
investment restrictions in this sector? 
 
Turkey’s Answer :  Currently, there are no plans to alter the above-mentioned requirements for 
the supply of educational services by foreigners.  
 
3 TRADE POLICIES 3.1.1 Doha Development Agenda (Page 8, paragraph 3.10) 
 
Question 3 
 We note that Turkey says it will ratify the Agreement on Trade Facilitation very soon. 
Can Turkey outline when it is expected to ratify the Agreement on Trade Facilitation? 
 Turkey’s Answer:  The ratification process of the Agreem ent on Trade Facilitation has already 
been finalized through a Council of Ministers Decree published on 5
th March, 2016. The instrument 
of acceptance will be conveyed to the WTO this week.  
 
   
 WT/TPR/M/331/Add.1 
 
- 3 - 
 
  Questions on Report by Secretariat (WT/TPR/S/331)  
 SUMMARY Foreign Direct Investment ( Page 10, paragraph 5 and Page 40, para. 2.57) 
 
Question 4  
 
Australia notes that Turkey has a number of initiatives in place for encouraging FDI and that 
Turkey maintains a relatively open FDI regime in most sectors. However, as the Secretariat Report 
notes, Turkey continues to impose restrictions in the education, mining, broadcasting, aviation, 
maritime transport, port services, fishing, accountin g, financial, real-estate and electricity sectors. 
Could Turkey please explain if it plans to take any steps towards removing investment restrictions 
in these sectors?  
Turkey’s Answer: As overall assessment of the Turkish Foreign Investment Regime indicates, 
Turkey has a fairly open FDI regime based on equal treatment of domestic and foreign investors. However there are certain national legislations and regulations relevant to licensing processes and 
regulations in some sectors, as summarized in Secretariat Report (S331, page 195, Table A2.3). 
Some of these requirements and restrictions are applied both for foreign and domestic investors 
such as permission requirements of financial sector and electricity sector.    
Currently, there is no work carried out regarding further liberalization in these sectors. 
 State-owned Enterprises ( Page 11, paragraph 12 and Page 101, paragraph 3.3.4.2) 
 
Question 5 
 
Australia notes that state-owned enterprises continue to be involved in a number of sectors of the 
Turkish economy, including: mining, oil and gas, agriculture, manufacturing, transport and banking. Australia welcomes improvements in terms of transparency and accountability and notes the progress made in Turkey’s privatisation policy , especially in the electricity distribution and 
power generation industries. Could Turkey please provide an update and any further information 
on its privatisation program for other sectors?  
Turkey’s Answer: Please find below the re levant information.  
 Milli Piyango (National Lottery) In accordance with Privatization High Council (PHC) decision, 
the privatization of national lottery operation will only include the license that transfers the rights 
to plan and organize the games of chance and execute draws and install systems of games of 
chance and operation activities. Any asset and liability of National Lottery Administration will not be subject to privatization. The license will be gr anted to the bidder in the form of a profit sharing 
method and the duration of the license will be  10 years. The license includes passive drawing 
game, instant scratch card game, lotto and super lotto, numeric games and new games to be introduced. 
 
Regarding the privatization through licensing of National Lottery, Privatization Administration (PA) and General Directorate of the National Lottery Administration are still working on preparatory 
work in order to determine matters such as privat ization method and the method of payment to be 
applied for the tender.  The Port Sector The technical studies to privatize Izmir (operated by Turkish State Railways) and 
Tekirdağ (operated by TD İ-Turkish Maritime Inc.) Ports will be completed soon. The tender 
invitations for those ports will be made in 2016.  
General Directorate of Turkish Elec tromechanics Industry (TEMSAN) The Company is 
engaged primarily in the manufacturing of electromechanical parts used in the construction of hydropower dams. The entire shares (100%) of TEMSAN are fully owned by  Turkish Privatization 
Administration. The technical studies to privatize TEMSAN’s shares are continuing. 
 Turkey Petroleum Oil Distribution Co . (TPAO-Türkiye Petrolleri Petrol Da ğıtım A.Ş.) 
Turkish Petroleum Oil Distribution Company which is recently taken into privatization portfolio is WT/TPR/M/331/Add.1 
 
- 4 - 
 
  engaged in the oil and gas distribution. The technical studies are continuing together with 
consultants.  CH 3 TRADE POLICIES AND PRACTICES BY MEASURE  
3.1.2 Trade facilitation ( Page 48, Paragraph 3.18) 
 Question 6 
 We note that Turkey has notified its Category  A commitments under the WTO Agreement on Trade 
Facilitation and can implement all Articles fully exce pt for Article 7.9 relating to perishable goods. 
Does Turkey have a timeframe when it believes it will be able to implement Article 7.9? 
 
Turkey’s Answer: Turkey has notified all the commitmen ts of the WTO Trade Facilitation 
Agreement under Category A, with the exception of  its commitments relating to perishable goods 
for which Category B notification has been made. Al though there is not a specific timeframe for the 
implementation of the commitments under the Arti cle 7.9 on perishable goods, Turkey considers 
that commitment a priority issue and intends to issue a legislative regulation as soon as possible. 
In the meantime, Turkey will continue to grant priority to perishable goods at the customs.  
 3.1.9.7 WTO and Bilateral Agreemen ts (Page 75, paragraph 3.9.4) 
 
Question 7 
 
Can Turkey clarify its policy on providing mutual  recognition of conformity assessment bodies for 
Good Manufacturing Practice certification for manufacturers of human and veterinary medicines 
and medical products?   
Turkey’s Answer: The GMP certificate is a document required for obtaining the pharmaceutical 
product license. The objective of the relevant legislation on the issuance of the GMP certificates is to protect human health and safety through meeting effectiveness and safety criteria.  
Ministry of Health of Turkey has been conducti ng GMP inspections since 1995 in accordance with 
the GMP Guidelines for Pharmaceutical Products which comply with the relevant guidelines of the 
World Health Organization (WHO) and in line with that of the EU. 
Until March 2010, in the applications of pharmaceutical licenses, GMP certificates issued by other 
countries used to be accepted by the Ministry of Health of Turkey. However, as of March 2010, 
based on the fact that an automatic and unilateral recognition of the GMP certificates issued by other countries without required relevant documentation might pose serious health risks, the 
Ministry of Health decided to conduct mutual GMP inspections.  
GMP certification for veterinary medicinal products production in Turkey is carried out by Ministry 
of Food, Agriculture and Livestock (MFAL, Gene ral Directorate of Food and Control-GKGM). 
 
For all producers whether from Turkey or from ab road, GMP Certificates for veterinary medicines 
are issued by the GKGM. GMP Certificates issued by the participating authorities of the Pharmaceutical Inspection Convention and Pharmaceutical Inspection Co-operation Scheme are 
also accepted under mutual recognition. If th e GMP Certificates issued by the GKGM for the 
producers of veterinary medicinal products in Turk ey are accepted by the relevant authorities of 
other countries, GMP Certificates issued by those authorities are also recognized by Turkey under 
similar terms. 
 Question 8 
 
Australia notes that Turkey applied for membership of the Pharmaceutical Inspection Co-operation 
Scheme (PIC/S) on 3 May 2013, but has not yet been granted full membership. What is the status of that membership application? 
 
Turkey’s Answer: Application for membership of the Pharmaceutical Inspection Co-operation 
Scheme (PIC/S) was made on May 2013. After the assignment of the rapporteurs, the technical 
questions posed by the rapporteurs had been an swered and the assessment at dossier level was 
completed. An onsite inspection from the Secretariat of PIC/S is expected in May this year.  WT/TPR/M/331/Add.1 
 
- 5 - 
 
  Question 9  
 
Under article 7 of the PIC Convention, members of PIC/S are required to provide mutual recognition of inspections of manufacturers of medicines and medical products carried out by other 
members. What is Turkey’s policy on providing mutual recognition of inspections carried out by 
PIC/S members while its membership application is being assessed?  
Turkey’s Answer: Pharmaceutical Inspection Co-operation Scheme (PIC/S)' mission is "to lead 
the international development, implementation and maintenance of harmonized Good Manufacturing Practice (GMP) standards and quality systems of inspectorates in the field of medicinal products." PIC/S Members do not ask for any mutual recognition of GMP certificates 
among them automatically. On the other hand, mutual recognition can be a tool for accelerating 
inspection procedures. Mutual recognition with PI C/S members could be considered by Turkey in 
case of any proposal. 
 
3.1.10 SPS (Page 75, paragraph 3.94)  
Question 10 
 
Currently Turkey allows only carcases, half carcases, or half carcases cut into no more than 3 wholesale cuts, and quarters derived from animals younger than 30 months. A number of 
countries, including the EU, do not apply these conditions to countries with a negligible risk of 
bovine spongiform encephalopathy (BSE). Australia has a negligible BSE risk rating as recognised 
by the OIE.  
 
Does Turkey plan to harmonise SPS measures with EU, and other countries, and remove the 30 months requirement for beef imports from Australia? 
 
Turkey’s Answer: Import procedures on the importation of live animals and animal products in 
Turkey are carried out by the Ministry of Food, Agriculture and Livestock (MFAL), in accordance 
with the relevant national legislation as well as international standards set by the OIE of which 
Turkey is a member. This applies for Turkey’s import procedures related to BSE as well which are 
regulated in the relevant national legislation, in compliance with the OIE standards.  
Veterinary Health Certificate for fresh, chilled, frozen meat (carcass) of domestic bovine animals 
by MFAL defines health conditions for importation and accepted by Australia as well.   
Turkey’s “30 months requirement” for beef impo rts is applied because of BSE related concerns 
whereas the requirements that are asked in the importation of carcass are simply applied to 
facilitate customs procedures.  At present, no change is foreseen in the implementation by 
authorities.  
 
Please also note that Turkey has been harmonizing its national regulations which are already in line with the SPS Agreement with the EU Acquis. Although there exists no requirement for the full 
harmonization of Turkey’s SPS Measures with that of the EU, a very good level of harmonization 
has already been achieved. (Please see the Report by the Secretariat for the list of SPS related 
legislations aligned by MFAL) 
 
Turkey will continue its efforts for further alignment with that of the EU legislation. 
 3.3.6 Intellectual property rights (Page 112 – 116)  
Page 112, paragraph 3.203  
 Question 11 
 We would welcome further information from Turkey of the main features under each of the listed 
four goals of the National Intellectual and Industrial Property Strategy.  
 
Turkey’s  Answer: The full text of the National Intellectual and Industrial Property Strategy and 
Action Plan is available at www.tpe.gov.tr  as translated from Turkish to English.  
 
 WT/TPR/M/331/Add.1 
 
- 6 - 
 
  Page 112, paragraph 3.204  
 Question 12 
 
Could Turkey provide further information on the national policies for geographical indications. 
What does Turkey mean by “scientific geographical indicators?”  
Turkey’s Answer: The term “scientific geographical indicators”, which is considered to be a 
mistranslation, does not exist in Turkey’s practices or in any legislation.  The purpose of the National Geographical Indication Strategy Document and Action Plan is: 
“Establishing a geographical indication system adopted by the society for the effective protection 
of geographical indications at national and international level and contributes to national development process by developing added value obtained from geographical indication products .” 
 
There are five objectives determined in order to realize the purpose of the strategy; these 
objectives are: 
 
1- Making legislation and practices in parallel to national and international developments in line 
with the country’s requirements. 
2- Enhancing institutional capacity of relevant institutes so as to support geographical 
indications, promoting scientific studies in geographical indications, empowering inter-
institutional coordination. 
3- Increasing consciousness and awareness for geog raphical indications in all segments of the 
society. 
4- Establishing an effectively functioning control system commencing from the preparatory 
process of the application and involving scientific criteria. 
5- Increasing efficiency of marketing strategies to develop added values of products having 
geographical indications.  
 The full text of the Geographical Indications Stra tegy Document and Action Plan is available at 
www.tpe.gov.tr as translated from Turkish to English. 
 
Page 112, paragraph 3.205  
 
Question 13 
 
What are the main features of the Design Strategy Document and Action Plan, adopted by the 
High Planning Council in 2014 on genetic resources,  traditional knowledge and traditional cultural 
expressions?  
Turkey’s Answer: There are not any strategies or actions about genetic resources, traditional 
knowledge and traditional cultural expressions in  Design Strategy Document and Action Plan. 
However Turkey is at the preparatory stage for a road map on those issues as stated in Secretariat 
Report. 
 The full text of the Design Strategy and Action Plan is available at www.tp e.gov.tr as translated 
from Turkish to English. 
 CH 4 TRADE POLICIES BY SECTOR  
4.1 Agriculture 
 Question 14 
 Could Turkey please advise of the total amount that  it pays for domestic and or export subsidies to 
wheat and or wheat flour? 
 
Turkey’s Answer: Turkey has the right to provide export subsidy both for wheat and wheat flour, 
in accordance with its export subsidy commitments under the WTO Agreement on Agriculture.  At present, no export subsidy is being provided neither for the wheat nor for the wheat flour. As it is WT/TPR/M/331/Add.1 
 
- 7 - 
 
  stated in the Secretariat Report, there is a domestic support for wheat. The total amount of the 
support can be declared after the related data are collected.   
 Question 15 
 Could Turkey please advise of how these subsidies are in accordance with their WTO obligations?  
Turkey’s Answer:  .  At present, no export subsidy is being provided neither for the wheat nor for 
the wheat flour. As it is stated in the Secretariat Report, there is a domestic support for wheat. The total amount of the support can be declared after the related data are collected.   
 
Question 16 
 
Could Turkey please provide details on how it manages any surplus production of wheat and/or 
wheat flour which cannot be absorbed by the domestic market? 
 Turkey’s Answer: As it is the case in every country, excess wheat and wheat flour that have not 
been domestically consumed can be exported. Wheat in particular is imported as well as exported. 
Import and export values of wheat and wheat flour for the last three years are:  2013 wheat export 79.3 Million US D, import 1.3 Billion USD 
2014 wheat export 35.4 Million USD, import 1.54 Billion USD 
2015 wheat export 32.5 Million US D, import 1.1 Billion USD 
 
2013 wheat flour export 947 Million USD, import 146 Thousand USD 
2014 wheat flour export 931 Million USD, import 1.6 Million USD 2015 wheat flour export 979 Million USD, import 1.4 Million USD 
 
*Source: TURKSTAT HS4 Codes 1001 and 1101.  Question 17 
 Could Turkey please advise when it intends to comply with its WTO notification obligations in respect of its agricultural sector support programs? 
 
Turkey’s Answer:  Turkey will comply with its export subsidy notification requirements by the 
next meeting of the Committee on Agriculture, which will be held on 7-8 June, 2016. 
 
Turkey also has started a work program to notify its agricultural domestic support programs gradually. In due course, we are looking for understanding of all members to complete this work as soon as possible. 
 
4.1.5 Strategy and policy (Page 129, paragraph 4.20)  
Question 18 
 
Table 4.9 lists ensuring food security and access to quality agricultural products by protecting 
agricultural production resources as a key goal of Turkey’s 2013-17 Strategic Plan. Australia would 
appreciate further information on why Turkey appears to limit food security to domestically produced food, and does not include imported food as a means to improve food security and accessibility for agricultural products, particularly from high quality producers that pose low 
sanitary and phytosanitary risk. 
 Turkey’s Answer: Although Turkey’s 2013-17 Strategic Plan mentions ensuring food security and 
access to quality agricultural products through agricultural production as a key policy goal, it would 
be a misinterpretation to argue that Turkey would only depend on domestically produced foods in terms of ensuring her food security.  While self-sufficiency is considered important, Turkey does 
not rule out imports which can also be an alternative source of food supply.  On the contrary, as a 
net food exporter, Turkey has always argued the important role that open and strengthened food 
markets can play in terms of enhancing food security objectives.  WT/TPR/M/331/Add.1 
 
- 8 - 
 
  All in all, it should be noted that food security with its multi-dimensional nature can only be 
achieved through an appropriate policy mix, which inherently goes beyond policy areas related to 
domestic food production and food imports.  
TABLE A2.3 FOREIGN DIRECT INVESTMENT RESTRICTIONS 2015) 
 Mining Law No. 3213 (page 197):  
 
Question 19 
 Is the restriction likely to cause any legal impediments for Australian Mining Equipment, 
Technology and Services (METS) firms looking to expand in Turkey?  
 Turkey’s Answer: The only restrictions in the Mining Sector are exploration and exploitation of 
boron and selling of radioactive minerals (uranium and thorium) for mining industry in Turkey. 
These restrictions are applied for both domestic and foreign mining companies. Except these fields, the restrictions do not cause any legal impediments for Australian METS companies.  
 
Question 20 
 Aside from any legal impediment, is this likely to result in practical impediments such as the 
language and cultural obstacles that METS firms similar to the obstacle that METS firms face in 
accessing supply chains in Latin America?   
Turkey’s Answer: Well-trained human resources are available in the mining sector with English 
language capabilities. Currently, many foreign capital mining companies including Australian companies are operating in Turkey without any language and cultural obstacles. WT/TPR/M/331/Add.1 
 
- 9 - 
 
  MEXICO 
Preguntas de México  para el sexto examen de las Políticas Comerciales de Turquía a llevarse a 
cabo del martes 15 de marzo al jueves 17 de marzo de 2016.  
 
Informe de la República de Turquía (WT/TPR/G/331) 
 Pregunta 1. WT/TPR/G/331 • Turquía; Informe de la República de Turquía; 3 POLÍTICA 
COMERCIAL; 3.1 Política comercial multilateral: 
 Página 8, párrafo 3.4. Turquía considera que la OMC ha sabido salvaguardar y hacer cumplir las 
normas comerciales multilaterales que han sostenido el orden económico internacional durante 
casi 70 años. Las normas comerciales multilaterales han dado una estabilidad y previsibilidad muy necesarias a las relaciones comerciales internacionales. Hoy en día, el entorno del comercio mundial evoluciona muy rápidamente, lo que hace aún más necesario poder contar con un sistema 
multilateral de comercio eficaz. La resistencia al proteccionismo y el apoyo a un sistema 
multilateral de comercio sólido siguen siendo una prioridad para Turquía.   
México pregunta 1: ¿Cómo apoya Turquía un sistema de comercio multilateral fuerte? 
 
Turkey’s Answer: As a founding member of the WTO, Turkey has been a staunch supporter of an 
open, fair and non-distortive multilateral trading system. In agricultural products, Turkey has 
bound 100% of its tariff lines. Besides, Turkey has actively participated in the Non-Agricultural 
Market Access Negotiations within the context of Doha Development Agenda and is still committed and will bind its remaining tariff lines according to the agreed final outcome.  
 
From the beginning of the Doha Development Ro und, Turkey has been deeply involved in the 
negotiations. Turkey always believed any outcome should be balanced and development oriented 
not disregarding the principles of Special and Di fferential Treatment and Less Than Full Reciprocity 
for developing countries.  
Turkey has acted within the spirit of the Bali Decisions and will be following the same path with 
regards to the Nairobi Package.    During the course of its G20 Term Presidency , Turkey attached great importance to the 
strengthening of the multilateral system within its trade agenda.  
 Pregunta 2. WT/TPR/G/331 • Turquía; Informe de la República de Turquía; 3 POLÍTICA 
COMERCIAL; 3.3 Relaciones Turquía-EU; 3.3.1 Acuerdos de libre comercio y 
preferenciales:  
Página 11, párrafo 3.31. La Unión Aduanera entre Turquía y la UE constituye el fundamento 
jurídico de los acuerdos de libre comercio (ALC) y los regímenes preferenciales autónomos de Turquía. En virtud de la Unión Aduanera, Turquía armonizará su política comercial con la política comercial común de la UE. El régimen de comercio preferencial, junto con el arancel aduanero 
común, constituye la parte más importante de la política comercial de Turquía aplicada a terceros 
países.  
México pregunta 2: ¿Qué porcentaje de las líneas arancelarias de Turquía se encuentra alineado 
con las de la Unión Europea en el marco de esta Unión Aduanera?  
 
Turkey’s Answer: With the entry of the Customs Union, Tu rkey eliminated all customs duties and 
charges having equivalent effect on imports of industrial products from the EU and started to apply the Community's Common Customs Tariff (CCT) fo r imports from the third countries with the 
exception of a limited number of sensitive products such as automobiles, footwear, leather 
products and furniture, for which Turkey retain ed customs duties higher than the CCT between 
1996 to 2000. However, in 2001 the transition period ended and alignment with the CCT for all of the industrial products was accomplished. 
 
Customs Union with the EU requires Turkey to apply same tariff rates towards third countries. Normally, similar treatment is expected to be in place for EU’s FTA partners too. However, delays WT/TPR/M/331/Add.1 
 
- 10 - 
 
  in starting up and/or continuing negotiations with  EU’s FTA partners, lead certain deviations such 
as experienced with Algeria, Mexico and South Africa  For the agricultural products that are not covere d by the Customs Union, Turkey determines its 
own tariffs for the imports coming from the EU and the third countries.  
 For processed agricultural products (PAPs), Turkey has established a similar mechanism parallel to 
the EU practice, which means Turkey charges two se parate duties in imports of PAPs. As a result, 
since the industrial products are within the covera ge of the Customs Union, the ad-valorem part of 
the duty representing the industrial processing  has been abolished between the Parties. Yet, 
Turkey maintains its customs duties for the agricultural raw material component in imports from 
the EU and the third countries.  
 Pregunta 3. WT/TPR/G/331 • Turquía; Informe de la República de Turquía; 3 POLÍTICA 
COMERCIAL; 3.3 Relaciones Turquía-EU; 3.3.1 Acuerdos de libre comercio y 
preferenciales; 3.3.1.2 Actualización de  acuerdos de libre comercio vigentes: 
 
Página 13, párrafo 3.50. En este proceso, las Partes se proponen revisar los capítulos vigentes del 
ALC que tratan del comercio de mercancías y ámbitos afines (como obstáculos técnicos al comercio, medidas sanitarias y fitosanitarias, medidas comerciales correctivas), los derechos de propiedad intelectual, la competencia y disposiciones horizontales y jurídicas, así como ampliar el 
alcance del ALC mediante la inclusión de nuevos capítulos sobre servicios, facilitación del comercio 
y comercio y desarrollo sostenible.   
México pregunta 3: ¿Turquía incluirá los capítulos de comercio de servicios; facilitación del 
comercio, y comercio y desarrollo sostenible en los nuevos Tratados que está negociando? 
 
Turkey’s Answer:  In recent years, Turkey started negotiating FTAs covering a wide range of 
areas like intellectual property rights, trade facilitation, trade in services, investment, trade and sustainable development, environment, and public procurement.   
In this context, the Korea-Turkey FTA, which entered into force in 2013 and initially contained 
Chapters on Intellectual Property Rights, Tr ade Facilitation and Trade and Sustainable 
Development, now has a larger scope with the signing of “Trade in Services Agreement” and 
“Investment Agreement” in February 2015. 
 FTA with Singapore, which was signed in Dece mber 2015, in addition Chapters on Trade 
Facilitation, Intellectual Property Rights, Services, and investment, includes a comprehensive 
Public Procurement Chapter for the first time.  Turkey is following and will continue to follow this trend in its FTAs. In fact, Turkey’s ongoing FTA 
negotiations with a number of countries like Peru, Japan, Mexico or Ukraine covers areas of trade 
facilitation, intellectual property rights, trade in services and investment. Turkey has also initiatives to extend the scope of its FTAs, which are already in force, to the area of services. 
 
Pregunta 4. WT/TPR/G/331 • Turquía; Informe de la República de Turquía; 3 POLÍTICA 
COMERCIAL; 3.4 Turquía en otros fo ros multilaterales; 3.4.2 MIKTA: 
 
Página 14, párrafo 3.62. Para Turquía, desde que se creó como plataforma de consulta intrarregional en 2013, MIKTA ha sido un instrumento valioso para ayudar a las partes a conocerse mejor, fortalecer los lazos bilaterales y encontrar puntos de convergencia que permitan intensificar 
la cooperación entre los países integrantes. Los países MIKTA son ya todos socios comerciales y 
económicos importantes de Turquía, a pesar de la distancia geográfica que a menudo impide lograr mayores flujos de comercio e inversión entre ellos.  
 
México pregunta 4: ¿Cuando Turquía se refiere a cooperación adicional estaría en posibilidades de 
implementar esfuerzos de cooperación regulatoria? 
 
Turkey’s Answer : Turkey is ready to discuss and evaluate all means of cooperation. 
  
 WT/TPR/M/331/Add.1 
 
- 11 - 
 
  Informe de la Secretaría de la OMC (WT/TPR/S/331) 
 
Pregunta 5. WT/TPR/S/331 • Turquía; In forme de la Secretaría; 1 ENTORNO 
ECONÓMICO; 1.2 Balanza de pagos: 
 
Página 18, párrafo 1.10. Aunque el déficit por cuenta corriente empeoró en 2013 debido al nivel excepcionalmente elevado de importaciones de oro, dicho déficit (excluido el oro) siguió 
recuperándose gradualmente. En 2014 disminuyó cerca del 30% -de 65.000 millones de dólares 
EE.UU. en 2013 a 46.500 millones-, como consecuencia  principalmente de los siguientes factores: 
el descenso de los precios del petróleo, que hizo que se redujera el costo de las importaciones de energía; la depreciación de la lira, que hizo que aumentaran las exportaciones turcas; y la 
aplicación de medidas macroprudenciales para frenar el crecimiento excesivo del crédito. En 2014-
2015, el 90% del déficit por cuenta corriente se financió mediante instrumentos a largo plazo e inversión extranjera directa (IED). En los nueve primeros meses de 2015 ese déficit siguió 
disminuyendo, debido principalmente a un au mento de las exportaciones de oro y a una 
recuperación en el balance energético, factores ambos que contribuyeron a la mejora de la balanza del comercio exterior
1.  
 
México pregunta 5: Cuando Turquía menciona “principalmente al descenso de los precios del 
petróleo”, ¿se refiere al macro-proceso como un fenómeno global de descenso de precios de un período específico, o a una situación particular del petróleo producido en Turquía? ¿En caso de 
referirse a un fenómeno, podría especificar el período y países productores de petróleo afectados 
por la baja de precios?  
Turkey’s Answer : Oil prices have been decreasing since the beginning of the second half of 2014 
because of excess supply of oil. Decrease in oil prices affected global economy. As an oil importer country, Turkey has benefited from this decrease. The effect of this decrease on Turkey’s current 
account deficit started to be noticeable in the last quarter of 2014 and continued during 2015. 
Current account deficit decreased by 1.2 billion do llars in Q4 of 2014. In addition to this, in 2015 
low oil prices provided 15.4 billion dollars lower current account deficit.  
Pregunta 6. WT/TPR/S/331• Turquía; Informe de la Secretaría; 1 ENTORNO 
ECONÓMICO; 1.4 Política monetaria y cambiaria:   
Página 21, párrafo 1.19. A fin de contener lo s riesgos macrofinancieros derivados de los 
desequilibrios mundiales, en 2010 el Banco Central de la República de Turquía cambió su política monetaria convencional basada en un marco para la fijación de objetivos de inflación, que 
desde 2001 había sido eficaz para reducir la inflación anual de los precios de consumo, por un 
enfoque con objetivos múltiples con arreglo al cual se emplean diversos instrumentos de política para vigilar la política monetaria y lograr la estabilidad financiera y de los precios. Entre esos instrumentos figuran los tipos del mercado monetario a corto plazo, los coeficientes de reservas 
obligatorias, el mecanismo de opción sobre la s reservas y la banda de tipos de interés.
2 
 
México pregunta 6: ¿Cuáles son los objetivos múltiples perseguidos por el Banco Central de 
Turquía que sustituyeron la  fijación de objetivos de inflación a partir de 2010?  Turkey’s Answer : Increased volatility in risk appetite and short-term capital flows following the 
global crisis accompanied by the growing awareness regarding financial stability led the Central 
Bank of Republic of Turkey to gradually introduce a new monetary policy framework as of late 2010 through modifying the inflation targeting regi me that has been implemented since 2006. The 
                                               
1 CBRT (2015), Balance of Payments Report 2015-I.  
2 La banda de tipos de interés, que se determina en función de los tipos deudores y acreedores a un día, 
da flexibilidad al Banco Central de la República de Turquía para variar diaria mente el costo de la financiación al 
sector bancario y poder responder así rápidamente a las en tradas de capital. El mecanismo de opción sobre las 
reservas, establecido en 2011, permite a los bancos constituir con divisas (hasta un 60%) u oro (hasta un 30%) sus reservas obligatorias en liras. Mediante ese mecanismo, los bancos incrementaron sus reservas de 
liquidez en divisas y acumularon alrededor de 50.000 millones de dólares EE.UU. No obstante, al no estar las reservas así acumuladas bajo el control total del Banco Central, este tuvo que celebrar subastas de divisas para contener las presiones de depreciación, ya qu e durante las turbulencias  del mercado financiero 
registradas en mayo de 2013, en un contexto de costos crecientes de la financiación interna, los bancos no 
liberaron una gran cantidad de las divisas acumuladas en el marco del mecanismo. OCDE (2014), Turkey Economic Surveys. WT/TPR/M/331/Add.1 
 
- 12 - 
 
  newly-constructed regime preserves the main objective of price stability, while risks to financial 
stability are also taken into consideration in the conduct of monetary policy. The previous framework has been considerably modified in terms of objectives and instruments compared to a standard inflation targeting regime.  
 
Pregunta 7. WT/TPR/S/331  • Turquía; Informe de la Secretaría; 2 RÉGIMEN DE 
COMERCIO E INVERSIÓN; 2.2 Objeti vos de la política comercial:  
 
Página 31, párrafo 2.12. El Plan de Acción de la GITES 2013-2015 establece 37 objetivos y 91 medidas concretas.
3 Algunos de los objetivos son: reducir la dependencia de las importaciones 
mediante la promoción de las inversiones en bienes intermedios de alta tecnología, fomentar el 
uso de insumos nacionales, desarrollar enfoques estratégicos en la contratación pública, facilitar 
un mayor acceso a las cadenas de valor mundiales para los bienes intermedios y desarrollar una industria de reciclaje. 
 
México pregunta 7: En términos generales, ¿podría Turquía señalar cuáles son los medios que el 
Plan de Acción de la GITES 2013-2015 prevé para fomentar el uso de insumos nacionales, facilitar 
un mayor acceso a las cadenas de valor mundiales para los bienes intermedios y desarrollar una 
industria de reciclaje? ¿Podría Turquía también mencionar cuáles han sido los resultados alcanzados hasta el momento con dicho Plan de Acción?  
Turkey’s Answer: Input Supply Strategy led to structural improvements in legal and 
administrative infrastructure. In this framework, investment incentive scheme has been revised to attract both foreign and domestic investments for intermediates with high import dependency. A 
project has been developed to contact potential foreign investors for specific products. Also, 
disadvantages of input supply from domestic sources against importing have been addressed, which has led to improvement in tax procedures.  
 
On the other hand, it is important to underline that the action plan aims sustainable input supply with non-distorted and competitive prices from diversified sources, which is to facilitate access to inputs not only by producing them domestically but also from abroad.  
 
In order to bring forth awareness to economic value of recycled materials, G İTES suggested a 
National Recycling Strategy which will emphas ize not only environmental aspects but also 
economic aspects of recycling. In 2015, National Recycling Strategy was put into action and has 
been carried out by The Ministry of Environmen t and Urbanization. With the help of National 
Recycling Strategy, input supply from domestic recycled sources will increase gradually. 
 
Pregunta 8. WT/TPR/S/331• Turquía; Informe de la Secretaría; 2 RÉGIMEN DE COMERCIO E INVERSIÓN; 2.3 Acuerdos y arreglos comerciales; 2.3.2 Acuerdos regionales y preferenciales; 2.3. 2.1 Unión Aduanera con la UE: 
 
Página 35, párrafo 2.26. Desde 1999, cuando Turquí a pasó a ser candidata a la adhesión a la UE, 
se han tomado medidas de integración adicionales. Como país candidato, Turquía llevó a cabo 
reformas y el Consejo Europeo de 2004 confirmó que Turquía cumplía los requisitos previos 
necesarios para iniciar las negociaciones de adhesión. Por consiguiente, la Conferencia Intergubernamental Turquía-UE celebró su primera reunión en octubre de 2005, iniciando así el 
proceso de adhesión de manera oficial. En el marco de la negociación, el proceso de adhesión de 
Turquía a la UE consta de 35 capítulos; en diciembre de 2015 había 14 capítulos abiertos y 1 capítulo cerrado temporalmente; otros 14 capítulos estaban bloqueados por otras razones.  
México pregunta 8: ¿Podría mencionar los nombre s los capítulos abiertos, cerrados y bloqueados 
de su proceso de adhesión a la Unión Europea?  
 
Turkey’s Answer:  Opened Chapters (15 chapters) are as follows: Science and research 
(provisionally closed), Enterprise and industrial policy, Statistics, Financial control, Trans-European networks, Consumer and health protection, Company law, Intellectual property law, Information 
society and media, Free movement of capital, Taxation, Environment, Food safety, veterinary and 
                                               
3 Consejo Superior de Planificación, Nº 2012/32, 21 de diciembre de 2012. Consultado en: 
http://www.resmigazete. gov.tr/eskiler/2012/12/20121225-28-1.pdf . WT/TPR/M/331/Add.1 
 
- 13 - 
 
  phytosanitary policy, Regional policy and coordina tion of structural instruments, Economic and 
monetary policy.   Chapters (6 Chapters) unilaterally blocked by ce rtain member states: Free movement of workers, 
Energy, Judiciary and fundamental rights, Justice,  Freedom and security, Education and culture, 
Foreign, security and defence policy.   
Chapters suspended by the General Affairs and External Relations Council Decision of 11 
December 2006 (8 chapters) are as follows: Free movement of goods, Right of establishment and 
freedom to provide services, Financial services, Agriculture and rural development, Fisheries, Transport policy,  Customs union, External relation s, Chapters not opened yet (6 chapters) are as 
follows: Public procurement, Competition policy , Social policy and employment, Financial and 
budgetary provisions, Institutions (At the end of negotiations), Other issues (At the end of negotiations) 
 
Pregunta 9. WT/TPR/S/331 • Turquía; Informe de la Secretaría; 2 RÉGIMEN DE COMERCIO E INVERSIÓN; 2.3 Acuerdos y arre glos comerciales; 2.3.3 Otros acuerdos y 
arreglos; 2.3.3.2 Organización  de Cooperación Económica: 
 Páginas 40 y 41, párrafo 2.38. Como uno de los miembros fundadores de la OCE en 1985, Turquía ha venido colaborando con los otros nueve miembros
4 en la promoción de la cooperación 
económica, técnica y cultural. Uno de los objetivos de la OCE es eliminar progresivamente los 
obstáculos al comercio y promover el comercio intrarregional, en particular mediante la eliminación de los obstáculos arancelarios y no arancelarios y el desarrollo de un marco reglamentario 
favorable a las inversiones. La cooperación en la esfera del comercio y las inversiones en el marco 
de la OCE ha propiciado el Acuerdo Comercial de la OCE (ECOTA), el Banco de Comercio y Desarrollo de la OCE (ECOTDB), la Empresa de Reas eguros de la OCE, el Acuerdo de la OCE para 
la Promoción y Protección de las Inversiones (APPI) y la Cámara de Comercio e Industria de la 
OCE (ECO-CCI); también existe cooperación en cuestiones aduaneras. Como se indica en la Visión 2015 de la OCE, "los Estados miembros están decididos a avanzar hacia el establecimiento de una zona de libre comercio en la región de la OCE como una tarea prioritaria", pero, lamentablemente, 
este objetivo no se ha alcanzado todavía
5. 
 México pregunta 9: ¿En qué medida el grado de integración con la UE a través de la Unión 
Aduanera ha afectado la compleción del objetivo de crear una zona de libre comercio entre los 
miembros del OCE?  
Turkey’s Answer: Article 16 of the Customs Union Decision requires Turkey to align with EU’s 
preferential customs regime including EU’s prefer ential agreements with third countries. On the 
other hand, the Decision has also a perspective that takes into account of possible outcomes that may arise from Turkey’s membership to certain organizations, in particular to the Economic 
Cooperation Organization. In this respect, Turkey ’s Statement on Article 16 reads that “Turkey 
may seek consultation within the Association Council regarding the obligations that may arise for it as the result of its membership of the Economic Cooperation Organization”. 
 
Accordingly, with respect to its initiatives taken under Economic Cooperation Organization, Turkey takes its commitments stemming from the Customs Union into account and where necessary, 
holds consultations with the EU. 
 Pregunta 10. WT/TPR/S/331 • Turquía; Informe de la Secretaría; 3 POLÍTICAS Y PRÁCTICAS COMERCIALES, POR MEDIDAS; 3.1 Medidas que afectan directamente a las 
importaciones; 3.1.1 Procedim ientos y requisitos aduaneros: 
 Página 52, párrafo 3.9. Se llevan a cabo análisis del riesgo de plagas sobre la base de los 
procedimientos de la OMC y otras organizaciones conexas. Para la evaluación se utilizan el 
programa sobre análisis del riesgo de plagas y otros documentos de la Organización Europea y Mediterránea de Protección de las Plantas (OEPP), y se tienen en cuenta las normas de la 
Convención Internacional de Protección Fitosanitaria (CIPF). Cuando un vegetal y/o un producto 
                                               
4 Afganistán, Azerbaiyán, Irán, Kazajstán, Pakistán , República Kirguisa, Tayikistán, Turkmenistán y 
Uzbekistán.  
5 ECO Statistical Report 2014, "ECO Trade", Economic Cooperation Organization, abril de 2014. 
Consultado en: http://www.ecosecretariat.org/in2.htm.  WT/TPR/M/331/Add.1 
 
- 14 - 
 
  vegetal se importa por primera vez desde cualquier país, se somete al procedimiento de análisis 
del riesgo de plagas. Una vez realizada esa evaluación, se determinan los requisitos de importación para ese producto. De conformidad co n el artículo 13 del Reglamento de Cuarentena 
Vegetal, cuando los vegetales, productos vegetales u otras sustancias destinados a la importación 
están contaminados por organismos perjudiciales que no figuran en las listas de los anexos 1 y 2, 
o por organismos de cuya presencia en Turquía no se tiene constancia, la importación de esos productos no está permitida y se lleva a cabo un análisis del riesgo. Se toman medidas de 
cuarentena hasta que concluya el análisis del riesgo perjudicial, y si se constata que las 
mercancías representan un riesgo, no se permite la importación de esos productos.  México pregunta 10: ¿En caso de vegetales, productos vegetales u otras sustancias destinadas a la 
importación contaminados por organismos perjudiciales que no figuren en las listas de los anexos 1 y 2, o por organismos de cuya presencia en Turquía no se tenga constancia, cuánto tiempo tarda Turquía, en promedio, en realizar su análisis de riesgo perjudicial? 
 
Turkey’s Answer:  On average, completing risk analysis takes 7-15 days at customs.  
 
Pest risk analyses are completed within 2 years for the product that is imported for the first time.  
 Pest risk analysis could be finalized between 15 to 20 days in case of imports of plants, plant products and other substances that are contaminated by harmful organisms which are not included 
in the list. There is no time limitation at ISPMs determined by IPPC related to PRA. 
 In carrying out risk analysis, researchers do also  literature search. In cases where literature is 
limited, researchers may ask national researchers for their opinion as well.  
 Since new contamination with a harmful organism not listed in Quarantine Regulation is considered 
as quarantine organism to Turkey, these studies are carried out in-depth and further information 
could be required.   In such cases, periods mentioned above may be longer. 
 
Pregunta 11. WT/TPR/S/331 • Turquía; Informe de la Secretaría; 3 POLÍTICAS Y PRÁCTICAS COMERCIALES, POR MEDIDAS; 3.1 Medidas que afectan directamente a las 
importaciones; 3.1.2 Facilitación del comercio: 
 Página 53, párrafo 3.18. En julio de 2014, Turquía notificó a la OMC sus compromisos de la 
categoría A en virtud del Acuerdo sobre Facilitación del Comercio. Ha designado en la categoría A 
todas las disposiciones de la Sección I del Acuerdo, que se aplicarán en su totalidad cuando entre en vigor el Acuerdo, salvo el párrafo 9 del artículo 7 relativo a las mercancías perecederas.
6 
 
México pregunta 11: ¿Cuáles son las dificultades que enfrenta actualmente Turquía para aplicar el 
párrafo 9 del artículo 7 del Acuerdo sobre Facilitación del Comercio relativo a las mercancías 
perecederas? 
 
Turkey’s Answer: In line with the Article 7.9 of the Agreement on Trade Facilitation, we are 
prioritizing the customs procedure of perishable goods such as foods, medical apparatus and blood 
products in Turkey. We are just planning to ma ke some improvements in existing legislation 
infrastructure and customs procedures to expedite the release of perishable goods.  
Pregunta 12. WT/TPR/S/331 • Turquía; Informe de la Secretaría; 3 POLÍTICAS Y 
PRÁCTICAS COMERCIALES, POR MEDIDAS; 3.1 Medidas que afectan directamente a las 
importaciones; 3.1.9 Normas y otras prescr ipciones técnicas; 3.1.9.1 Evolución:  
 
Página 78, párrafo 3.68. Durante el período examinado, Turquía ha seguido centrándose en 
armonizar su legislación técnica con la de la UE, un proceso en curso desde hace más de un decenio en el marco de la Decisión No 1/95 del Consejo de Asociación UE-Turquía, por la que se 
estableció la Unión Aduanera. Este compromiso exige que se eliminen los obstáculos técnicos al 
comercio derivados del hecho de que las prácticas reglamentarias aplicadas a las mercancías son distintas. La armonización es un proceso, y está previsto que continúe mientras se prepara nueva 
                                               
6 Documento WT/PCTF/N/TUR/1 de la OMC, de 16 de julio de 2014. WT/TPR/M/331/Add.1 
 
- 15 - 
 
  legislación de la UE. Antes de este esfuerzo de armonización, Turquía aplicaba reglamentos 
técnicos nacionales basados principalmente en normas internacionales.  México pregunta 12: ¿En qué organismos internacionales basaba Turquía sus reglamentos 
nacionales antes de entrar en la Unión Aduanera con la Unión Europea, y basarlos en los reglamentos de la última?  
Turkey’s Answer: Before the establishment of the Customs Union with EU, Turkey was 
implementing national technical regulations mostly based on international standards such as ISO Standards.   
Pregunta 13 WT/TPR/S/331 • Turquía; Info rme de la Secretaría; 3 POLÍTICAS Y 
PRÁCTICAS COMERCIALES, POR MEDIDAS; 3.1 Medidas que afectan directamente a las 
importaciones; 3.1.9 Normas y otras pres cripciones técnicas; 3.1.9.1 Evolución: 
 
Página 79, párrafo 3.69. El instrumento más import ante de Turquía en materia de reglamentación 
técnica es la Ley sobre la elaboración y aplicación de la legislación técnica sobre productos. No 
obstante, el Decreto Ministerial sobre reglamentación técnica y normalización para el comercio 
exterior, modificado en 2013
7, es el principal instrumento legislativo sobre reglamentación técnica 
y seguridad de los productos aplicable a los productos objeto de comercio exterior. Las modificaciones introducidas no eran significativas y tenían por finalidad lograr una mayor 
integración de los reglamentos sobre seguridad de  los productos y ofrecer más transparencia.  
 México pregunta 13: Específicamente, ¿a qué se refiere con que Turquía pretendía “ofrecer más 
transparencia”?  Turkey’s Answer: “Ministerial Decree on the Regime Regarding Technical Regulations” (no: 
2013/4284) which repealed the “Ministerial Decree on the Regime Regarding Technical Regulations 
and Standardization for Foreign Trade” entered into force in 2013 to further integrate regulations on product safety and provide greater transparency . “To provide more transparency” indicates that 
the text of the former Decree was reformulated in order to clarify the meaning and avoid doubt. 
 
Pregunta 14. WT/TPR/S/331 • Turquía; Informe de la Secretaría; 3 POLÍTICAS Y PRÁCTICAS COMERCIALES, POR MEDIDAS; 3.3 Me didas que afectan a la producción de y 
al comercio; 3.3.1 Marco empresarial; 3. 3.1.1 Código de Comercio; Cuadro 3.23 
Panorama general de las principales modificaci ones introducidas por el nuevo Código de 
Comercio y por la nueva legislación en ma teria de empresas y sociedades de Turquía. 
 
México pregunta 14: ¿Podría Turquía explicar en qué consiste su nuevo sistema de capital social 
registrado? ¿de qué manera sus normas relativas a los nombres comerciales aumentan la transparencia y fiabilidad? Y ¿qué sociedades están sujetas a las auditorías legales? 
 
Turkey’s Answer: According to Turkish Commercial Code, in capital stock system, the decision of 
general assembly is required to increase the capital of the company. However, in companies 
having adopted registered capital system, an upper limit is determined by the general assembly of 
the company and board of directors is authorized to  increase the capital up to this amount freely. 
In this way, companies may perform capital increase without dealing with long and onerous 
procedures. This authorization is given to board of directors by general assembly for at most 5 
years. With the new Turkish Commercial Code non-public joint-stock companies can also participate in registered capital system. Both the entering and leaving from the registered capital 
system of non-public joint stock companies are subjected to permission of Ministry of Customs and 
Trade. The principles and procedures are regu lated in The Communique on Registered Capital 
System in Non-Public Joint Stock Companies which was published in the Official Gazette dated 19th October 2012 and numbered 28446. The initial capital of non-public joint stock companies 
having adopted registered capital system shall not be under one hundred thousand Turkish Liras 
and the upper limit of registered capital shall not exceed five times of the initial capital of the company at the participation to the system. This upper limit may be raised up to 5 times of the 
issued capital of the company in the next periods.  On the other hand, the principles of registered 
capital system in public companies are laid down in Capital Market Legislation.  
                                               
7 Decreto No 2013/4284.  WT/TPR/M/331/Add.1 
 
- 16 - 
 
  Turkish Commercial Code regulates explicitly how the business name should be determined for 
each of the company types. According to Article 39 of the Code, the registered business name shall 
be posted legibly at an easily visible spot of the commercial enterprise and the documents for the 
records made to commercial letters and trade books that the trader prepares in relation to his 
enterprise shall include the trader’s business name. On the other hand, with the new Turkish 
Commercial Code, the business name of sole traders is gotten also under protection within country-wide. Before that, these business names were under protection within only in their 
registered area.  
 
Regarding statutory audit, the latest Cabinet Decree adopted in 2015 set the criteria for 
determining the entities that will be subject to audit as: 
• Balance sheet total ≥ 50 million TL, 
• Annual net turnover ≥ 100 million TL, 
• Employee headcount ≥ 200. 
 
In addition, regardless of these criteria, companies such as: 
• Listed companies and other capital market institutions, 
• Financial institutions and their associates, joint ventures and subsidiaries, 
• Insurance firms and their associates, joint ventures and subsidiaries, 
• Companies that broadcast nationwide and provide media service, 
• Intermediary companies of precious metals which are allowed to operate as a member of 
the Istanbul Gold Exchange, 
• Joint-stock companies that are engaged in the production or trade of precious metals and 
that are allowed to operate as a member of the Istanbul Gold Exchange metals, 
• Agricultural product warehouse companies that are established as joint-stock companies 
are subject to audit in accordance with the Cabinet Decree. 
 
Pregunta 15. WT/TPR/S/331 • Turquía; Informe de la Secretaría; 3 POLÍTICAS Y 
PRÁCTICAS COMERCIALES, POR MEDIDAS; 3.3 Me didas que afectan a la producción de y 
al comercio; 3.3.3 Política de competencia y controles de precios; 3.3.3.1 Controles de 
precios: 
 
Páginas 106 y 107, párrafo 3.162. Salvo en el caso de la electricidad, el gas natural, los productos farmacéuticos, las telecomunicaciones y el transporte, los precios vienen determinados por el 
mercado. El organismo responsable de los controles de precios depende del producto de que se 
trate:  
 la Autoridad de Reglamentación del Mercado de la Energía está encargada de aprobar 
las tarifas de transmisión y distribución, el precio al por mayor de la Corporación 
Turca de Comercio y Contratación de Energía Eléctrica (TETAS) y las ventas al por menor a consumidores que no reúnen ciertas condiciones. Está encargada asimismo de aprobar la venta al por menor, la transmisión, el almacenamiento y las tarifas de 
distribución de gas natural a las ciudades;  
 la Autoridad de Tecnologías de la Información y las Comunicaciones, como organismo 
de reglamentación de las telecomunicaciones, regula o aprueba los servicios 
prestados por los operadores99;  
 el Ministerio de Sanidad utiliza un sistema de precios de referencia para determinar 
los precios de los productos farmacéuticos, tomando como referencia los precios al 
por mayor más bajos de algunos Estados miembros de la UE. Actualmente, los 
precios de   referencia se convierten a liras turcas aplicando un tipo fijo de 2,0787 
liras turcas por euro
8. 
 
México pregunta 15: En el párrafo 3.162 señalan que la Autoridad de Tecnologías de la 
Información y las Comunicaciones, como organismo regulador de las telecomunicaciones, aprueba 
los servicios prestados por los operadores y las tarifas. Al respecto, ¿cuál es la metodología usada 
para la determinar las tarifas de los servicios de telecomunicaciones?  
Turkey’s Answer: Information and Communication Technologies Authority (ICTA) may impose on 
operators with significant market power in the relevant market obligation to set their access tariffs 
                                               
8 Tokgöz T (2014), The Turkish Pharma Market , exposición realizada por Turgut Tokgöz, Secretario 
General de CPhl Worldwide 2014. Consultado en: https://prezi.com/cnbs28xrddtd/the-turkish-pharma- 
market/; e información faci litada por las autoridades. WT/TPR/M/331/Add.1 
 
- 17 - 
 
  on cost basis. Upon request of ICTA, the obliged operators have to prove that their tariffs have 
been set on cost basis. In case ICTA determin es that the obliged operators have not set their 
tariffs as cost-oriented, it shall be entitled to set their access tariffs as cost-oriented. Until it does so, ICTA shall be entitled to set the tariffs and/or to introduce upper limit by taking into account 
the implementations of other countries, the prices applied beforehand, and interrelationship 
between the service which is subject to regulation  and other services offered in the same and/or 
similar markets at wholesale and retail levels, to the appropriate extent. It is obligatory to comply 
with the tariffs set by ICTA. Whilst the tariffs ar e being determined as cost-oriented, the following 
factors shall be taken into account.   a) It is essential that cost-oriented price for access services is determined as the sum of forward 
looking long-run incremental cost of efficient service provision including an appropriate return 
on capital employed for the provision of servic e and the total of the common costs that can be 
attributed to the service.  
 
b) ICTA may decide to use the different types of long term incremental cost method or other 
methods that are being used in electronic communications sector, taking into account the 
parameters such as the interrelationship between access services and other services for which 
the same infrastructure is used, and availability of data envisaged to be used in calculation of costs.   
c) In case the costs exceed cost of efficient service provision, exceeding part is assumed 
unnecessary expense and cost in respect of cost of efficient service provision. Such expenses and costs are taken into account insofar as they stem from a statutory obligation or they are 
proved as being indispensable for other reasons. 
 Pregunta 16. WT/TPR/S/331 • Turquía; Informe de la Secretaría; 3 POLÍTICAS Y 
PRÁCTICAS COMERCIALES, POR MEDIDAS; 3.3 Me didas que afectan a la producción de y 
al comercio; 3.3.3 Política de competencia y controles de precios; 3.3.3.2 Política de 
competencia:  
Página 107, párrafo 3.167. Además, la TCA ha publicado varios comunicados encaminados a 
mejorar su efectividad, entre los que cabe cita r los siguientes: un Comunicado de 2012 sobre el 
procedimiento de reclamación en caso de infracción de la legislación sobre competencia en el que 
se facilita una lista de la información exigida a los reclamantes y que tiene por objeto evitar el uso 
indebido de los derechos de reclamación por parte de las empresas o los consumidores; el Comunicado de exenciones por categorías relativo a acuerdos de especialización (2013); y el 
Comunicado sobre los procedimientos y principios que han de aplicarse en la presentación de 
prenotificaciones y solicitudes de autorización a la Autoridad de Defensa de la Competencia para que las adquisiciones mediante privatización tengan validez jurídica (2013).
9 
 
México pregunta 16: En el párrafo 3.167 se explica el Comunicado de 2012 de la Autoridad de 
Defensa de la Competencia, referente al procedimiento de reclamación en caso de infracción de la 
legislación sobre competencia en el que se facilita una lista de la información exigida a los 
reclamantes y que tiene por objeto evitar el uso indebido de los derechos de reclamación por parte 
de las empresas o los consumidores. Al respecto, ¿qué funciones cumple la Autoridad de Defensa 
de la Competencia relacionadas a la protección de los derechos de los consumidores? 
 
Turkey’s Answer: Communiqué 2012/2 of Turkish Competition Authority (TCA) on the 
Application Procedure for Infringements of Competition sets the required information that the complaints should carry in order to be responded. The purpose of issuing the Communiqué is to 
identify a minimum standard for making complaints to the TCA. For example, the Communiqué 
states that ambiguous claims that do not point specific undertakings or specific type of infringements are not going to be responded. By doing so, the Authority aims not to diminish the 
number of complaints but to allocate its resources efficiently. 
 The Authority is actually encouraging the applications. Application to the Authority may be in the 
form of information, complaints and Ministry requests. Applications may be filed by natural 
                                               
9 Los Reglamentos, comunicados y directrices public ados por la TCA de conformidad con la Ley de 
Defensa de la Competencia pueden consultarse en línea en la siguiente dirección: http://www.rekabet.gov.tr/ 
en-US/Communique-List/Communiqu-List .  WT/TPR/M/331/Add.1 
 
- 18 - 
 
  persons as well as by institutions, organizations, associations and similar legal entities. In addition, 
the Authority may open an investigation and end an infringement ex officio.  The overall goal of the Authority is to enhance the consumer welfare. To this end, the TCA is 
taking decisions. In addition the TCA believes that competition advocacy is an important tool to 
provide competition culture in the society that favors consumer welfare. Competition culture mainly involves being informed about the benefits introduced by competition, and the formation 
and development of the necessary awareness in the society as to the role possessed by the 
implementation of competition rules in securing su ch benefits. The TCA is carrying out symposium, 
seminar, conference and educational activities, utilize printed and visual media channels, and publish explanatory guides in relation to the practice and the legislation for the formation and 
development of a competition culture. The TCA has made public recently a handbook for 
consumers and the handbook for SME’s.  
 
Pregunta 17. WT/TPR/S/331 • Turquía; Informe de la Secretaría; 3 POLÍTICAS Y 
PRÁCTICAS COMERCIALES, POR MEDIDAS; 3.3 Me didas que afectan a la producción de y 
al comercio; 3.3.3 Política de competencia y controles de precios; 3.3.3.2 Política de 
competencia: 
 Páginas 107 y 108, párrafo 3.168. La TCA ha tendido a centrar sus actividades en los siguientes sectores: transporte, productos químicos, alimentos y bebidas, telecomunicaciones, servicios y 
suministros de construcción y finanzas. En sus informes anuales, la TCA suele indicar que se 
necesitan mecanismos de cooperación entre los legisladores y las autoridades públicas encargadas de la reglamentación de esos sectores para examinar las medidas que hace falta adoptar en 
relación con los sectores que son constantemente objeto de infracciones o reclamaciones en 
materia de competencia, a pesar de las investigaciones realizadas por la TCA y de las medidas adoptadas como resultado de dichas investigaciones.
10 
 
México pregunta 10: En el párrafo 3.168 se especifica que la Autoridad de Defensa de la 
Competencia ha centrado su atención, entre otros sectores, a las telecomunicaciones. Al respecto ¿qué medidas, lineamientos o decisiones se han tomado para fomentar la competencia en ese 
sector? 
 Turkey’s Answer: In 2015, there were not any new legal regulation with respect to competition 
law and policy in the telecommunication sector. The current two main legal documents are still The 
Law No 4054 on the Protection of Competition and the Electronic Communications Law No 5809. However, within the framework of the protocol between TCA and Information and Communication 
Technologies Authority (ICTA), any complaints and applications submitted to the TCA regarding 
the sector in question are subject to the review and cooperation of the ICTA. 
 When it comes to implementation, in the sector which competition supervision is deemed crucial 
for preventing dominant position, 25 cases have been filed. While 10 of mentioned cases dealt 
with competition violation, 14 of them were regarding with merger control and the rest of it contained an exemption evaluation. In 2014, 15 of  the cases were about competition violations 
and 7 decisions were about merger controls.  
 On the other side, with the purpose of increasing current awareness and ensuring adaptation to 
the recent development in the field, the profe ssional staff of the TCA were provided with 
attendance to certain international workshops, trainings and meetings.  Pregunta 18. WT/TPR/S/331 • Turquía; Informe de la Secretaría; 3 POLÍTICAS Y 
PRÁCTICAS COMERCIALES, POR MEDIDAS; 3.3 Me didas que afectan a la producción de y 
al comercio; 3.3.3 Política de competencia y controles de precios; 3.3.3.2 Política de 
competencia: 
 
Página 108, párrafo 3.170. Los casos de infracción de la legislación sobre competencia se investigan de conformidad con el artículo 4 (relativo a los acuerdos anticompetitivos) y el artículo 
6 (relativo al abuso de posición dominante) de la Ley de Defensa de la Competencia. Esos casos 
representan una gran proporción de las investigaciones totales realizadas por la Autoridad de 
                                               
10 Turkish Competition Authority (2015), Annual Report on Competition Policy Developments in Turkey 
2014, páginas 3 y 4. Consultado en: http://www.rekabet.gov.tr/en-US/Annual-Report-List . WT/TPR/M/331/Add.1 
 
- 19 - 
 
  Defensa de la Competencia (cuadros 3.28 y 3.29). Según la TCA, las investigaciones sobre cárteles 
han constituido una importante actividad: en 201411 se emitieron 10 decisiones y en 2013 5, entre 
las que figuraba 1 relativa al sector bancario, en el que la TCA constató que 12 bancos habían 
incurrido en prácticas anticompetitivas al fijar conjuntamente los tipos de interés y las cargas por 
la prestación de diversos servicios (depósitos, préstamos y tarjetas de crédito), lo que dio lugar a 
la imposición de multas superiores al total de todas las multas aplicadas anteriormente por la mencionada Autoridad.
12 
 
México pregunta 18: En el párrafo 3.170 se abordan las investigaciones relativas a los acuerdos 
anticompetitivos y al abuso de posición dominante. Al respecto, ¿la Autoridad de Defensa de la Competencia ha iniciado alguna investigación relacionada al sector de telecomunicaciones? 
 
Turkey’s Answer: Number of decisions in telecommunications sector is among the top four 
sectors with the highest number. In 2012, there were 44 decisions taken in information and 
communication technologies. In 2013, this number was 44. In 2014, 28 cases finalised and ended 
up with a decision.   
In 2015, investigations regarding telecommunication sector had a considerable share among other 
investigations. For the details of investigations any related party could refer to TCA.  Pregunta 19. WT/TPR/S/331 • Turquía; Informe de la Secretaría; 4 POLÍTICAS 
COMERCIALES, POR SECTORES; 4.1 Agricultur a; 4.1.3 Comercio; 4. 1.3.2 Contingentes 
arancelarios:  
Página 136, párrafo 4.14. Las normas de administración de los contingentes arancelarios se 
modificaron en 2010
13, fecha en que se derogó el antiguo Re glamento sobre la Administración de 
Contingentes de Importación y Contingentes Arancelarios de 2004 y en que la Decisión del 
Consejo de Ministros14 pasó a ser la legislación aplicable a la administración de los contingentes 
arancelarios de importación. Con arreglo a esta Decisión, las normas específicas aplicables a los contingentes en cuestión se establecen en distin tos comunicados, sobre la base de un análisis 
económico del producto o grupo de productos de que se trate. Según las autoridades, estos 
contingentes se aplican de conformidad con los principios de transparencia y no discriminación. Los 
contingentes se asignan a todos los importadores, cuyas solicitudes se evalúan sobre la base de sus resultados anteriores. Además, se procura que los contingentes se asignen en cantidades que 
representen valor económico. 
 México pregunta 19: ¿Cuáles es el criterio que utiliza Turquía para evaluar los resultados 
anteriores de los importadores solicitantes a fin de, sobre esa base, posteriormente asignarles contingentes arancelarios?  Turkey’s Answer:  Past performance of importer is regarded as the actual performance by the 
importer in a reference period in announced specific quota allocation regulation.  
Pregunta 20. WT/TPR/S/331 • Turquía; Informe de la Secretaría; 4 POLÍTICAS COMERCIALES, POR SECTORES; 4.3 Servicios;  4.3.1 Servicios fi nancieros; 4.3.1.3 
Valores:  
 Página 167, párrafo 4.113. Los bancos no pueden llevar a cabo ninguna transacción apalancada 
con divisas. Los bancos de desarrollo e inversión, además de los servicios y actividades de 
inversión que pueden llevar a cabo los bancos, pueden realizar también las siguientes actividades: gestión de carteras; asesoramiento de inversores; suscripción de instrumentos del mercado de capitales sobre la base de un compromiso firme; y colocar instrumentos financieros sin una base 
de compromiso firme. 
 
                                               
11 Turkish Competition Authority (2015), Annual Report on Competition Policy Developments in Turkey 
2014, página 4. Consultado en: http://www.rekabet.gov.tr/en-US/Annual-Report-List .  
12 OCDE (2014), Annual Report on Competition Policy Developments in Turkey - 2013 , 
DAF/COMP/AR(2014)8, página 5.  
13 Reglamento Nº 27613, de 16 de junio de 2010. 
14 Decisión Nº 27599, de 2 de junio de 2010. WT/TPR/M/331/Add.1 
 
- 20 - 
 
  México pregunta 20: ¿Cuáles son los motivos por los cuales no se permite a los bancos llevar a 
cabo transacciones apalancadas con divisas? 
 Turkey’s Answer: Under Article 3 of the Capital Markets Law, leveraged forex transactions are 
listed among derivative instruments. Banks and securities intermediary institutions can engage in 
trading of derivative products (including, but not limited to, futures and options) in compliance with the CMB legislation. However, specific limits of authorization for each type of institution are 
defined in terms of instruments and services in CMB legislation based on the authority provided for 
in the Capital Markets law.   Pursuant to Capital Market Law No. 2499 amended by Law No. 6111 “Leveraged trading or 
intermediation to the trade and other related servic es of  foreign exchange, goods, precious metals 
or other assets to be designated by the Capital Markets Board is determined as a capital market activity ”. Capital Market Law No.2499 Art. 34 states that the principles related to the 
intermediation activities of intermediary in stitutions shall be regulated by the Board. The Board is 
authorized to make such regulations for each  intermediation activi ty to be engaged by 
different institutions . Within the principles that shall be specified by the Board, intermediary 
institutions may engage in other capital market activities provided that they obtain permission to 
do so.  Under this authority, the CMB has regulated specific investment services that may be performed 
by each type of institution. Such policies are determined with prudential concerns as well as with 
the goal of providing for a higher degree of specia lization and higher service quality in investment 
services and investment banking activities.   
 
Accordingly under current regulation, investment firms (intermediary institutions) and investment banks may be licensed to provide intermediation in leveraged forex transactions. On the other 
hand commercial banks may conduct leveraged transactions for their own portfolios but in terms 
of intermediation, they may be involved only indirectly through their subsidiaries licensed as an investment firm. Investment   WT/TPR/M/331/Add.1 
 
- 21 - 
 
  COLOMBIA 
Documento de la Secretaría: WT/TPR/S/331 
 2  TRADE AND INVESTMENT REGIME 
2.3.2  Regional and preferential agreements 
2.3.2.2  Reciprocal trade agreements  
El párrafo 2.28 del informe de la Secretaría indica que… “There are currently 18 FTAs in force for 
Turkey, with a combined value of US$13.3 billion of 2014 imports benefitting from these agreements, thus approximately 5.5% of Turkey's total imports. Many of Turkey's FTA partners 
are relatively small trade partners except for perhaps EFTA and the Republic of Korea, which still 
only accounted for 2% and 3% of total Turkish imports in 2014. Thus, of Turkey's top 10 sources 
of imports for 2014 (excluding the EU), only the Re public of Korea and Switzerland (through EFTA) 
had an FTA with Turkey. Turkey maintains a positive trade balance with most FTA partners, and a 
trade deficit with only four, however, the large trade deficit with the Republic of Korea contributes 
significantly to an overall trade deficit with FTA partners. The percentage of imports entering through the FTAs varies widely, from 2.8% (M ontenegro) to 99.5% (Jordan) (Table 2.3).” 
 
1. ¿Cuál es el enfoque de Turquía en relación con los procesos de negociación comercial que adelanta con países de América Latina?  
 
Turkey’s Answer:  Turkey’s first Free Trade Agreement (FTA) with the Latin American countries is 
the one with Chile, which was signed in 2009, and entered into force in 2011.   
Following that and by taking into account the EU’s FTA perspective towards Latin American 
countries, Turkey launched FTA negotiations with Colombia and Ecuador in 2011. During these negotiations considerable progress has been achi eved however the FTAs have not been concluded 
yet. In addition, the FTA negotiations with Peru and Mexico which were started in 2014 are still 
continuing. Turkey’s goal is to finalize these processes as early as possible to establish the legal framework for deeper and enhanced economic relations with its Latin American partners. 
 
2. ¿Cómo gestionaría Turquía los efectos de los nuevos acuerdos bilaterales en relación con las complejidades que se derivan de su pertenencia tanto al Sistema Multilateral de Comercio como a la Unión Aduanera con la Unión Europea? 
 
Turkey’s Answer: Turkey believes WTO and the multilater al trading system it represents 
continue to be a unique platform for wider economic cooperation. There is much to expect from 
multilateral trade liberalization in a way contributing to a strong, sustainable and balanced growth. 
On the other hand, RTAs have become a hugely prominent part of the global trading system. In face of this reality, it is essential that global trading system works efficiently with strong coherence 
across all its elements, including bilateral, regional, plurilateral and multilateral agreements. 
 On the other hand, Turkey negotiates and concludes bilateral free trade agreements in line with its obligations stemming from the Customs Union Decision (CUD) and the WTO Agreement.  
 
In recent years, Turkey started negotiating Agreements covering a wide range of areas like intellectual property rights, trade facilitation, trade in services, investment, public procurement 
etc. like many countries in the world. The provisions contained in these Agreements are fully in 
line with our commitments reflected both in the WTO Agreement and the CUD. Where necessary, Turkey takes the steps to build the legal en vironment for the implementation of these 
comprehensive Agreements within the fram ework of its international undertakings. 
 2.3.2.3 Unilateral preferential regimes  
El párrafo 2.35 del informe de la Secretaría señala que… “In terms of country coverage, Turkey is 
also following the reforms to the GSP that the EU has taken, namely to focus preferences on countries most in need by removing high- and upper middle-income countries and countries that 
benefit from other privileged arrangements. Thus, Turkey's beneficiaries have been reduced from 
177 to 91 at present.  Turkey deviates slightly from EU country coverage by excluding Armenia: on Armenia's accession to the WTO, Turkey invoked Article XIII of the Marrakesh Agreement on the 
non-application of multilateral trade agreements.  Since the entry into force of the EU's new GSP WT/TPR/M/331/Add.1 
 
- 22 - 
 
  regime, Turkey has reflected the restrictions made by the EU in the country coverage in its GSP 
scheme through the amendments in the import regimes of 2014 and 2015. Accordingly, since 2014 countries that were excluded from the EU's GSP regime are also not covered by Turkey's GSP scheme. As for the changes envisioned at th e beginning of 2016 for certain South American 
countries, Turkey is undertaking the necessary evaluation and amendments, and plans to make 
the necessary changes through the import regime of 2016.”  
3. ¿Podría Turquía compartir los objetivos y criterios bajo los cuales  se está haciendo la 
evaluación del SGP y qué modificaciones se espera introducir en su aplicación a los países de América del Sur mencionados en el Informe de la Secretaría?  
Turkey’s Answer:  Currently, Regulation No 978/2012/EU of the European Parliament and of the 
Council is the main reference for Turkey’s GSP scheme in terms of both the beneficiary countries and the preferences granted under general GSP arrangement as well as special incentive 
arrangements.  
 Regulation No 978/2012/EU introduces new criteria for determination of the beneficiary countries. 
In that respect, some overseas countries and territories; countries with other preferential market 
access arrangements with the EU; and high and upper-middle income countries no longer benefit from the preferential treatment pr ovided by the EU’s GSP regime. 
 
Therefore, since 2014 a number of Latin American countries namely Ecuador (2015), Peru, 
Colombia, Honduras, Nicaragua, Panama, Costa Rica, Guatemala and El Salvador (2016) have been removed from the EU’S GSP regime as eith er they have other preferential market access 
arrangements with the EU or they are qualified as high and upper-middle income countries 
 Accordingly, in line with its alignment requirem ent with the EU’s GSP regime, Turkey removed the 
same countries from its GSP scheme with the amendments made through the Import Regime 
Decrees of 2015 and 2016. Bolivia and Paraguay, on the other hand, continue to be beneficiaries of Turkey’s both GSP and GSP+ schemes in parallel to the EU.   
3 TRADE POLICIES AND PRACTICES BY MEASURE 
3.1 Measures Directly Affecting Imports 3.1.5 Tariffs 
3.1.5.1  Applied MFN duties 
 El párrafo 3.35 del informe de la Secretaría seña la que... “Turkey's implementation of the Customs 
Union Decision, and thus the EU common external tariff on industrial products, yields a marked 
difference between tariff protection afforded to the agricultural sector versus manufacturing industries. For agricultural products the simple average applied rate was 49.1% in 2014 (WTO definition) compared to non-agricultural products (5.5%). Furthermore, the high standard 
deviation for agricultural products (51.1) shows a higher variability among tariff rates as well as 
higher protection (Table 3.3 and Chart 3.2). The highest tariff rates of 225% apply to 76 tariff lines, namely fresh, chilled, or frozen meat and edible offal of bovine animals; swine; sheep; 
goats; horses; asses; and mules or hinnies.” 
 4. ¿Se prevén cambios o reformas tanto en su polít ica de sostenimiento al sector agrícola como en 
materia arancelaria, en relación, por ejemplo, con las líneas de arancel cuyas tasas se sitúan 
alrededor del 225%?   Turkey’s Answer: Tariffs for agricultural products are determined according to WTO 
commitments and other international obligations of Turkey and taking into account domestic 
legislation.  Tariff rates for 2016 were released in Official Journal dated December 31, 2015.  
 
5. ¿Cabe esperar una mayor adaptación del sector  agrícola a las condiciones del libre comercio?  
 Turkey’s Answer: Turkey as a country in which agricultural sector still continues to play an 
important role for socio-economic life,  is in need of attaining sustainable level of production of 
safe and quality agricultural goods and preserving natural resources that agricultural activity depends on.  WT/TPR/M/331/Add.1 
 
- 23 - 
 
  Although Turkey has undergone certain changes in the last two decades in terms of reforming her 
agricultural policies,  it is well –recognized that agricultural transformation is a long and complex process with potential effect on wider economic and social policies.  
Turkey sustains her efforts to make its agricultural market more competitive while fully respecting 
aforementioned considerations.   
Efforts towards harmonizing agricultural policies with EU’s common agricultural policies and 
continuing FTA negotiations with certain countries and/or country groupings are believed to be tools to carry forward Turkish agricultural sect or to more open and competitive environment. 
 
More importantly, with its huge potential to level the playing field, successfully concluding WTO 
agricultural negotiations is considered to be a giant step towards more trade friendly climate for all. WT/TPR/M/331/Add.1 
 
- 24 - 
 
  SINGAPORE 
PART I: QUESTIONS REGARDING THE SECRETARIAT REPORT  
 V APPENDIX TABLES 
 QUESTIONS:  
Trade and Investment Regime 
Page 195 (Table A2.3)  
1. We note that some services sectors continue to be subjected to Foreign Direct Investment 
restrictions. For instance, foreign equity participation in maritime transportation and aviation is limited to 49 per cent. Firstly, we would like to  understand the rationale for such foreign equity 
participation restrictions. Secondly, we wonder if Turkey is open to considering lifting such foreign 
equity participation restrictions for Turkish subsidiaries of foreign companies whose home country does not impose those restrictions.  
 
Turkey’s Answer: For aviation and maritime transportation, transportation of goods or 
passengers between two places in Turkey by a company with more than 49% foreign equity 
participation is restricted.  
 These types of laws are applied in most countries for the sustainability of the domestic services 
industry, to preserve infrastructure for national security purposes and to ensure safety. These 
rules are applied for all foreign companies in Turkey even if the home country of the foreign 
company does not have those restrictions.  
We do not foresee any liberalization in the near future for the areas where foreign equity 
participation is restricted or prohibited.  
 WT/TPR/M/331/Add.1 
 
- 25 - 
 
  JAPAN 
Report by the Secretariat (WT/TPR/S/331 
 3 TRADE POLICIES AND PRACTICES BY MEASURE 
3.1 Measures Directly Affecting Imports 
3.1.6 Other charges affecting imports 3.1.6.4 Other taxes and charges 
 
(Question 1: Page 65, Paragraph 3.52)  Subject to Resource Utility Support Fund (RUSF), it is reported that RUSF of 6% is applied and 
levied on originating goods on credit based import.  
- RUSF seems to be a type of fund but it seems to  have a similar effect on  imported goods as tax. 
Is RUSF collected as a tax?  
Turkey’s Answer:  The Resource Utilization Support Fund (the RUSF) is a fund levied on only 
credit based importation.  
Thus, all importation is not subject to the RUSF. RUSF is collected on credit based importation or 
credit based transaction when any credit is used.  
If the price of the good is transferred before the customs liability has started, according to customs 
regulation, RUSF is not collected; if the price is transferred after this date then this credit based transaction is subject to RUSF because importer is credited.  
There is no distinction for collection of the RUSF depending on any criteria such as  the type of 
imported good or country of origin. 
 
- If RUSF is collected as a type of fees or charges in relation to payments for imported goods, is 
the full amount of collected RUSF finally paid to the government as national revenue?  What is the relation of RUSF with any governmental authority of Turkey? 
 
Turkey’s Answer:  The RUSF is not a charge or a fee. RUSF revenues are transferred to the 
general state budget. Turkish Revenue Administration  is responsible for the implementation of this 
fund. 
 
- If RUSF is neither a tax nor a charge/fee, what is RUSF and what is the nature and purpose of 
RUSF? 
 
Turkey’s Answer: The RUSF is levied on below mentioned credit-based transactions: 
a-Consumer loans which are obtained from domestic banks. 
b-Loans obtained from abroad by the taxpayers who are residents in Turkey. 
c-Credit based importation regardless of whether the user is a real person or a legal entity. 
 
- How does Turkey maintain RUSF in conformity with GATT VIII? 
 
Turkey’s Answer: RUSF  has no relation with any type of fe e or charge that are mentioned in 
GATT Article VIII but rather a policy tool which is applied to goods imported using credit and 
consumer loans and also loans obtained abroad. In addition RUSF by nature does not represent an 
indirect protection to domestic products or a taxation of imports.  
 
3.3 Measures Affecting Production and Trade 
3.3.1 Business framework 3.3.1.1 Commercial Code  
(Question 2: Page90)  
The Secretariat Report notes that “In 2011 Turkey passed legislation for its new commercial code, which came into force as of 1 July 2012 to replace the outdated code that had been in place for 
over 50 years.” Could Turkey provide us with En glish version of the revised Turkish Commercial 
code?  WT/TPR/M/331/Add.1 
 
- 26 - 
 
  Turkey’s Answer:  English version of the revised Turkish Commercial Code is not available, 
whereas the Turkish version of the mentioned Co de is accessible via the following web site: 
http://mevzuat.basbakanlik.gov.tr/Metin.Aspx ?MevzuatKod=1.5.6102&MevzuatIliski=0&sourceXml
Search=&Tur=1&Tertip=5&No=6102 . 
 
3.3.6 Intellectual property rights  
(Question 3:  Page 115, Paragraph 3.211. Table 3.44 Summary of Turkey's protection of 
intellectual property rights, 2015)  Please provide the rationale for linking the period of  regulatory data protection with the period of 
patent protection. 
 
Table 3.44  [Main legislation] Human Medicinal Products Licensing Regulation (Article 9), 
[Duration] Data exclusivity period of six years to commence as of first registration data in the 
Custom Union Area. With regard to those products which benefit from patent protection in Turkey, the data exclusivity period is limited to the term of the patent. 
 
Turkey’s Answer:  WTO Agreement on Trade-Related Aspects of Intellectual Property Rights 
(TRIPS), Article 39.3, requires member countries to establish protections for submitted test data. Article 39.3 aims at preserving the confidential ity of the information submitted for marketing 
approval without any time limit. In this sense, TRIPS Article 39.3 can be interpreted as flexible. 
Therefore, it can be applied differently by many countries which acceded to the agreement. In our view, TRIPS Article 39.3 concerns data protection and protection without exclusivity is compatible 
with the minimum standards set forth in Article 39.3. Consolidated 2001/83/EC medicinal products 
directive which defines the details on data exclusivity is taken as legal basis by Turkey. Turkey decided to implement data protection from the beginning of the application to the end of whole life 
cycle of a dossier. On the other hand, data exclusivity period is defined in Turkish legislation as six 
years which is limited with patent term.    Additionally, Article 33 of TRIPS determines the Term of Patent Protection, which is not legally 
related to the term of data protection. 
 4 TRADE POLICIES BY SECTOR 
4.1 Agriculture 
4.1.6 Export Subsidies  
(Question 4: Page131, Paragraph 4.24)  
According to the paragraph 4.24, Turkish authorit ies express the reason for not submitting the 
notification of the Committee on Agriculture, but it is not clear. What was the specific reason why the government has not notified to the Committee on Agriculture even for 15 years since the last 
notification? By what time will the government notify them to the Committee on Agriculture? 
 Turkey’s Answer:  Turkey will comply with its notificati on requirements by the next meeting of 
the Committee on Agriculture which will be held on 7-8 June, 2016.  
 WT/TPR/M/331/Add.1 
 
- 27 - 
 
  UKRAINE 
Report by the Secretariat (WT/TPR/S/331) 
 2 TRADE AND INVESTMENT REGIME 
2.3 Trade Agreements and Arrangements 
2.3.2 Regional and preferential agreements 2.3.2 Regional and preferential agreements 
2.3.2.1 Customs Union with the EU 
 According to paragraph 2.21 (page 31) , “Turkey's preferential trading relationship with the EU 
… was deepened in 1973 with the Additional Protocol and in 1996 with the conclusion of the 
Customs Union. Thus, customs duties, quantitative  restrictions, and similar measures have been 
removed on industrial goods since 1996.”  
Question 1 :   
Could Turkey kindly clarify provisions concerning Turkey-EU Customs Union and market access to 
Turkey for other countries due to explanation of the next situation. For example country-X has an 
FTA with EU. Within Turkey-EU Customs Union established zero rate for a certain good which 
country-X exporting to EU. Is it possible for country-X to export to Turkey such good at zero tariff rate? 
 
Turkey’s Answer:  In line with the Customs Union, trade of industrial products between Turkey 
and the EU takes place on the basis of principle of free circulation of goods. In other words, the rules of origin are not relevant in order for the industrial products that are subject to trade 
between the Parties to benefit duty free treatment. The important thing is that the products should 
meet the conditions to be released for free circulation by the Parties.  
Trade between the FTA partners, on the other hand, takes place on the basis of rules of origin. 
More specifically, any product that is subject to bilateral trade needs to meet the FTA’s respective 
rules of origin in order to benefit from the tariff concessions introduced by the FTA. 
 
Article 3 of the Customs Union Decision lays down in detail the conditions under which the products would be considered in free circulation. In this respect, products from third countries shall be considered to be in free circulation in the EU or in Turkey if import formalities have been 
complied with and any customs duties or charges having equivalent effect which are payable have 
been levied in the Community or in Turkey, and if they have not benefited from a total or partial reimbursement of such duties or charges. Furthe rmore, Article 4 stipulates that customs duties 
and charges having equivalent effect shall be ab olished between the EU an d Turkey. Finally, Article 
13 requires Turkey to apply the EU’s Common Customs Tariff for the imports coming from third countries. 
 
So, a third country with which the EU has an FTA but Turkey has not, can export an industrial product to the EU by benefitting from the conce ssions provided by the FTA and put this product 
into free circulation by completing the necessary import formalities. And, since the product is in 
free circulation now, this third country can export the product to Turkey at zero tariff rate by 
avoiding the Common Customs Tariff applied by Turkey for third country imports. 
 
According to the Customs Union Decision, in case  discrepancies in the implementation of the 
commercial policy cause to impairment of free circulation of goods or deflection of trade as in the case described above, any party may take measures to remedy the injury. Such situation is 
specifically defined in Article 58/2 of the Decision. In fact, in line with this provision, an additional 
fiscal duty is currently in application for the motor vehicles originating in Mexico, which are exporting to Turkey over the EU. This is not an  application resorted by Turkey frequently or 
systematically. However, if similar cases of trad e diversion are detected, such measures might be 
extended to other products/countries. WT/TPR/M/331/Add.1 
 
- 28 - 
 
  3 TRADE POLICIES AND PRACTICES BY MEASURE 
3.1 Measures Directly Affecting Imports 3.1.5 Tariffs 3.1.5.1 Applied MFN duties 
 
Paragraph 3.30  (page 50) notes that “…Law No. 474 on the Customs Tariff Schedule allows the 
Government to increase the applied MFN rates when these are deemed insufficient to provide 
“adequate” protection to domestic industries. …. the Government may replace applied MFN rates 
by 150% of the corresponding rates of the statutory tariff to ensure higher protection to local industries.”   
Question 2:   
Could Turkey kindly provide an explanation concerning preconditions (criteria) for applying 
increased import duty rates (up to 150%) for some agricultural products to protect appropriate 
agricultural sectors in accordance with provision of Paragraph 3.30? 
 Turkey’s Answer:  Turkey has bound all of its tariffs for agricultural products and stays within 
bound rates, in consistent with her WTO commitments 
 However when deemed necessary, applied MFN ta riff rates for agricultural products can be 
increased up to bound level, considering market conditions (domestic and international prices, 
demand and supply etc.).  
 According to paragraph 3.31 (page 50)  “…The compound duties affect mainly processed 
agricultural products such as yoghurt, bread, pastry and pasta. Variable duties apply to items such 
as dairy spreads, sugar confectionary, and choc olate. … the compound and variable duties are 
linked to the implementation of Turkey's cu stoms union commitments with the EU, where the 
Turkish lira equivalents of the components expressed in euros are to be paid into the Mass Housing 
Fund.”   Question 3:  
Could Turkey kindly elaborate on reasons for forming the Mass Housing Fund at the expense of 
duties collected from agricultural products? 
 
Turkey’s Answer: Turkey has adopted the EU’s system of processed agricultural products in line 
with its commitments emanating from the Customs Union with the EU. Therefore, the importation 
of processed agricultural products such as chocolate, pastry, sugar confectionery is subject to 
agricultural component (namely the Turkish lira eq uivalents of the components expressed in euros 
are to be paid into the Mass Housing Fund), which in total per product the MFN is rate respected.  According to the Table 3.2 contained in paragraph 3.34 (page 52)  applied tariff rates exceed 
the bound tariff rates.  
 
Questions 4:   
Could Turkey kindly provide an explanation on th e intention of Turkey to reduce tariffs to the 
bound rates levels pursuant to the WTO rules?  Has Turkey any timeframe for this process? 
 
Turkey’s Answer:  In the framework of EU-Turkey Customs Union, Turkey has the obligation to 
undertake EU’s Common Customs Tariffs regarding the imports from the third countries. The case for the 47 tariff  lines, the applied MFN rates have been implemented as the same rates with the 
CCT rates, apparently exceeding Turkey’s bound rate s in certain tariff lines. Turkey is planning to 
consult this issue with the EU Commission with a view to finding a solution both preserving WTO 
bound commitments and its Customs Union requirements without causing trade diversion.  
3.3 Measures Affecting Production and Trade 
3.3.1 Business framework 3.3.1.3 SMEs 
 
Paragraph 3.150 (page 91)  notes that “Small and medium-siz ed enterprises (SMEs) are an 
important part of the Turkish economy, account ing for 99.8% of total enterprises, 75.8% of 
employment, and 54.2% of value added at factor co st. They are also important to Turkey's trade 
…”. According to paragraph 3.151  “Turkey's SMEs are supported by the Small and Medium WT/TPR/M/331/Add.1 
 
- 29 - 
 
  Enterprises Development Organization (KOSGEB)”. Paragraph 3.153 notes about the SME Strategy 
and Action Plan for 2015-18.   Question 5:   
Could Turkey kindly explain what concrete measur es of National Entrepreneurship Strategy and 
Action Plan of Turkey (2015-2018) was prepar ed by KOSGEB and describe cooperation between 
KOSGEB and other similar SME support institutions in other countries.  
 
Turkey’s Answer: The purpose of National Entrepreneurship Strategy and Action Plan of Turkey 
(GİSEP) is to “generalize the culture of entreprene urship in Turkey, form a strong ecosystem and 
improve entrepreneurship”. The plan which was approved by Higher Planning Council on June 18th, 
2015 by decision number 2015/18 has come into force upon having been published in the Official 
Gazette on July 1st, 2015. G İSEP includes strategic goals in six intervention areas defined to 
achieve overall goals and actions and projects that shall be executed by relevant institutions and 
organizations in the 2015-2018 period. 
1. Develop entrepreneur friendly regulatory framework 2. Support Innovative entrepreneurship 
3. Develop a sustainable support system for priority thematic areas and general areas such 
as Women’s entrepreneurship, young entrep reneurs, Eco entrepreneurship, Social 
entrepreneurship and Global entrepreneurship and ensure execution 
4. Develop a culture that embraces entrepreneurs and entrepreneurship in our country 
5. Generalize entrepreneurship trainings at level of formal and mass educations and develop 
consultancy system entrepreneurs oriented 
6. Facilitate entrepreneurs’ access to finance 
Entrepreneurship Council is responsible for taking decisions on monitoring and evaluation of 
GISEP. Revisions can be made when deemed necessary by the Council and new actions can be added. The Council may create working groups when necessary. KOSGEB is responsible for the 
overall coordination and secretariat plans. Orga nizations responsible for the action, prepares 
annual progress reports for each action and sent th em to KOSGEB on a date determined again by 
KOSGEB. Technical Committee composed of representatives of organizations responsible for the actions, to discuss the progress of these actions, meets once a year chaired by Undersecretary of 
the Ministry of Science, Industry and Technology. KOSGEB consolidates progress reports annually 
and presents them to the Entrepreneurship Council. The Council takes the necessary routing decisions at its meeting which is done at least once in every year. 
 
Question 6:   
Is there evaluation of effectiveness of SME Strate gy and Action Plan due to the end of 2015? If 
yes, what were the results and what institution was preparing this report (KOSGEB or other)? 
 Turkey’s Answer:  The implementation process of SME Strategy and Action Plan (SSAP) 2011-
2013 was extended one year and it ended in 2014. Mo nitoring and evaluation of SSAP was carried 
out by Monitoring and Steering Committee of SSAP. This committee was responsible for plan 
management and chaired by the Undersecretary of Ministry of Science, Industry and Technology. 
The other representatives of committee are listed as follows: KOSGEB, Undersecretariat of 
Treasury, Ministry of Finance, Ministry of Economy,  Ministry of Development, Ministry of National 
E d u c a t i o n ,  M i n i s t r y  o f  E u r o p e a n  U n i o n ,  M i n i s t r y  o f  C u s t o m s  a n d  T r a d e ,  M i n i s t r y  o f  L a b o u r  a n d  Social Security, Ministry of Environment and Urban Planning, Council of Higher Education, Turkish 
Statistical Institute, TÜB İTAK, Union of Chamber and Commodity Exchanges, Confederation of 
Turkish Tradesmen and Craftsmen.  According to Monitoring and Steering Committee 74 actions of 82 were accomplished successfully 
by the responsible institutions. 
 However, Final Evaluation of SSAP 2015 - 2018 will be executed by independent competent 
company/agency which will be selected by a sub-working group which will be established in May 
2017.  
Question 7:   
Could Turkey kindly inform of influence on SME development regarding Turkey-EU relations 
(especially Customs Union). Does it have an impact on SME internationalization?  WT/TPR/M/331/Add.1 
 
- 30 - 
 
  Turkey’s Answer:  The Customs Union Decision does not include provisions specifically dealing 
with the SMEs. Yet, this does not mean that the Customs Union does not have a positive impact on the SMEs particularly in terms of SME internationalization.  
The Customs Union has certainly become the core of the economic integration between Turkey and 
the EU and so far played a crucial/undeniable role in Turkey’s transformation to a more dynamic, 
open, and competitive economy. It has restructur ed and liberalized the foreign trade regime of 
Turkey. Moreover, introduction of a wide range of  legislation from competition and state aids to 
technical legislation and protection of intellectual property rights has resulted in improved/disciplined market conditions and prov ided a more secure, transparent and foreseeable 
trading and investment environment for econ omic operators. Commitments undertaken in 
connection with the Customs Union consolidated Turk ey’s overall reforms in terms of restructuring 
and modernization of the manufacturing sector. In sum, the Customs Union has locked-in legislative and structural reforms initiated by Turkey particularly in the areas governing economy 
and trade. 
 Consequently, with the Customs Union, SMEs have gained improved market access conditions first 
in the EU market and in the markets of the FT A partners; increased their competitiveness by 
having an enhanced quality infrastructure; found the possibility to operate in a more convenient economic environment and integrated into the EU market.  
Question 8:  
What chapters of Association Agreement that are in the process of negotiations (of 14) are linked 
to SME development? What advantages SMEs will ob tain in fact? What changes needed to be done 
in national legislation?  
 Turkey’s Answer:  Within the framework of accession negotiations to the EU, SMEs are mainly 
covered under Chapter 20 on Enterp rise and Industrial Policy.  
 In that respect, in 2014, Turkey and EU have si gned an agreement for Turkey to join the EU’s 
Competitiveness of Enterprises and SMEs Prog ram (COSME), which aims to strengthen the 
competitiveness and sustainability of the enterp rises, encourage an entrepreneurial culture and 
promote the creation and growth of SMEs.   
Besides, “European Small Enterprises Act Principles” has entered into force with Prime Ministerial 
Circular in 2011 in Turkey for the coordination of harmonization of the 2008 Small Business Act 
(SBA) for Europe. This Circular aims to improve the approach to entrepreneurship in Turkey, 
simplify the regulatory and policy environment for SMEs, and remove the remaining barriers to 
their development.   According to Turkey 2015 Progress Report, with th e adoption of the new SME strategy a progress 
was recorded in terms of developing policy in Turkey. Moreover, Turkey is currently participating in 
the assessment exercise on the SBA and initial results confirm that Turkey is performing well in a considerable number of dimensions. 
 
Question 9:  
What measures were implemented due to the trade agenda items of Turkey’s G-20 Term 
Presidency […ii) policies for enhancing the participation of Small and Medium Sized Enterprises 
(SMEs) and LIDC’s into the Global Value Chains (GVCs)…]?  Turkey’s Answer: Implementing policies for fostering greater integration of SMEs and LIDCs into 
the GVCs was an essential priority for the G20 Turk ish Presidency under the trade pillar within the 
framework of the focus on “inclusivene ss” as well as “implementation”.  
 
In this sense, the issue was studied thoroughly  during our Term Presidency. At the G20 Trade 
Ministers’ Meeting held on October 6, 2015, ways to better integrate SMEs and LIDCs into the Global Value Chains (GVCs) were discussed in depth. It was acknowledged by all that the 
integration of SMEs and LIDCs to world trade would definitely be a stimulus for global growth and 
GVCs could be a crucial instrument in order for this to happen. Discussions about possible policy actions that can increase the inclusiveness of GVCs were productive. G-20 countries expressed strong will to implement the much needed policies in order to increase participation of SMEs and 
LIDCs into GVCs. WT/TPR/M/331/Add.1 
 
- 31 - 
 
  In the same vein, at the end of the G20 Leaders Summit on November 15-16, 2015, G20 Leaders 
declared as follows: “Inclusive Global Value Chains (GVCs) are important drivers of world trade. 
We support policies that allow firms of all sizes, particularly SMEs, in countries at all levels of 
economic development to participate in and take full advantage of GVCs and encourage greater 
participation and value addition by developing countries”.  
 Question 10: 
What part of Vision 2023 related to SME development, including Tenth Development plan (specify short and long-term goals and specific measures)?   
 Turkey’s Answer: The Tenth Development Plan identifies specific development goals and 
measures regarding SMEs under section 2.2.12. Entrepreneurship and SMEs. According to the 
plan, it is essential to strengthen SMEs in issues such as succeeding in increasing global competition, accessing sufficient capital, breeding innovative projects and developing collaborative 
businesses and partnerships. The need to increase  the number of entrepreneurs and their skills is 
an ongoing process, whereas access to finance needs to be improved considering both supply and demand. 
 
The primary objective is to increase competitiveness of SMEs and consequently increase their contribution to economic growth. In this context, it is essential to support high growth or high potential enterprises and those that have innovative products, services or business models. 
 
Developments and Targets in Entrepreneurship and SMEs for the year 2018 are listed below in Table 1. 
Table 1 Developments and Targets in Entrepreneurship and SMEs 
  2006  2012  2013 2018  
The Number Of Newly Established Firms (Thousand) 53 39 50 75 
The Ratio of Small and Medium Enterprises (%)1
  1,7 2,42
 3,0 4,0 
The Number Of Enterprises Located In Industrial Estates 35.000 41.000 45.000 65.000 
The Number Of Complete d Industrial Estates 130 153 160 200 
The Amount Of SMEs’ Exports (Billion Dollars) 50 90 100 150 
The Number Of Exporter SMEs (Thousand) 44 50 52 60 
SME Expenditures on R&D (%) 10,03 
14,92
 17,0 20,0 
The Number Of Enterprises Located In Technology 
Development Zones 604 2.174 2.500 4.000 
 
Source: 2006 and 2012 data are from TURKSTAT, Ministry  of Science, Industry and Technology and The 
 Union of Chambers and Commodity Exchanges of  Turkey (TOBB). 2013 and 2018 data are estimates 
 of the Tenth Development Plan. 
 
(1) Includes small and medium enterprises with 20-249 employees. (2) 2010 figure (3) Estimate of the Ministry of Development 
 
Policies  
1. Entrepreneurial culture will be further improved by disseminating formal and informal 
programs at every level of the education sy stem, increasing the quality of existing 
entrepreneurship training programs and promotin g and awarding entrepreneurial role models.  
 
2. In-house capabilities and collaboration capacity of all institutions that provide services and support within the entrepreneurial ecosystem will be  improved. Professional associations that bear 
a public entity legal status will be restructured  to support entrepreneurship and increase their 
contribution to the entire economy. 
 3,. Quantity and quality of incubators, business development centers and accelerators will be 
improved to better serve entrepreneurs. Support models will be designed by collaboration of 
public, private and non-governmental institutions.   
4. State support for entrepreneurship and SMEs will be provided on the basis of innovation, 
productivity and employment, growth and collaboration , as well as giving priority to women, youth WT/TPR/M/331/Add.1 
 
- 32 - 
 
  and social entrepreneurship. Monitoring and evaluation of implementation will be enhanced and 
contribution of the supports to the economy will  be measured by employing impact analyses. 
 5. Access to finance for startups and SMEs will be facilitated by improving angel investments, 
venture capital, credit guarantee fund, applications  of micro-finance and by exploring other capital 
market opportunities.   
6. Internationalization of SMEs will be augmented by improving their R&D, innovation and 
export capacity.  7. SMEs will be supported for further orga nized activities and forming clusters among 
themselves and with larger enterprises, universities and research centers.  
 8. SMEs will be ensured to become brands, institutionalize and generate innovative business 
models.  
 9. Implementation of OIZ, TDZ, SIZ and Industrial Zones will be improved to ensure higher 
quality service delivery through proper institutionalization and effective management. 
 10. Essential transformation of artisans and cr aftsmen enforced by the changing economic and 
social circumstances will be supported, while preventing negative impact of malls on smaller 
artisans and craftsmen. 
 11. Activities for becoming co-operatives will be encouraged in order to increase the contribution 
of individuals and small businesses to economic and social development. 
 4 TRADE POLICIES BY SECTOR 
4.1 Agriculture 
4.1.4 Support programmes  According to paragraph 4.18  (page 128)  “Turkey's agriculture support has undergone many 
changes over the last 20 years leading to the maintenance of relatively high supports, at least in 
comparison to other OECD countries.”  
Question 11: 
Could Turkey kindly provide information on possible state support (excluding export subsidies) for 
agricultural products, export of which tends to increase  (according to the Table 4.3 contained in 
Paragraph 4.8, page 123), in particular with respect to the following commodities: 
 
- 1704 (Sugar confectionery, not containing cocoa) and 1806 (Chocolate and other food 
preparations containing cocoa); 
- 1512 (Sunflower-seed, safflower or cotton-seed oil); 
- 0702 (Tomatoes, fresh or chilled). 
 
Turkey’s Answer : Turkey does not provide domestic supports for 1704 (sugar confectionary, not 
containing cocoa), 1512 (sunflower-seed, safflower or cotton seed oil) and 1806 (chocolatte and other food preparations containing cocoa)  
 
For 0702 (tomatoes, fresh or chilled), there is decoupled domestic support in use.  4.1.9 Marketing Boards 
4.1.9.1 Turkish Grain Board 
 Paragraph 4.38 (page 136)  notes that “TMO's activities cover a range of grains and other 
commodities, including wheat, barley, rye, oats, triticale, maize, paddy rice, hazelnuts, and poppy. 
Its role in the grain market is to purchase, hold stocks, and sell as necessary and is determined by annual production and the price situation in Turkey.” 
 
According to the Table 4.3 contained in Paragraph 4.8 (page 123) exports of some agricultural products (related with grain) increased in the 2010-2014 period: wheat or meslin flour - from US$598 to 933 million; pasta, whether or not cooked or stuffed - from US$186 to 507 million; WT/TPR/M/331/Add.1 
 
- 33 - 
 
  bread, pastry, cakes, biscuits and other bakers' wares - from US$487 to 939 million; meat and 
edible offal, of the poultry of heading 01.05 - from US$203 to 651 million.  Question 12:   
Could Turkey kindly provide more detailed informat ion on the activity of the Turkish Grain Board 
concerning stock management and grain purchases for further selling to:  
flour milling enterprises, which produce flour for export; 
flour milling enterprises, which produce flour for further selling to pasta industry and 
confectionery enterprises that export goods of tariff lines 1902 and 1905; enterprises as raw materials for producing feeds designed for poultry industry. 
 
Turkey’s Answer : Depending on domestic demand conditions, grain that is purchased by the 
Turkish Grain Board (TMO) may either be marketed domestically or be exported. TMO imports 
quality wheat in line with needs of domestic market when necessary.  
 TMO’s wheat purchasing activities from the domestic market is carried out in accordance with the 
“Implementing Regulation on TMO’s Purchase and Sale Principles of Grain”. This Implementing 
Regulation is parallel to the EU legislation.   Wheat in the TMO stocks is categorized into quality standards, and sales in the domestic market 
are carried out in line with the needs of processers and the feed market.  
 ADDITIONAL QUESTIONS 
 
Question 13:  
Possibility of weakening protection requiremen ts of the domestic Turkish market and the 
liberalization of access of Ukrainian goods in the framework of the WTO mechanisms. 
 Turkey’s Comment:  Turkey has always been a staunch supporter of the multilateral trading 
system which WTO represents and it has been involved in negotiations towards further trade 
liberalization. To this end, Turkey has actively participated in the Non-Agricultural Market Access 
Negotiations within the context of Doha Develo pment Agenda. Besides, Turkey’s agricultural 
products are 100% bound and Turkey has a transparent and predictable import policy.  
 
Question 14:  
How to avoid complications during the certification of Ukrainian enterprises in Turkey (Turkish 
companies are facing similar problems while supplyi ng goods to Ukraine? Eventual concluding of 
bilateral agreement on mutual recognition of conformity certificates or settlement in the framework of the negotiating FTA.). 
 
Turkey’s Answer : In line with the requirement stemming from the Customs Union, Turkey has 
been continuously aligning with the EU’s technical legislation. This alignment concerns both the technical regulations of products and horizontal legislation on quality infrastructure covering areas 
of standardization, accreditation, conformity assessment, and metrology. 
 Within this context, mutual recognition of conf ormity assessment certificates/procedures between 
Turkey and the EU is possible only on the condition that Turkish Accreditation Agency (TÜRKAK) 
has signed multilateral agreements (MLA) with the European Accreditation in relevant areas. Turkey is fully aligned with the EU’s respective product legislation and the horizontal rules on conformity assessment; and this alignment is confirmed by the Turkey-EU Customs Union Joint 
Committee. 
 Currently, following the structure described abov e, Turkey and the EU has accomplished mutual 
recognition of conformity assessment certificates  for a number of products covered by the EU’s 
New Approach Directives.  
Nevertheless, within the context of the Customs Union, currently Turkey’s practice on mutual 
recognition of the conformity assessment certificates is limited to the EU and the EFTA states, which are applying exactly the same product/horizontal regulation as the EU.  WT/TPR/M/331/Add.1 
 
- 34 - 
 
  EUROPEAN UNION 
WT/TPR/S/331 
 EU Question N°1: 
 Page 13, Future and economic trade policy goals The EU understands that under the Government's Action/Reform plan (46
th Article), certain 
imported medical and pharmaceutical goods will be removed from the list of those reimbursed by 
the State.  
Could Turkey give more details about th e products that would be covered?  
 Turkey’s Answer : Based on the statement “Healthc are tools and equipment and the 
reimbursement, pricing and registration proce sses of strategic and local medicines will be 
improved” in Action No. 46 in the 2016 Action Plan of the 64
th Government, published on 
December 10, 2015 and its explanation as “Import Products to be delisted from the reimbursement list shall be designated, provided th at the provision of treatment is ensured”, the 
sales amount of the products with an import registration which have multiple generics have been 
assessed in line with the Action Plan. In order to avoid a supply shortage in the market, a time frame has been set in the first phase as a result of the meetings held with relevant associations 
and pharmaceutical companies for the localization of products with a domestic manufacturing 
share of 50% and above.   EU Question N°2 : 
 
Page 16 paragraph 1.16 " Turkey dropped five ranks in the "ease of doing business " ranking in 
2016". Economic operators express concerns in terms of legal security that seems to have 
diminished. EU views is that operators are looking for proper application of jurisdiction, 
transparent decisions based on coherent regulations, full application of existing regulations or sufficient period of transition when regulations are changed.  
 
Is Turkey aware of these above mentioned concerns expressed by the economic operators? What are Turkey's  plans in order to addre ss these considerations and 
improve the business climate?   
 
Turkey’s Answer:  Turkey would like to note that above-mentioned concerns on legal security, 
application of jurisdiction or transparency are not measured by the World Bank’s Doing Business 
Report- “ease of doing business index” which is an Index based on limited number of parameters 
on a narrow economic perspective. Although Turkey closely monitors its progress on “ease of doing business index”, Turkey is also very we ll aware of the shortcomings of the Report. 
 
Since 2006’s Doing Business Report, Turkey’s ranking increased 38 steps from 93 to 55. Since 2006, major changes were made on the basic laws such as Turkish Commercial Code, Code of Obligations and Code of Civil Procedure in order to improve the legal and judiciary framework 
which significantly contributed to this progress. 
 Furthermore, Turkey became a crucial participant of global FDI flows with its outstanding 
performance in the last 13 years and managed to host USD 12.7 billion of FDI in this period 
annually. Although global FDI fell sharply in 2014,  Turkey demonstrated a positive performance 
and the amount of FDI was realized as USD 12.5 billion. In 2015, upward trend in FDI inflows have 
pursued with a 32.4% increase and inflows reached up to USD 16.6 billion despite domestic 
election period and persistent regional tensions.  However, Turkey is aware that improving investment climate is an ongoing process. Accordingly, 
improving investment environment is among the priorities of the 64
th Government Program Action 
Plan which is to be completed in 2016 within the framework of Turkey’s strong, sustainable and inclusive growth objectives.  
 
Main objectives of improving the investment climate in the Action Plan are as the following:  
 The transaction costs of both domestic and foreign direct investors will be reduced. 
 The bureaucratic procedures for both domestic and foreign direct investors will be simplified. WT/TPR/M/331/Add.1 
 
- 35 - 
 
   The efficiency of judicial system will be improved. 
 The functioning of market surveillance and cont rol system will be evaluated and an efficient 
implementation mechanism will be established. 
 
Some of the action items towards improving the efficiency of judicial system are set as the 
following: 
 Istanbul Arbitration Center will become functional, 
 Specialized courts especially on financial and IT sectors will be established, 
 The structure and operation of labour courts will be revised, dispute resolution mechanisms 
for labour disputes will be incorporated in Turkish legal system. 
 
In addition, The Development of Business and Investment Environment Programme is being 
implemented as one of the 25 Pr iority Transformation Programmes within the framework of 10th 
Development Plan which covers the period between 2014 and 2018. This programme focuses on 
problems that are of the highest priority and aims to improve existing mechanisms in order to 
reduce uncertainties faced by investors and to foster investments. “Improvement in legal processes” is one of the four components of the Programme with “improvement of bureaucratic 
processes”, “facilitation of investment site prov i s i o n s ” ,  a n d  “ i m p r o v e m e n t  o f  g o v e r n a n c e  o f  t h e  
business and investment environment at the regional level”.  Furthermore, possible concerns of international investors in Turkey are taken into account through 
the Coordination Council for the Improvement of Investment Environment (YOIKK) Platform which 
has been conducting its studies through annual action plans by prioritizing the needs of the private sector regarding investment regulations. The structure and working mechanisms of the YOIKK 
were revised on January 4, 2016 with a view to further increase efficiency of decision making 
process. The chair of the Council was upgraded to  the level of the Deputy Prime Minister and line 
Ministries in charge of investment policies became represented at ministerial level. This recent 
revision of the Council structure strengthened po litical ownership of the reform process to take 
quick and more decisive steps to deal with needs and priorities of private sector while enhancing 
their presence in Turkish market.  
EU Question N°3 : 
 
Page 29, paragraphs 2.9, 2.12 an d 2.13, Trade policy objectives 
The Secretariat reports that " The programme for reducing import dependency aims at reducing the 
foreign trade deficit by supporting domestic production" and that  "Turkey's Input Supply Strategy 
(GITES) aims for, inter alia, promoting the use of domestic inputs and developing strategic 
approaches in public procurement (…) "The Renewable Energy Sources (RES) Law No. 5346, 
providing purchasing guarantees to electricity produced from certain renewable resources at differentiated prices for a period of 10 years" The law stipulates that electricity generation can 
benefit from a Renewable Energy Resources (RER) Support Mechanism, and where domestic 
mechanical and/or electro-mechanical components are used for the generation, the prices shall be 
topped up for a period of five years. The EU notes that the relevant legislation is not listed among the policy outcomes of the GITES listed in paragrap h 2.13. The EU is concerned that the feed in 
tariff for renewable energy is conne cted to a local content policy. 
 Could Turkey precise how the above mentioned measures can be considered as 
compatible with Article III(4)  GATT, Article 2 TRIMS or 3. 1(b) and 3.2 of the SCMA? 
 Turkey’s Answer: Input Supply Strategy (GITES), which is coordinated by the Ministry of 
Economy, does not cover energy sector as energy policies have distinguished characteristics and 
should be handled separately. 
 On the other hand, Law on Utilization of Renewable Energy Sources for the Purpose of Generating 
Electrical Energy was enacted in 2005. The aim of  the Law is to increase the share of renewable 
energy sources in total electricity production. The Law was amended in December 2010 and the article regarding the “use of domestic products” was incorporated in the Law. With this 
amendment, incentives for the use of domestic products are provided for a limited period of time. 
 As a matter of fact, the EU Climate and Energy Package sets a major objective as “Raising the share of EU energy consumption produced from renewable resources to 20% up to 2020”. 
Similarly, Turkey aims to raise renewable energy resource share in electricity production to 30% at WT/TPR/M/331/Add.1 
 
- 36 - 
 
  least, by 2023 according to Electricity Energy Ma rket and Supply Security Strategy Document. In 
order to reach this target and to prevent increase in the current account deficit, Law on Utilization of Renewable Energy Sources for the Purpose of Generating Electrical Energy provides the legislative base to supply an additional tariff fo r the renewable energy produced by using domestic 
equipment. For developing countries, the best solution to reduce the dependence on the imported 
energy is introducing renewable energy which is environmentally friendly and sustainably sourced. 
However, importing this technology from other countries for those which do not have the 
manufacturing technology of renewable energy, leads to another dependency. 
 This application does not require an obligatory use of domestically produced equipment to benefit from the existing feed-in-tariffs (FIT) program. It brings an additional FIT amount for the  local 
products which will help to support the recently starting renewable industry development in the 
country. Also, it will bring an important amount of  job creation to produce this equipment locally, 
either by domestic or foreign companies. 
 
Another important point to mention is that this application is temporary. Only the production facilities in the renewable energy sector, which are commissioned before December 2020, can 
benefit from the application. This additional tariff  i s  p r o v i d e d  f o r  a  t e r m  o f  f i v e  y e a r s  f r o m  t h e  
commissioning of the production facility.  Additionally, it is optional to benefit both from the 10 years feed in tariff guarantee application and 
the 5 years additional price guarantee of the go vernment. The producer can choose to sell the 
energy produced by renewable resources to the market in any suitable way instead of enjoying these incentives. 
 
EU Question N°4 : 
  
Page 38 paragraph 2.49 on business c limate and investment related issues 
The EU views the current conditions which impose that a foreign-owned company must at least hire five local people from the Republic of Turkey for each foreign employee as a real impediment to FDI. At the workplace for which a work permit is requested, at least five persons who are 
citizens of the Republic of Turkey must be em ployed according to the Law N° 4817 on foreigners' 
work permit and the implementing regulation Article 13. In fact we also ask that a foreigner requesting work permit who is a co-partner of a company, must respect the same condition. In the 
sector of tourism, the number of foreigners to be employed by tourism enterprises cannot exceed 
10% of total employees. The ministry can increase this limit to 20%. (i.e. at least five Turks for each foreigner), according to the Law No: 2634 on Tourism Incentives Law, Law No: 4817 on 
foreigners' work permits, Implementing regulation  Article 13). Lastly, the regulation on work 
permits for foreigners under temporary protection” requires that the number of foreigners under temporary protection working at a given workpl ace cannot exceed 10 % of Turkish employees. At 
work places where the total number of employees is less than 10, maximum one foreigner can be 
employed. However, the quota requirement may be lifted, if the employer obtains from a 
competent authority a document certifying that the employer could not find a suitable Turkish 
employee having the same skills in four preceding weeks (Article 8). 
 
Is Turkey aware of the counterproductive e ffect on FDI that the above measures can 
have? Is Turkey considering me asures to facilitate FDI? 
 
Turkey’s Answer: In accordance with Turkey’s GATS co mmitments (GATS/SC/88), administrative 
and technical personnel of a foreign service provider (i.e. “executives-managers” and “specialists” as defined in our Schedule) that are going to be  temporarily employed in the branch, subsidiary, 
affiliate or representative office of that foreign service supplier are required to obtain work permits 
in accordance with the legislation concerning the employment of foreigners. Turkey’s GATS 
commitments do not specify any labour market test for the categories of natural persons in its 
Schedule. Sector-specific limitations on Mode 4 are also specified in the Schedule which include the 
numerical quotas for the foreigners that can be employed by hotels and restaurants covered by Turkey’s GATS commitments. Turkey observes its GATS obligations in the approval process of 
work permits for the employment of foreigners. 
 Turkey aims to improve the core competencies of  qualified workforce of Turkey via its policy 
implementations and also would like to create  an enabling environment to share skills and 
knowledge base between local and foreign employees.  WT/TPR/M/331/Add.1 
 
- 37 - 
 
  The work permit criteria for the foreign personnel to be employed at critical investment projects 
and key personnel, who are qualified foreign expatriates, is more enabling and the work permit process for those are completed in a speedy manne r. The work permits for foreigners in FDI and 
public projects are finalized in 15 days rather than in a month applicable for other/non-qualified 
work permit applications. 
 On the other hand, after the Law no. 6458 on Foreigners and International Protection became 
effective on April 11, 2014, there were substantia l amendments made on the work permit system. 
The most important change is making work permits replace residency permits from the above mentioned date onwards.  
A draft new Law on Work Permits for Foreigners has been prepared and submitted to the 
Parliament on February 9, 2015 since the Law on Work Permits for Foreigners, no. 4817 has no longer met the current needs. The draft Law wa s accepted by the Committee on Health, Family, 
Employment and Social Affairs. The works about th e draft Law is also related to the action items 
88, 89 and 90 of 64
th Government Action Plan: 
 
 The work for “Turquoise (Turkuaz) Card System” shall be completed. 
 Means to attract qualified workforce living abroad shall be promoted. 
 The process for employing foreign experts in R&D projects shall be simplified. 
 
Page 45 paragraph 3.3  pre–arrival declaration in oper ation in Turkey since January 
2012 . 
 
EU Question N°5 : 
 
The EU notes that information about imported spirits, including information on the product, 
manufacturer, ingredients and a copy of the labels, is submitted online prior to their arrival in 
Turkish customs warehouses. Despite the benefits provided by the online measures, the EU is of the view that Turkey’s import documentation requirements could be considerably alleviated.  
Is Turkey considering means to improve im port procedures for spirits importers?  
 Turkey’s Answer: I n  a c c o r d a n c e  w i t h  t h e  “ R e g u l a t i o n  o n  O f f i c i a l  C o n t r o l s  o f  I m p o r t  o f  P l a n t  
Products and Fodder Crops published in the Official Gazette No: 28145,  dated December 17th, 
2011, the importer has to submit a preliminary noti fication via Food Security Information System 
(GGBS) before the actual importation of spirits. The content/component of the product for which 
preliminary notification is submitted and product label are registered in GGBS and the documents 
and the registered information in the GGBS are controlled by the inspectors.   Given the import procedure is carried out electronically, the controls have to be made in 2 
workdays, no additional documents other than certification are required from the exporting 
country, the component/content list and labels ca n be prepared by the exporting country. The 
importation procedures for the spirits are improved to facilitate entrance of products. 
 
EU question N°6: 
 
Page 46 paragraph 3.6 on custom procedures 
The report states that "Turkey is ranked in 62nd place out of 189 economies in the World Bank's  
Doing Business Report 2016 subcategory on "trading across borders"". According to the Report, Turkey requires 13 import documents and the average time to import at the border is 3 days with 
a cost of border compliance of US$655".  
 What measures does Turkey intend to take to reduce those costly delays and possible 
administrative burden? 
 Turkey’s Answer: Turkish Customs Administration takes necessary measures like using risk 
analysis methods and implementing single window  project to reduce import costs. Turkey was 
ranked in 90th place out of 189 economies in the World Bank's Doing Business Report 2015 subcategory on "trading across borders". Accordin g to the 2015 report, Turkey requires 8 import 
documents and the average time to import is 14 da ys with a cost to the importer of US$1,235 per 
container. A Consulting Report on the Review of The World Bank Doing Business Report 2015 was WT/TPR/M/331/Add.1 
 
- 38 - 
 
  prepared in May 2015 by the Internal Audit Depa rtment of the Ministry of Customs and Trade. 
According to the Consulting Report, average time to import is 5 days, required document number 
is 5 and the cost is US$938. Major discrepanci es between the World Bank data and the data 
obtained by the Consulting Activities are: 1) Da ta providers do not have adequate proficiency in 
accurately responding to the detailed questionnaires covering the entire import/export process of 
the customs clearance. 2) There was no participant from the relevant Customs Offices amongst data providers. 3) Data issued by the World Bank are generally deemed accurate without any 
questioning. Nonetheless, World Bank's Doing Business Report 2016 proves that Import costs in 
Turkey are reducing.   EU Question N°7 : 
 
Page  49, paragraph 3.23, Customs valuation  
The Secretariat notes that " there have been no changes during the review period in Turkey's basic 
provisions on customs valuation and that the primary basis for customs value is the transaction 
value".  Also, the report indicates that " the primary basis for customs value is the transaction 
value. The transaction values used by Turkish customs are c.i.f. values ". In some cases, it seems 
that the set value for surveillance are much higher than the selling price.  
 Could Turkey provide information on how va lue-based surveillance is implemented at 
the customs for imports which are below the customs value set for the surveillance but 
lack a surveillance license? Doesn't this give ri se to declarations of a "fictional" customs 
value which is above the actual transaction value by the importers who fail to obtain a 
non-automatic license to be able to import be low the set value? Is it normal that this 
practice does not create difficulties as to  customs value determination and does not 
circumvent the use of the transaction valu e as the primary basis for customs value 
which is defined as price actually paid or payable for the imported goods in Agreement 
on Implementation of Article VII of the GATT,  in compliance with Turkey's obligations?  
 Turkey’s Answer: Purpose of the import surveillance system is to closely monitor and to collect 
specific data regarding the imported products. In many cases, the surveillance is only implemented 
to products below a certain c.i.f.  value in order to make the least effect on other trade. But, there 
are surveillance practices with no set price criteria thus monitoring all trade. This determination is based on the characteristics of the product itself or the target of the surveillance application. 
 
On the other hand, in order to avoid administrative procedures, importers usually submit a customs declaration voluntarily in which the customs value of the imported goods is declared 
above the price threshold set in the surveillance Communiqué. 
 In principle, the primary basis for customs value is the transaction value which is c.i.f. value. Customs declaration above the transaction value is an exceptional case and this declaration is 
made voluntarily by the importers. In the customs value declaration these cases are negligible and 
can be ignored. On the other hand, importers’ specific problems relating to the issuance of surveillance licenses have always been welcome by the Turkish authorities.  
 
EU Question N°8: 
 
It seems that in certain cases the set values for the surveillance are artificial and much higher than 
the market values and consequently, taxes collected at customs are higher than what is normally payable. In particular for VAT, the importer would structurally remain in the position in which it should be reimbursed VAT from the Turkish Administration. It is understood that the importer can 
carry forward that VAT amount to the next fiscal period, however, if the situation is structural, the 
importer will continue to carry forward increasing  amounts of VAT and will never be reimbursed by 
the Turkish Administration. So, eventually, that VAT amount will be a loss for the importer. In 
contrast, for domestic producers, VAT is computed on transaction value. 
 Could Turkey confirm that such a situation ca n happen? If yes, how does Turkey justify 
this with its obligations under Article III of the GATT? 
 Turkey’s Answer: Purpose of the import surveillance system is to closely monitor and to collect 
specific data regarding the imported products. In many cases the surveillance is only implemented 
to products below a certain c.i.f value in order to make the least effect on other trade. But, there WT/TPR/M/331/Add.1 
 
- 39 - 
 
  are surveillance practices with no set price criteria thus monitoring all trade. This determination is 
based on the characteristics of the product itself or the target of the surveillance application.  On the other hand, in order to avoid administrative procedures, importers usually submit a 
customs declaration voluntarily in which the customs value of the imported goods is declared 
above the price threshold set in the surveillance Communiqué. In this case, customs duties and 
the value added tax (VAT) are collected over the value that is normally payable. This is the 
preference of importers as the importers carry forward the VAT amount to the next fiscal period. 
VAT paid by the importers is offset with their receivable other VAT accounts which then lessens the financial burden of the system. It should be no ted here that the surveillance system does not 
create any structural problems and thus does not contradict with Article III of GATT. 
 
EU Question N°9 : 
 
Page 4, paragraph 3.27. 
According to the report  "Turkey has been part of the Pan-European Origin Cumulation System 
since 1999 and that diagonal cumulation has been extended to a number of euro-Mediterranean 
countries. Among them, the report refers to Algeria and Kosovo".  
 Can Turkey confirm the above? If so, can Turkey explain how the above has been enforced given that there is (according to EU information) no agreement between 
Turkey and respectively  Algeria and Kosovo?  
 Turkey’s Answer: As mentioned in para. 3.27, for the diagonal cumulation stipulated in the Pan-
European cumulation system (currently system of Pan-Euro-Mediterranean cumulation of origin) to 
be operational among the Parties, rules of origin need to be identical through the FTAs already in force between them.  
 
Turkey has a network of FTAs with all the member s of the Pan-Euromed system with the exception 
of Kosovo and Algeria. With Kosovo, an FTA is signed and internal ratification procedures have been completed in Turkey. With Algeria, despite Turkey’s all the efforts an FTA process could not 
be initialized due to Algeria’s reluctance. However, that does not hinder the application of the 
system of diagonal cumulation among the rest of the participants.   
EU Question N°10 : 
 
Page 58, paragraph 3.43  provides that " all shipments requiring formal clearance by the Turkish 
customs authorities are subject to a bill of lading fee of US$100 per customs declaration and a 
stamp duty of TL 60.50 for 2015."  The EU would tend to think that this is standard application of 
the customs legislation.  
Could Turkey explain the reasoning behind the imposition of that fee? What is the basis 
for collection of that fee? Are there services supplied ? If yes, which ones and how do 
these services costs compare with the above values? 
 
Turkey’s Answer: Ordino was replaced by bill of lading  in 2000 as a document submission of 
which to the customs office became a necessity to prove the ownership of the goods. However, 
Turkish customs authorities do not impose any fee on the bill of lading. The mentioned services 
cost is only a private law issue between the consignee, consigner and the transporter.  EU Question N°11 : 
 
Page 60 paragraph 3.46  notes that " SCT on imports is primarily collected when goods are 
cleared through customs, and for domestically pr oduced goods upon delivery to the customer" . 
The EU would like to stress that, unlike domestic producers, importers of spirits but also of 
cigarettes, of motor vehicles and of cosmetics (inter alia) do not benefit from a duty deferment period. While local producers can delay payment of excise by several weeks, importers have to pay 
duty before their products can be released onto the market. This puts importers at a competitive 
disadvantage.  WT/TPR/M/331/Add.1 
 
- 40 - 
 
  Does Turkey plan to harmonise SCT payment conditions for imported and domestic 
products? If the answer is positive, when  would this harmonisation take place and 
would it cover all products? If not, what is the rationale?   
 
Turkey’s Answer: According to Special Consumption Tax Law (Law No: 4760), when determining 
the subject of the tax or taxable event, there is no difference between domestic producer or 
importer. Both the domestic producers and importer s of spirits but also of cigarettes, of motor 
vehicles and of cosmetics (inter alia) are taxed under the same status and conditions, in the 
course of production, delivery and importation.  The below lists indicate products where SCT are charged; 
 
-List (I) is related to petroleum products, natural gas, lubricating oil, solvents and 
derivatives of solvents.  
-List (II) is related to land, air and sea vehicles (cars and other vehicles, motorcycles, 
planes, helicopters, yachts etc.) 
-List (III) is related to alcoholic beverages and cola soda pops, cigarettes and other 
tobacco products,  
-List (IV) is related to other consumption goods (caviar, furs, mobile phones, white goods 
and other electrical household machines etc.)  
According to Article 3 of above-mentioned Law, taxable event for goods laid down in List (I) occurs 
on delivery of the goods or conditions regarded as delivery, not on importation.  
For List (II) products, there is no SCT liability on the importation of vehicles subject to recording 
and registration while taxation of their initial acquisition phase. As regards vehicles not subject to recording and registration, SCT liability arises during the phase of importation or during the 
delivery phase for the domestically produced vehicl es. Thus SCT is charged only once during the 
phase of free movement or supply to the market, without any discrimination between the imported 
and domestically manufactured vehicles.  
For List (III) and (IV) products, like cigarettes, spirits and cosmetics, the application of SCT is 
similar to vehicles not subject to recording or registration.   
Therefore, since SCT does not discriminate betwee n domestically produced and imported products, 
we do not see any need for an alteration in the legislation at the moment.  
EU Question N°12 : 
 
Page 66, section 3.1.7.2, Impo rt restrictions and licensing 
The Secretariat refers to work in the Import Licensing Committee and reports that the EU 
requested clarification on certain licensing requirements which were not included in Turkey's 
recent notification, namely: its regime for ol d second-hand renovated goods; its surveillance 
licence regime on imports of certain products and its certificate of conformity regime for supplying 
non-fuel petroleum products from domestic and fo reign sources. In this context, Turkey stated 
that "it will do its best to fulfil its obligations stemming from the WTO agreement on Import Licensing". 
 
Could Turkey clarify whether it intends to notify the abovementioned measures as import licensing requirements? If the an swer is yes, what is the timeframe? 
 
Turkey’s Answer: Turkey is consistent with its previous notification commitment   officially 
declared in its replies to questions posed by the EU. Turkey will noti fy the abovementioned 
measures in its next annual notification. 
 
EU Question N°13 : 
 
Page 66, Import restrictions and licensing and page 72 section 3.1.9.3 on standards and 
alignment to the EU para 3.76 on medical devices  The EU would like to add to the description of  the WTO Secretariat the following information. 
Turkish Ministry of Health in 2009 issued requirem ents that in order for a pharmaceutical product WT/TPR/M/331/Add.1 
 
- 41 - 
 
  to be imported to Turkey the manufacturer must submit a certificate of Good Manufacturing 
Practice (GMP) issued by the Turkish Ministry of Health or an authority of another country with which Turkey has reciprocal certification agreemen t. Therefore, since 1 March 2010, Turkey does 
not accept the EU GMP certificates as it was the case since many years. Instead, the 
manufacturers need to apply and wait to be in spected by the Turkish official inspectors for 
receiving this certificate for the registration of new medicine or variations of existing products. The introduction of this measure and Turkey’s limite d capacity to implement these requirements and 
deliver the GMP certificate within a reasonable period of time, has led to significant delays in the 
registration of new pharmaceutical products in Turkey. These requirements coupled with the limited enforcement capacity of the Turkish authorities are de facto banning imports of new pharmaceutical products to Turkey and have created a huge backlog of de facto unprocessed 
requests.  
 What measures does Turkey in tend to take to remedy the above described situation?  
 
Turkey’s Answer: Pharmaceuticals and Medical Devices Institution under the Ministry of Health of 
Turkey has the competence to inspect just like the other competent authorities in other countries. 
This right has been mentioned for the first time in the GMP Regulation dated 1984 and mentioned 
again in the Article 13 of the ‘’Regulation on Manufacturing Plants of Medicinal Products for Human Use’’, which is currently in force. This Regulation was prepared in accordance with Directive 2001/83/EC of EU through harmonization. In additi on, during the inspections, scientific guidelines 
that are accepted on an international level are used (PIC/S, FDA, ICH guidelines etc.). The GMP 
certification process is conducted whether the manufacturer is foreign or domestic.  
During this process, following amendments were made in order to facilitate and accelerate GMP 
certification process:  
 On 06.03.2015, the period of validity of the GMP inspections of the foreign manufacturing 
plants conducted by the Ministry of Health/t he Agency and/or the GMP certificates that 
were regulated in accordance with the conducted inspections that exceeded the 3-year-validity-period were prolonged starting from 31.12.2009 until 30.06.2016. Thus, 
prolongation of the validity period of certificates available without the need to inspect has 
been provided in the foreign manufacturing facilities that meet the relevant criteria (published and announced as a guideline). 
 
 Furthermore, the number of GMP inspectors and the corporate capability of GMP department 
in the agency have been reinforced. 
 
 Another important progress that has been made is the fact that the agency has formally 
applied for full membership in the PIC/S (Pha rmaceutical Inspection Cooperation Scheme). 
As the Country/Agency that has applied for full membership, all committee meetings of the 
PIC/S are attended regularly. Currently, the document based inspections are finalized and 
“visit and on-site inspection” is being awaited. 
 
 Draft Regulation on Manufacturing Plants of  Medicinal Products for Human Use has been 
reevaluated according to views of stakeholders. And it is planned to be finalized during the 
first half of 2016 and to be sent to European Commission. 
 
EU Question N°14 : 
 
Page 72 Paragraph 3.76 and 3.77  
The EU notes that regulatory changes are still often introduced without prior consultation or 
notification and are often required to be im plemented over tight timeframes which are not 
realistic. This adds unnecessary complexities and uncertainties to the trading environment. The EU 
also is concerned that operators are not informed sufficiently in advance of changes in legislation. 
 What are the measures, if any, that Turkey is taking or intends to take to enhance 
consultations with stakeholders on draft legi slation? What measures is Turkey intending 
to take (if any) to ensure that sufficient time is left to operators to adjust to changes of 
legislation? Could Turkey confirm its intent ion to take into account comments received 
from trading partners and from  relevant stakeholders when preparing its legislation, for 
example when finalising the draft spirit drinks and food labelling legislation? WT/TPR/M/331/Add.1 
 
- 42 - 
 
  Turkey’s Answer: Turkey considers that prior consultation and notification are very important for 
the implementation of the legislation. In acco rdance with the Regulation on Procedures and 
Principles of Preparation of Legislation, pub lished in the Official Gazette numbered 26083 and 
dated 17.02.2006, the authorities shall circulate the dr aft regulations to relevant public institutions 
as well as other stakeholders including universities and NGOs to gather consultations. Besides, 
draft regulations are brought to public attention, if it deems necessary.  
In the harmonized area, Turkey sends its draft legi slation to exchange opinions at the draft stage, 
giving considerably enough time for the Commission to send its comments. Turkey waits for the final comments of the Commission, unless there is  an emergency situation for Turkey. In 2015, 
Turkey has sent 8 draft legislation to the Co mmission in the harmonised area. The opinion 
exchange on this legislation is still going on and Turkey waits for the final positive opinion of the 
Commission before publishing the drafts in the Turkish Official Gazette. In the non-harmonised area, Turkey also sends its draft legislation to the Commission via TRIS database and waits for the 
opinion exchange for a period of 3 months unless there is an emergency situation for Turkey. In 
2015, Turkey has notified 16 draft legislations.  
To illustrate, the rules and conditions regarding the import control system of Turkey are regulated 
by the product-specific Communiqués, which are annually republished. In case, there are changes that require a comprehensive adjustment for the op erators, Turkey takes appropriate measures to 
enhance consultations with stakeholders on draft legislation. For example, draft legislation is 
negotiated by the relevant Ministries and stakehol ders, offered for consideration in writing, posted 
on the web site, and discussed at meetings held with the participation of relevant sector, public and private institutions and Ministries.  
 
The authorities that are responsible for preparation of legislation generally post them on their own 
websites at the draft stage. Hence, the technical regulations are accessible through the websites of 
relevant national authorities. 
 All the legislation, including technical regulations, in Turkey is published in the Official Gazette, and uploaded to the Official Gazette website. Turkish legislation is available through internet and upon 
request, any further information regarding technical regulations is provided by the national enquiry 
point of Turkey the Ministry of Economy under the TBT Agreement. The Enquiry Point promotes 
and urges legislation making authorities to notify draft technical regulation and conformity 
assessment procedures. This process is strengthen ed through information exchange. Furthermore, 
these authorities are reminded of their liabil ity of notifying every new legislation and any 
amendment and update thereof.  
 
As being the national enquiry point of Turkey und er the TBT Agreement, the Ministry of Economy 
(DG Product Safety and Inspection)  has designed a website, www.teknikengel.gov.tr,  to facilitate 
the access to TBT notifications of other countries by private and public sector and to get the 
business opinion on the relevant field. 
 Turkey has been an active supporter and user of  the on-line TBT Notification Submission System 
(TBT NSS).  
 As for the draft spirit drinks and food labeling legislation, Turkey shall notify the draft to the EU 
Commission in a short period of time. 
 EU Question N°15: 
 
Page 79 paragraph 3.106, SPS 
The EU considers that sanitary barriers hinder expo rts of live cattle to Turkey. Turkey requires that 
imports of live bovine must come from countries free from the Bluetongue disease. However, 
Turkey applies these requirements in a discriminatory manner, allowing imports from countries 
with the same epidemiological status than others whose products are prohibited. In addition, Turkey does not accept the import of live cattle from country areas that are considered as free 
from the Bluetongue disease. To EU views, Turkey implements measures that discriminate 
between Members where identical or similar conditions prevail. These measures are not based on international standards, guidelines or recommendations. Turkey does not recognize the concepts of pest or disease-free areas and areas of low pest or disease prevalence. This is not consistent WT/TPR/M/331/Add.1 
 
- 43 - 
 
  with Turkey's obligations under the WTO Agreement on the Application of Sanitary and 
Phytosanitary Measures (SPS Agreement)."  What measures does Turkey plan to ad opt to bring its import conditions and 
administrative import procedures for live cattle, small ruminants and red meat in full 
alignment with international standards and with the WTO Agreement on the Application 
of Sanitary and Phytosanitary Measures?  
 
Turkey’s Answer: The Ministry of Food, Agriculture and Livestock (MFAL) follows its import 
procedures related to live animals and animal products in accordance with the national legislation and standards set by OIE of which Turkey is a memb er. With respect to importation of live bovine 
animals, there is no restriction towards EU Member States with the controlled or negligible BSE 
risk status.   
Following official applications to be made to the MFAL by relevant authorities of countries willing to 
export live animals to Turkey, approval procedure is initiated and in order to ensure the compliance and equivalence with animal health legislation of Turkey, the MFAL carries out 
inspection and/or controls in the exporting co untries, and the countries which are approved are 
included in the list of permitted countries (the list of eligible countries for the importation of bovine animals can be found in the Report by the Secretariat,  page 134, Table 4.13).  
Within this framework, examinations were executed in Belgium, Romania, Bulgaria and Denmark 
in 2015 and upon their approval, Denmark and Belgium were included in the list of permitted countries. 
 
With respect to red meat importation, in accordance with Regulation on Setting Special Rules for Official Controls of Food of Animal Origin prepared in line with Council Regulation of EU 
No:854/2004/EC,  country/region and enterprise lists are formed. Within this context, visits were 
paid to France, Poland and Belgium in 2015.  Health certificate requirements requested from member states do not vary from country to 
country. 
 EU Question N°16: 
 Page 89 paragraph 3.144, Land purchase   
 
Are there any plans or measures foreseen to encourage the acquisition of land by 
foreign investors?  Turkey’s Answer: In Turkey, the real estate acquisition by foreigners is quite liberal as seen in 
the Secretariat Report (Page 195, Table: A2.3). Currently, there are no new plans or measures on 
the acquisition of land by foreign investors.   
EU Question N°17 : 
 
Page 94, paragraph 3.157, subsidies and competition 
The EU understands that the secondary state aid le gislation has not yet been enacted, despite the 
fact that Turkey had undertaken to do so by the end of 2015, at the latest.   Is our above mentioned understanding correc t? If so, what are the reasons for the 
fourth postponement of the deadline for adop tion? When does Turkey intend to enact 
the secondary state aid legislation?   
Turkey’s Answer: Law No. 6015 on Monitoring and Supervision of State Aids is amended by the 
Law No. 6518 on 6 February 2014. The amendments en visage that the Council of Ministers has the 
authority to extend the entry into force of the re gulations regarding notification and supervision of 
state aids twice a year. The Council of Minister s had two consequent decisions one in 2014, the 
other in late 2015. The Council of Ministers extended the entry into force of the secondary regulation until the end of 2015 and then until th e end of 2016 in order to allow aid granting 
institutions to make their adaptations for the newly introduced system. In the meantime, General 
Directorate of State Aids under the Undersecretariat of Treasury pursues a capacity development WT/TPR/M/331/Add.1 
 
- 44 - 
 
  process by training activities and programs held in collaboration with the EU such as TAIEX and 
NEPT (National Expert in Professional Training).  Currently, the secondary legislation (regulations regarding notification and supervision of state ai ds) has to be promulgated by the end of 2016 in 
accordance with the Council of Ministers’ Decision dated 21 December 2015. 
 
EU Question N°18: 
 
Page 82, Paragraph 3.126 on ban of export and re-export. 
In December 2014 a ban on transit trade came into  effect which stopped the re-export of certain 
foodstuffs, including alcoholic drinks, but also tobacco, salt, sugar and bananas, from Turkey. The ban on transit trade had a disruptive effect and costly impact on spirits importers who used to re-
export their products from Turkey to neighboring countries. 
 What is the rationale behind Turkey’s ban on  transit trade for alcoholic beverages? Does 
Turkey intend to lift the ban in the (near) future?  
 Turkey’s Answer: Since 20.12.2014, transit of alcoholic drinks, tobacco and tobacco products, 
banana, tea and meat (except preserved meat)  under warehouse procedure has not been allowed 
based on the reason of high risk of fraud and th e findings of the customs authorities concerning 
the increase in the smuggling of these goods at customs warehouses.    
Turkey has no intention  to lift the ban in the near future . 
 EU Question N°19: 
 Page 96, Paragraph 3.162 "The Ministry of Health uses a reference price sy stem to determine prices of pharmaceuticals using 
the lowest wholesale prices in some EU member States as the reference. Currently, the reference 
prices are converted into Turkish Lira at a fixed rate of TL 2.0787 to the euro". The EU notes that 
the exchange rate for determining drug prices has not been updated to reflect currency changes. This, combined with mandated high discounts, has resulted in significant losses for foreign 
pharmaceutical companies.  
 Does Turkey intend to rectify this situat ion by amending the pricing methodology for 
pharmaceuticals so that it reflects  the currency exchange rates?  
 Turkey’s Answer:  Provision regarding “The rate of 1 (one) Euro in the form of Turkish Lira used 
in the pricing of medicinal products for human us e shall be determined by multiplying the yearly 
average Euro rate that will be calculated based on the indicative daily Euro selling rate of exchange of Ce ntral  Bank of R ep ub l i c  of T urkey whi c h have  be e n p ub lis he d  i n the Offi c i al  G azette  of the previous year with the adjustment coefficient which is 70%. Price Assessment Committee shall 
annually meet on the first 5 (five) workdays of  January and shall announce the rate of 1 (one) 
Euro that will be used in the pricing of medicinal products for human use in accordance with the procedures mentioned above.”  is laid down in Paragraph 2 of Article 2 of the Decision published in  
Official Gazette dated 10.07.2015 No. 7752. Thus, Price Assessment Committee (PAC) decided at 
its meeting on 08.01.2016 to update the rate of 1 (one) Euro from 2.0787 TL to 2.1166 TL.  
In accordance with the provision regarding “The changes in the rate of Euro used in the pricing of 
medicines shall be implemented 45 days after the Committee’s announcement” in Paragraph 3 of Article 7 of the Decision, the date of validity of the rate of Euro that has been raised to 2.1166 TL 
starts from 45 (forty-five) days after PAC’s decision.  
 
Currently, exchange rate used in the pricing of medicines is 2.1166 TL for both locally produced and imported pharmaceutical products.  
 
EU Question N°20 : 
 
Page 111 section 3.3.6 on Intellectual property rights 
 Is Turkey going to take any measures to strengthen the IP laws and fight counterfeiting?  
 WT/TPR/M/331/Add.1 
 
- 45 - 
 
  Turkey’s Answer:  The steps Turkey has taken to strengthen the IP laws and fight against 
counterfeiting can be summarized as follows:  Ministry of Customs and Trade has been engaged in «Border Enforcement of IPR Project» in the 
context of the EU Instrument for Pre-Accession A ssistance. Main objective of the Project is to 
establish a modernized and effective system of border protection of IPR in a way to ensure 
operational control throughout Turkish Customs Territory. 
 
With the amendments to the Turkish Customs La w and its Implementing Provisions in October 
2009, the articles pertaining to customs enforcem ent of IPR have been, to the greatest extent, 
harmonized with that of EU Regulation 1383/2003 which is replaced by the recent EU Regulation 
608/2013. With the aforementioned Project, Ministry  of Customs and Trade will draft the necessary 
amendments for harmonizing national IPR border legislation with the new EU regulation 608/2013. 
 
There is an ongoing process for strengthening the existing IP Decree Laws. New draft law has been 
prepared and it has been made public for co mments till 04/03/2 016. The draft law in Turkish 
language is accessible at www.tpe.gov.tr. 
 Copyright Law (Law on Intellectual and Artistic Works (No. 5846), is undergoing a further amendment by the Ministry of Culture and Tourism in order to take into account developments at national and international level and to fully harmonize it with international conventions and the EU 
acquis. 
 Furthermore, the National Intellectual and Industrial  Property Strategy of Turkey was published in 
Official Gazette dated 04/07/2015 which provides an overall strategy for the sector for 2015-18. It 
has four main goals: legislation and practice in line with Turkey's need to improve intellectual property rights with effective implementation; en suring adequate human and institutional capacity 
for the judicial, customs and law enforcement services actively involved in protecting intellectual 
property rights; to improve the effectiveness of the mechanisms for commercialization, market perception, and infrastructure in developing intellectual property rights; and increase public awareness about the intellectual property rights system, with the target of becoming an 
information and knowledge-based society.  
 Enforcement in the field of copyright and fight against piracy 
 In the field of copyright, as it was reported with  previous documents, Turkey has set up specialized 
Inspection Commissions to combat copyright infringement in its 81 provincial police departments 
and district directorates, which are authorized to inspect pirated goods.  
 With a view to strengthen the administrative capacity and increase the efficiency of  Provincial Inspection Commissions  established for fight against piracy; training seminars on related 
legislation, operation procedures and on securing uniformity in enforcement are being organized 
regularly.  Between 2011 – 2015; 12 regional seminars were organized in cooperation with Ministry of Culture and Tourism and Ministry of Interior, on related legislation, operation 
procedures, application system of banderole and certification, new methods of combating piracy as 
well as of the working procedures and on securing uniformity in enforcement, with the participation of more than 100 representatives of these Commissions for each seminars. 
Participants were instructed in the aforemention ed issues by prosecutors and judges working in 
the field of intellectual property rights.   55 QR code readers being able to detect the authenticity of intellectual and artistic works through 
the brand new banderoles and to access to the rights management information of these works 
were distributed to the Provincial Inspection Commissions from 2012 to 2015 with a view to consolidate the technical infrastructure of combats against piracy. In the meantime, banderole 
security was tightened with the renewed “Encrypte d Laser Code System” pilo ted for the first time 
in 2015 through new banderoles and 200 Laser Code Reader Devices were distributed to 81 provinces of Turkey to render inspections swifter. 
 
Project of Banderole Inspection with Smart Phones  Within the scope of the “Banderole Inspection with Smart Phones Project”, which is initiated with the aim of extending the anti-piracy inspections, a new software is currently being developed in WT/TPR/M/331/Add.1 
 
- 46 - 
 
  order to help officials and concerned citizens to detect the improper or fraudulent banderole use, 
through all iOS or Android based smart phones.  EU Question N°21: 
 Page 116, paragraphs 3.212 and 3.213  regarding a possible change of the law on 
patents and the enforceability of patents protection. 
 
What steps are being taken to improve the clarity of the decisions relating to the 
granting of intellectual property rights by  the Turkish Patent Institute? This is 
specifically related to giving more detailed information as to why a decision has been 
made, to assist with understanding and any potential appeals process. 
 Turkey’s Answer: With regards to patents, examination reports are issued before granting or 
refusing the patent application. In the examination report, a justification is given why the patent is 
granted or rejected. Turkish Patent Institute has already applied to be assigned as international search authority (ISA) before WIPO in 2016. In this context, TPI is implementing the quality 
management system so that the search and examination reports will be reviewed by another 
patent examiner (four eyes principle) and the quality of decisions shall be further improved. 
 As regards trademarks, in 2011 a comprehensive trademark examination guideline has been 
prepared with the participation of stakeholders  and international partners such as OHIM and 
German Federal Patent Court as part of a Twinni ng Project. This trademark examination guideline 
is regularly updated by taking into account emer ging issues, the new case law, and international 
practices. Examination and opposition divisions of TPI use this guideline to provide consistent and 
harmonized decisions and the decisions given by these divisions contain the grounds for refusals. The decisions given by Re-Examination and Evaluation Board also contain detailed reasoning and 
grounds for the decisions also referring to the national and international case law. On the other 
hand, in order to provide transparent, consistent and harmonized decisions regarding trademarks a quality management system has been adopted to evaluate the decisions given by examination division. Senior trademark examiners control and check the quality and consistency of the 
decisions regularly.  In addition, there are re gular weekly meetings among trademark examiners 
working at examination division. There are also meetings between the Trademarks Department,   
legal division and Re-Examination and Evalua tion Board as necessary. Furthermore, TPI 
participates in the Convergence Program administer ed by OHIM that aims approximating decision 
making principles.   
EU Question N°22: 
 
Page 114, paragraph 3.211. The Secretariat states that " Although the copyright law is considered as being substantially aligned 
with international conventions and the EU acquis, the law is undergoing a further review by the 
Ministry of Culture and Tourism in order to take into account developments at national and international level and to fully harmonize it with international conventions and the EU acquis. Key 
aspects of the envisaged amendments include the strengthening of the mechanism to fight digital 
piracy and changes to make collecting societies function more effectively." The EU notes that 
under the Turkish legislation, CMO membership criteria are defined by two requirements: local 
establishment and local production. It is immaterial that foreign producers could set-up 
subsidiaries in Turkey that could be eligible to become full members – few companies have resources to do that and it is not reasonable or proportionate to require foreign producers to establish local subsidiaries solely for the purpose of full membership of a CMO. This is particularly 
unreasonable in the publishing and music industry, where there is a high number of SMEs.  
 Could Turkey inform about the scheme for the collection and distribution of private copy 
levies? 
 Turkey’s Answer:  According to Article 44 of the Copyright Law (Law on Intellectual and Artistic 
Works (No. 5846), natural and legal persons who manufacture or import for commercial purposes 
any kind of materials such as blank cassettes , computer discs, CDs, DVDs and any kind of 
technical devices enabling reproduction of works are obliged to deposit a certain amount which is not exceeding 3% of the manufacturing or importat ion costs. (Decision of the Council of Ministers WT/TPR/M/331/Add.1 
 
- 47 - 
 
  No. 2013/5260 on Determining the Amount to be De ducted from the Production or Importation 
Costs).  
Definition Percentage 
Machinery and devices peculiar to printing and other copying devices (Scanner, Fax Machine, Printer, Photocopier) 0,5% 
Automatic data processing machinery and units peculiar to them, 
(Hard Discs) 0,5% 
Sound recording devices 3% 
Video recording devices  2% 
Blank carrying materials used for sounds, images or similar 
records (CD, VCD,DVD, Audio Tape (Cassette), Video Tape, Memory Cards 3% 
 
One quarter of the amount (¼) shall be transfe rred to the general budget. The remaining amount 
(¾) shall be used for strengthening IPR system and supporting cultural and artistic activities within 
the frame of the provisions of the Regulation on  “Procedures and Principles Regarding the Use of 
Deductions Made from the Costs of Blank Carrying Materials and Technical Devices Used to Copy of 
Works”. 
 EU Question N°23 : 
 
Does Turkey contemplate a revision of its legislation in order to comply with CMOs’ 
obligations and put an end to this above mentioned discrimination and open membership to all right holders eligible for pr otection in Turkey if they fulfil objectively 
justified membership criteria? 
 Turkey’s Answer:  Ministry of Culture and Tourism has b een working on amendments for the Law 
No. 5846, “Intellectual and Artistic Works”. In th is context, in line with the amendments on the 
main Law, secondary legislations regarding collective management organizations will be revised and updated. Within the context of this process, the issue of open membership to all right holders 
will also be considered. 
 
EU Question N°24: 
 
More generally, as regards the collective ma nagement of rights, does Turkey promote 
the transparency of collective management or ganisations, in partic ular as regards the 
revenues they collect, deductions applied to  such income, the use of the royalties 
collected, the distribution policy and their re pertoire? What plans does Turkey have for 
the distribution of copyright levy revenues?   Turkey’s Answer: Duties and responsibilities of collective management organisations (CMOs) are 
clearly listed in the Law on Intellectual and Artistic Works and Regulation on Collecting Societies 
and Federations. According to Turkish Copyright Law, collective management organisations shall notify the Ministry of Culture and Tourism of all the information concerning their members and 
repertoires they represent as well as update this information, every three months, which shall be 
open to concerned parties. Additionally, they shall give the above mentioned information to persons who make written requests.  
 
On the other hand, CMO’s shall send written information about distribution plans to the Ministry. This information also includes total revenues they collect.   
The amount of deductions applied to income and distribution rules shall be stated at the Statutes 
and internal directives of CMOs, which is determined by the General Assembly. These rules are open to public via their own web sites.  
 
EU Question N°25 : 
 
Table 3.44 “Summary of Turkey's protec tion of intellectual property rights" 
Exclusions of patentability include: discoveries, scientific theories and mathematical methods, games, surgical techniques, and plant and animal sp ecies, or methods of plant or animal breeding 
based on biological principles". WT/TPR/M/331/Add.1 
 
- 48 - 
 
  Could Turkey provide details on these above listed exclusions, notably the approach to 
biotechnological inventions, the secondary medical uses and combination products? Does the Turkish legislation on patent exp licitly define these types of inventions?  
 
Turkey’s Answer: In the Turkish Patent Decree Law, there is no provision indicating that 
secondary medical use is not patentable. Similarly, the Decree Law does not prohibit the patentability of biotechnological inventions. Inventions related to secondary medical uses and 
biotechnologies are patentable as long as they fulfil the patentability requirements. 
 EU Question N°26: 
 
As regards the protection of undisclosed information, the EU notes that the data exclusivity period 
of six years starts as of the first registration date in the Customs Union Area. Moreover, with regard to medicinal products for human use which benefit from patent protection in Turkey, the 
data exclusivity period is limited to the term of the patent. Turkey sets the starting date of the 
Regulatory Data Protection period with the first authorization in the Customs Union, and not to the first authorization in Turkey .  
 
Considering the extended regulatory approval  times and delays that could take two to 
three years to register, does Turkey plan to change the starting date of the data 
exclusivity period from the date of first authorization in the Customs Union to the first 
authorization date in Turkey? 
 Turkey’s Answer : As a candidate member to the Europe an Union, Turkey harmonized the EU 
Directives 2001/83/EC and set the duration of the data exclusivity as six years accordingly. But 
afterwards, EU has extended the duration to (8 + 2 + 1) for member states, and provided 
transition period to some new member states. This issue is the subject to further negotiotions for 
full membership with the EU. Currently, Turkey does not plan to make any changes on this 
provision.  EU Question N°27:  
 Regulatory Data Protection is limited to the period of patent protection which can 
significantly shorten this period. Does Tu rkey envisage reforming this mechanism? 
 
Turkey’s Answer:  Turkish legislation on data protection is compatible with the standards set 
forth in Article 39.3 of TRIPS. Additionally, Turkey put in to force a data exclusivity provision in 
2005 for pharmaceutical products. Currently, Turkey does not plan to make any change on this 
provision.  EU Question N°28: 
 Page 118 Section 3.225 Counterfeiting issues  
What actions is Turkey taking to prevent the manufacture of counterfeit goods within 
the country? What actions is Turkey taking to prevent the transit of counterfeit goods 
through the country?  
 
Turkey’s Answer:  In order to effectively fight against the Intellectual Property Crimes, almost 
7000 staff were trained by the Ministry of Interior on IP Crime Expertise, Bandrole Database and Bandrole Validity Appraisal Commissions since 2010. The staff continously informed by workshops, 
seminars and regional meetings. 
 Number of operations are carried out regarding IPR protection, seizure of pirated goods, 
counterfeit food and beverages, illegal importation of counterfeit goods with the coordination of 
Turkish National Police and participation of various countries.  
Besides, according to the Article 101 of the Im plementing Regulation of the Customs Code 
pertaining to border enforcement of IPR, cu stoms authorities proceed according to border 
enforcement of IPR provisions related with g oods which are subject to any customs approved 
treatment or use, including goods changing vehicle in Turkish Customs Territory, when these goods 
are suspected of infringing intellectual property ri ghts or are in nature of infringing those rights. WT/TPR/M/331/Add.1 
 
- 49 - 
 
  Regarding market surveillance activities, the Minist ry of Customs and Trade is responsible for the 
safety of consumer products. In addition, protec tion of trademarks is subject to “Decree Law 
No.556 Pertaining to the Protection of Trademarks”.  
Vehicle Tracking Systems (VTS) are used for transi t of goods which possess high risk of smuggling, 
according to Annex 33 of Customs Regulation. If found suspicious, customs officers use VTS in 
order to prevent transit of counterfeit goods. 
 
Vehicles in transit are followed with the VTS devices both at the local level and the Command and Control Centre located in Ankara. Transit vehicles coming to/going from the country are scanned by x-ray equipment at the sea ports and land border  gates. In addition, the vehicles in transit are 
controlled by density measurement devices, videoscopes, mobile monitoring systems, closed 
circuit TV systems (CCTV), plate recognition systems, etc.  
EU Question N°29: 
 
Page 119, paragraph 3.234  
Judicial procedures concerning trademark infringements are reported with experience as very slow 
and cumbersome. One of the reasons is that in  many cases experts need to be involved".  The EU 
welcomes that Turkey recognised the slow judi ciary process as one of the weaknesses of the 
enforcement systems. The use of experts seems to be  due to a lack of judicial specialisation on 
IPR. 
 How does Turkey plan to tackle this? How does Turkey plan to speed up and streamline 
civil judicial procedures concer ning trademark infringements?  
 Turkey’s Answer: Average judicial process in Civil Courts of Intellectual and Industrial Rights was 
reduced to 377 in 2014 from its 2013 level of 425. Statistics regarding 2015 is not yet published. 
 Within the scope of the European Union Pre-Acce ssion Assistance Instrument (IPA), “Improved 
Court Expert System Twinning Project” was conducted with German IRZ Foundation in 
coordination with the DG for Civil Affairs of the Ministry of Justice since the beginning of 2013 in 
order to develop court expert system. With this Project, it was aimed to:  
 Decrease the number of recourse to court expert, 
 Minimize the number of additional reports,  
 Reduce the objections to court expert reports to minimum,  
 Increase the quality of court experts,  
 Shorten the duration of judicial procedures, 
 and official closing meeting of the project was conducted on 23/06/2015.  
 
With the above-mentioned Project, symposiums, conferences and study meetings were held in 
designated pilot cities so as to settle problems arising from court expert system in civil and an 
administrative justice, and in various cities by br inging all actors of judiciary together; problems 
arising from court expertise were identified and so lution offers were collected. A large number of 
court experts from different fields received training and its certification was ensured. 
 
Studies started with regard to the “Activity of Strengthening the Institutional Capacity of Court Experts”, which was included in the 2015 Programming as the second stage of the completed “Improved Court Expert System Twinning Project”. 
 
The new project aims to improve the current defi ciencies of the court expert system, which are 
already stated as priorities in the revised Judicial Reform Strategy. Under the Activity, a 
compulsory Basic Court Expert Training Curriculum will be devised, comprising basic principles of 
law and procedural law, reporting techniques as well as inspection principles and ethic codes for court experts. The institutional capacity of court experts will be strengthened through defining 4 
problematic areas, which are labour law (accidents) cases in civil justice, traffic accident cases, 
malpractice cases in criminal justice and public works/construction cases in administrative justice, in order to be used as corrective measures for the planned new draft law on court experts. The result of the IPA I Project regarding the quality of expert reports as well as attitudes of WT/TPR/M/331/Add.1 
 
- 50 - 
 
  judges/prosecutors on expert system requires the ex pert system to be improved and will be used 
as a baseline.   Moreover, in 2016 Action Plan of the 64th Government which was made public on 10 December 
2015, it was announced that court expert practice would be re-addressed. In this scope, “Draft 
Law on Court Expert” was prepared by conducting a study on court experts for the identification of problems with broad participation by the Ministry of  Justice. In addition to arrangements which will 
prevent sharing of jurisdiction of judges with co urt experts  and prevent taking of court expert 
reports on the issues which may be resolved with professional knowledge of a judge, the Draft contains provisions for developing accreditation system for court experts by determining expertise areas of court experts, determining standards fo r the selection and assignment of court experts 
and moving into the system of certification.  
 With regard to “improving the civil and criminal justice systems goal”, one of the objectives of 
Judicial Reform Strategy ( http://www.sgb.adalet.gov.tr/Yargi- Reformu-Stratejisi_2015_ingilizce. 
pdf) which was declared to the public by Prime Minister on April 17, 2015, is “revising and 
restructuring the court expert system”.  
 
The strategies under this objective are as follows: 
 The identification of the problems experienced within court expert institution and conducting 
 studies for their solution, 
 Training of judges and prosecutors regarding the court expert practices, 
 Setting the objective selection of court experts for objective criteria and setting out quality 
 standards,  
 Establishing an institutional structure that will manage the process of accreditation and 
 certification when preparing an  expert list or registry  
 Collaborating with universities, bar associations and professional associations, 
 Establishing an effective judicial expert audit system,  
 Updating the legislative infrastructure of Forensic Medicine Institution,  
 Proceeding with the strengthening of the capacity of Forensic Medicine Institution in terms of 
 physical infrastructure and human resources and disseminating the services 
throughout the  country,  
 Ensuring the drafting of forensic medicine repo rts within the framework of European Court of 
 Human Rights’ jurisprudence,  
 Preventing the deferrals regarding the reports th at should be prepared after judicial medical 
 examination,  
 Proceeding with the works regarding the accreditation of forensic sciences laboratories,  
 Establishing forensic science academies,  
 Conducting legislative works regarding the court expertise, 
 English versions of some provisions governing court expert in the Civil Procedure Code, no.6100, 
which entered into force on 1 October 2011, are presented as Annex. 
 EU Question N°30: 
 Does Turkey envisage the establishment of an  independent body to assess a list of the 
experts specialized in the related fields of commerce and be able to prepare reliable and 
impartial written reports about the seized materials? 
 Turkey’s Answer: It is foreseen to establish a Department and a Court Expert Advisory Board 
within the Ministry of Justice to ensure the selection, certification, accreditation of qualified court 
experts, selection of proper and qualified court experts by determining the main and sub expertise 
areas in the Draft Law on Court Expert pr epared by the Ministry of Justice.  
 
Advisory Board will provide solution offers abou t the problems experienced in the performance of 
court expert services. Main duties of the Department are as follows: 
 Identifying the main and sub expertise areas in court expert services  
 Determining the qualities required to be posse ssed by court experts based on main and sub 
expertise areas  
 Determining ethical principles required to be followed in performance of their duties  
 Determining guiding principles to be followed an d standard of the reports to be prepared by 
court experts based on main and sub expertise areas WT/TPR/M/331/Add.1 
 
- 51 - 
 
   Determining procedures and principles regarding basic training of court experts, authorising 
educational institutions and other institutions which will provide training and listing these institutions and organisations and publishing them electronically 
 Determining procedures and principles regarding to  be exempt from training or registered in 
the list by having regard to their expertise and scientific qualifications  
 Determining procedures and principles regardin g the audit and performance of court experts  
 Determining procedures and principles regarding admission to court expert  
 Determining number of works which will be monthly handled by court experts according to 
their main and sub expertise  
 Determining the qualities required to be possessed by private law legal entities and people 
who will work as court expert within this legal entity  
 Authorising or cancelling the activities of priv ate law legal entities, auditing their activities 
and reports  
 Determining main and sub expertise areas and ju dicial districts and formulating their lists  
 Preparing annual activity report and the activity plan of th e following year  
 Monitoring practices relating to court expert, id entifying problems, developing solution offers  
 Collecting any statistical data in the field of court expertise and conducting planning 
regarding this field  
 Keeping the register and list of court expertise  
 Keeping a list, and publishing, of those remo ved and those prohibited from being court 
experts.  
 
EU Question N°31: 
 
Page 131 Paragraph 4.1.6  states that " Turkey has not notified export subsidies to the WTO 
Committee on Agriculture during the review peri od. Further to that, Nairobi WTO Ministerial 
Decision on Export Competition states in footnote 5 that "Notwithstanding this paragraph, a 
developing country Member shall eliminate its ex port subsidy entitlements by the end of 2022 for 
products or groups of products for which it has no tified export subsidies in one of its three latest 
export subsidy notifications examined by the Committee on Agriculture before the date of adoption of this Decision." Finally, paragraph 10 of the same Ministerial Decision establishes that "Members 
shall seek not to raise their export subsidies beyond the average level of the past five years on a 
product basis."    
 
Does Turkey intend to submit export subsidie s notifications covering the last five years 
to the WTO Committee on Agriculture, for the purpose of verification of compliance in 
accordance with paragraph 10 of the same Ministerial Decision? 
 
Turkey’s Answer: Turkey will comply with its notification  requirements by the next meeting of 
the Committee on Agriculture which will be held on 7-8 June, 2016.  
EU Question N°32: 
 
Is Turkey going to make use of footnote 5 of the Nairobi WTO Ministerial Decision on 
Export Competition? 
 Turkey’s Answer: As one of the developing countries with export subsidy reduction 
commitments, Turkey is going to benefit from the longer time-frame  extended through the 
footnote 5 of the Nairobi Ministerial Decision on Export Competition to eliminate export subsidy entitlements,  for some products or groups of products.    
 
EU Question N°33 : 
 
Paragraph 4.25  refers to Turkey's export subsidies which are provided to develop Turkey's 
export potential in processed agricultural products." The subsidies take the form of a deduction of 
debts to public corporations (taxes, social  insurance premium costs, energy costs, 
telecommunication costs) from the subsidy entitlement. Goods eligible are those of Turkish origin 
and products may be exported to all markets". However, information obtained at public media 
refers to the fact that Turkish government would be subsidising their exports of Food & Vegetable to compensate for the loss of the Russian market
15. The aids seem to be regulated by a Turkish 
                                               
15 (http://www.fruitnet.com/eurofruit/article/167897/turkey-helps-out-exporters ). WT/TPR/M/331/Add.1 
 
- 52 - 
 
  law applicable from 1 January 2016 and consist of subsidies per tonne of fruits (fresh, canned or 
frozen), dried fruit, fruit juice and vegetable. This seems to be in contradiction with the above paragraph of the WTO report related to export subsidies.  
Could Turkey confirm whether such types of export subsidies are currently in place? Will 
Turkey notify these export subsidies in  accordance to the WTO transparency 
obligations? 
 
Answer:  No export subsidies have been granted to compensate any loss of the Russian market. 
 EU Question N°34: 
 Notifications on the Subsides and Countervailing Measures Agreement do not mention citrus fruits as eligible products. 
 
Could Turkey confirm that no subsidy has b een granted to citrus fruits since 1999?  
 
Turkey’s Answer:  Turkey confirms that no subsidy has been granted to citrus fruit since 1999. 
 EU Question N°35: 
 
Pursuant to its subsidy notifications to the Committee on Subsides and Countervailing Measures, 
Turkey's export subsidies vary significantly depend ing upon the product. During the review period 
there have been no changes in the percentage shar e of the products eligible to receive the subsidy 
during 2013-15. Since 2013, the export subsidy rate notified has been changed from U.S. dollars 
to Turkish Lira. The maximum payment rate has declined slightly in a number of cases (Table 4.10). According to the authorities, Turkey's WTO commitments and its budgetary 
constraints determine the percentage share eligible to receive the subsidy and its variations. 
Although Turkey has notified it s export subsidies to the Committee on Subsides and Countervailing 
Measures on 2015, the fact is that it performs this notification not using absolute values but percentages. The notification on absolute values would be desirable in order to know the amount 
of subsidized export. 
 Could Turkey confirm that since 2000, its budgetary outlays and eligible quantity 
referring to export subsidies have re mained in line with its commitments?  
 Turkey’s Answer:  Turkey is ready to fulfill its export subsidy notification commitments by the 
upcoming meeting of the Committee on Agriculture where all members will be informed on the 
level of compliance.  EU Question N°36: 
 Page 126 Section 4.16, domestic  support on Agriculture. 
When does Turkey intend notify domestic support subsidies in agriculture (DS:1)?  
 
Turkey’s Answer:  Turkey has started a work program to notify its pending agricultural sector 
support programs, on a gradual basis.  
 
In due course, we are looking for understandi ng of all members to complete this work. 
 EU Question N°37:  
 Could Turkey clarify its agricultural polic y strategy against the background of the 
increase of its coupled (output-based) pa yments, which are, according to the WTO 
understanding, supposed to be trade distortive (see paragraph 4.18)?  
 Turkey’s Answer: As mentioned by the Secretariat Report, Turkey’s agricultural support has 
undergone many changes over the last 20 years. 
 Although the Report notes increase for the PSE ov er the review period, it should be emphasized 
t h a t  i t  i s  c a l c u l a t e d  b y  t h e  O E C D  u s i n g  d i f f e r e n t  parameters than that of the trade distorting 
support calculation method of WTO AoA. WT/TPR/M/331/Add.1 
 
- 53 - 
 
  As an indicator of the annual monetary value of  gross transfers from consumers and taxpayers to 
support agricultural producers, PSE provides an indication rather than an actual use of any 
support.   
Paragraph 4.18 evaluates Turkey’s agricultural su pport based on OECD calculations. Higher PSE 
rates  in OECD calculations may stem from increase in the number of products covered by support programmes as well as other parameters taken for PSE calculations. As is known, the important 
point in amber box calculations is not the num ber of products covered but the ratio between 
support amount and value of the production.   Agricultural support policies in Turkey are implem ented in a way that promotes production in the 
most suitable basin. What is important to note is that the main purpose of basin based support 
programmes is not increasing production level but shifting production to more suitable areas. Agricultural basins are determined by MFAL based on number of criteria, including, climate, soil, 
topography, land classes and land usage.  
 EU Question N°38:  
 Could Turkey confirm that its Aggregate Meas ure of Support (AMS) constantly remained 
since 2002 below the de minimis level?   
Turkey’s Answer: Turkey has started a work program to notify its pending agricultural sector 
support programs, on a gradual basis.   
In due course, we are looking for understandi ng of all members to complete this work. 
 EU Question N°39:  
 Could Turkey indicate the Value of Production for each of the products listed in Table 4.8 
on page 128 for the year 2014?   
Turkey’s Answer: Turkey has started a work program to notify its pending agricultural sector 
support programs, on a gradual basis.  
 
In due course,  we are looking for understandi ng of all members to complete this work. 
 EU Question N°40: 
 Could Turkey specify the total input subsid ies for the years 2011 to 2014 (2,233 billion 
TL) provided for Fuels subsidies, Fertiliser, Certified Seed support and soil analyses?  
 
Turkey’s Answer: The input subsidies which are mentioned at page 128, Table 4.8 of the 
Secreteriat Report are paid on an area basis. For the details, one may refer to the website of MFAL. 
 
EU Question N°41:  
 
Could Turkey indicate the total budget outlay  for all the products above-listed for the 
year 2014?  Turkey’s Answer: Turkey has started a work program to notify its pending agricultural sector 
support programs, on a gradual basis.  
 In due course, we are looking for understandi ng of all members to complete this work. 
 
EU Question N°42 : 
 
Paragraph 4.1.8.1   
 The report indicates that total payments for area based income in the years 2010-2015 totalled 3.57 billion TL. However in table 4.8 no amount is mentioned for Hazelnuts. 
 WT/TPR/M/331/Add.1 
 
- 54 - 
 
  Is this amount of 3.57 billion TL in additi on to the amounts mentioned in table 4.8? 
 Turkey’s Answer: Support given to hazelnuts is additional to the amount mentioned in Table 4.8. 
of the Secretariat Report.  
 
EU Question N°43 : 
 
Para 4.1.9.1  refers to the Turkish Grain Board (TMO).  
The EU asked, during the last TPR of Turkey in 2012, extensive information and clarification about the functioning of the TMO, including confirmation  that the purchasing prices announced by the 
TMO are those used as administered prices in the calculation of Turkey's market price support in 
the domestic support notifications.  
 Could Turkey confirm that the purchasing pr ices announced by the TMO are those used 
as administered prices in the calculation of Turkey's market price support in the 
domestic support notifications?   
 
Turkey’s Answer: Purchasing prices announced by the TMO are not administered but market 
based prices. Thus, Turkey does not include TMOs purchasing prices in the calculation of its domestic supports.  
 
EU Question N°44 : 
 
On 17 December 2015 the government of Turkey has announced the paddy purchasing price for 
2015-16 at around TL 1,580 (around $534) per ton. This leads to the following: 
 Could Turkey indicate how many tons benefi tted from this and the total cost for TMO 
that this measure represents?  
 Turkey’s Answer: Prices announced for the paddy purchasing were not set by the Government. 
They are determined by TMO’s Board of Director s. Since the 2015-16 season has just started, 
there is no way to know how many tones any company including TMO in Turkey may buy.  
 EU Question N°45: 
 How will Turkey implement the Nairobi decision on Export Competition with respect to 
its agricultural State Trading Enterprises?  
 
Turkey’s Answer: Ministerial Decision on Export Competition adopted at Nairobi includes 
disciplines  on agricultural exporting State Trading Enterprises  so as to ensure that their operations do not circumvent  any other disciplines contained in the said Decision and that the use 
of export monopoly power is exercised  in a manner  that minimizes  trade distorting effects, 
among others.  
As the Report by the Secretariat notes there are four marketing boards in Turkey for agricultural 
products, each with autonomous status and simple regulatory authorities in their respective markets. Neither of them can be considered as the user of export monopoly power within the 
meaning of paragraph 21 of the Ministerial Decision on Export Competition.  
 EU Question N°46:  
 
Does Turkey intend to modify the functioning of its TMO agency so as to respect its WTO 
obligations under the Nairobi decision on Ex port competition, in particular paragraph 
20? 
 
Turkey’s Answer: Paragraph 20 of the Nairobi Ministerial Decision on Export Competition notes 
that Members shall ensure that agricultural export ing state trading enterprises do not operate in a 
manner that circumvents any other disciplines contained in that Decision. It is further noted in the 
paragraph 21 of the same Decision that members shall make their best efforts to ensure that the use of export monopoly power by agricultural expo rting state trading enterprises is exercised in a 
manner that minimizes trade distorting effects and does not result in displacing  or impeding the 
exports of another member.  WT/TPR/M/331/Add.1 
 
- 55 - 
 
  Please note that TMO as a fully autonomous entity in its commercial activities neither operates as 
the sole buyer or seller in the domestic market nor holds an export monopoly status. In other 
words, functioning of the TMO does not contradict with the letter and spirit of the Nairobi 
Ministerial Decision on Export Competition. 
 
EU Question N°47: 
 
Paragraph 4.1.9.3  refers to the Meat and Milk Board-ESK. This board holds the rights and 
decides among others, on the distribution of import licenses.   How can the Turkish authorities ensure that th e control, distribution and use of licenses 
are not taken on a non-arbitrary, transp arent and non-discriminatory way as in 
accordance with WTO provisions?  
Turkey’s Answer: Import licenses for the importation of meat by ESK were issued only in 2015.  
 Control, distribution and use of licenses are in accordance with WTO provisions.   
 
EU Question N°48: 
 What is the share of ESK in Turkey's produc tion of meat, number of slaughtering's and 
share of sales of meat in Turkey? How are pr ofits and losses from these operations used 
and eventually covered by the government?   
Turkey’s Answer: The share of ESK in total meat production in Turkey was reported as 1.43% in 
2015.   
By the same year, the number of slaughtering was 60,542 (1.61%) for bovine and 124,465 
(1.8%) for cattle and sheep.  No loss was reported by the ESK out of its activities in 2015.  
 
EU Question N°49: 
 
Page 138, section 4.44   
The ESK has been given exclusive right to import meat under tariff quotas. Once allocated the import right the ESK is not obliged to actually use the import right and can simply refrain from 
importing.  
 How can Turkey reconcile this non-use of im port rights with its obligation to respect 
WTO international provisions? Is this practice  also applied by Turkey in other sectors? 
 
Turkey’s Answer: Procedures and principles related to th e administration and allocation of the 
TRQs are determined through the Communiques pub lished in the Official Journal. Meat and Milk 
Board has been listed as the institution with priority in allocation with respect to the tariff quotas 
for meat. In this regard, if Meat and Milk Board applies for the TRQ, the import license is issued to the Meat and Milk Board. The administration of the TRQs is transparent and known by everyone in 
detail. Depending on the market conditions, Meat and Milk Board in some cases may not   use the 
import licence despite its all efforts to utilize it timely. The Board does not consider non-utilization of the TRQs as a policy tool.  
At present, there is no such practice in other sectors/goods.  
 EU Question N°50 : 
 
Page 131. Paragraphs 4.24- 4.25 and Tabl e 4.10. Export subsidies and fisheries 
subsidies 
Reference is done to the information contained in the table 4.10 on export and fisheries subsidies. 
Recalling that Art. 3 of the Agreement on Subsid ies and Countervailing Measures provides: "Except 
as provided in the Agreement on Agriculture, the following subsidies, within the meaning of Article 
1, shall be prohibited: (a) subsidies contingent, in law or in fact, whether solely or as one of 
several other conditions, upon export performance; (b) subsidies contingent, whether solely or as WT/TPR/M/331/Add.1 
 
- 56 - 
 
  one of several other conditions, upon the use of domestic over imported goods", the EU would like 
to ask:  How does Turkey justify granting export subs idies to fisheries products in view of the 
disciplines in Article 3 of the SCM Agreem ent? Why are those subsidies limited to 
products of Turkish origin?   
Turkey’s Answer:  Turkey is entitled to grant export subsidy to prepared or preserved fish, 
crustaceans and molluscs under HS 16.04, which is included in the export subsidy commitment 
schedule of Turkey.  
EU Question N°51: 
 
Page 146 Telecoms and postal services . 
The EU notes that for a few months now, some postal service enterprises have encountered the 
following problems when delivering so-called economy packages (non-priority deliveries) by road in Turkey: upon arrival, Turkish customs authorities have repeatedly complained that CN 
documents (UPU documents) in combination with the CMR (document for transport by road) do 
not provide sufficient documentation for mail to be carried across the border into Turkey. Turkish customs authorities demand that under customs law mail be declared as freight by using a so-called T document (transit declaration). However, this is not consistent with UPU rules which state 
that under the Universal Postal Convention CN documents and CMR are recognised as 
documentation for international mail that is sent by road. All countries accept these rules except the Turkish customs authorities. This conduct results in unnecessary delays and extra work. 
 
What are the views of Turkey on the above? What measures are considered to improve situation and take into account the rule s of the Universal Postal Convention. 
 
Turkey’s Answer: Turkey fails to find a reference with re gards to telecoms in the mentioned page 
and to postal services throughout the whole Se cretariat Report. Still, although there are no 
complaints or submissions received from postal service enterprises regarding the mentioned 
implementation, Turkey would like to express its good will in examining the situation.  
 EU Question N°52:  
 
Page 163, paragraph 4.3.3., Telecommunications  
The EU would like to add to information provided by the Secretariat that Turkey imposed local 
content requirements in the tender specifications defined for the 4.5 G mobile tender that was 
concluded in August 2015. Local content requirement ratios for the hardware and software investments were set as 30%, 40% and 45% for the first three years respectively. Additionally, operators were required to procure at least 10% of their investment-related product materials 
from small and medium sized enterprises (SMEs)  that are established and manufacturing in 
Turkey.   
How does Turkey consider the compatibility of these local content requirements with its 
obligations under WTO law (including in  particular the TRIMS agreement)?  
 
Turkey’s Answer: Telecommunication services is a strategic sector providing necessary 
infrastructure for the conduct of a wide range of economic activities. Therefore, strengthening the 
telecommunications sector and the infrastructure is a strategic objective of the Turkish Government.  
 
In accordance with the Electronic Communications Law No: 5809, authorization for the installation 
and operation of any kind of electronic communications equipment, systems and networks; 
assignment of the necessary frequencies, numbers, satellite positions and associated resources 
and the arrangements thereof are under the State’s terms of reference. When granting the right of 
use for scarce resources such as frequencies, certain principles are to be observed, including the 
creation and maintenance of an open and competit ive environment, protection of consumer rights 
and interests, consideration of the objectives of  development plans and government programs as 
well as the strategies and policies set by the Mi nistry of Transport, Communications and Maritime 
Affairs, and ensuring non-discrimination among subscribers, users and operators who are under 
the same conditions. WT/TPR/M/331/Add.1 
 
- 57 - 
 
  The authorization process for the allocation of 4.5 G frequency bands was conducted in line with 
the principles set by the Electronic Communications Law, and the conditions imposed on the mobile operators are non-discriminatory. Turkey neither imposes foreign equity restrictions in the telecommunications market, nor discriminates on the basis of foreign equity participation. 
 
EU Question N°53 : 
 
Paragraph 4.165   
"The Ministry is responsible for implementing the universal telecommunication services, while Türk 
Telekom is responsible for providing such services and auditing the quality and standard of them." 
 
Could Turkey please explain why it has chose n to let the universal service provider, and 
not the telecom regulator ICTA, audit the qu ality of the service it is providing?  
 
Turkey’s Answer :  The regulation about auditing the qualit y and standard of universal service is 
set out in the Article 6.1.u “Competencies of the Authority (ICTA)” of Law No. 5809 on Electronic 
Communications Law dated 11/5/2008, and is as below: 
 
Art 6.1.u) “Under the provisions of the relevant la w; to set, to inspect and to have third parties 
inspect the quality and standards of service for all kinds of electronic communications including the 
quality of service and standards of universal services when required, and to determine the 
procedures and principles pertaining thereto.” 
 
As stated in this provision, the competence for auditing the quality of universal service is given to 
ICTA, the regulatory authority, not to the universal service provider. 
 
EU Question N°54 : 
 
Paragraph 4.167 .  
The EU would like to share that several telecom operators are concerned about a asymmetry in the wholesale termination rates charged by Turkish operators. 
 
Does ICTA monitor if international terminat ion rates charged by operators active in 
Turkey, whether for mobile or fixed communi cations, are reasonable, transparent and 
cost-oriented?  
 Turkey’s Answer :  ICTA; as the regulatory authority in electronic communications sector, follows 
the mobile market very closely and takes necessary actions in order to sustain competitive 
environment and the best quality of service.  According to this approach, the regulator may intervene to remove anti-competitive conditions in 
the telecommunications market if it deems necessary following a market review process.   
 With the Board decisions taken in 2011 and 2012 respectively, mobile and fixed termination rates 
for the calls originated abroad and terminated with in Turkey have been excluded from price control 
regulation. Therefore, currently mobile network operators in Turkey set their termination rates 
commercially for calls originated outside of Turkey.  
 
EU Question N°55: 
 Paragraph 4.197 tourism services 
 
Could Turkey explain its licencing system  (the requirements, procedure etc.)? 
 
Turkey’s Answer: Three types of travel agency licenses su ch as (A), (B) and (C) are granted by 
Ministry of Culture and Tourism pursuant to the Tr avel Agents and Association of Travel Agents Act 
no. 1618 and Travel Agents Regulation. According to the legislation, Travel Agent License is 
granted only to legal entities established in Turkey. The process is carried out as follows:  
 1- The Travel Agent Title registration with an application letter shall be requested from the 
Ministry of Culture and Tourism.  
 WT/TPR/M/331/Add.1 
 
- 58 - 
 
  2- The travel agent title found appropriate by th e mentioned Ministry shall be notified to the 
applicant and Association of Turkish Travel Agencies (TURSAB).   3- The legal entity which is entitled as travel agent by the Ministry shall lodge an application to 
TURSAB with the documents as follows:  
 a) Letter of Application  (Such application letter must include clear notification of the request, the 
full name, signature, telephone and fax numbers, street address of the person authorized to 
represent and bind the company and the date of application).  b) Original copy of the declaration which specifies the date and issue of the Trade Registry 
Gazette, in which the articles of association were published, in which tourism and business 
operations as a travel agent were covered within  the field of activity of the applicant entity. 
 
c) Original copy of the Certificate of Trade Registry, which also includes the authorized signatory 
or signatories.   
d) Letter of undertaking regarding the travel agent title. 
 e) For the purposes of applicant joint-stock companies, original copy of the declaration of Turkish 
Identity Number and criminal record of the bo ard members and persons who are authorized to 
represent the company, and for the purposes of ot her companies, of all partners and the persons 
who are authorized to represent the company.  
f) Original or certified copy of the list of signatories authorized to represent the legal entity.  
 g) The document pertinent to the personnel of the Travel Agent and the declaration containing the 
Social Security Institution Business Place code and the Turkish Identity Number of the personnel.  
 h) Warranty and letter of guaranty specified by the Ministry. 
 
ı) TURSAB membership fee. 
  4- The application document is evaluated by TURSAB  and travel agent establishment audit shall be 
made. If deemed suitable, the document shall be su bmitted to the Ministry of Culture and Tourism.  
 5- The application document lodged to the Ministry is investigated and evaluated by the Ministry. 
If deemed appropriate, the travel agency certific ate is issued regarding the applicant group. The 
issued license is submitted to Provincial Directorate of Culture and Tourism. The certificate is obtained from Provincial Directorate of Culture and Tourism following the certificate document payment.  
 
For detailed information please visit:  http://yigm.kulturturizm.gov.tr/seyac.html.  
 
WT/TPR/G/331 
 EU Question N°56 : 
 
Page 14, table 1 and page 16 table 3 mention "Turkish Republics”  
 Which territories are included in this term? 
 
Turkey’s Answer:  There has been a typing error. That will be corrected in WT/TPR/G/331/Rev.1.  WT/TPR/M/331/Add.1 
 
- 59 - 
 
  KINGDOM OF SAUDI ARABIA 
Q 1: 
 We commend Turkey for its economic performance during this review period and in particular 
admire the growth of the automotive sector. Th erefore, we would appreciate Turkey’s comments 
on the following:  
1. Para. 4.64 (p.141) of the secretariat report, stated that in the automotive sector, several 
problems have emerged that could affect further expansion, including: integration of the main automotive industry and its related industries; the need for a qualified workforce, particularly in 
related industries; limited access to finance for related industries; and high taxes on vehicles and 
fuel that reduce demand in the domestic market. Another report noted that the main issues affecting the automotive sector included, in order of importance: taxes on automotive sales; excessive price competition; legislation on emissions; investment incentive policies; and car 
scrappage incentives and similar sales supports. Could Turkey share with us its strategies 
and measures to address these challenges?   
 
Answer:  “The Strategy Document for Turkish Automotive Sector” was revised with the aim of 
identifying the problems faced by the automotive sector and at providing the Turkish automotive 
sector with a sustainable global competitiveness power via exploring solutions to these problems. 
Currently, the strategy document is at the stag e of approval by the High Planning Council. 
 In the aforementioned strategy document, Turkish automotive sector was handled in a way that covers the supply sector and its related sectors. However, some problems faced by the automotive 
sector affect not only the automotive sector but also other sectors of the economy, and thereby, 
these problems cannot be overcome by the interventions that will be developed special to the automotive sector. 
 
In this scope, the following targets are planned to take place in the Action Plan:  Establishment of center of excellence so as to create a knowledge-base in our country for the 
production of internal combustion engine and to grow qualified work force, 
 Performing the tests for Design and R&D operations and the ones for operations in the 
framework of type approval regulation within the country, and making initiatives to enforce Type Approval Certificates given by Ministry of Science, Industry and Technology to be 
accepted on a global scale, 
 Updating the investment incentive system by mo difying provisions in the scope of « Decision 
on the State Assistance for Investments », 
 To develop projects directed to the manufacturing of the products with high added value in 
order to reduce dependence on imports, 
 Conducting studies to determine the locations with favorable conditions for local and foreign 
enterprises that are going to make investments to supply industry, 
 Promote the use of environmentally friend ly vehicles with low emission levels 
 Adjusting regulations to realize necessary investments (such as charging stations) to reach the 
widespread use of alternative fuel vehicles. 
 
Q 2: 
 
In the secretariat report 4.3.2.8 (p.161) about Health tourism subsector, the Kingdom of Saudi 
Arabia commends Turkey for the progress of the Health tourism sector and would appreciate Turkey’s comments on the following: 
 
1. Para. 4.147. (p.160) of the secretariat report about incentives, could Turkey elaborate 
more about the investment incentive progra mme, in particular regarding hospital and 
medical centers investments? 
 
Answer:  Details about Investment Incentive Program are summarized in the Secretariat Report 
(Page 40, paragraph 2.60 and 2.61 and Page 41, Table 2.5).  
 
Under the Investment Incentive Program, all hospital investments (surgical hospital services, medical hospital services, hospital services related to obstetrics, rehabilitation, and psychiatry, other services related to hospital) with the prior authorization issued by the Ministry of Health that WT/TPR/M/331/Add.1 
 
- 60 - 
 
  are made in each region can be supported within the framework of the Regional Investment 
Incentive Scheme.   Medical centers (requiring prior authorization issued  by the Ministry of Health), dialysis centers, 
analysis laboratories, magnetic imaging centers, assisted reproductive treatment care centers, 
radiotherapy and oncology centers, physical ther apy and rehabilitation centers, oral and dental 
health centers, and hereditary disease diagnosis in vestments, that are capable of getting a license 
from the Ministry of Health, can be supported within the framework of the General Investment 
Incentive Scheme.  (See paragraph 4.147 and Table 4.29)  WT/TPR/M/331/Add.1 
 
- 61 - 
 
  HONG KONG, CHINA 
Questions on the Secretariat Report 
 A. Trade Policies and Practices by Measure 
Exports Strategy 
(WT/TPR/S/331: Page 30, paras 2.14-2.15) 
The Turkish Exports Strategy for 2023 was developed to increase exports to a target level of 
US$500 billion by 2023.  The specific goals or actions being undertaken as part of the plan include: 
carrying out projects on R&D and the development of international competitiveness in order to increase sectoral export capacity; creating sectoral clusters for gaining competitiveness in 
international markets. 
Question 1: Could Turkey share with us more about the projects on R&D?  Are particular sectors or clusters 
being focused? If so, how are they chosen? 
Turkey’s Answer: Priority Sectors on R&D were determined in National Science and Technology 
Policy. Priority sectors are also updated and re vealed according to the decisions of Supreme 
Council for Science and Technology which is the highest council to take decisions on S&T in Turkey 
under the presidency of Prime Minister. 
Moreover, in order to reach the goals mentioned for the country’s export amount in 2023, the 
transformation in manufacturing industry is compulsory. Turkey aims to transform the structure of 
manufacturing industry from low to high and medium  high technology sectors. Thus, several policy 
tools have been put in place. For instance, Tu rkey Industrial Strategy Document (2015-2018) 
came into force and in this document it can be seen that one of the policy tools –namely Policy 1- is “The transformation in manufacturing industry will be realized.” Under this policy 15 actions 
were determined in order to achieve this goal.  
Turkey, like many other European countries (D enmark, Germany, France, Portugal etc.), has 
national cluster program. The main objective of the program is to support and promote clustering 
initiatives bearing a particular potential of competitiveness and sustainability. Turkey does not give 
any financial support to create clusters. All cl ustering initiatives, which have already been 
developed, can apply to the program without any exclusion. This reflects inclusiveness of Turkish 
cluster support program. 
All applications are evaluated in a competitive manner. Cluster Support Program has very strong 
focus of cross-sectoral collaboration because it has become essential to enable cross-sectoral collaboration between cluster actors from different industries. 
Activities in specific technologies such as biotechnology, nanotechnology and ICT bonus points are 
granted in evaluation. 50 % of the total business pl an budget will be supported as a grant from 
national budget. 
Technology Development Zones 
(WT/TPR/S/331: Pages 42-43, paras 2.64-2.66) 
The Technology Development Zones (TDZs) are zones specialized in developing the high 
technology sector in Turkey by supporting and enco uraging R&D activities.  There were 48 TDZs in 
operation in Turkey as of September 2015.  The benefits for companies establishing in TDZs are: exemption from income, VAT, and corporate taxes for software development until 2024; exemption from all taxes for R&D and support staf f until 2024; production of the R&D product in 
the zone if deemed suitable; and payment of 50% of the employer's social security payments by 
the Ministry until 2025. 
It is noted in Table 2.7 that less than 5% of  the companies operating in TDZs are foreign 
companies. 
Question 2: Are the criteria for admission and the benefits for local and foreign companies the same in all 
TDZs?  Does Turkey consider the number of foreign companies on the low side?  Are there any 
plans to attract more foreign companies? WT/TPR/M/331/Add.1 
 
- 62 - 
 
  Turkey’s Answer: Admission conditions and benefits are the same for all companies in TDZs.  
In addition, a new R&D reform package has been accepted and published in Official Gazette No. 
29636 and dated 26 February, 2016. 
Among the changes in existing legislation, there is also a decision to facilitate the employment of 
foreign R&D and design personnel in TDZs and R&D centers. 
SMEs 
(WT/TPR/S/331 Page 91, para 3.151) 
Turkey’s SMEs are supported by the Small and Medium Enterprises Development Organization 
(KOSGEB), a Turkish public organization that aims to increase SMEs’ share in the economy and help them develop their businesses.  Today, it co vers specified sectors pursuant to the Council of 
Ministers’ decision. 
Question 3: 
Could Turkey advise what specified sectors are covered by KOSGEB?  What factors have been 
taken into consideration in arriving at the Council of Ministers’ decision on the specified sectors?  
Turkey’s Answer :  Currently KOSGEB has 8 support prog rammes within the scope of “KOSGEB 
Support Programs Regulation”. It is stated in Law 5891 that “Sectoral and regional priorities for enterprises which will utilize supports and services given by to enterprises within this Law will be 
determined by the Council of Ministers according to the social and economic conditions of the day.” 
So, it is under the discretion of the Council of Ministers to determine the specific sectors covered by KOSGEB. 
State-owned enterprises (SOEs) and Privatization 
(WT/TPR/S/331: Pages 101-104, paras 3.178-3.186) 
Between 2011-14, SOEs exhibited significant gr owth in income and assets of 46% and 27% 
respectively.  Profitability initially increased during this period but then decreased, in particular in 
2014 when it turned negative.  The decrease in profitability mainly stemmed from the accounting 
rules related to the privatization process.  The num ber of employees of SOEs fell by 7.5% over the 
period.  Thus, SOEs had become  more efficient users of state resources over the period. 
SOEs covers various sectors including manufacturing, mining, energy, oil and natural gas, 
agriculture and livestock, transport, banking, telecommunications, broadcasting, and post. 
Two hundred and four organizations had been comple tely privatized as of September 2015.  Most 
of these privatizations had been in the electricit y distribution and power generation industries.  
Furthermore, a number of organizations had been in the privatization portfolio for a long time 
without being privatized due to economic, social, and political reasons. 
Question 4: 
Are there any medium-term or long-term targets for the privatization process?  Are there any 
specific target and timeframe to decrease public ownership in sectors other than electricity and power generation? How will the global economic slowdown affect the speed of privatization in 
Turkey? 
Turkey’s Answer : Privatization process in energy sector started with distribution companies in 
2008. The share of private sector in Distribution and Retail sectors reached 100 % in 2014.  
The objectives of generation privatization are to improve electricity generation capacity, increase 
the availability of existing generation facilities and raise their capacity utilization factors, and 
activate private sector resources to enhance competition in the sector.  In this context, a total capacity of 6.000 MW (10 thermal power plants and 59 hydroelectric power plants) has been 
privatized since 2008. Share of private sector in total installed capacity was 72% in 2016. 
Privatization of power generation is supposed to accomplish the objective of decreasing the public share in the market and focusing on the regulation  of the market. After the privatization process, 
the share of private sector is expected to reach at least to 90% in total installed capacity. There 
are no specific timeframe about it.  
In near future Turkey plans to privatize, inter alia  National Lottery, İzmir and Tekirda ğ sea ports, 
toll motorways and Bosphorus bridges, sugar factories and real estate of various governmental 
institutions. So far, Turkey was not adversel y affected by the global economic slowdown. WT/TPR/M/331/Add.1 
 
- 63 - 
 
  B. Trade Policies by Sector 
Banking Services 
(WT/TPR/S/331: Page 148, paras. 4.90 & 4.91) 
The Banking Regulation and Supervision Agency  (BRSA) oversees the implementation and 
supervision of banking regulations and may issue amendments and clarifications to existing 
banking laws and regulations.  BRSA’s permission is required for banks resident in Turkey to 
merge, liquidate, or establish partnerships with individuals or corporations based abroad.  The 
BRSA is led by a board of seven members, ea ch of whom holds office for five years. 
Question 5: H o w  l o n g  d o e s  i t  u s u a l l y  t a k e  f o r  a  b a n k  t o  o b t a i n  p e r m i s s i o n  f r o m  t h e  B R S A  f o r  m e r g e r  o r  
liquidation, or establishing partnerships with individuals or corporations based abroad?  What 
factors would the BRSA take into account when deciding on the permission?  Are banks with 
foreign capital subject to the same treatment as domestic banks during BRSA’s consideration? 
How are the seven members of the board leading the BRSA selected? Are they appointed as 
government representatives or representatives of certain banking organisations in Turkey? 
Turkey’s Answer:  Banks should obtain permission from BRSA for licensing (Article 6, 10 of 
Banking Law-BL), transfer of ownership (Article 18 of BL), merger with other banks (Article 19 of 
BL), voluntary liquidation (Article 20 of BL) and investing in cross-border corporations (Article 14 
of BL). BRSA should assess the operation licensing applications within maximum three months from the date of the initial permission application. For other permissions, the BRSA commences its assessment in similar time frame after all the document ation that is required in BL and sub regulations 
are provided by the applicants. BRSA gives permis sion after its assessment to those that fullfill the 
conditions laid down in BL and sub regulations. Foreign banks and domestic banks are subject to same treatment by BRSA. 
The members of the Banking Regulation and Superv ision Board shall be appointed by the Council 
of Ministers amongst the people who have at leas t 10 years of experience after completing higher 
education or who have worked as members of facu lty member in one of the above disciplines for 
minimum 10 years. Minimum one of the members must be a graduate of law faculty and one must 
have worked as vice chairman, main service unit manager or professional staff in the Agency. The Council of Ministers shall appoint one of the members as the Chairman and another member as the Vice Chairman. The appointment decree of the Council of Ministers shall be published in the 
Official Gazette. (Article 84 of  BL -Appointment of Members). 
Insurance Services 
(WT/TPR/S/331: Page 150, para. 4.100) 
All insurance and reinsurance companies operating in Turkey and branch offices of foreign 
companies in Turkey are members of the Associat ion of the Insurance and Reinsurance Companies 
of Turkey.  Insurance companies are subject to a self-regulatory function through the Association 
as well as the Law on Protection of Competition (No.4054 of 1994). 
Question 6: Is the Association independent of the Turkish government?  What are the measures taken to 
ensure the impartiality of the Association? 
Turkey’s Answer:  The Association is independent of the Tu rkish Government. It is a professional 
organization that has the status of a public legal entity.  
Healthcare Services 
(WT/TPR/S/331: Page 160, para. 4.148) 
Establishment of Health Free Zones is under consideration by the Turkish government.  Similar to 
Free Zones, these Health Free Zones will be special areas to provide health services and include 
hospitals, rehabilitation centres, thermal tourism facilities, nursing homes, health techno-cities, 
and R&D centres.  Tax incentives, cost-effective infrastructure, and employment of foreign doctors are some of the considerations for Health Free Zones. 
 
 WT/TPR/M/331/Add.1 
 
- 64 - 
 
  Question 7: 
What is the latest development of the Health Fr ee Zones?  Would there be measures to encourage 
or attract foreign investments into these Zones?  Are foreign companies eligible to receive tax incentives?  Are there any special arrangements to facilitate the employment of foreign doctors in 
Health Free Zones? 
Turkey’s Answer:  Currently, Health Free Zones do not cover the services trade. The free zones 
law in force provides any incentive and opportunities for the investments regarding medicines, 
medical devices and cosmetics except for the services trade. Legal regulations are ongoing for the 
health services. 
Telecommunications Services 
(WT/TPR/S/331: Page 167, para. 4.178) 
After the privatisation exercise in 2005, there are plans for the Turkish government to further 
privatise Türk Telekom by selling 6.7% of the total shares of the company currently owned by the Turkey state treasury.  Currently, the Turkish st ate treasury holds 30% of the company’s total 
shares. 
Question 8: Please share with us the latest development of the further privatisation plans for Türk Telekom and 
the reasons for the Turkish government to retain 23.3% of the company’s shares.  Has the Turkish 
government considered any method and timeline for the disposal of all the shares? 
Turkey’s Answer: There is no determined strategic plan to privatise the remaining shares of Türk 
Telekom.  
Distribution Services 
(WT/TPR/S/331: Page 177, para. 4.224) 
The Law on Regulating Electronic Commerce provides regulations on general information liability 
for a commercial activity; commercial communication; contracts made by means of electronic 
devices; information to be provided before the contract or during the order; and other issues about the intermediary service providers. 
Question 9: 
Does the law apply to cross-border supply of services through electronic commerce?  If so, how is 
the law enforced against foreign service suppliers?  
Turkey’s Answer:  Since Turkey’s jurisdiction is territo rial; the implementation of Electronic 
Commerce Law is also applied within the territory of Turkey. 
Therefore the requirements set by the Law and its implementation regulations need to be observed 
by natural or juridical persons engaged in e-co mmerce activities in Turkey, and the consumers 
that can benefit from complaint and remedy mechanisms established with the e-commerce legislation need to be resident in Turkey.  
However, there are also judicial review mechanisms for consumer complaints related to 
commercial contractual relationships, which are also available to consumers abroad. 
In addition, Turkey is a member of Internatio nal Consumer Protection and Enforcement Network 
(ICPEN), and our consumer protection authority collaborates with the authorities of member 
countries for the protection of consumers with re spect to cross-border e-commerce activities, as 
well. 
Question 10: 
Could Turkey give examples of intermediary servic e providers providing the platform for electronic 
commerce at which the law is targeted?  What are the requirements imposed on these providers?  
Turkey’s Answer:  Intermediary service providers are defined as the natural or juridical persons 
providing the electronic commerce platform (an onli ne marketplace) to third parties engaging in 
economic and commercial activities. E-commerce service providers enabling the sale of multiple brands on their websites but who do not own th ose brands would fall within this definition. WT/TPR/M/331/Add.1 
 
- 65 - 
 
  Intermediary service providers are required to comply with general obligations imposed on other 
service suppliers. However, they are not obliged to control the content provided by natural or juridical persons using their online platform, nor ar e they required to investigate whether there is 
any illegal activity or aspect concerning the good or service that is the subject of the third party 
content. 
The Law on the Regulation of Electronic Comme rce no. 6563 (E-Commerce Law) was published in 
the Official Gazette on 05.11.2014, and no. 29166 entered into force on 01.05.2015. By this Law, 
intermediary service providers;  
 
 shall provide up-to-date information such as company name, address, phone number etc.  
 
 shall provide sufficient, accessible and appropriate technical equipment to the recipient 
before the order to (be able to) determine data errors and also fix them.  
 
 shall provide information about technical steps required to form a contract.  
 
 shall enable recipients keep contract terms and standardized terms of contract. 
 
 shall inform recipients about whether it will be possible to access the contract formed via 
electronic devices later on and also to keep the contract.  
 
 shall enable recipients see total amount of purchase during the ordering process and will 
make sure that the order has been received via electronic devices.  
 
 shall be responsible for keeping the data collected during each step of e-commerce process 
and also for the security of the relevant data. WT/TPR/M/331/Add.1 
 
- 66 - 
 
  SWITZERLAND 
Trade Policy Review of Turkey (March 15 and 17, 2016) 
 Questions by Switzerland 
 
A. General 
Switzerland has been informed that the Turkish government presented in December 2015 its 64th 
Government Action Plan. Among other things, this Plan contains a measure that provides for de-
listing imported medicines from the reimbursement list in favor of locally produced medicines.  
 Could Turkey please explain the legal and po licy rationales behind the de-listing of 
imported medicines from the reimbursem ent list in favor of locally produced 
pharmaceutical products? 
 
Turkey’s Answer : Based on the statement “Healthc are tools and equipment and the 
reimbursement, pricing and registration proce sses of strategic and local medicines will be 
improved” in Action No. 46 in the 2016 Action Plan of the 64
th Government, published on 
December 10, 2015 and its explanation as “Import Products to be delisted from the 
reimbursement list shall be designated, provided th at the provision of treatment is ensured”, the 
sales amount of the products with an import registration which have multiple generics have been 
assessed in line with the Action Plan. In order to avoid a supply shortage in the market, a time 
frame has been set in the first phase as a result of the meetings held with relevant associations and pharmaceutical companies for the localization of products with a domestic manufacturing share of 50% and above. 
 
 How is the Turkish government planning to  implement the measure in practice and 
when is it foreseen to enter into force? 
 
Turkey’s Answer : Meetings were held with relevant pharmaceutical associations and 
pharmaceutical companies in Turkey to identify ways and means to increase the production 
capacity through foreign and domestic investments.  
 
The capacity evaluation relating to the manufactu ring sites in Turkey has been conducted and it 
has been identified that the manufacturing sites avail sufficient capacity.  
 
At this stage the Government now is working with the interested companies to receive their suggestions on conditions to produce in Turkey. This work will be completed by the end of this 
month. 
 
 Could Turkey clarify how this measure complies with Turkey’s existing WTO 
commitments, in particular in relation to the non-discrimination principle? 
 Turkey’s Answer : The objective of the activities conducted within the framework of the Action 
Plan is not to delist imported products from the reimbursement list but to promote local 
manufacturing within a predictable period.  
 B. Report by the Secretariat [WT/TPR/S/331– February 9, 2016) 
 
3.1.1 Customs procedures and requirements Para. 3.14 
 
Turkish importers of textiles and clothing must provide information about export company’s contact details, size, sales (including to other export destinations) and international quality certificates, etc. 
 
Can Turkey explain the usage of these data and the rationale behind this mandatory requirement 
for import of textiles and clothing? 
 
What measures have been taken by Turkey to assure the confidentiality of these data?  WT/TPR/M/331/Add.1 
 
- 67 - 
 
  Has Turkey evaluated the administrative cost on th e importers of this requirement? If yes, could 
Turkey share the figures?  Turkey’s Answer: Trade diversions, circumventions and other unfair trade practices have often 
been observed especially in textile, apparel and footwear sectors. Also, there have been anti-
dumping measures in force including these sectors. In order to prevent possible attempt of trade diversion, these sectors need to be monitored in an updated database closely. Export registration 
requirement is serving that purpose without creating unnecessary burden and paperwork for 
traders  
 Collected data under this system is kept strict ly confidential. Moreover, parts of the exporter 
registry form that are regarded as addressing commercial secrets, could be waived as “Firm’s 
commercial secret”.   
Additionally, submissions under the Communiqu e 2010/1 are made via Internet. Therefore, 
submission procedures do not create additional administrative costs for importers either.   
Para. 3.15 
 BILGE is the Turkish customs software package which carries out all aspects of the customs formalities and which includes a risk analysis programme. 
 
According to para 3.15 of the TPR Secretariat’s re port some goods may only be imported through 
specialized customs offices in order to make the customs offices more disciplined, to ensure that 
standards are met, or to make effe ctive controls on tariffs, etc.  
 The evaluation of correct clearance can best be do ne by means of aggregation and analysis of data 
stored in the customs system. 
 Can Turkey explain why certain goods may still only be imported through specialized customs offices since other means less stringent for the trade could be implemented to serve the objectives 
of the measure? 
 Turkey’s Answer:  The reasons that Turkey applies specialized customs practice for specific goods 
are to make the customs offices more disciplined, to specialize in customs procedures for certain 
goods and canalize these goods to specialized customs offices with appropriate equipment and personnel, in order to protect the obligatory standards expected to be met for the imported goods 
and finally to make effective customs controls on tariff, customs value, origin matters. Thus, 
application of specialized customs does not imply imposing or maintaining prohibitions or restrictions on the importation of those products.  
Besides, not all goods but only some specific goods such as metal waste, petroleum products, 
motor vehicles and their spare parts which requires special customs control procedures and/or hardware (for instance radiation detection etc.) are subject to specialized customs application. 
 
3.1.2 Trade facilitation Para. 3.22 
 
Holders of the Authorized Economic Operator (AEO) benefit from several privileges as the right of 
local clearance, authorized consignor and recipient status, the use of lump-sum or partial guarantees, reduced data requirements for summary  declaration, green line facilitation, etc.  
 
The facilitations accorded are mainly related to customs procedures. Does it mean that Turkey has concentrated different previous customs status in the AEO status? If yes, could Turkey enlighten 
the main benefits that this harmonization has brought to the operators and the customs 
administration?  
Turkey’s Answer: Before the AEO status, benefits like the use of lump-sum or partial guarantees 
and the blue line facilitation etc. were given to  the Trusted Traders, on the basis of  general 
criteria such as number of workers, export and import amounts etc. With the AEO status, Turkey 
demands criteria on financial solvency, safety and security, adequate traceable records, reliability.  
 WT/TPR/M/331/Add.1 
 
- 68 - 
 
  Privileges of local clearance, authorized consignor and recipient status are granted only to holders 
of the AEO status as they meet the safety and se curity criteria. With these privileges, operators 
benefit from faster clearance times and lower costs while customs administrations benefit from less work load. 
 
With the AEO status, privileges like the use of partial guarantees, reduced data requirements for summary declaration, and green line facilitation are granted without any additional requirements. 
 
On the other hand, for acquiring the privileges of local clearance, authorized consignor and recipient status, the AEOs are requir ed to fulfill additional criteria. 
 
3.1.5.1 Applied MFN duties 
Para. 3.34 and table 3.2  
The report of the WTO Secretariat indicates that "for 47 tariff lines, the applied MFN rates exceed 
bound rates." For the lines listed in table 3.2 could Turkey indicates how and when it intends to align its MFN 
applied rates to the level of the bound rates for the said 47 tariff lines? 
 Turkey’s Answer: In the framework of EU-Turkey Customs Union, Turkey has the obligation to 
undertake EU’s Common Customs Tariffs regarding the imports to the third countries. The case for 
the 47 tariff  lines, the applied MFN rates have been implemented as the same rates with the CCT 
rates, apparently exceeding Turkey’s bound rates in certain tariff lines. Turkey is planning to 
consult this issue with the EU Commission with a view to finding a solution both preserving WTO 
bound commitments and its Customs Union requirements without causing trade diversion. 
 3.1.7.2 Import restrictions and licensing 
Para. 3.56 
 Does Turkey still apply licensing requirements for refurbished machinery? If yes, could Turkey inform about the rationale of  fixing a minimum price that is higher than the 
real price of the machine? Could Turkey also expl ain the rationale of fixing a minimum import price 
based on the weight (X $ per kilogram) of the machines?  
Turkey’s Answer: Used goods license can be obtained automatically after online application by 
importers.  Since the price of a good is one of th e main indicators for age, quality, durability and 
efficiency, a more liberal licensing procedure ha s been implemented requiring no license for the 
products with a price higher than the threshold. The used machinery falling under the threshold 
are being evaluated for the issuance of license with  respect to criteria based on energy efficiency 
and productivity, depreciation expenses and main tanence costs, health risks posed by the old 
technology.  
 
3.1.8 Contingency measures 3.1.8.1 Anti-dumping and countervailing measures 
Para. 3.58 
 Para 3.58 states that according to Turkey’s anti-dumping legislation definitive measures remain in 
force for five years from the date of imposition or from the conclusion of the most recent review 
covering both dumping and injury. Switzerland wo uld like to know, if Turkey’s anti-dumping 
legislation provides for the possibility to suspend or cancel such measure before the expiry of the five-year-period. 
 
Turkey’s Answer: According to Regulation on the Prevention of Unfair Competition in 
Imports (Official Gazette, 30.10.1999 / 23861) Article 34 “An interim review may be initiated for 
the review of the measure in force provided that at least one year  has elapsed since the 
imposition of the definitive measure. An investigation shall be initiated where the request contains sufficient evidence that the continued imposition of the measure is no longer necessary to 
offset dumping or subsidy ” However, suspension of measures is not possible according to 
Turkish legislation.   
 WT/TPR/M/331/Add.1 
 
- 69 - 
 
  3.2.2 Export taxes, charges, and levies 
Para 3.119  As indicated in paragraph 3.119. Turkey currently applies export taxes on three different products. 
Based on what criteria did Turkey choose these spec ific products? Is it possible that in the future 
other products will be subject to export taxes too?  How does Turkey ensure that such measures do 
not negatively affected net food importing countries? 
 
Turkey’s Answer: As a traditional sector in Turkey, leather and fur manufacturers are in need of 
continuous supply of raw skin and hide. Therefore, export tax is a tool to ensure the continuation of the needed supply.  
 
Hazelnut is another traditional export product of Turkey. Export tax on hazelnuts is channelled for 
promotion purposes.  
 
At the moment, there is not any plan to introduce new export taxes.   
3.2.3 Export prohibitions, restrictions, and licensing 
3.2.3.3 Export prohibitions Para 3.126  
As indicated in section 3.2.3.3 of the Secretariat’s report, Turkey maintains exports prohibitions on 
several foodstuffs. What are the reasons for these prohibitions? Is Turkey considering to change its current regime in 
the near future? If yes, what changes are planned? How does Turkey ensure that net food-
importing countries are not negatively affected by such measures?  
Turkey’s Answer: Turkey’s export prohibitions are applied on the grounds of public security, the 
protection of health and life of humans, animals or plants; the protection of national treasures 
possessing artistic, historic or archaeological value; or the protection of industrial and commercial property in accordance with GATT Article XX. 
 
Furthermore, as can be seen from the list, the prohibition does not include any foodstuff. It includes, among others, certain plants, bulbs, seedlings of protected species, which are not 
imminent concern for net-food importing countries. 
 3.2.3 Export prohibitions, restrictions, and licensing 
3.2.3.4 Export licensing 
Para 3.130  According to paragraph 3.130 Turkey requires export  licenses for 26 products including sugar. E.g. 
Table 3.24 states that the sugar authority is responsible for sugar production, pricing, and 
marketing.  What are the reasons for these export requirements? Based on which criteria were these 26 
products chosen? Based on which criteria are licenses granted? How do these export licenses affect 
Turkish export figures? Is Turkey considering an y changes regarding the export regulation of any 
of these 26 products? 
 
Turkey’s Answer: Turkey requires export licences for these products based on its commitments 
deriving from several international agreements on  protecting environment, species, human health, 
such as Wassenaar Agremeent, ICCAT, Basel Convention etc. 
 
3.3.2 Incentives, state aid and subsidies Para. 3.156 
 
Para. 3.156 states that due to ongoing accession negotiations with the EU, Turkey is moving 
towards adopting a state aid law, including inter alia general conditions for state aid. Could Turkey 
please elaborate on these general conditions? How will the future Turkish state aid law be aligned 
to EU state aid rules, in particular case law such  as decisions by the European Court of Justice and 
guidelines by the EU Commission?  WT/TPR/M/331/Add.1 
 
- 70 - 
 
  Turkey’s Answer: Law No. 6015 on Monitoring and Supervision of State Aids (hereinafter 
referred to as the Law) is enacted on 13 October 2010 and entered into force on 23 October 2010. In compliance with the related provisions of th e bilateral Agreements and decisions between the 
Republic of Turkey and the European Union, it  determines the rules and the procedures for 
monitoring and supervision of state aids. 
The law determines general conditions for state aids. In other words it defines state aid, sets the 
rules for what shall constitute compatible state aid and determines the framework of state aids 
that may be considered by the State Aids Monitoring and Supervision Board (Board) to be 
compatible.  
Any state aid other than that exempted either by the law or by the decision of the Board is 
prohibited. The regulation under the Law further covers the notification requirements and 
examination rules of state aids, withdrawal of notification, revocation of a decision, unlawful aid 
and recovery of aid rules on existing state aids. Both the definition and the rules and procedures 
regarding state aids are designed to be in full  compliance with the articles 107 and 108 of the 
TFEU.  
By the Law an operationally independent State Aids Monitoring and Supervision Board (hereinafter 
referred to as the Board) is established. The Board is responsible for the following duties:  
- to determine the framework, guidelines and th e principles of state aids, to prepare the 
related regulation,  
- to monitor, supervise and evaluate the compatibility of state aids, and 
- to make necessary notifications to the European Commission and other related authorities 
upon collection of the implementation results from the granting authorities”.  
 
The Board had its first meeting in January 2011 and convenes on a monthly basis. The secretariat services of the Board are carried out by the Genera l Directorate of State Aids (hereinafter referred 
to as GDSA). Currently, besides the other duties given by the Law, GDSA has been working on the 
design and the revision of the secondary legislation.    
Further alignment to EU state aid rules, particularly the guidelines regarding state aids and 
decisions by the European Court of Justice will be established via transposition following the entry into force of the secondary legislation to be promulgated by the end of 2016.  
 
Para. 3.157  According to para. 3.157, Turkey’s newly enacted legislation on the Monitoring and Control of 
State Aids provides for the establishment of a Bo ard for the Monitoring and Supervision of State 
Aids under the Undersecretariat of the Treasury of  Turkey (hereinafter referred to as the Board). 
Could Turkey please provide more information on  the composition of the Board? How will the 
Board provide for expertise in all economic sectors? What will be the relationship between the 
Board and the Turkish Competition Authority (TCA)?   
Turkey’s Answer:  State Aids Monitoring and Supervision Board is established to carry out the 
duties assigned by Law on Monitoring and Superv ision of State Aids and other Laws. The Board is 
entitled to determine the framework, guidelines an d the principles of state aids and to prepare the 
related legislation in conformity with the agr eements between Turkey and European Union, to 
monitor, supervise and evaluate the compatibility of state aids, to make necessary notifications to 
the European Commission and other related authorities upon collection of the implementation results from the granting authorities. 
In addition to that, the Board is not established or organized under the Undersecretariat of 
Treasury; it is independent in its decisions and the decisions adopted are decisive.  
The Board constitutes of seven members, six of th em appointed to the positions from the relevant 
institutions and seventh one being the General Director of State Aids, who is also the head of the 
Board. Other Members of the Board are assigned  f r o m  M i n i s t r y  o f  S c i e n c e ,  I n d u s t r y  a n d  
Technology, Ministry of Economy, Ministry of Develo pment, Ministry of Finance, Undersecretariat of 
Treasury and Turkish Competition Authority. WT/TPR/M/331/Add.1 
 
- 71 - 
 
  The nomination basis of the members of the Bo ard provides the necessary expertise since the 
main duties and responsibilities of those inst itutions are directly related with design and 
implementation phases of economic, competition an d state aid policies of the country. Furthermore 
according to the Law No. 6015 on Monitoring and Supervision of State Aids, the members should 
be senior in their positions and have expertise on the state aid policies; currently all the members 
of the Board are the highest representatives of their respective authorities. 
One of the members of the Board is from the Turkish Competition Authority; other than that 
neither the Board nor the General Directorate of State Aids (hereinafter referred to as GDSA) has 
an organizational connection with that Authority. While duties and authorities of the Board is restricted to the monitoring and supervision of state aids, Turkish Competition Board is engaged in the competition issues other than state aids such as antitrust, cartels and mergers 
The Board convenes on a regular basis at least once monthly as foreseen in the Law in order to 
overview the studies pursued by GDSA, keep up wi th recent developments in EU state aid rules 
and scrutinize measures implemented by different aid granting institutions.  
It should also be mentioned that secretariat services of the Board is carried out by the GDSA which 
is organized under the Undersecretariat of Treasu ry. GDSA has the capacity to provide support to 
the Board when required with its technical and expert staff who have been recruited among the 
treasury experts and assistant experts from the ot her directorates of Treasury. Well equipped with 
EU state aid and competition rules and policies, GDSA staff is specialized in different branches of economy and implementation of different forms of pu blic interventions. Furthermore it improves its 
expertise specifically on the supervision of state aid measures with several training courses and 
programs held in collaboration with the EU such as TAIEX and NEPT (National Expert in 
Professional Training).  
 
3.3.5 Government procurement 
Para. 3.201  
The Secretariat's report indicates that Turkey ha s been participating as an observer in the WTO 
Committee on Government Procurement since June 1996. The report also informs that Turkey has not concluded any regional trade agreements with government procurement chapters providing market access rights to foreign suppliers. Switze rland estimates that Members of the OECD should 
also be Members of the GPA and reinforce the memb ership of the GPA. What are the views of the 
Turkish authorities with regard to the objective of joining the GPA? What are, if any, the major obstacles to be eliminated for achieving full membership? 
 
Turkey’s Answer:  Turkey’s membership to the GPA is an issue that will be discussed in the 
medium and long-term in coordination with relevant public institutions. On the other hand, Turkey 
is a candidate country for the EU. When Turkey  becomes a full member of the EU, it will 
automatically be part of GPA.  3.3.4 State trading, state-owned enterprises, and privatization 
3.3.4.3 Privatization 
Para 3.184  
According to para 3.184 the overarching goal of th e privatization process in Turkey is improvement 
of productivity in the market and the reduction of state expenditure.  With regard to productivity i.e. competitive markets, do privatized organization retain their 
monopoly status, respectively their former adva ntage in the market? How does Turkey guarantee 
a level playing field in sectors with incumbents? Are there regulations that ensure competition in sectors concerned with privatization?  
Turkey’s Answer: Increase in productivity and efficiency subsequent to privatisation is the aim of 
the privatisation philosophy.   
Furthermore, Turkey aims at further enhancing functioning market economy through ensuring 
openness and competitiveness, upgrading productivity, strengthening the investment climate- attracting much more Foreign Direct Investment (FDI) encouraging private 
initiative/entrepreneurial skills and as a result promoting employment. 
 Therefore, major legislative changes took place in Turkey in recent years such as; WT/TPR/M/331/Add.1 
 
- 72 - 
 
   Electricity Market Law, 
 Natural gas Market Law, 
 Petroleum Market Law, 
 Telecommunications  
 Sugar Law, 
 Tobacco Law, 
 Banking Law, 
 FDI Law, 
 Company law, 
 Law concerning the elimination of FDI restrictions in some sectors, 
 Law regarding several amendments which is aimed at accelerating privatization  
 and provisions authorizing real estate purchases to foreigners. 
 
Consequently, Regulatory Bodies to govern the liberal sector are established. Such regulatory 
arrangements had the favorable affect over privatization applications.  
 3.3.6 Intellectual property rights  
 
(A. Ongoing reforms) 
 Para 3.203. and Para 3.204 
 
The Secretariat’s report states in Para 3.203. and Para 3.204 that Turkey has instituted a number of strategies that will have an impact on its IP policy, such as the “National Intellectual and 
Industrial Property Strategy paper” that provid es an overall strategy for the sector for 2015-18 
and a “National Geographical Indication Strategy  Document and Action Plan” also covering the 
period 2015-2018. 
Could the Turkish authorities provide more information on the purpose and contents of those 
Strategy Documents? Are translations or summaries of these documents available in English? Will new draft regulations and policies be open for public comment?  
Turkey’s Answer: Full texts of the “National Intellectual and Industrial Property Strategy and 
Action Plan”,  “Design Strategy and Action Plan”,  and  “National Geographical Indication Strategy 
Document and Action Plan” are available at www. tpe.gov.tr. These policy documents have been 
open to public in Turkish language since the date of their adoption. 
 A new draft law governing IP rights has been prepared and it was made public for comments till 
04/03/2016. The draft law in Turkish language is accessible at www.tpe.gov.tr . 
 
Para. 3.204  
In Para. 3.204, it is stated that a “Working Gr oup on identifying national policies” for GIs was 
established. It is however unclear if this process is still ongoing or if it ended with the adoption of the “National Geographical Indication Strategy Document and Action Plan”. 
Could Turkey specify what measures are foreseen to implement its strategy regarding GIs? What 
are the timelines of the revision of Turkey’s  regulations and policy on the protection of 
geographical indications? 
 
Turkey’s Answer: The process of identifying national policies has been completed with the 
adoption of the National Geographical Indication Strategy Document and Action Plan. The full text of the Geographical Indications Strategy Document  and Action Plan is available at www.tpe.gov.tr. 
The plan would be renewed upon its completion  by the end of 2018 in line with the results 
obtained after its implementation.  
A new draft law governing IP rights, including geographical indications, has been prepared and it 
was made public for comments till 04/03/2016. The draft law in Turkish is accessible at www.tpe.gov.tr . The Turkish government aims for its ratification in the first half of 2016. 
 Para 3.210  Para 3.210 states that Turkey's copyright law has undergone changes in Article 47 (Expropriation), 
in which works that are deemed important for the culture of the country can be expropriated under WT/TPR/M/331/Add.1 
 
- 73 - 
 
  certain conditions after the death of the author bu t before the expiry of the term of protection. 
Could Turkey please provide more detailed info rmation about the conditions for expropriation? 
 
Turkey’s Answer: Turkish Constitutional Court struck down Article 47 of the Law, on “Intellectual 
and Artistic Works” by its decision date d 14/5/2015 (Publication date on Official 
Gazette:11/06/2015). Turkish Constitutional Cour t delayed the date of enforcement of this 
struck/abolishment decision for one year after the official publication date in order to prevent the 
legal gap.  Following this suspension period, as of the date of 11 June 2016, Article 47 will be 
repealed. 
 
Para 3.213 
 
The report states in Para 3.213. that in 2013 a draft law containing provisions related to patents, trademarks, designs and geographical indications was prepared in consultation with relevant 
stakeholders but that it was not adopted by the Parliament. The report further states that, as of 
December 2015, work on the preparation of a draft law for industrial property rights resumed. Could Turkey provide information on the timetabl e and the changes currently contemplated for its 
industrial property rights system? 
 Turkey’s Answer: The draft law which was submitted to the Turkish Grand National Assembly in 
2013 has been revised after the General Elections. A new draft law governing IP rights has been 
prepared and it was made public for comments till 04/03/2016. The draft law in Turkish is 
accessible at www.tpe.gov.tr . The Turkish government aims for its ratification in first half of 2016.  
 
The contemplated changes can be summarised as follows :  
 In general:   
Storage and facilitated destruction of infringing goods  
Criminal + Civil sanctions for Trademarks (TMs) / Civil sanctions for patent, industrial design and Geographical Indications (GI) infringement cases Ownership of university inventions and designs will be regulated 
Recruiting new staff for improving Turkish Patent Institute (TPI)’s administrative capacity 
Some administrative changes in the TPI’s structure Legal basis for an Intellectual Property (IP) Academy 
 
Patents:   
Elimination of system for granting patents without substantive examination 
Introduction of post-grant oppositions 
Preparation of search reports for utility models Administrative improvement in registration process   
Industrial Designs:  
Ex-officio novelty examination  
Reduction of opposition period 
Regulations on multiple applications and complex products 
Elimination of ‘feature statement’ requirement  
TMs:  
Restoration of some of the revoked Articles by the Constitutional Court decisions  
Genuine use of registered TMs will be sought in opposition procedures  Administrative improvement in registration process  
 
GIs:  
Establishment of GI Department 
Introduction of protection for Traditional Specialities Guaranteed (TSGs) 
Introduction of official GI and TSG logos Easement of registration process  
Enabling amendments in the register 
Improving inspection process of registered GIs   WT/TPR/M/331/Add.1 
 
- 74 - 
 
  (B. Test Data Protection) 
 Table 3.44  
Table 3.44 states that, regarding the protection of undisclosed information submitted in the 
context of marketing approval procedures for pharmaceuticals, a data exclusivity period of six years is granted under Turkish law as of first regi stration date in the Customs Union Area between 
the EU and Turkey. 
EU centralized marketing authorizations, however, grant approval only for the territory of the European Economic Area, while national authorisations by an EU member State still need to be recognized among EEA States.  
Could Turkey explain how a medicine authorized in the EU or in one EU Member State will be 
approved for the Turkish market and why the term of protection should not rather start with the 
marketing authorization in Turkey? Will the planned reforms modify the current regime?  
 
Turkey’s Answer:  As a candidate member to the Europe an Union, Turkey harmonized the EU 
Directives 2001/83/EC and set the duration of the data exclusivity as six years accordingly. But 
afterwards, EU has extended the duration to (8 + 2 + 1) for member states, and provided 
transition period to some new member states. This issue is the subject to further negotiotions for full membership with the EU. Currently, Turkey does not plan to make any changes on this 
provision. 
 
Table 3.44  
Table 3.44 further states, that with regard to th ose pharmaceutical products which benefit from 
patent protection in Turkey, the term of protection  is limited to the term of the patent protection. 
According to Article 39.3 TRIPS, however, undisclosed information is a distinct and separate 
subject-matter of protection from th e subject-matter protected by a patent. 
Could Turkey explain how such linking of the period of regulatory data protection to the period of 
patent protection complies with the obligations contained in Article 33 and 39.3 of the TRIPS Agreement respectively? Will the planned reforms modify the current regime? 
 
Turkey’s Answer:  WTO Agreement on Trade-Related Aspects of Intellectual Property Rights 
(TRIPS), Article 39.3, requires member countries to establish protections for submitted test data. 
Article 39.3 aims at preserving the confidential ity of the information submitted for marketing 
approval without any time limit. In this sense, TRIPS Article 39.3 can be interpreted as flexible. Therefore, it can be applied differently by many countries which acceded to the agreement. In our 
view, TRIPS Article 39.3 concerns data protection and protection without exclusivity is compatible 
with the minimum standards set forth in Article 39.3. Consolidated 2001/83/EC medicinal products directive which defines the details on data exclusivity is taken as legal basis by Turkey. On the other hand, data exclusivity period is defined in Turkish legislation as six years which is limited 
with patent term.   
 Additionally, Article 33 of TRIPS determines the Term of Patent Protection, which is not legally 
related to the term of data protection. 
 Table 3.44 
 
a) Table 3.44 only relates to medicinal products for human use whereas Article 39.3 of the 
TRIPS agreement expressly provide protection also for undisclosed data regarding agricultural chemical products. 
Could the Turkish authorities provide information on the protection granted to undisclosed 
data regarding agricultural chemical products? 
b) Article 39.3 protects undisclosed information submitted in the marketing authorisation 
procedure of products which utilize new chem ical entities. It seems however that the 
Turkish authorities do not grant such protection for undisclosed information submitted for marketing authorisation procedures regardin g products combining different chemical 
entities. 
Could Turkey please clarify if it grants protection to undisclosed information related to a new chemical entity when this entity is combined with an already known product? If this should not be the case, could the Turkish authority specify how this complies with the 
obligation of Article 39.3 and if the planned reform will modify the current regime? WT/TPR/M/331/Add.1 
 
- 75 - 
 
  Turkey’s Answer:  
 a) Documents given by licence holders regarding plant protection products are not made publicly available if the documents are classified as confid ential by the licence holders. These records are 
kept as “confidential” by the Ministry of Food, Agriculture and Livestock (MFAL). 
In case an applicant provides MFAL with industrial or commercial information, MFAL keeps this information as  “confidential”. 
This confidentiality is not valid for the following; 
 Physico-chemical data regarding active agents or plant-protection products, 
 Every kind of method that renders the active agent or the plant protection product 
harmless, 
 Results of the tests conducted to determine th at efficiency of the active agent or plant 
protection product and these agents or products are not harmful to animals, plants or the environment. 
 Methods and measures recommended for the reduction of risks related to usage, storage, 
transport and fire etc. 
 Methods of analysis 
 Methods regarding the destruction of plant protection products or their packages. 
 Procedures to be followed for cleaning in case of accidental spillage or leakage. 
  Applicants are required to notify the Minist ry when they disclose previously confidential 
information. The protection period in the EU is ten years while the protection period in 
Turkey is seven years for agricultural chemical products. 
 
b) In Turkey, regardless of the content of th e combination, all new chemical entities are 
granted with a period of 6 years data exclusiv ity, after first authorization of related new 
chemical entity in Turkey-EU Customs Union Area.  
 
4.1.4 Support programmes Para 4.16  
The report of the Secretariat notes in Para. 4.16 th at Turkey has not notified its domestic support 
programmes to the Committee on Agriculture in the review period. May we ask Turkey to explain what exactly has prevented it from fulfilling its notification obligation 
to the Committee on Agriculture and when it will submit the required notifications? 
 Turkey’s Answer : Turkey has started a work program to notify its pending agricultural sector 
support programs, on a gradual basis.  
 In due course,  we are looking for understandi ng of all members to complete this work. 
 
Para 4.17 
We note in Para. 4.17 of the Secretariat’s report th at Turkey supports agricultural crop production, 
inter alia, by diesel fuel and chemical fertilizer supports. We would like to ask whether the Turkish 
authorities plan to undertake reforms of these support programmes in order to eliminate 
incentives with potentially adverse effects on the environment and climate change.  
Turkey’s Answer : As of September 30th 2015, Turkey declared her Intended Nationaly 
Determined Contributions to UNFCCC. In that decl aration, Turkey expressed its intention, inter 
alia, for controlling the use of fertilizers and fuel savings which will help the reduction of emmissions. In order to achieve this goal, Turkey will be in a position to re-evaluate its support 
policies in the years to come.  
 4.1.5 Strategy and policy 
Para 4.19 
 According to paragraph 4.19 Turkey’s recent agricultural transformation also included a rural 
development strategy. 
 Regarding its rural development strategy, what are Turkey’s objectives? Are there specific measures for mountainous regions? 
 WT/TPR/M/331/Add.1 
 
- 76 - 
 
  Turkey’s Answer : The main objective of the rural development policy of Turkey is to improve and 
sustain the living and working conditions of rural population in their own area in line with the conditions in urban areas in order to raise the minimum standard of living to average country standards.  
 
The subgoals set for achieving this objective  are as follows;   
-Consideration of the agricultural and nonagricultural economic activities concomitantly in order to 
improve the rural economy in terms of production and employment, -Protection of rural environment and natural source s within the framework of adaptation to climate 
changes and green growth, 
-Investing in infrastructure in order to support production activities, raising landscape value of 
rural settlements and the quality of life, -Activating social policy practices as part of improving human capital and fighting poverty, 
-Developing innonative practices through giving pr iority to the layout patterns and demographical 
structure of the rural areas and local administration structures.  
There are no specific measures maintained for mountainous regions. 
 4.1.6 Export subsidies Para 4.24 
 
The report of the Secretariat notes in Para. 4.24 that Turkey has not notified its export subsidies to the Committee on Agriculture in the review period.  
 
May we ask Turkey to explain what exactly has prevented it from fulfilling its notification obligation to the Committee on Agriculture and when it will submit the required notifications? 
 
Turkey’s Answer: Turkey will comply with its notification  requirements by the next meeting of 
the Committee on Agriculture which will be held on 7-8 June, 2016. WT/TPR/M/331/Add.1 
 
- 77 - 
 
  CHINESE TAIPEI 
PART I: REGARDING THE SECRETARIAT REPORT (WT/TPR/S/331) 
 SUMMARY 
 
Page 12 (Para 16) Over the past three decades, much of Turkey's  economic development has been based on the 
country's large and diverse manufacturing base. Turkey's relatively low labour costs, well-trained 
workforce, and strategic location have helped build a strong manufacturing sector focused on medium- and high-value-added goods. In 2014, the industrial sector accounted for 17.8% of GDP, 
76.7% of total goods exports and 20.5% of employ ment. Turkey's key industrial export sectors 
are automotives, textiles and clothing, chemicals, machinery, iron and steel, electronics, and jewellery. Small and medium-sized enterprises (SMEs)  constitute a key part of the industrial sector 
in Turkey. Under the Tenth Development Plan, th e Input Supply Strategy, and Turkey Vision 2023 
the Government has set out multiple objectives for manufacturing, including increasing production 
of intermediate and finished goods in orde r to, inter alia, reduce the trade deficit. 
 
Question 1 
Please describe the main points of the“Input Supply Strategy.”  
Turkey’s Answer: “Input Supply Strategy” (GITES) and its Action Plan (2013-2015), whose 
preparatory work dates back to 2010, was officially established with the publication of the Official 
Gazette No 28508 on 25 December 2012. GITES was established in order to eliminate/reduce the uncertainities regarding the sustainability of inputs, the regional imbalances in input supply and 
the risks about the future of natural sources, whic h is expected to decrease import dependency in 
intermediates and to increase competitiveness in export-oriented production.  
Question 2 
Will the targets of the“Turkey Vision 2023”be revised if the external environment changes? 
 
Turkey’s Answer: All programs and strategies particularly “Turkey’s Export Strategy for 2023” 
are formed in accordance with the needs and de mands of private sector brought by the present 
global economic and political circumstances. Since it is planned as a long-term perspective, it has a dynamic and flexible structure to adapt to the new external terms and changes caused by the 
risks and opportunities created in the world economy. Althought there exists no such plan, it is 
always possible to consider the developments within the global economic environment.   
Question 3 
Which agencies are responsible for formulating the“Tenth Development Plan”and“Turkey Vision 2023”? If there are two different agencies in ch arge, how do they collaborate to achieve the 
targets? 
 Turkey’s Answer: “Tenth Development Plan” and “Turkey’s Export Strategy for 2023” are 
formulated and being implemented by two differ ent Ministries, respectively the Ministry of 
Development and the Ministry of Economy. Apart from these, all public programs like “Tenth 
Development Plan”, “Medium-Term Plan” are focusi ng on short-term targets and action plans, 
conversely the “Turkey’s Export Strategy for 2023”, which has a dynamic, flexible and 
collaborative structure, comprises of long-term projects and policies to reach 2023 targets. So, in 
other words, the objectives of the Tenth Develo pment Plan and other public plans are identical 
with the long lasting targets of “Turkey’s Export Strategy for 2023” and the ultimate goal is to 
reach 2023 targets together. 
 3 TRADE POLICIES AND PRACTICES BY MEASURE  (1) 3.1 Measures Directly Affecting Imports 
(i) 3.1.5 Tariff 
 Page 50 (Para 3.32) 
Turkey's simple average applied tariff rate has increased slightly over the review period, from 
12.2% in 2011 to 12.8% in 2015 (Table 3.1). This is mainly due to tariff rate increases (see Table A3.1) and higher AVEs due to lower import unit prices. Turkey raised the rates of certain customs duties in response to requests from domestic producers. WT/TPR/M/331/Add.1 
 
- 78 - 
 
  Question 4 
What is the main consideration for increasing tariff rates? Does it affect the extent of market access to the Turkish market? Does it comply with the WTO trade liberalization commitment to gradually decrease tariff rates?  
 
Turkey’s Answer: After 2008 global crisis, there has been a difficulty in entering foreign markets 
worldwide. Turkey has always drawn the attention of other countries to this reality.  
 
Turkey’s applied rate for non-agricultural produc ts has been 5.5%, whereas 49.0% for agricultural 
products in 2015. Although there are slight increa ses in some tariff lines, affecting the general 
average, Turkey believes that reducing the commitment levels is a matter of WTO rounds. 
 
Page 51 (Para 3.34) A full comparison between Turkey's bound and ap plied rates was not possible due to nomenclature 
differences (Turkey's bound commitment schedule is in the HS 2002 nomenclature, while its 
applied tariff schedule is based on the HS 2012 nomenclature). Nevertheless, it appears that for 47 tariff lines, the applied MFN rates exceed bound rates (Table 3.2). However, this is likely 
underestimated because 5% of tariff lines could not be compared due to nomenclature differences. 
 Question 5 The report points out that Turkey's bound commitment schedule uses the HS 2002 nomenclature, 
while its applied tariff schedule is based on the HS 2012 nomenclature. Has Turkey considered 
adjusting its bound commitment schedule by uniformly using the HS 2012 nomenclature? If so, when will this be completed? If not, what is the rationale? 
 
Turkey’s Answer: Turkey has been in the process of adjusting its WTO List of Concession 
Schedule to HS 2012. The drafting already has been completed and will be notified to the WTO 
Secretariat as soon as possible. 
 Question 6 The report points out that it appears that for 47 tariff lines, the applied MFN rates exceed bound 
rates. Will Turkey decrease those tariff rates in accordance with its WTO commitment?  
 Turkey’s Answer: In the framework of EU-Turkey Customs Union, Turkey has the obligation to 
undertake EU’s Common Customs Tariffs regarding the imports to the third countries. The case for 
the 47 tariff  lines, the applied MFN rates have been implemented as the same rates with the CCT 
rates, apparently exceeding Turkey’s bound rates in certain tariff lines. Turkey is planning to 
consult this issue with the EU Commission with a view to finding a solution both preserving WTO 
bound commitments and its Customs Union requirements without causing trade diversion.  (ii) 3.1.7 Import prohibitions, restrictions and licensing 
 
Page 66 (Para 3.54) Various goods are subject to import licensing, inter alia , to enforce compliance with international 
conventions, and for national security or pub lic/ worker safety (Table 3.16). There are no 
restrictions on the importers eligible to apply for import license. In all cases the licensing requirements apply to goods imported from all countries, except for certain fertilizers imported 
from the EU(see below). 
 Table 3.16 (Import requiring a license, Item 3,  Description on Energy  Sector, Electricity 
and Natural Gas) 
Description (legal basis and number of 
tariff lines affected) Requirements and rationale 
Energy sector: Electricity and natural gas  
 
 Petroleum and LPG Imports are only allowed by companies licensed 
by the Energy Market Regulatory Authority 
(EMRA) in order to ensure effective operations in 
m a r k e t  a c t i v i t i e s  a n d  t o  c o m p l y  w i t h  r e l e v a n t  
legislation. Imports are only allowed by companies licensed 
by EMRA in order to prevent the unorthodox use 
of those items out of purpose and to ensure fuel quality. WT/TPR/M/331/Add.1 
 
- 79 - 
 
  Question 7 
Table 3.16, regarding imports of the energy sector , mentions that the electricity, natural gas, 
petroleum, and LPG imports are only allowed by companies licensed by the Energy Market Regulatory Authority (EMRA). Also, as said by the Secretariat, there are no restrictions on the 
importers eligible to apply for import license. What is the current licensing mechanism of the 
EMRA? Has consideration been given to the principle of national treatment when dealing with both domestic and foreign companies?  
 
Turkey’s Answer:  Licensing mechanisms are described in respective regulations issued by EMRA. 
All necessary regulations are published on EMRA’s website. Pertaining to licenses regarding energy imports, all applicants are required to be established as limited liability company or joint stock 
company according to Turkish Commercial Law No 6102. With regard to petroleum market, private 
legal entities those are conducting market activiti es in Turkey and that are established as equity 
companies in accordance with foreign states legislation are deemed as located in Turkey, as per 
the provisions of the legislation on the Protection of the Value of Turkish Currency.  
 Question 8 
In addition to those energy sectors mentioned above, are there any other standards required for 
energy imports to be issued the EMRA license?  Turkey’s Answer:  For electricity imports from the countries of which synchronous parallel 
operating scheme has not been established, political assessment of the Ministry of Energy and 
Natural Resources and technical assessment of the Turkish Electricity Transmission Corp is required before granting the import permission . Natural gas imports through pipelines from the 
countries with which BOTAS has import contracts are not allowed for private companies. 
 (iii) 3.1.8 Contingency measures 
Page 68 (Para 3.59) 
Turkey remains a significant user of the anti-d umping instrument. Over the period 1995-2014, it 
was ranked in 10
th place among WTO members in terms of the number of anti-dumping 
investigation initiated and in 7th place in terms of the number of anti-dumping measures imposed.  
 
Page 69 (Para 3.64) Turkey has been the third biggest user of safeguard measures since the WTO’s inception, initiating 
21 safeguard investigations over the period 1 January 1995 to 30 April 2015 and taking 14 
safeguard actions over the same period.  
Question 9 
It is well-known that the aim of imposing anti-d umping and safeguard measures is to protect local 
industries. However, we have noticed that quit e a number of these measures have been imposed 
for several years (textiles products for example) an d resume after sunset reviews. In this regard, 
we would like to know if Turkey has considered or implemented any effective sector policies to 
accelerate the development of local industries.  
 
Turkey’s Answer: In Turkish national legislation on trade remedies, the conditions necessary to 
initiate investigations for safeguard measures are clearly stated and if domestic producers make proper applications, the investigating authority has to take them into consideration. Turkey is well 
aware of the fact that safeguard measures ar e designed for addressing exceptional trade 
circumstances and Turkey uses safeguard measures accordingly. Since the inception of WTO, Turkey has taken 14 safeguard measure but for the last 7 years Turkey has taken only 3 
safeguard measures. Currently 4 safeguard measures are in effect and one of which is about to be 
phased out in April 2016. Furthermore, all the safeguard measures are progressively liberalized in 
order to ensure the adaptation of the local industries to international competition.   
Turkey has been the 17
th largest economy in the world, and also one of the fastest growing 
countries. In this regard, it can be confirmed that Turkey implements special sectoral policies to accelerate the development of local industries, which are in conformity with Turkey’s international 
commitments.  
 Question 10 We have noticed recently that Turkey has changed some of its practices in trade remedy 
investigations. For example, questionnaires and supporting documents are now required in WT/TPR/M/331/Add.1 
 
- 80 - 
 
  Turkish, while before English was acceptable. What were the aims and considerations for this 
change? Were any announcements made?  Turkey’s Answer: For the trade remedy investigations, questionnaires are standard documents, 
and like many other WTO members, Turkey also asks these documents in its official language, 
which is Turkish. However, the requests of interested parties for extensions in the duration for translation purposes are accepted. On the other hand interested parties can always send additional 
information or supporting documents in English. These documents are also taken into 
consideration.  Page 69 (Para 3.62) 
Turkey's legal framework for the imposition of safeguard measures consists of Decree 
No. 2004/7305, amended by Decree No. 2007/12850 an d the Regulation on Safeguard Measures 
for Imports, as revised in 2011 and 2013.
47 The 2013 amendment extends the investigation period 
of a safeguard measure in two respects. Firstly, fo llowing the announcement of the initiation of an 
investigation a 40-day, rather than 30-day, period is allowed for interested parties to submit their views in writing, provide information, and apply to be heard orally. Secondly, while the 
investigation period remains the same (9 months), this period can now be extended for six months 
in exceptional circumstances (rather than two). With respect to the duration and review of 
safeguard measures, the 2013 amendment clarifies that a new investigation to extend the duration of a safeguard measure may be initiated either upon application or ex officio.
48 
 
Footnote 47:  
Regulation on Safeguard Measures for Imports published in the Official Gazette  No. 254486 
on 8 June 2004, revised by the Regulation on  Amendment of the Regulation on Safeguard 
Measures for Imports ( Official Gazette  No. 27961 of 11 June 2011 and Official Gazette  No. 28836 
of 29 November 2013). As reported in Turkey's previous review,  the 2011 amendment extends the 
scope of safeguard measures to imports of parts of components of a product subject to a 
safeguard measure, or parts or components inco rporating the value added to be safeguarded by 
the imposed measure.  
Question 11 
According to the Regulation on Amendment of th e Regulation on Safeguard Measures for Imports 
(Official Gazette No. 27961 of 11 June 2011) mentioned in footnote 47, the scope of safeguard 
measures can be extended to imports of parts of components of a product subject to a safeguard 
measure, or parts or components incorporating th e value added to be safeguarded by the imposed 
measure. Please explain when it is decided in a ca se to extend the scope of products in safeguard 
measures. If a decision is not made until safeguard measures are about to be applied, please 
explain the justification for such practice.  Turkey’s Answer: The mentioned amendment regarding the inclusion of components of a product 
subject to a safeguard measure was made through adding a new paragraph to the end of Article 6 
of Decree No. 2004/7305 of the Council of Ministers on Safeguard Measures for Imports, dated 10 
May 2007.  
 
The rationale is to prevent the circumvention of a safeguard measure through basic assembly of the product subject to safeguard measure after importation. 
 
(2) 3.3 Measures affecting production and trade 
(i) 3.3.3 Competition policy and price controls  
Page 103 (Para 3.183) 
Privatization methods, pursuant to the law, are provided by sale, lease, grant of operational rights; establishment of property rights other than ownership; and a profit-sharing model and other 
legally defined methods depending on the nature of the business. Foreign investors may 
participate in the bidding in accordance with the Foreign Direct Investment Law No. 4875 enacted on 5 June 2003. In addition to the privatization of strategic sectors, the law provides for the 
privatization of public services to be achieved through the granting of operational rights subject to 
a separate law put in place for such services. The privatization law also provides for sales to foreigners through sales to foreign investors and international offerings. Foreign investors in real estate sales are subject to the Land Registry Law No. 2644. There is no legal limit on sales of SOEs 
to foreigners. WT/TPR/M/331/Add.1 
 
- 81 - 
 
  Question 12 
For privatization of state-owned power generation plants, which method (e.g. sale, lease, grant of operational rights, establishment of property rights other than ownership, profit-sharing model, etc.) is carried out?  
 
Turkey’s Answer: For privatization of state-owned power generation plants, privatization 
methods are  transfer of operational rights and sale of assets. Hydropower plants are privatized 
through a Transfer of Operational Rights method for a maximum of 49 years. With all costs 
and profits belong to the company, the ownership still remains at the government/EUAS. At the end of 49 years, operational rights are returned to Government. New Operator Company is free to make any additional investment on its own cost. Thermal power plants are privatized through 
an Asset Sale m e t h o d  a n d ,  i f  a n y ,  r e l a t e d  m i n i n g  l i c e nses and mining sites covered by these 
licenses are privatized through a Transfer of Operational Rights method for a maximum of 49 
years.  
 
Question 13 Are foreign investors eligible to invest in power generation plants? 
 
Turkey’s Answer: Foreign investors are eligible to invest in power generation plants. Both foreign 
and domestic power generation investors should be certified by a licence issued by the Electricity Market Regulatory Authority (EMRA). 
 
(ii) 3.3.5  Government Procurement Page 111 (Para 3.201)  
Turkey has been participating as an observer in the WTO committee on Government Procurement 
since June 1996. Turkey has not concluded any regional trade agreements with government procurement chapters providing market access rights to foreign suppliers.   
 
Question 14 Currently, Turkey’s government procurement is not open to foreigners. Foreign companies need to 
cooperate with local Turkish companies to access bids for business in order to overcome difficulties 
in either information disclosure or procurement procedures. To encourage more FDI for 
government procurement projects, has Turkey cons idered opening this market by becoming an 
official member of the GPA? 
 
Turkey’s Answer:  In principle, domestic and foreign tenderers may submit tenders for any 
procurement within the scope of the Public Procurement Law No. 4734. However, a discretionary 
power is provided for the contracting authorities allowing them to make arrangements in favour of 
the domestic tenderers by this Law.  In this co ntext, Article 63 of the Law No. 4734 provides that 
in procurement of services and works, estimated costs of which are above the thresholds, a price advantage up to 15% may be applied in favour of domestic tenderers and in procurement of 
goods, a price advantage up to 15% may be appl ied in favour of tenderers who offer domestic 
products; and in cases where the estimated costs are below the thresholds, only domestic tenderers may be allowed to participate in public tenders provided that it is expressly laid down in 
tender document. 
 Therefore, closing up the procurement market to fo reign tenderers by the contracting authorities is 
only possible for the cases where the contract valu e is below the threshold.  Above the thresholds, 
all public contracts are open to foreign participation, however a price advantage up to 15% may be applied for the awarding of such contracts. In pr inciple domestic price preference is not mandatory 
and using it is in the discretion of the contracting authorities. However, in the procurement of 
some medium and high technology industrial products listed by the Ministry of Science, Industry 
and Technology, it is compulsary to apply price advantage up to 15% to tenderers offering domestic goods.  
 
As a result, it can be deduced that public procur ement legislation and implementation in Turkey do 
not impose a significant barrier for participation of foreign tenderers to public contracts awarded in 
Turkey and most of the public contracts are open  to foreign tenderers. In addition, other than 
price preference, foreign and domestic tenderers have same rights regarding any procurement proceedings and information disclosure.  WT/TPR/M/331/Add.1 
 
- 82 - 
 
  On the other hand, Turkey is a candidate country  for EU membership. When Turkey becomes a full 
member of EU, it will auto matically be part of GPA. 
 (iii) 3.3.6 Intellectua l property rights 
Page 119 (Para 3.229) 
Turkey has 23 courts located in Istanbul, Ankara and Izmir, specialized to hear IP-related dispute cases; 13 of these are civil IPR courts and 10 are criminal IPR courts. IP cases in other 
geographical areas are handled by general civil co urts and general criminal courts. Right holders 
may ask for the following civil measures in civil courts of first instance: precautionary measures; prevention or cessation of infringement; damages; confiscation of the products and equipment/machinery used in the production of pirated and counterfeit goods; transfer of 
ownership, or destruction, of the products and th e means of production seized. The average length 
of conclusion of cases in specialized civil IP courts was reduced from 468 in 2011 to 377 days in 2014 and in criminal cases it decreased from 291 to 249 days over the same time-period. 
 
Question 15 Are these 23 specialized courts and general courts  the first instance courts? If so, are there any 
specialized appeal courts and supreme courts that  handle the second and third instance of IP 
litigations?  Turkey’s Answer:  Turkey has 23 courts located in Istanbul, Ankara and Izmir specialized in IP-
related cases; 13 of these are civil IPR courts and 10 are criminal IPR courts. IP cases in other 
geographical areas are handled by general civil courts and general criminal courts (If there are general civil and criminal courts less than three, the first one is the competent court to handle with 
IPR cases. If there are more than three general civil and criminal courts, third one is the 
competent court to handle with IPR cases in accordance with the Decision of High Council of Judges and Prosecutors. 
 
In the Court of Cassation;   
 11th Civil Chamber is the competent chamber to review decisions rendered by civil courts of 
first instance, 
 19th Criminal Chamber is the competent chamber to review decisions rendered by criminal 
courts of first instance, 
 
Question 16 
May the accused infringer argue the validity of the issued patent in a patent infringement civil litigation? How does the civil court deal with the validity issue during the trial? 
 
Turkey’s Answer:  It is not sufficient to submit the allegation that the patent which is the subject 
matter in a case regarding patent violation does not have the conditions for validity solely as a defense. This allegation should be submitted in a co unter litigation to be brought or in a litigation 
to be separately brought in due time. Where such a litigation is brought, the court primarily 
determines whether the patent is valid or not. If it is held that the patent is valid, it is evaluated whether there has been a violation or not. The reason  of that is the provision in the article 131 of 
the Decree-Law on the Protection of Patent Rights. 
 “Article 131:  
A (Court) Decision ruling that the patent is invalid, shall have retroactive effect. Thus, within the 
context of invalidation, the legal protection secured for an application for patent or for a patent under this present Decree-Law shall be deemed not to have been borne at all.   
The retroactive effects of invalidity, without prejudice to claims for compensation for damage 
caused by acts of bad faith on the part of the ho lder of the patent, shall not extend to/affect the 
following situations:  
a) Any final decision for infringement of the pate nt reached and enforced prior to the decision of 
invalidity;  b) Contracts concluded and executed prior to the decision of invalidity. However, reimbursement, 
in whole or in part, of sums paid under the contract may be claimed on grounds of legitimate 
reasons and of equity to an extent justifiable by the circumstances.  
A decision of invalidity having become res judicata shall produce effect against all.”  
 
 WT/TPR/M/331/Add.1 
 
- 83 - 
 
  Question 17 
How long does it take general civil and criminal courts to conclude IP cases?  Turkey’s Answer:  The table illustrating the average trial periods of the cases handled in Civil and 
Criminal Courts of Intellectual and Industrial Rights are given below:  
 
Trial Period of Civil an d Criminal Cases (Days) 
 Years 
2010  2011  2012 2013 2014  
Civil Courts of IPR 
 544 468 521 425 377  
Criminal Courts of IPR 321 291 261 260 249 
 
Page 119 (Para 3.234) Turkey's National Intellectual and Industrial Pr operty Strategy recognizes the slow judiciary 
process as one of its weaknesses. As noted by the EIU, while the courts have been effective in 
working with Turkish Internet Services Providers to block access to websites in response to complaints about copyright infringement, there are concerns about Turkey's enforcement regime 
regarding the role of ISPs in internet piracy; the need to compel ISPs with knowledge of 
infringement to cooperate with right holders seeking relief; and facilitate the identification of copyright infringers who may use ISP services to hide their identities. The International Intellectual Property Alliance (IIPA) has drawn attention to the growth in use of circumvention tools, allowing 
internet and mobile users to override or neutralise the technological measures taken to protect 
software. Apparently those subsectors especially affected by internet piracy are providers of 
music; online video streams; books; and educational, business and entertainment software. 
 
Question 18 What measures does Turkey have to make the judiciary process more effective? 
 
Turkey’s Answer:  According to the Article 72 of “Law on Intellectual and Artistic Works”  No. 
5846, any person, who produces, puts up for sale, sells or possesses non-private use programs and technical equipment which aim to circumvent additional programs developed to prevent illegal reproduction of a computer program shall be sentenced to imprisonment from six months to two 
years.  
 The judiciary implements the provisions in the le gislation and uses the competences given by the 
legislation. Therefore, if more effective procedures  are provided in the related articles of the Law 
No:5846 by the Ministry of Culture and Tourism through the amendment of the Law, the Judiciary 
can take more effective measures on the issue. 
 
(3) 4.3 Services 
(i) 4.3.3  Telecommunications Page 167 (Para 4.178) 
Türk Telekom was established in 1995 as part of the reforms to split the post, telegraph, and 
telephone monopoly into separate entities. The company was privatized in 2005 and the shareholders presently are: Oger Telekomünikasyon A. Ş (55%); the Turkish state treasury (30%); 
and the remaining 15% of the shares are public ly traded. In January 2013, the Government 
announced plans to further privatize the company by selling 6.7% of Türk Telekom's total shares currently owned by the treasury. 
 
Question 19 What restrictions are there on foreign investment in telecommunications in Turkey?  
Turkey’s Answer:  Turkey does not impose any restriction on foreign investment in 
telecommunications. The only requirement for th e supply of telecommunication services is the 
establishment of commercial presence. Investors should find a company in the form of 
incorporation or limited liability company in accordance with the laws of Turkey for the purpose of 
performing activities within the scope of author ization to supply telecommunications services. In 
addition, there is no limitation regarding nationality. WT/TPR/M/331/Add.1 
 
- 84 - 
 
  REPUBLIC OF KOREA 
PART I: Comments Regarding the Secretariat Report 
 Page 69 (Para 3.1.8.2) 
 Turkey has been the third biggest user of safeguard measures since the WTO's inception, initiating 21 safeguard investigations over the period 1 January 1995 to 30 April 2015 and taking 14 
safeguard actions over the same period. 
 Comment 1 
 The government of the Republic of Korea would like to raise its concern that the frequent   resort to safeguard measures by the government of  the Republic of Turkey could undermine 
transparency and predictability of the Turk ish market, creating an unfavorable business 
environment for foreign producers and investors.  
 Safeguard measures are designed to act as a trade remedy for addressing exceptional trade 
circumstances, not as a tool to promote ones' own domestic industry. Furthermore, when the 
application of the measures do not meet the WT O requirements, it could result in unnecessary 
trade disputes which is against the commercial interests of all Turkish industries, having a negative 
impact on both Turkey’s economic growth and tr ade facilitation efforts. Therefore, decisions 
regarding investigation and imposition of safeguard measures should be made objectively and carefully.  
 
Comment by Turkey: In Turkish national legislation on trade remedies, which are totally in line 
with WTO Agreements and practice, the conditions necessary to initiate investigations for safeguard measures are clearly stated and if domestic producers make proper applications, the 
investigating authority has to take them into consideration. Turkey is well aware of the fact that 
safeguard measures are designed for addressing exceptional trade circumstances and Turkey also acknowledges the importance of transparency and predictability in achieving growth in 
international trade and for creating a favorable business environment for foreign producers and 
investors. However, it should be noted that for the last 7 years Turkey has taken only 3 safeguard measures which can by no means regarded as frequent.  
 
PART II: Comments Regarding the Turkey Report 
 Page 10 (Para 3.43.) 
 In 2014, Turkey’s exports to Korea were US$471 million, while Turkey’s imports from Korea were US$7.6 billion. 
 
Comment 1 
 Although trade volume between the two countries  show imbalances, the overall evaluation of 
bilateral economic relations should take into consideration broader aspects.  
 First, imports of components and intermediary good s to Turkey contribute to Turkey’s exports to 
European countries since they are assembled into  Europe-bound final pr oducts. Second, Korea’s 
production facilities in Turkey hire local labor force, again contributing to the employment of Turkish young workforce. Furthermore, Korean busi nesses are open to transfer of technology and 
know-how to Turkey's local businesses, which ra rely occur between European or other advances 
industrial nations and Turkey. Lastly, invisible trade balance including large influx of Korean tourists should be taken into account. Surpassing  250,000 in number of its tourists visiting Turkey 
2015, Korea is contributing local economy of Turkey.  
 
All in all, trade imbalance is one of inevitable ph enomenon that a country has to go through during 
the transition phase of industrialization, an d Korea had the same experience with Japan 
throughout the last 30 years. Turkey has trade deficits with all its close trade partners, and Korea 
is not an exception. Rather, it is open to manage  trade relations with Turkey in a way Turkey could 
benefit from them. A comprehensive understanding of the balance of trade would better serve the interest of Turkey.   WT/TPR/M/331/Add.1 
 
- 85 - 
 
  Comment by Turkey:  As a country with 18 Free Trade Agreements (FTAs) in force and 5 others 
that are under internal ratification process, Turk ey has an explicit and sound understanding with 
respect to all aspects of its FTAs.    
Turkey aims to expand its relation with Korea to a broader perspective. Based on this 
understanding, Turkey has completed its first deep and comprehensive free trade agreement with Korea with the signing of the Agreement on Trad e in Services and the Agreement on Investment 
under the Free Trade Agreement as referred to under paragraph 3.45. 
 In fact, Turkey does not have trade deficit with its all close trade partners as mentioned in Korea’s comment. Yet, the trade imbalance of 7.1 billion dollars in favor of Korea is the highest compared 
to Turkey’s other FTA partners. 
 Additionally, Turkey is aware of the fact that th e trade deficit slightly decreased in the year of 
2015. In order to sustain an effective economic re lationship between Turkey and Korea, which is 
growing and deepening on the mutual benefit of  both sides, the two sides have to work 
collaboratively to further diminish the trade imbalance. WT/TPR/M/331/Add.1 
 
- 86 - 
 
  CHILE 
Documentos: WT/TPR/G/331 y WT/TPR/S/331 
I. Informe de la Secretaría:  
I.1 Párr 3.1.8.1 Medidas antidumping y compensatorias 
 
Párr 3.59 
‘Turquía sigue recurriendo a los procedimientos antidumping con frecuencia. Durante el período 
comprendido entre 1995 y 2014, ocupó el décimo lugar entre los Miembros de la OMC en lo relativo al número de investigaciones antidumping iniciadas y el séptimo lugar en cuanto al 
número de medidas antidumping impuestas. La mayoría de esas medidas afectaron a las líneas 
arancelarias de las Secciones VII (plástico y caucho y sus manufacturas), XI (materias textiles y sus manufacturas) y XV (metales comunes y manufacturas de estos metales) del SA.42 En septiembre de 2015, Turquía mantenía en vigor medidas antidumping respecto de 23 Miembros de 
la OMC. China era objeto del mayor número de medidas, seguida por Indonesia, el Taipei Chino, la 
India, Malasia, Tailandia y Viet Nam. Durante el período examinado, se han prorrogado varias medidas antidumping (cuadro A3.2). Diversas me didas en vigor incluyen medidas contra la 
elusión’. 
 Pregunta 1)  El párrafo 3.59 menciona que Turquía tiene algunas medidas contra la elusión. Chile 
agradecería a  Turquía dar mayor información de estas medidas, además de la legislación 
pertinente para la aplicación de las mismas.  Turkey’s Answer:  Anti-circumvention Legislation is a part of Regulation on the Prevention of 
Unfair Competition in Imports . Anti-circumvention provisions are stated under the Articles 4 
and 38. The legislation can be reached through the link below:  http://www.ekonomi.gov.tr/ 
portal/content/conn/UCM/uuid/dDocName:EK-218393. 
 
I.2 Párr 3.1.8.2 Medidas de salvaguardia 
 
Párr 3.62 
‘El marco jurídico que rige la imposición de medidas de salvaguardia en Turquía está constituido por los siguientes instrumentos: el Decreto Nº 2004/730545, modificado por el Decreto Nº 2007/1285046, y el Reglamento sobre las Medidas de Salvaguardia relativas a las Importaciones, 
revisado en 2011 y 2013.47 La modificación de 2013 amplía el período de investigación 
correspondiente a una medida de salvaguardia en dos sentidos. En primer lugar, tras el anuncio de iniciación de una investigación, se concede un período de 40 días, en lugar de 30 días, para que 
las partes interesadas presenten sus opiniones po r escrito, aporten información y soliciten una 
audiencia. En segundo lugar, aunque el período de investigación sigue siendo el mismo (nueve meses), ahora puede ser prorrogado por seis meses (en lugar de dos) en circunstancias 
excepcionales. Con respecto a la duración y el examen de las medidas de salvaguardia, la 
modificación de 2013 aclara que se puede iniciar una nueva investigación para prorrogar la duración de una medida de salvaguardia previa solicitud o de oficio’.  
Pregunta 2)  El párrafo 3.62 menciona que en la modificación de 2013 se cambiaron algunos 
aspectos de la duración y el examen de las medidas de salvaguardia. Al respecto, aclara que es posible iniciar una nueva investigación para prorrogar la duración de una medida de salvaguardia 
previa solicitud o de oficio. 
 Chile agradecería a Turquía entregar información que detalle el procedimiento para los exámenes 
de vigencia (o revisión administrativa) de sus medidas de salvaguardia. ¿Este cambio significa que 
es necesario iniciar una nueva investigación para prorrogar las medidas o lo establece solamente como una opción?  
Turkey’s Answer: Administrative procedures of a safeguard measure has been set forth by the 
Decree on Safeguard Measures for Imports as well as  by the Regulation on Safeguard Measures for 
Imports. These legislations were notified to the WTO with the documents G/SG/N/1/TUR/1, 
G/SG/N/1/TUR/2 and G/SG/N/1/TUR/3 as well as with their Supplements and Revisions.  
 On the other hand, according to the Paragraph 3 of the Article 11 of the Regulation on Safeguard Measures for Imports (G/SG/N/1/TUR/3/Suppl.2): WT/TPR/M/331/Add.1 
 
- 87 - 
 
  “The duration of the measure may be extended in accordance with the results of a new 
investigation to be initiated upon application or ex officio, provided it is determined that the 
safeguard measure continues to be necessary to prevent or remedy serious injury and there is 
evidence that the domestic producers are adjustin g to the conditions of the internal market. An 
extended measure shall not be more restrictive th an it was at the end of the initial period, and 
shall continue to be liberalized. The total period of application of a safeguard measure shall not 
exceed ten years for the members of the WTO.” 
 
In this article “new investigation” does not mean a new measure. In fact, original measure 
continues to be in effect, however for an extensio n, a new investigation has to be conducted. This 
clause was also effective before the 2013 amendments in the regulation. 
 
I.3 Párr 3.3.2 Incentivos, ayuda estatal y subvenciones (Cuadro 3.26 Características 
principales de los programas de ayuda estatal)  
 
Pregunta 3)  Chile agradecería a Turquía proporcionar mayores antecedentes sobre ayuda 
entregada en materia de certificación. ¿Para qué tipo  de certificación, en el ámbito ambiental, está 
dirigido este programa? y ¿a qué sectores está orientada? 
 Turkey’s Answer: Certain amount of fees for laboratory analysis and for certificates required by 
importing countries to ensure compliance with standards, technical regulations, such as 
environmental safety, animal and human health, product safety and quality etc are provided.  All 
sectors, without any discrimination, can benefit from this aid.  
I.4 Párr 3.1.9 Normas y otras prescripciones técnicas 
 
3.1.9.2  Política y marco 
Pregunta 4)  ¿Existe un mecanismo formal de coordinación con todos los Ministerios o agencias 
regulatorias liderado por el Ministerio de Economía? 
Turkey’s Answer: Decision of Council of Ministers No. 97/9196 states that the Ministry is 
assigned as the coordinator authority with respect to the harmonization of EU legislation. In this 
line, all competent authorities send their draft legislations to the Ministry for consultation. The 
Ministry provides opinion for the drafts and submit s the final drafts to the European Commission to 
get its opinion.  
Pregunta 5)  Cuál es el plazo mínimo de entrada en vigor de los reglamentos técnicos? ¿Está 
definido de manera centralizada? 
Turkey’s Answer: The period of entry into force of techni cal regulations varies depending on the 
content and urgency of the regulation. In some case s, the legislation enters into force at the time 
of publication in the Turkish Official Gazette, whereas in some cases transitional period is given.    
Pregunta 6)  ¿Existe un proceso estandarizado para la elaboración de reglamentos técnicos que 
deben cumplir las agencias competentes? Si es así, en qué instrumento o figura legal está definido? 
Turkey’s Answer: Turkey considers that prior consultation and notification are very important for 
the implementation of the legislation. In acco rdance with the Regulation on Procedures and 
Principles of Preparation of Legislation, published in the Official Gazette No.  26083 and dated 17.02.2006, the authorities shall circulate draft regulations to relevant public institutions as well as 
other stakeholders, including universities and NGOs for consultation. Besides, draft regulations are 
disclosed to public attention, if it deems necessary.  
However, there is no individual process for the development of technical regulation.  
3.1.9.2.1  Adaptación a la UE 
 
Pregunta 7) ¿ Existe un plazo para la adecuación de la legislación de Turquía a la legislación de la 
UE? 
Turkey’s Answer:  Decision No. 1/95 of the EC-Turkey Association Council Decision (ACD) 
requires Turkey to incorporate into its internal legal order the Community instruments relating to 
the removal of technical barriers to trade within five years from the date of entry into force of the WT/TPR/M/331/Add.1 
 
- 88 - 
 
  Customs Union. In fact, in ACD No. 1/95, harmonization of the EU’s technical legislation is 
designed as one of the very basic elements for meet ing the principle of free circulation of industrial 
goods between the Parties.    
In this respect, ACD No. 2/97 listed the EU’s technical legislation with which Turkey would align in 
this 5-year period and Turkey has accomplished to transpose the EU legislation listed in ACD No. 2/97 to a very large extent. This alignment included both horizontal rules on accreditation, 
standardization, conformity assessment and metrology and technical regulations of products. 
 On the other hand, ACD No. 1/95 defines ‘legislation on the abolition of technical barriers to trade in industrial products’ as one of the areas of di rect relevance to the operations of the Customs 
Union. Therefore, for the proper functioning of the Customs Union, Turkey’s continuous alignment 
with the EU legislation is required with respect to EU’s technical legislation.  
In fact, the evolving nature of the EU’s technical legislation also necessitates a dynamic approach 
for alignment. So Turkey, in order to meet the re quirements of the Customs Union Decision and to 
fully benefit from the pr inciple of free circulation of good s between Turkey and the EU, has an 
approach towards aligning with the EU’s technical legislation on a continuous, substantial and 
timely basis.   
3.1.9.5  Infraestructura de la calidad 
 
Pregunta 8)  Respecto a los acuerdos multilaterales sobre el reconocimiento de sus actividades de 
acreditación que ha suscrito TURKAK, cuáles son específicamente? 
Turkey’s Answer: TURKAK has signed a multilateral agreement (MLA) with EA and mutual 
recognition agreements (MRAs) with national accr editation bodies of members of both ILAC and 
IAF on its accreditation activities.  
Pregunta 9)  ¿TRUKAK tiene MLA suscritos ante el IAF (International Accreditation Forum)? 
Turkey’s Answer: As is mentioned in the previous answers, TÜRKAK has MRA with IAF.  
Pregunta 10)  En relación a la evaluación de la conformidad, ¿reconoce Turquía certificaciones 
extranjeras? Si es así, a través de qué mecanismos opera dicho reconocimiento? ¿es mediante acuerdos específicos? ¿En qué sectores? 
Turkey’s Answer: Turkey recognizes the certificates from EU-based conformity assessment 
bodies in line with its Customs Unionwith the EU. It is provided in the Regulation on Conformity Assessment Bodies and Notified Bodies which was published in the Official Gazette of Turkey and entered into force on 23 February 2012 that “Accr editation of the conformity assessment bodies 
established in Turkey shall be performed by TÜ RKAK. Conformity assessment bodies may apply to 
the national accreditation bodies of the Member States of the European Union which have successfully undergone peer evaluation in case TÜ RKAK does not perform accreditation or its peer 
evaluation has not been finalized regarding the conformity assessment procedure for which 
accreditation is sought. The competent authorities, without prejudice to the principle of reciprocity, 
recognise the equivalence of the services rendered by the national accreditation bodies of the 
Member States of the European Union.  
Preguntas generales en materia OTC : 
 
Pregunta 11)  ¿Realiza Turquía evaluaciones de impacto regulatorio? Si es así, ¿utiliza alguna 
metodología específica? ¿Qué agencia lo coordina? 
Turkey’s Answer: Regulatory Impact Analysis (RIA) is a process through which positive and 
negative effects of any proposed regulation or le gislation are assessed.  In Turkey, RIA was started 
with “By-Law on Principles and Procedures of Dr afting Legislation" on 17 February 2006, by the 
Council of Ministers. On 3 April 2007, the Prime Ministerial Circular about the RIA was issued in Official Gazette. Prime Ministry became the Coordi nating Body for the RIA. The owner of proposed 
regulation or legislation is responsible to coordinate with all other stakeholders and complete the 
RIA before it submits RIA and the draft regula tion or legislation to the Prime Ministry. 
 
In RIA, both qualitative and quantitive assessments  including cost-benefit analyses are carried out 
according to subject area.   WT/TPR/M/331/Add.1 
 
- 89 - 
 
  Pregunta 12)  ¿Chile agradecería a Turquía entregar información sobre cómo se efectúa la 
coordinación con la industria para estas materias? 
Turkey’s Answer: As stated in the Prime Ministry's Circular, during the RIA process the views and 
evaluations of the related public institutions, sector representatives as well as non-governmental 
organizations should be collected and included in the analysis.   
 
I.5 Párr 3.1.10 Prescripciones sanitarias y fitosanitarias  
 
3.1.10.3 Marco Pregunta 13)  Respecto a las evaluaciones de riesgo que lleva a cabo la Dirección General de 
Alimentación, Agricultura y Ganadería, ¿Se realizan para todos los productos bajo el ámbito 
sanitario y fitosanitario? ¿Existe un procedimiento general establecido? 
Turkey’s Answer: For all products under WTO Agreement on SPS Measures, there are specific 
risk assessment procedures being carried out by the MFAL.  
The MFAL follows its import procedures related to live animals and animal products in accordance 
with the national legislation and standards set by OIE of which Turkey is a member. The MFAL observes current animal health status of the countries and permits imports of live animals from all countries provided that the requirements of animal health certificate are fulfilled. 
 
In accordance with Article 4 of Law on Veterinary Services, Plant Health, Food and Feed Law No:5996, whole country or only one region of the country where an outbreak of a disease is 
observed may be restricted or prohibited totally or partially.  Scope of the prohibition may be 
narrowed or expanded depending on the course of the disease.  
Following the official applications to be made to the MFAL by relevant authorities of the countries 
willing to export live animals to Turkey, approval procedure is initiated and in order to ensure the 
compliance and equivalence with animal health legislation of Turkey, the MFAL carries out inspection and/or controls in the exporting co untries, and the countries which are approved are 
included in the list of permitted countries. 
 With respect to imports of animal products, in a ccordance with Regulation on Setting Special Rules 
for Official Controls of Food of Animal Origin prepared in line with Council Regulation of EU 
No:854/2004/EC, country/region and enterprise list is formed.   
In the context of International Plant Protection Co nvention (IPPC), in case of first importation of 
plant and plant products from the countries or if there is a change in plant health conditions in these countries, pest risk analysis which is in compliance with international plant health standards may be required. According to the analysis results of plant and plant products in recent years, for 
detected risks and product groups, intensified inspections and controls are carried out. 
 
3.1.10.4  Bioseguridad 
Pregunta 14)  Además de la regulación del tránsito de productos OGM, ¿qué otros tipos de 
regulaciones asociadas a estos productos existen?, ¿existen regulaciones en materia de etiquetado para estos productos? 
 
Pregunta 15)  Respecto al sistema de control de las exportaciones que ha implementado Turquía, 
¿existe una coordinación con la industria respecto al funcionamiento de este sistema? 
 
Turkey’s Answer to Questions 14 and 15: Import controls are carried out in accordance with 
Law on Biosafety, Regulation on GMO’s and produc ts thereof. The products which are allowed to 
enter into country shall be put on the market as labeled. Threshold for labeling is 0.9%.  
Regarding the export control system, there is a regular coordination system with private sector.  
 
  WT/TPR/M/331/Add.1 
 
- 90 - 
 
  I.6 Párr 2.4.2 Política de inversión 
Párr 2.55 
El párrafo señala que cada año, el YOIKK prepara un plan de acción para definir la orientación de 
sus trabajos. Los planes de acción se centran en cuestiones tales como el establecimiento de prioridades en los incentivos a la creación de empleo, el sistema de transacciones garantizadas, la 
adjudicación de terrenos para las inversiones, la ordenación territorial, la reglamentación del 
mercado ferroviario, el impuesto sobre el timbre, los incentivos a las actividades de I+D, la tributación de las sociedades, las transferencias de capital, los procedimientos de exportación, los permisos de perfeccionamiento activo, la ventanilla única, la propiedad intelectual y las garantías 
de créditos. 
 Pregunta 16)  Chile agradecería a Turquía explicar cómo pretende llevar a cabo la adjudicación de 
terrenos para las inversiones y cuál es el estado legal actual del impuesto sobre el timbre. 
Asimismo, dar información acerca de la ventanilla única, específicamente si Turquía tiene una medida similar en materia de servicios. 
 
Turkey’s Answer: Following the ongoing studies of YOIKK’s Technical Committee of Investment 
Location, Environment and Zoning Permits, Ministry of Economy conducted a project with the World Bank to identify the obstacles for industrial land allocation framework of Turkey in 
September 2013. As a result of that project,  a Working Group was formed under the YOIKK 
Platform, and the output of that Group was reflected to the Priority Transformation Program for the Development of Business and Investment Environment. 
 
On the other hand, the Stamp Tax Law has been revised by the Ministry of Finance in order to accelerate the firms’ transition to the formal  economy and to promote economic activity by 
decreasing the burden on investment, production and trade.  
 Documents listed in Table 1 annexed to the Stamp Tax Law No. 488 are subject to stamp tax. Documents listed in Table 2 annexed to this Law are exempted from stamp tax. 
 
In the paragraph 7 of Chapter “IV-Documents related to commercial and civil acts” of Table 2, it is regulated that documents related to grants and inhe ritance of real estates, limited property rights 
and ships are exempted from stamp tax. 
The transfer of real estates and limited property  rights is possible with an official document 
arranged only before the land registry officer and th e record of this transaction by the land registry 
officer is called grant and transition proceedings. 
 Thus, the proceedings related to the transfer of re al estates and limited property rights arranged 
officially before the land registry officer, are exempted from stamp tax due to paragraph IV/7 of 
Table 2 annexed to this Law. 
 However, in case of presence of other documents other than official documents related to the 
transfer of real estates and limited property ri ghts, aforementioned documents figured in Table 1 
are subject to the stamp tax.  
With regard to the question relating to the existence of a “single window”-like-measure on 
services, currently the duty to provide information regarding authorization and application procedures for different service sectors are carried out through various different public authorities and professional associations; which, for most of th e time, also serve as the points of application, 
depending on their respective fields of competence and specialization. 
 Nevertheless, as a part of the alignment with th e EU’s Services Directive (2006/123/EC) and under 
a joint EU-Turkey project, Turkey is now exploring the ways and means of establishing a “Point of 
Single Contact (PSC)”, an e-government portal fo r entrepreneurs in the service sector, which will 
be designed to serve as the single access point about the rules, regulations and formalities that 
apply to service activities and will enable to complete most of the administrative procedures 
online.  The Project is still at a technical level, an d the outcomes of the Project needs to be upheld 
at the political level, before PSC can be established.   
 WT/TPR/M/331/Add.1 
 
- 91 - 
 
  I.7 Párr 4.3.1.2 Seguros 
Párr 4.100 
El párrafo 4.100 señala que todas las compañías de seguros y reaseguros, nacionales o 
extranjeras, que operan en Turquía, y las sucurs ales de empresas extranjeras en Turquía, son 
miembros de la Asociación de Compañías de Seguros y Reaseguros de Turquía.  
 
Pregunta 17)  Chile agradecería a Turquía indicar si la afiliación a la Asociación de Compañías de 
Seguros y Reaseguros de Turquía es obligatoria, y de ser afirmativo, indicar si dicha obligación se encuentra consagrada en la ley. 
 
Turkey’s Answer: According to the article 24 of the Insurance Law No. 5684, insurance, 
reinsurance and private pension companies  are requ ired to be members of the Association of the 
Insurance and Reinsurance Companies of Turkey. 
 El mismo párrafo 4.100 dispone que el principal objetivo de la Asociación es asegurar el desarrollo 
de la profesión de asegurador; asegurar la solida ridad entre las compañías de seguros; y adoptar y 
aplicar todas las medidas necesarias para controlar la competencia desleal.  Pregunta 18)  Chile agradecería a Turquía indicar si dicha Asociación es una entidad estatal, y qué 
medidas puede adoptar para controlar la competencia desleal. 
 Turkey’s Answer: The Association of the Insurance and Reinsurance Companies of Turkey is a 
professional organization that has the status of a public legal entity. The Association establishes 
examination and research committees to detect and investigate the existence of unfair competition in the market. The Association has the authority to take measures to prevent unfair competition if 
arises. 
 
I.8 Párr 4.3.2.5 Marco legal y reglamentario 
Párr 4.137 
El párrafo 4.137 señala que el Ministerio de Sanidad de Turquía ha concertado una serie de 
acuerdos bilaterales o acuerdos de seguridad social con otros países que ayudan a promover el 
comercio de servicios sanitarios (…). Por su pa rte, el párrafo 4.138 explica que en todos estos 
acuerdos se prevén prestaciones de asistencia sa nitaria por ejemplo para las personas que tienen 
un contrato de trabajo con uno o más empresario s y que reciben unos ingresos/pensión en este 
contexto, así como las personas que dependen de ellos. La única excepción a esta cobertura es 
Alemania, donde las disposiciones son ligeramente distintas.  
Pregunta 19)  Chile agradecería a Turquía indicar a grandes rasgos en qué se diferencia el 
acuerdo de seguridad social con Alemania del suscrito con los otros 26 socios.  
Turkey’s Answer :  Bilateral Social Security Agreement concluded with Germany covers also 
health care benefits.  This agreement’s provisions  on health care benefits regarding Turkey were 
only applicable to persons who have an employment contract with one or more employers. However, it has been mutually agreed with the German Sickness Insurance Institution and Liaison 
Body of Sickness Insurance that self-employed pe rsons, public officers and retired persons who 
are receiving pensions/benefits and their dependents can also enjoy  from  the health insurance provisions of Bilateral Social Security  Agreement between Turkey and Germany. 
 
Among Social Security Agreements that are in e ffect, Bilateral Social Security Agreement between 
Turkey-Montenegro, which entered into force on 01/12/2015, also covers all kinds of insured 
persons, namely the persons who have an employme nt contract with one or more employers, self-
employed and public officers, have the right to re ceive health care benefits in addition to the 
agreement with Germany.   WT/TPR/M/331/Add.1 
 
- 92 - 
 
  I.9 4.3.2.7 Incentivos 
Párr 4.147 
El párrafo 4.147 señala que de conformidad con el programa de incentivos a la inversión, algunos 
sectores relacionados con la salud son considerados sectores prioritarios y se benefician del Plan de Inversiones Prioritarias. 
 
Pregunta 20)  Chile agradecería a Turquía indicar en qué consiste el Plan de Inversiones 
Prioritarias.  
Turkey’s Answer: Under Regional Investment Incentive Scheme, the supported industries for 
provinces are determined according to the economic  potential of provinces. The support rates and 
terms are changing according to the development le vel of provinces. However the industries under 
Priority Investment Scheme are supported in all provinces with equal rates and terms. These 
industries are listed in the Secretariat Report . (See: S331, Page 41, Table 2.5). The Program 
prioritizes these investments in all provinces due to  the urgent need for these investment areas in 
Turkey.   
II. Informe de Gobierno: 
 II.1 Párr 3.3.1.1 Nuevos acuerdos de libre comercio  
 Se destaca en esta sección que Turquía ha comenzado a incluir nuevas disciplinas en los acuerdos de comercio, por ejemplo, con Corea del Sur se incluyó un Capítulo de Comercio y Desarrollo 
Sostenible, en tanto que el Acuerdo de Libre Comercio entre Turquía y Malasia incluye los temas 
de cooperación en el ámbito ambiental.   
Pregunta 21)  Chile agradecería Turquía proporcionar mayores antecedentes sobre la 
implementación de los temas ambientales, en específico de las actividades de cooperación 
ambiental que se han llevado a cabo en el marco de estos acuerdos.   
Turkey’s Answer:  Turkey’s Free Trade Agreements (F TAs) provide broad provisions on 
environmental issues. These provisions generally aim to present the importance of environmental 
protection, reaffirm the commitment to the effective implementation of the multilateral 
environmental agreements to which the Parties of th e FTA are party, and facilitate the exchange of 
views in this area.   
The FTAs with Bosnia-Herzegovina, Albania, Georgia, Montenegro, Serbia, Palestine and Israel, 
which are currently in force, include general provisions on protection of environment within the preambles or the provisions on Security Exceptions, while the FTAs with Chile, South Korea, Lebanon and Malaysia cover more detailed provisions on environmental protection.  
 
In the Turkey-Chile FTA, the Parties recognize the importance of strengthening capacity to protect 
the environment and promote sustainable development and reaffirm their intention to continue to 
pursue environmental protection, and to fulfill their respective multilateral environmental 
commitments. Furthermore, the Parties, agreed to cooperate in the field of environment; biodiversity and conservation of natural resources; management of hazardous chemicals; air 
quality; water management; waste management; marine and coastal ecological conservation and 
pollution control; strategic environmental impact assessment; improvement of environmental awareness.   
In the Turkey-South Korea FTA, the Parties recogn ize the significance of trade-related aspects of 
environmental policies, and set out an indicative list of areas of cooperation.    
In the Turkey-Lebanon FTA, which is not in force yet, the Parties agreed to encourage cooperation 
in preventing deterioration of the environment, co ntrolling pollution and ensuring the rational use 
of natural resources, with a view to ensuring sustainable development.  
 
In the Turkey-Malaysia FTA, the Parties set out the areas to implement a work program for environmental cooperation. WT/TPR/M/331/Add.1 
 
- 93 - 
 
  DOMINICAN REPUBLIC 
 
PREGUNTAS ELABORADAS POR LA REPÚBLICA DOMINICANA 
 
PREGUNTAS 
 
1)   Ventanilla Única de Comercio Exterior (VUC E) (Sección 3.114): ¿Cual institución encabeza el 
proyecto de Ventanilla Única? ¿Cuál institución está a cargo del sistema informático BILGE?  
 Turkey’s Answer: Ministry of Customs and Trade leads the Foreign Trade Single Window and is in 
charge of BILGE information system. 
 
2)   OEA (Sección 3.22): ¿Cuántos operadores han recibido la Certificación OEA? ¿Han irmado 
acuerdos de reconocimiento mutuo, en caso afirmativo, con cuales países?  
Turkey’s Answer:  As of March 2016, 25 operators have received the AEO Certification. Turkey 
has signed a mutual recognition agreement with th e Republic of Korea on June 9th, 2014. As of 
now, it is at the pilot implementation phase. 
 
3)   Acuerdo de Facilitación de Comercio de la OMC (Sección 3.1.2/ 3.18): ¿Turquía ha ratificado el 
acuerdo? ¿Han creado un Comité Nacional de Facilitación de Comercio, en caso afirmativo, como 
se ha organizado este?. 
 Turkey’s Answer: Turkey has ratified the WTO Trade Fac ilitation Agreement on 5 March 2016. In 
line with Article 23/2 of the Agreement, the work on establishment of a National Trade Facilitation 
Committee is going on. The organization of the Committee has not been decided yet.  
 
1.6 Inversión extranjera directa (página 27): 
 
1.37. Tradicionalmente, la mayor parte de la IED se ha dirigido al sector financiero y de seguros, 
el sector manufacturero y el sector de la informática. En 2014, los tres principales sectores 
receptores fueron el manufacturero (2.890 millones de dólares EE.UU.), al que correspondió el 
33% de las corrientes totales de IED destinadas a Turquía; el sector financiero y de seguros 
(1.540 millones de dólares EE.UU.); y el comercio al  por mayor y al por menor (1.170 millones de 
dólares EE.UU.). De 2013 a 2014, las entradas totales de IED en el sector manufacturero 
aumentaron un 31,1% y las destinadas al comercio al por mayor y al por menor se incrementaron 
un 20,9%; las inversiones en el sector financiero  y de seguros disminuyeron un 55%. Dentro del 
sector manufacturero, los principales subsectores fueron en 2014 el de ordenadores y dispositivos 
electrónicos, y el de alimentos, bebidas y tabaco (gráfico 1.6). 
 
Preguntas:  
 
¿A cuánto ascienden los montos de inversión extranjera directa (IED) para el sector de informática 
en los últimos tres años?; 
 
Turkey’s Answer: Since 2002, FDI inflows amount in information sector were realized as USD 
11.8 billion cumulatively while in 2013, 2014 and 2015, FDI inflows realized as USD 110 million, 
USD 214 million and USD 150 million respectively.  
 
¿Cuáles son los principales subsectores receptores de la inversión extranjera directa en el sector 
de la informática?; 
 Turkey’s Answer: According to FDI statistics disclosed by Central Bank of Republic of Turkey, 
there is no information on sub-sector breakdown of FDI. 
 
¿Cuáles son los incentivos para la atracción de la IED. De manera particular, favor indicar si 
existen incentivos a través de una legislación especial para el sector de informática o sus 
subsectores?. 
 Turkey’s Answer: Investment Incentive Program, which is equally available for foreign capital 
companies aims to support all production and serv ice industries. In terms of investment incentive WT/TPR/M/331/Add.1 
 
- 94 - 
 
  system design, Ministry of Economy has  considered technology classification and positive spillover 
potential of the sectors. High value added, technolo gy intensive industries have priority in terms of 
support instruments of the Program.   
 
2.4.2 Política de inversión (página 43). 
 
2.55. Cada año, el YOIKK  prepara un plan de acción para definir la orientación de sus trabajos. 
Los planes de acción se centran en cuestiones tales como el establecimiento de prioridades en los 
incentivos a la creación de empleo, el sistema de transacciones garantizadas, la adjudicación de 
terrenos para las inversiones, la ordenación territo rial, la reglamentación del mercado ferroviario, 
el impuesto sobre el timbre, los incentivos a las actividades de I+D, la tributación de las 
sociedades, las transferencias de capital, los procedimientos de exportación, los permisos de 
perfeccionamiento activo, la ventanilla única, la propiedad intelectual y las garantías de créditos. 
 
Preguntas:  
 
¿Cuáles incentivos se otorgan para las actividades de I+D?  
 
Turkey’s Answer :  Tax incentives are provided to firms conducting R&D studies. Private Sector 
R&D centers are supported under the Law No:5746. (Law about the Support of Research and Development Activities).  
 
With this law, it is aimed to support and encourage  
 Production of technological knowledge 
 Innovation in product and production process 
 Increase in product quality and standards 
 Commercialization of technological knowledge 
 Development of precompetitive collaboration 
 Entrepreneurship and investment  
 Acceleration of direct foreign investment for R & D and innovation 
 Increase in employment of R&D personnel and skilled labor 
 
Private sector R&D centers are the entities of narrow tax payer companies that are able to: 
 Employ at least 30 full-time equivalent R&D personnel, 
 Implement R&D activities in Turkey,  
 Have R&D management capability and capacity regarding to technological assets, R&D 
 human resources, intellectual property, project and information resources, 
 Have facilities which physically control the working time of R&D and support staff in 
R&D  Center, 
 Have R&D and innovation programs and proj ects with the issue, time, budget and 
personnel  needs being defined.  
 
When a company is found eligible for having R&D center certificate, tax incentives and exemptions are provided to them for their R&D activities. These include R & D allowance (all R&D and 
innovation expenditures are exempt from income tax), exemption from  withholding of income tax, 
insurance premium support and stamp tax exemption.  
The government also provides tax incentives for companies operating in Technology Development 
Zones which are designed to attract investments in high technology fields and support R&D activities in these zones (Law of Technology Development Zones (TDZ) No: 4691):  
 Corporate tax exemption of the profits de rived from software development and R&D 
 activities in TDZ, until December 31, 2023. 
 VAT exemption of the deliveries of application software produced exclusively in TDZ, until 
 December 31, 2023. 
 100% income withholding tax exemption of the employees employed in R&D activities in 
 TDZ, until December 31, 2023. 
 0% social security exemption of the employer’s  share of the social security Premium during 
 a period of 5 years, until December 31, 2024. 
 Within the scope of Income Tax Law No. 193 and Corporation Tax Law No. 5520;  WT/TPR/M/331/Add.1 
 
- 95 - 
 
   Total amount of R&D expenditures for the quest of New Tecnology and Information may be 
subject to deduction on the tax return. 
 Half of the income arising as a result of the commercialization of inventions arising as a 
result of the R&D activities in Turkey, are exem pt from corporation tax; leasing, transfer or 
sale of intangible rights related to this invention, are exempt from value added tax. 
 Institutions and organizations which are exclusiv ely operating in scientific R&D activities, are 
exempt from corporation tax. 
Within the scope of Law on Support of Resear ch and Development Activities (16.02.2016 dated 
and 6676 numbered) and Certain Law and Decree Laws Amending Law (R&D Reform Package); 
 Design actions were taken to support coverage such as R&D activities. 100 percent of design 
projects and design expenditures which are realis ed in design centers will be subject to tax 
deduction.  
 The gains derived from design activities which are realised in the regions of technology 
development have been exempt from income tax and corporation tax. 
 Imported goods have been exempt from custom s duty and all kinds of fund, fees and stamp 
duty,  to be used in R&D, projects of design and innovation. 
 On-demand R&D and design activities are included in the scope of the incentives, to 
encourage the participation of all companies especially the SME’s. 
 To enable flexible working for R&D and design personnel,  Council of Ministers can specify 
the times to be considered within the scope of income tax withholding, for works outside the R&D and design centers and Technology Development Zones.  
 
¿Cómo han influido las decisiones del Consejo de Coordinación para la Mejora de las 
Condiciones de Inversión (YOIKK) en los incentivos para las actividades de I+D?  
 
Turkey’s Answer: Activities regarding R&D is among th e permanent agenda items of YOIKK’s 
private sector stakeholders and public-private dial ogue on R&D. Furthermore, upon the request of 
private sector stakeholders, a Technical Committee of R&D was established. That Committee 
significantly contributed to the enactment of  Law on Supporting Research and Development 
Activities (Law No. 5746) in 2008.   The main institutions concerning the incentives fo r the R&D activities are the Ministry of Finance 
and the Scientific and Technological Research Council of Turkey (TUBITAK), which are also 
represented in the YOIKK Platform. If there is any issue that needs coordination of associated institutions to be clarified or solved, YOIKK is the suitable platform for that with the participation of 
the private sector representatives. For instance, one of the actions of YOIKK 2015-2016 Action 
Plan under the responsibility of the Technical Co mmittee of Taxes and Incentives is “Revising the 
issues concerning incentives for R&D”. A new regulation has been recently drafted and submitted 
to the Turkish Parliament regarding that action. 
 
¿Qué legislación crea el Consejo de Coordinación para la Mejora de las Condiciones de 
Inversión (YOIKK) y donde se establecen sus atribuciones? 
 
Turkey’s Answer: YOIKK is a coordination platform which aims to improve consultative process 
of private sector and to solve the problems of  implementation with public-private dialogue. 
 
By contributions of YOIKK studies since 2012, almost 40 legal and 20 secondary regulations have been put into force about investment environm ent. Some of them are listed as follows: 
 
 Law No: 6325 Law on Mediation in Civil Disputes which was published in Official Gazette on 
June 22, 2012. 
 The Article 138th of the Capital Market Law No: 6362 which was put into effect with Official 
Gazette publication at December 30, 2012. 
 Law No: 6458 Foreign and International Protection Law was published on April 11, 2013. 
 Law No: 6460 Law on Amending in Civil Procedures Law and Some Laws was published in 
Official Gazette on April 17, 2013. 
 Law No: 6461 Law on Liberalization of Turkish Railway Transportation Sector was published 
in the Official Gazette dated May 1, 2013. 
 Law No: 6570 Law on the Establishment of Istanbul Arbitration Center was published in 
Official Gazette on November 29, 2014. 
 WT/TPR/M/331/Add.1 
 
- 96 - 
 
  Cuadro 4.12 Panorama general del sector de la ganadería, 2011-2014 (página 146). 
 
4.34. En cuanto al comercio, las importaciones de animales vivos y de carne son escasas (en 
2014, las importaciones de reses vivas ascendieron a 110,3 millones de dólares EE.UU. y las 
importaciones de carne de bovino a 5,2 millones de dólares EE.UU.), lo que refleja los elevados 
aranceles existentes y las estrictas medidas aplicadas por razones sanitarias y fitosanitarias. El 
Ministerio de Alimentación, Agricultura y Ganadería permite las importaciones de ganado de 
aquellos países que cumplen determinados criterios de sanidad animal y certificación veterinaria. 
 
Preguntas:  
 
¿Cuáles son los criterios de sanidad animal y certificación veterinaria que son requeridos por el 
Ministerio de Alimentación, Agricultura y Ganadería para las importaciones de ganado? 
 
Turkey’s Answer: Import procedures on the importation of live animals and animal products in 
Turkey are carried out by the MFAL, in accordance with the relevant national legislation as well as international standards set by the OIE of which Turkey is a member.  
 
Veterinary Health Certificate for fresh, chilled, frozen meat of domestic bovine animals by MFAL defines health conditions for importation. 
 
Comentarios: 
 
Durante la revisión del EPC de Turquía, obtuvimos la información que mediante la Decisión 
No.1/95 del Consejo de Asociación UE-Turquía, se estableció una unión aduanera, y por lo tanto, 
Turquía aplica el arancel externo común de la Unión Europea (Párrafo 3.35, pág.59 del EPC). 
Además, Turquía aplica el Reglamento  UE No.978/2012 como base del SGP que otorga a otros 
países (Párrafo 2.35, págs. 39 y 40 del EPC); implicando esto que la República Dominicana no se 
encuentra entre los países beneficiarios del SGP de Turquía a diciembre del 2015. En ese sentido, 
los países excluidos del régimen SGP de la UE tampoco están abarcados por el esquema SGP de 
Turquía. 
 
Como puede ser comprobado en una nota al pie del documento EPC (pág.40) se lista los países 
con preferencias SGP otorgados por Turquía y son los siguientes:  
 
27 Al 1º de diciembre de 2015, los beneficiarios del SGP de Turquía eran los siguientes: Botswana, 
Camerún, Columbia, Congo, Côte d' Ivoire, Filipinas, Fiji, Ghana, Honduras, India, Indonesia, Iraq, 
Islas Cook, Islas Marshall, Kenya, Kirguistán, Micronesia, Namibia, Nigeria, Nicaragua, Nauru, 
Niue, Pakistán, Sri Lanka, Swazilandia, Tayikist án, Turkmenistán, Tonga, Ucrania, Uzbekistán y 
Viet Nam.  
  
Los beneficiarios del GSP+ son los siguientes: Bolivia, Cabo Verde, Costa Rica, El Salvador, 
Georgia, Guatemala, Moldova, Mongolia, Panamá, Paraguay y Perú.  
  
Los PMA beneficiarios de la iniciativa "Todo menos armas" son los siguientes: Afganistán, Angola, 
Bangladesh, Benin, Bhután, Burkina Faso, Burundi,  Camboya, Chad, Comoras, Djibouti, Eritrea, 
Etiopía, Gambia, Guinea, Guinea-Bissau, Guinea Ecuatorial, Haití, Islas Salomón, Kiribati, Lao, 
R.D.P., Liberia, Lesotho, Madagascar, Malawi, Malí, Mauritania, Mozambique, Myanmar, Níger, 
Nepal, República Centroafricana, República Demo crática del Congo, Rwanda, Samoa, Santo Tomé 
y Príncipe, Senegal, Sierra Leona, Somalia, Sudán, Sudán del Sur, Tanzanía, Timor-Leste, Togo, 
Tuvalu, Uganda, Vanuatu, Yemen y Zambia.   
 
Comment by Turkey:  The Customs Union Decision requires Turkey to align progressively with 
the EU’s preferential customs regime. This al ignment concerns both autonomous regimes and 
preferential agreements with third countries.  
 Accordingly, since 2001 Turkey has been granting  unilateral preferences parallel to the EU’S 
Generalized System of Preferences (GSP) schemes  for products covered by the Customs Union, 
namely industrial products excluding ECSC products and processed agricultural products.  WT/TPR/M/331/Add.1 
 
- 97 - 
 
  Currently, Regulation No 978/2012/EU of the European Parliament and of the Council is the main 
reference for Turkey’s GSP scheme in terms of bo th the beneficiary countries and the preferences 
granted under general GSP arrangement as well as special incentive arrangements.   
Regulation No 978/2012/EU introduces new criteria for determination of the beneficiary countries. 
In that respect, some overseas countries and territories; countries with other preferential market access arrangements with the EU; and high and upper-middle income countries no longer benefit 
from the preferential treatment pr ovided by the EU’s GSP regime. 
Accordingly, in the beginning of 2014 the Dominic Republic was removed from the EU’S GSP regime with other CARIFORUM countries since it has a preferential market access arrangement with the EU.  
 
Similarly, in line with the alignment requiremen t with the EU’s GSP regime, Turkey removed the 
Dominic Republic from its GSP scheme as of 1 January 2016. WT/TPR/M/331/Add.1 
 
- 98 - 
 
  NEW ZEALAND 
 
Report by the WTO Secretariat (WT/TPR/S/331) 
 1. ECONOMIC ENVIRONMENT 
1.6  Foreign Direct Investment  
Section 1.6, page 26, paragraph 1.39  
The Secretariat’s report at paragraph 1.39 states that “Turkey has several investment incentives 
and schemes to promote foreign investment. There are five principal incentive schemes with nine 
different incentive instruments, some restricted to certain regions in Turkey. In 2015, the Government introduced new investment incentives for companies which included, inter alia, 
additional tax breaks, more insurance premium supports, reduced input costs for industrial 
imports, and guarantees for business loans (Section 2.4.4). However, a number of investment restrictions for foreigners remain, varying by sect or, size and type of investment (Section 2.4.3).”  
 
Additionally, in paragraph 21 of the Summary of th e Secretariat’s report, it states that “further 
growth depends on investment and Turkey has a comprehensive system of incentives, but their 
complexity, along with restrictions in some sectors – particularly agriculture – distorts trade and 
production while the low level of tariff bindings for non-agricultural goods and high applied tariffs 
for agricultural goods create uncertainty for those trading partners not covered by trade agreements.” 
 
Question: 
 Given that Turkey’s complex system of incentives and restrictions in certain sectors, such as 
agriculture, distorts trade and production,  
 What steps will Turkey take to address the resulting uncertainty for investors? 
 
Turkey’s Answer: 
 Both foreign and domestic investors can easily benefit from Investment Incentive Program with 
equal rights and terms, including agricultural production industry. The assessment about the 
complexity of the Program does not reflect the factual situation. The Program has been put into force in 2012. Since then, Ministry of Econom y has issued incentive certificates for 16.723 
investors for a total investment amount of 321 billion TL between June 2012- February 2016. 
Moreover, 881 incentive certificates with a total investment amount of 66 billion TL were issued for 
foreign investors in the same period.  
According to OECD FDI Regulatory Restrictiveness Index 2014, Turkey is ranked 28th most liberal 
country among 58 countries, including all OECD and G20 countries with index value of 0,059 where OECD average is 0,068. (Index value= 0 (open)- 1 (closed))  
2. TRADE AND INVESTMENT REGIME 
2.3 Trade Agreements and Arrangements Section 2.3.2.1, page 32, paragraph 2.25 
 
The Secretariat’s report, at paragraph 2.25, notes that “in 2014, the World Bank conducted an evaluation of the EU-Turkey Customs Union in which it found there were positive economic and 
trade benefits for both parties. The report hi ghlighted that trade integration between the two 
parties has increased over the last two decades and provided greater benefits than a free trade agreement. But a changing global economy had shown the weaknesses in the customs union and 
the report recommended reforms in certain areas. In particular, the World Bank suggested 
widening the customs union to cover agriculture an d services; reforms to address issues with road 
transport permits and the use of trade defence inst ruments by both parties; a functioning dispute 
settlement mechanism; alignment of trade agreem ents with third parties; and reducing the 
restrictiveness of EU visas for business travellers. 
 In addition, the Report by the Government of Turkey notes, at paragraph 3.30, that “in the 
beginning of 2014, during the high level meetin gs, Turkey agreed with the EU Commission to 
negotiate the update of the Customs Union. In this context, the report, which forms the main WT/TPR/M/331/Add.1 
 
- 99 - 
 
  framework for the negotiations, was endorsed in May 2015 by the parties. It is expected that the 
negotiations will be initiated in the last quarter of 2016.”  Question:  
 
 New Zealand understands that a significant focus of the updated EU-Turkey Customs Union 
will be the inclusion of services in the agreement. In this context, and in light of the World 
Bank’s evaluation of the Customs Union in 2014, how does Turkey foresee agriculture 
being included as part of the renegotiated terms of the Customs Union? 
 Turkey’s Answer: With the update of the Customs Union, Turkey and the EU aim to improve the 
current  functioning of the Customs Union. Another important target is to improve the bilateral 
trade relations through enhancing the scope of the preferantial trade in agricultural products as 
well as exploring the possibilities for mutual mark et openings in areas of public procurement and 
services. 
 When it comes to inclusion of agriculture, currently basic agricultural products are not covered by 
the Customs Union. Instead, agricultural trade is governed by separate Association Council  
Decisions where the Parties grant preferential access for certain products under different modalities like duty reduction or exemption from customs duties either limited with tariff quotas or unlimited. 
 
Processed agricultural products, on the other ha nd, are covered in the Customs Union. Bilateral 
trade of these products takes place on duty free basis in terms of their industrial component; 
however specific duties are eliminated only by tariff quotas. 
 Accordingly, with respect to agriculture, the upda ting exercise will basically concern improvement 
of the current concessions between the Parties bo th in agricultural and processed agricultural 
products. Besides, SPS measures will be another important subject of the upcoming negotiations. 
 2. TRADE AND INVESTMENT REGIME 
2.3 Trade Agreements and Arrangements 
Section 2.3.2.2, page 33, paragraphs 2.29 and 2.30  
The Secretariat’s report at paragraph 2.29 note s that “As a result of the Turkey-EU Customs 
Union, Turkey’s policy on FTAs emanates from this legal basis as it is to align its commercial policy, including preferential agreements with th ird countries, with EU commercial policy. As such, 
Turkey negotiates and concludes FTAs in parallel with the EU. To Date, Turkey’s FTAs, as notified 
to the WTO, only cover trade in goods, and not services and investment. This reflects Turkey’s 
early policy on FTAs as reflected in EU and other FTAs at the time, which focused on trade in goods. Most of Turkey’s FTAs therefore typi cally cover WTO subjects like GATS, investment, 
intellectual property, procurement, and competit ion by reference to WTO Agreements and do not 
contain any additional parameters or further market access.”  
At paragraph 2.30, the Report notes that “changes in  EU policy as well as world trends for deeper, 
fuller, and more ambitious commitments in FTAs  has had an impact on Turkey’s FTA policy. 
Recently, with the concluded Republic of Korea FTA, Turkey embarked on a new pathway for FTAs 
and has started to include commitments on investment and services, as well as deeper 
commitments and disciplines on TBT, SPS, intellec tual property, competition, despite settlement, 
and trade remedies, reflecting WTO plus commitments...”  
Question: 
 
 Does Turkey see this increased inclusion of investment, services, and other commitments 
and disciplines as a continuing trend for its future FTAs?   
 Turkey’s Answer: Turkey has been adapting its FTA policy in line with the demands of the new 
global trade environment, increasingly being shaped by bilateral, regional or mega-regional trade 
agreements. New generation FTAs not only cover issues of tariff elimination; but also regulate a variety of areas such as sustainable development, intellectual property rights and technical standards.  
 WT/TPR/M/331/Add.1 
 
- 100 - 
 
  Accordingly, Turkey has adjusted itself to this relatively new trend and currently is negotiating and 
concluding deep and comprehensive FTAs covering  not only services and investment but also 
chapters on SPS, TBT, IPR, competition, trade remedies, or dispute settlement introducing WTO+ provisions.  
 
The Korea-Turkey FTA, the scope of which was br oadened in February 2015 with the signing of 
“Trade in Services Agreement” and “Investment Agreement”, is regarded as the first 
comprehensive FTA of Turkey. In addition to that, the Singapore FTA, which was signed in 14 
November 2015, includes, inter alia, Chapters on Public Procurement, Services and Investment. Moreover, deep and compherensive FTAs with Peru, Japan, Ukraine and Mexico are under negotiation process. In this regard, Turkey cons iders the continuation of this trend, not only 
desirable, but also inevitable, given the current stage of global trade relations. 
 3. TRADE POLICIES AND PRACTICES BY MEASURE 
3.3.3 Competition policy and price controls 
Section 3.3.3.1, page 96, paragraph 3.162  
The Secretariat’s report, at paragraph 3.162, states that “with the exception of electricity, natural 
gas, pharmaceuticals, telecommunications, and tr ansport, prices are determined by the market. 
The authority responsible for price controls depends on the product.”  
Question: 
 
 New Zealand understands that Turkey has a good story to tell on progress on energy 
pricing, not only in terms of the liberalisation of its downstream fuel market, but also in 
terms of improving cost-recovery in the electricity sector as well as improving transparency around producer subsidies. With re gards to subsidies in the fossil fuel sector, 
has Turkey considered utilising the G20 peer review process for reform of fossil fuel 
subsidies as a mechanism for both reviewing its fossil fuel policies (such as subsidies to coal producers) and sharing lessons learned from Turkey’s previous reform efforts and progress on energy pricing? 
 
Turkey’s Answer:  With regard to reform efforts regarding energy pricing, Turkey aims liberalizing 
the market based on eligibility of consumers. Accordingly, for non-eligible consumers, prices are 
determined by Energy Market Regulatory Authority (EMRA), but for eligible consumers, prices are 
being determined in the market. Eligibility limit is being decreased year-by-year by EMRA. Final target is to set all the consumers as eligible consumers.  
 
On the other hand, G20 peer review process is ongoing between two countries, namely United States and China and this process has not been completed yet.   
3. TRADE POLICIES AND PRACTICES BY MEASURE 
3.1.5 Tariffs Section 3.1.5, pages 50-58 
 
The Summary of the Secretariat’s Report, at paragraph 6, states that “In terms of tariff protection, Turkey’s overall applied tariff average increased slig htly during the period to 12.8% due to tariff 
increases in response to requests by domestic producers. Furthermore, Turkey has the scope to 
increase tariffs further because 50% of its tariff  schedule is unbound (tariffs are bound for 100% 
of agricultural tariff lines and 34% of industrial tariff lines), and in many cases there is a significant gap between bound and applied rates… Tariff protec tion remains particularly high, averaging over 
80%, on meat, dairy, sugar and confectionary, and agricultural products.” 
 Questions: 
 According to paragraph 6 of the Summary, “Turkey has the scope to increase tariffs further because 50% of its tariff schedule is unbound.”  
 
 A stable trading environment alert to mark et signals is critical for a thriving 
economy, including the agricultural sector .  Has Turkey considered binding more 
of its tariff lines? WT/TPR/M/331/Add.1 
 
- 101 - 
 
  Turkey’s Answer:  Turkey has been actively involved in the Non-Agricultural Market Access 
Negotiations within the context of Doha Development Agenda and is still commited and will bind its remaining tariff lines according to the agreed final outcome. On the other hand, 100% of agricultural tariff lines of Turkey are bound. 
 
According to paragraph 6 of the Summary, “There are significant differences [in tariffs] in the rates of agricultural versus industrial products, as average rates for agriculture are 49% and only 
5.5% for industrial goods.” 
 
 How have low tariffs on industrial goods benefitted Turkey’s industrial goods 
producers and consumers?   
 
Turkey’s Answer: In 1996 Turkey established Customs Union, where tariff rates for non-
agricultural products were diminished to a leve l of 4% on average. Since then, the domestic 
competition has improved and foreign direct investment to Turkey has increased significantly. As a 
result Turkey’s trade volume reached almost US$ 400 billion and total stock of FDI reached to US$ 146 billion. Very recently, World Bank (WB) has analyzed the effects of the Customs Union on 
Turkish economy with a report that can be reached from the WB website.  
 According to the Report by the Government of Tu rkey, “resisting protectionism and supporting a 
strong multilateral trading system continues to be Turkey’s priority” (paragraph 3.4, page 7) and 
“trade liberalisation at all fronts, with its potential to deliver new trading opportunities, will be 
carrying Turkey forward towards accomplishing its 2023 Vision” (paragraph 4.5, page 13). 
 
 New Zealand welcomes Turkey’s desires to  resist protectionism and pursue the 
process of trade liberalisation. In this co ntext, given the significant difference in 
tariff rates between industrial and ag ricultural products, and noting the 
impressive development that  Turkey has seen over recent years through further 
integrating itself into the global econ omy and reducing barriers to trade in 
industrial goods, is Turkey considering a similar approach in the agricultural 
sector? 
 
Turkey’s Answer:  In the last 20 years, Turkey has maintained a considerable level of 
liberalization within the context of both its Customs Union with the EU and the Free Trade 
Agreements it has concluded. In line with this, Turkey’s foreign trade in agricultural and non-
agricultural products has increased significantly. To this end, it will continue to support all kinds of 
trade liberalization attemps at both   bilateral  and multilateral levels. 
 
3. TRADE POLICIES AND PRACTICES BY MEASURE 3.3.3 Measures Affecting Production and Trade  Section 3.3.1, page 89, paragraph 3.143 
 
The Secretariat’s report, at paragraph 3.143, states that “Turkey ranked 55
th out of 189 countries 
in the World Bank’s “Ease of Doing Business 2016” index; it dropped four places in rank compared 
to 2015. In terms of the sub-category rank  for starting a business, Turkey ranked 94th…The costs, 
as a percentage of per capita income, are also significant at 16%”.   
 
Question: 
 
 In an increasingly competitive global environment, countries have to work hard to attract 
and retain new trade and investment through promoting a business friendly climate. What 
i s  s e e n  t o  h a v e  d r i v e n  T u r k e y ’ s  f a l l  i n  t h e  W o r l d  B a n k ’ s  s u r v e y  a n d ,  m o r e  i m p o r t a n t l y ,  
what measures is Turkey taking to address this development?  
 
Turkey’s Answer: First of all, World Bank’s Doing Business Report- “ease of doing business 
index” is an Index based on limited number of parameters on a narrow economic perspective. Although we closely monitor Turkey’s progress on “ease of doing business index”, we are very well 
aware of its shortcomings. On the other hand, Turk ey frequently cooperates with the World Bank’s 
Doing Business Team to inform the Coordination Council for the Improvement of Investment Environment (YOIKK) stakeholders about the method ology of the Report via workshops and special 
meetings. Thanks to these efforts,  
 WT/TPR/M/331/Add.1 
 
- 102 - 
 
  Turkey’s ranking increased 38 steps from 93 to 55 since 2006’s Doing Business Report. 
 Furthermore, Turkey became a crucial participant of global FDI flows with its outstanding performance in the last 13 years and managed to host USD 12.7 billion of FDI in this period 
annually. Although global FDI fell sharply in 2014,  Turkey demonstrated a positive performance 
and the amount of FDI was realized as USD 12.5 billion. In 2015, upward trend in FDI inflows have pursued with a 32.4% increase and inflows reached up to USD 16.6 billion despite domestic 
election period and persistent regional tensions. 
 However, Turkey is aware that improving investment climate is an ongoing process. Accordingly, improving investment environment is among the priorities of the 64th Government Program Action 
Plan which is to be completed in 2016 within the framework of Turkey’s strong, sustainable and 
inclusive growth objectives.  
Main framework of improving investment climate agenda is set as the following: 
 The transaction costs of both domestic and foreign direct investors will be reduced. 
 The bureaucratic procedures for both domestic and foreign direct investors will be simplified. 
 The efficiency of judicial system will be improved. 
 The functioning of market surveillance and cont rol system will be evaluated and an efficient 
implementation mechanism will be established. 
 
In addition, The Development of Business and Investment Environment Programme is being 
implemented as one of the 25 Priority Transforma tion Programmes within the framewotrk of 10
th 
Development Plan. This programme focuses on proble ms that are of the highest priority and aims 
to improve existing mechanisms in order to reduce uncertainties faced by investors and to foster 
investments. The programme has four components: improvement of bureaucratic processes, improvement in legal processes, facilitation of investment site provisions, and improvement of 
governance of the business and investment environment at the regional level. 
 Furthermore, possible concerns of international investors in Turkey are taken into account through the YOIKK Platform that has been conducting its studies through annual action plans by prioritizing 
the needs of the private sector regarding inve stment regulations. The structure and working 
mechanisms of the YOIKK was revised on January 4, 2016 with a view to further increase efficiency of decision making process. The chai r of the Council was upgraded to the level of the 
Deputy Prime Minister and line Ministries in charge of investment policies became represented at 
ministerial level. This recent revision of the Council structure strengthened political ownership of the reform process to take quick and more decisive steps to deal with needs and priorities of 
private sector while enhancing their presence in Turkish market. 
 4. TRADE POLICIES BY SECTOR 4.1 Agriculture 
Section 4.1, page 128, paragraph 4.18 
 The Secretariat’s report, at paragraph 4.18, states that “Turkey’s agriculture support has 
undergone many changes over the last 20 years leading to the maintenance of relatively high 
supports, at least in comparison to other OECD countries. The use of decoupled-payments ceased 
in 2009 while output based payments increased.” 
 
In addition, the Summary of the Secretariat’s report, at paragraph 15, notes that “Turkey has not notified its domestic support of export subsidy programmes to the WTO Committee on Agriculture during the review period, but based on other sources of information Turkey has introduced 
changes leading to the maintenance of relatively high supports, at least in comparison to other 
OECD countries, and payments based on agricultural output have increased thus leading to distortions.’ 
 
The Secretariat report further notes that “Agricultural supports to the livestock sector are significant and have increased during the period, in particular direct subsidy payments” (paragraph 
4.35, page 135). 
 WT/TPR/M/331/Add.1 
 
- 103 - 
 
  Questions: 
 
 When is Turkey planning to update it s domestic support and export subsidy 
notifications to the WTO?  
 
Turkey’s Answer:  Turkey will comply with its export subsidy notification requirements by the 
next meeting of the Committee on Agriculture, which will be held on 7-8 June, 2016. 
 
Turkey also has started a work program to notify its agricultural domestic support programs on a gradual basis.   
In due course, we are looking for the understanding of all Members to complete this work as soon 
as possible.  
 Given that Turkey’s agriculture subsid ies are “relatively high, at least in 
comparison to other OECD countries“ (paragraph 4.18, page 128), and have 
increased over the review period 2011-2014, is Turkey planning to reduce, 
remove or otherwise limit existing dist ortionary agricultural subsidies? Does 
Turkey have any plans to return to the use of less distortionary decoupled 
payments? 
 
Turkey’s Answer: Turkey’s agricultural support has undergone many changes over the last 20 
years. Direct income support (DGD) in Turkey was started with ARIP, a World Bank Project. 
However, because of certain challenges met in the implementation phase, Turkey  ended the 
programme in 2009.  Although, not being used at present, DGD can still be a tool for agricultural 
supports,  according to the Agriculture Law no 5488.   
In terms of trade distorting supports Turkey is bound with de minimis level for developing 
countries in the WTO Agreement on Agriculture.  In developing domestic support programs, Turkey needs to consider deep rooted structural problems existing in the agricultural sector including those stemming from fragmented farm lands, small scale of farms and insufficient 
agricultural productivity.  
 It would not be fair to argue that Turkey provides  high level of support to its agriculture, albeit 
21% of the rural employment, vis-a vis to many other countries with billions of expenditures to 
agricultural sector. Having said that, Turkey takes into account policy developments towards less disruptive support measures. 
 
Lastly, although the Report by the Secretariat notes an increase for the Price Support Estimate (PSE) over the review period, it should be emphasized that it is calculated by the OECD using different parameters than that of the trade dist orting support calculation method of WTO AoA. 
 
As an indicator of the annual monetary value of gross  transfers from consumers and taxpayers to 
support agricultural producers, PSE provides an indication rather than an actual use of any 
support.  
 4. TRADE POLICIES BY SECTOR 
4.1 Agriculture 
Section 4.1, page 133, paragraph 4.28  
 The Secretariat’s report, at paragraph 4.28, notes that “there have been some changes to the 
institutional framework. In 2011, the Ministry of Agriculture and Rural Affairs was re-organized and 
became the Ministry of Food, Agriculture and Livestock. It is responsible for policy formation, monitoring, and inspection activities for food, agriculture and livestock. The main activities of the 
Ministry are development of agricultural policies ; food safety and security; rural development; 
conducting research; development of production; implementation of agricultural support programmes; and protection of land, water and biodiversity. It covers the plant, animal, 
aquaculture, and fishery sectors.” 
 Question: 
 Could Turkey please elaborate on any specific  policies it has for encouraging sustainable 
fisheries management and the main tenance of marine biodiversity? WT/TPR/M/331/Add.1 
 
- 104 - 
 
  Turkey’s Answer: The main objective of the Ministry of Food, Agriculture and Livestock (MFAL) 
regarding fisheries is to ensure sustainable exploitation of and protection of aquaculture resources in seas and inland waters. The main principle in aquaculture farming is to make use of resources/production potential by using environmentally friendly farming techniques. 
 
The Ministry takes into consideration scientific, economic, social and environmental aspects while drafting legislation on fishing, via receiving opinions/comments of the stakeholders periodically. 
These regulations bring up certain  obligations for fishermen, including those related to fishing 
equipment,  fishing methods, fishing areas, fishin g periods, minimum size of species.  Sanctions 
would be imposed in case of the violation of the regulations according to the Law on Aquaculture, No: 1380. 
 
Sustainability of fishery sector has been aimed through legislation on the basis of  precautionary principle, with a view to enabling reproduction of aquatic animals at least once in their life.  
 
4. TRADE POLICIES BY SECTOR 4.3.3 Telecommunications 
Section 4.3.3, page 168, paragraph 4.182  
 The Secretariat’s report, in paragraph 4.33, states “Turkey's Vision 2023 was initiated in 2003 and is composed of four sub-projects focusing mainly  on technology and information systems. For ICT, 
including the telecommunication sector, the Vision aims to reach 30 million broadband subscribers; 
provide internet connection for 14 million households reaching a speed of 1,000 Mbps; increase the ICT's share of GDP to 8%; reach a computer literate rate of 80%; become one of the top ten 
countries in e-transformation; increase the num ber of companies to 5,500 and employees to 
65,000; and increase the sector's size and market  growth year on year. In 2013, the Vision was 
updated for ICT including the telecommunications sector. The revised Vision aims to reach 60 
million broadband subscribers; increase the IC T's share of GDP to 10%; reach a broadband 
internet usage rate of 80%; and provide broadband access via next generation networks for every household and business. The number of broadband subscriptions has already reached 41.2 million. The ICT's share of GDP in 2014 is almost equal to 4% . The ratio of the population using internet is 
55.9 % as of April 2015.” 
 Question: 
 
 We note that the emphasis of Turkey’s Vision  2023 on developing Turkey’s ICT sector and 
infrastructure. Considering Turkey’s efforts to reform its telecommunications sector, and 
consistent with Turkey’s support for initiatives aimed at liberalizing services trade, has 
Turkey considered other reforms that would enable the use of telecommunications/internet as a means of supplying services, for ex ample the removal of local presence and 
nationality requirements in specific sectors? 
 
Turkey’s Answer: Although strengthening ICT sector and infrastructure is a key strategic 
objective for Turkey, the local presence and nationality requirements in specific sectors are 
independent of the reforms and efforts made in the ICT area. These requirements originate from 
specific laws, and the underlying reasons for such requirements are mostly related to the exercise 
of supervisory and regulatory functions that ca nnot be performed beyond the jurisdiction of 
Turkey. Currently, there is not an overarching refo rm agenda for the elimination of local presence 
and nationality requirements existing in the Turkish legislation.  5. APPENDIX TABLES 
Section 5, page 195, Table A2.3  
 The Secretariat’s report, in table A2.3 ‘Foreign Direct Investment Relations’, details (in the 
‘Aviation’ section) “No more than 49% equity participation by foreigners. Licences to operate 
airlines are only granted to locally incorporated companies whose management is under the control of Turkish citizens and the majority of voting shares are owned by Turkish citizens. 
Airlines, of which the majority of shares are controlled by foreigners, are not permitted to carry 
passengers from one national airport to another. To obtain ground handling services licences (A and C Group Licences), the majority authorized ad ministration and representation of the company 
must be Turkish. The contract of such a company has to guarantee that the votes of its majority 
shareholders belong to Turkish nationals.” WT/TPR/M/331/Add.1 
 
- 105 - 
 
  Additionally, in paragraph 5 of the Summary of the Secretariat’s report it states “Turkey continues 
to recognize the importance of attracting foreign direct investment through its many programmes of incentives, schemes, and free zones. The main  framework law for investment, the 2003 Foreign 
Direct Investment Law, continues to provide the main elements for investment such as national 
treatment, transfer of proceeds, etc., and has no t undergone significant revision. However, there 
have not been any major changes to investment restrictions either and Turkey continues to impose restrictions in the broadcasting, aviation, maritime transport, port services, fishing, 
accounting, financial, mining, real-estate, electricity, and education sectors.” 
 Additionally, in paragraph 3.18 of the Report by Turkey (WT/TPR/G/331) it states that Turkey 
“supports initiatives aimed at liberalizing services trade and believes that there is untapped 
potential to be released by way of trade in services negotiations. Turkey believes that as for a 
post-Bali priority and as being an enabler of international trade, transport and logistics should be on top of the list of services to be liberalized…” 
 
Question:  
 Given the priority Turkey’s places on the libe ralisation of trade in transport and logistics 
services, is Turkey considering domestic reform of its investment restrictions in the aviation sector? 
 
Turkey’s Answer: Detailed explanation regarding aviation restrictions and the underlying 
legislation are reported in Appendix Table A2.3 of the Secretariat Report. Currently, there are no 
plans to alter restrictions in the aviation sector. 
 
Report by Turkey (WT/TPR/G/331 
 
2. ECONOMIC ENVIRONMENT 2.4.2 Services Trade 
Sction 2.4.2, page 6, paragraph 2.31  
 In the Report by Turkey, it states, in paragraph 2. 31 “Within the services sector, the importance of 
visual services has been increasing rapidly. According to the “Theatrical Market Statistics 2014” of 
the “Motion Picture Association, Turkish box office has been ranked 15th among international box 
office markets in 2014 with a revenue of US$30 million.”  
Additionally, in paragraph 2.32 it states “As a recent phenomenon, Turkish serials’ popularity is 
increasing worldwide. It is estimated that Turkis h serial productions have an audience of about 
400 million in over 70 countries.” 
 
Question:  
 We are interested to note the growing significan ce of audio-visual services for Turkey. Given 
this success, has Turkey considered how this might be reflected in its policy towards this 
sector in current or future services trade negotiations? 
 
Turkey’s Answer:  As noted, the audio-visual services, es pecially the Turkish serials are gaining 
popularity worldwide and providing for an increased potential for Turkey’s trade in services. The sector has become a priority area in terms of Turkey’s trade negotiations, as well. In its bilateral 
FTA negotiations, Turkey aims at increased market opportunities for the distribution and 
production of audio-visual products; also, as relevant, works towards incorporating audio-visual co-production arrangements or provisions within these agreements. WT/TPR/M/331/Add.1 
 
- 106 - 
 
  Canada 
 Government Report -Turkey (G331)  
Part 3. Trade Policies: Plurilateral Negotiations under the WTO: section 3.1.2, page 8  
The Environmental Goods Agreement and Trade in Services Agreement are mentioned here, 
however, there is no discussion regarding the recently-concluded expansion of the Information 
Technology Agreement. 
 
Question 1  
Does Turkey intend to join the expanded Inform ation Technology Agreement in the near future?  
 
Turkey’s Answer:  As an original signatory to the Information Technology Agreement of 1996, 
Turkey has constructively engaged, until the very last stage, in the negotiations aiming at the expansion of product coverage of the ITA. However, despite all its efforts, due to the reservation 
of one specific country on Turkey’s schedule, Turk ey did not take part  among the parties to the 
Expansion Agreement at the MC 10 in Nairobi. Currently, there is no work in joining the 
Agreement.  
 
Part 3. Trade Policies: Free Trade Agreements under Negotiation, paragraph 3.53, page 12.  
It is noted that “Turkey has launched initiatives to start negotiations with 11 countries/country blocks, which are the USA, Canada, Thailand, In dia, Indonesia, Vietnam, Central American 
Countries, other ACP Countries, Algeria, South Africa and Pakistan.” 
 Question 2  
Could Turkey please elaborate on the meaning of “launched initiatives to start negotiations”, 
including the respective status of each initiative?  
Turkey’s Answer:  In parallel to the common commercial policy of the EU, Turkey conducts FTA 
negotiations. After the EU Commission receives mandate from the Council to initiate FTA negotiations with a certain country, Turkey also extends its invitation to initiate a similar process. With many of these countries, Turkey either co ncluded an FTA or is at the negotiation stage. 
However, some of the countries that are already covered under the EU’s FTA policy did not 
respond positively to Turkey’s invitation for the initiation of bilateral FTA talks. These countries are classified under this category. 
 
Secretariat Report -Turkey (S331)  
Part 2. Trade and Investment Regime; Organized Industrial Zones, paragraph 67-68, page 43.  
It is noted that Turkey’s has over 213 Organize d Industrial Zones (OIZs) in operation and that 
they were established to provide an investor-friendly environment for businesses through a variety of incentives. Listed in the advantages for companies establishing in OIZs is the exemption from environmental taxes. 
 
Question 3  
Which environmental taxes subject to exemptions are generally offered to OIZs as incentives to 
businesses? 
 Turkey’s Answer:  Although there is no support measure such as environmental tax exemption 
under the Investment Incentive Program, investors operating in the OIZs can benefit from the 
following advantages (exemptions from environmental taxes):   No VAT for land acquisitions. 
 Exemption from real estate duty for 5 years starting after the construction of the plant. 
 Low water, natural gas, and telecommunication costs. 
 For unification and/or separation of plots, no tax to be paid. Exemption from municipality tax 
for construction and usage of the plant. 
 Exemption from the municipality tax on solid waste if the OIZ does not benefit from the 
municipality service. WT/TPR/M/331/Add.1 
 
- 107 - 
 
  Table: Environmental Tax Exemptions to enterprises in the OIZs 
TAX TYPE OIZ LEGAL ENTITY 
Sewage Drain Fee Free 
(The Regions Operating Central Sewage Drain Facility) 
Electricity and Gas 
Consumption Tax  Free 
(For the electricity and gas that the OIZs’ administrations’ own 
buildings consume) 
Building Construction 
Fee and Occupancy 
Permit Fee  Free 
 
Environment Cleaning 
Tax Free 
(For the OIZs that are located within municipality boundaries and 
municipal adjacent areas but do not make use of environment 
cleaning services of the municipalities) 
 
Question 4  
How are these environmental tax exemptions cons istent with Turkey’s domestic environmental 
laws?  
 Turkey’s Answer:  Legal regulations on environment in  Turkey are listed in Turkey’s “EU 
Integrated Environmental Approximation Strategy (IEAS) (2007-2023)”  
http://www.ab.gov.tr/files/ardb/evt/2_turkiye_ab_ iliskileri/2_2_adaylik_su reci/2_2_8_diger/ab_en
tegre_cevre_uyum_stratejisi.pdf (p. 74). 
 
These regulations on environment are listed in th e webpage of the Ministry of Environment and 
Urbanization, and the Ministry of Forest and Water Affairs as well: http://www.csb.gov.tr/gm/cygm/index.ph p?Sayfa=sayfa&Tur=webmenu&Id=266 
http://www.ormansu.gov.tr/osb/o sb/mevzuat1.aspx?sflang=tr 
(Currently, there is no English translation for these regulations).  
Environmental tax exemptions are provided to ente rprises to provide protection and sustainability 
of the environment.  
Question 5  
Could Turkey please explain whether and how OIZs effectively contribute to resource efficiency, 
environmental protection and meeting the challenges of climate change?  
Turkey’s Answer:  The implementation of OIZ project (their establishments and making them 
prevalent) in Turkey has made the contributions and duties of the establishments/enterprises/institutions operatin g in the areas of innovation and technology 
development more explicit, and thereby preven ted the repetitions. Taking Turkey’s tech-
development system into account as a whole, Turk ey’s total productivity and resource efficiency 
increased in this way. 
 
Part 3. Trade Policies and Practices by Measure: Measures Directly Affecting Imports; Tariffs, paragraph 3.30, page 50.  
 
It is noted that Law No. 474 on the Customs Tariff Schedule allows the Government to increase 
the applied MFN rates when these are deemed insu fficient to provide “adequate” protection to 
domestic industries. 
 
In addition, it is understood that Turkey applies a statutory tariff that is different from the applied MFN tariff, and that the Government may repl ace the applied MFN rate by 150% of the 
corresponding statutory tariff rate to ensure higher protection to local industries. This statutory 
tariff is only applied for tariff lines that are unbound or fall outside of the scope of the Customs Union.  For bound tariff lines or lines covered by the Customs Union, any increase in the applied MFN rate is capped by Turkey’s commitment levels.   
 
Question 6  
Could Turkey explain what Law No. 474 determin es as constituting “adequate protection”? 
 WT/TPR/M/331/Add.1 
 
- 108 - 
 
  Turkey’s Answer:  Law No. 474 is only an authorizing law that does not directly set tariff rates 
but sets limits for the government in adjusting tariffs within maximum and minimum rates without referring to Turkish Grand National Assembly’s co nsent. Turkey sets its tariff rates in compliance 
with its WTO commitments, Customs Union and other FTA obligations.  
 
Question 7  
Could Turkey explain if use of the statutory ra te is a common or relatively rare practice? 
 
Turkey’s Answer:  Please see reply to Question 6. 
 
Part 3. Trade Policies and Practices by Measure: Measures Directly Affecting Imports; 
Tariffs, paragraph 3.32, page 50.  
It is noted that Turkey raised the rates of cert ain customs duties in response to requests from 
domestic producers. 
 
Question 8  
Could Turkey briefly describe the process or mechanism for responding to domestic producers 
requests in such instances? Is there a legal and regulatory framework that outlines such a 
process?  Turkey’s Answer: Domestic producers or interested parties apply to the relevant authority if they 
detect any market disruption. The administration evaluates the request in the light of the 
international obligations and if it deems necessary, it could take measures by taking into account the obligations under the WTO, the EU Customs Union and the FTAs. 
 
Part 3. Trade Policies and Practices by Measure:  Measures Directly Affecting Imports; Tariffs, paragraph 3.35, page 53.  
 
The highest applied MFN tariff rates of 225% on ag ricultural products apply to 76 tariff lines, 
namely fresh, chilled, or frozen meat and edible  o f f a l  o f  b o v i n e  a n i m a l s ,  s w i n e ;  s h e e p ;  g o a t s ;  
horses; assess; and mules or hinnies. 
 
Question 9  
Could Turkey indicate whether there is scope for reducing the applied MFN tariff on such 
agricultural products going forward?  
 Turkey’s Answer:  So as to maintain the balance in the market, when deemed necessary, the 
tariff rates for agricultural products can be altered considering domestic and international prices, 
demand and supply, domestic production, exchange rates as well as the local necessities.  To give an example, in 2010, the tariff rates for some live animals and fresh/chilled or frozen meat 
were reduced with the purpose of preventing the increase in the domestic prices. Similarly, in the 
beginning of 2014, taking into consideration the re ductions in the production and increases in the 
domestic prices, the tariff rate for dried beans was eliminated for a period of 8 months for the 
purpose of maintaining the balance in the domestic market. 
 Part 3. Trade Policies and Practices by Measure: Measures Directly Affecting Imports; Sanitary and 
phytosanitary measures, paragraph 3.111, page 79.  
 It is noted that Turkey's "Biosafety Board forms scientific committees and makes its decisions on a 
scientific basis reflected in the scientific risk assessment and socio-economic evaluation". 
 
Question 10  
With respect to the consideration of socio-economic evaluation in biosafety regulatory decisions, 
and given the importance of ensuring that al l regulatory systems and regulatory decisions 
regarding agricultural products are transparent, predictable and based on scientific evidence; could 
Turkey please elaborate on the Bi osafety Board’s approval process? 
 WT/TPR/M/331/Add.1 
 
- 109 - 
 
  Question 11  
Could Turkey please expand upon how the Biosafet y Board’s approval process differs from that of 
the EU, for example what other considerations are being taken into account in Turkey’s approval 
process?  
 
Part 3. Trade Policies and Practices by Measur e: Measures Affecting Production and Trade; 
Government Procurement, paragraph 3.190, page 109  
 
It is noted that “Exemptions to the procurement law are also granted to the relevant ministries for matters related to defence, security, or intelligence. Certain sectors or areas such as utilities, prisons, schools, state railways, air transport, and research and development activities are also not 
covered by PPL. However, there is no institution in which purchases are totally outside of the scope 
of PPL. Furthermore, an exemption does not cover all public procurements of certain sectors or areas, but it covers only some specific purchase s. Goods, services and works procurement, which 
are decided by the relevant Ministry to be related to defence, security or intelligence, can be 
completely outside the scope of PPL. Moreover, procurement of goods and services, including offsets, for the purposes of innovation, naturalization, and technology transfer are outside the 
scope…” 
 Turkey’s Answer to Questions 10 and 11: In this decision making process, the Biosafety Board 
that includes scientists, evaluates reports by Scientific Committees and takes public opinion into 
consideration. Reports prepared by Scientific Committees -with the exception of simplified process- 
are shared with the public for public consultations.   
Reports are uploaded and shared publicly throug h the web site of Turkish Biosafety Information 
Exchange Mechanism (www.tbbdm.gov.tr). 
 
Board provides explanatory scientific repo rts for the rejections and approvals. 
 While carrying out evaluations, Scientific Committees consider several documents including those submitted by importers and number of international institutions such as EFSA, WHO, FAO, FDA as 
well as the results of scientific researhes. 
 More specifically,  
 
1- Applications are conveyed to Board by the Ministry of Food, Agriculture and Livestock 
(MFAL). Board sends its evaluation regarding the application whether it is applied or not 
applied to the MFAL in 90 days. The MFAL informs the applicant in 15 days.  
2- Decision Process starts after applicants are notified regarding decisions taken in first 
evaluation by the MFAL and this period can not exceed 270 days. 
3- Elapsed time arising from requests for additional information and documents are not taken 
into account for this period. 
4- In a period of 270 days, Biosafety Board sets up scientific committees, the committees 
prepare their scientific reports, prepared re ports are consulted with public, and public 
opinions are evaluated by committees. Finally, Board makes its decision and shares its 
decision with the MFAL 
5- Approvals are published in Official Gazette. 
 
Rejections are notified to the applicant. Applicant has the right to object to rejections in 60 days. 
Board evaluates the objection and makes a decision in 60 days.  
Question 12  
Could Turkey explain, what rule s if any, apply to procurements that are not covered by PPL? 
 
Turkey’s Answer:   There is no single regulation for procurements which are not covered by the 
Public Procurement Law. Procedures and principles regarding exceptions are determined by the relevant ministries and public institutions by taking the opinion of Public Procurement Authority.  
 
Question 13  
Could Turkey explain whether foreign-based entiti es can bid on tenders not covered by the PPL, 
and if so, would they be treated the same as domestic bidders? 
 WT/TPR/M/331/Add.1 
 
- 110 - 
 
  Turkey’s Answer: Unless otherwise stated in the tender document, foreign tenderers can 
participate in public tenders not covered by the Public Procurement Law. A price preference may 
be applied in favour of domestic goods or supp liers provided that it is indicated in tender 
documents. 
Part 3. Trade Policies and Practices by Measur e: Measures Affecting Production and Trade; 
Government Procurement, paragraph 3.195, page 110.  
 
I t  i s  n o t e d  t h a t  s u p p l i e r s  w h o  f e e l  t h a t  t h e y  have suffered a loss of right or damage due to 
unlawful procedures or actions within the tendering process may file a complaint to the contracting entity and then an appeal to the PPA.  A bidder can also find recourse through the courts. It is also noted that the number of appeals submitted to th e Public Procurement Authority is approximately 
4% of public procurement contracts per year.  
 Question 14  
Could Turkey explain whether foreign bidders can file a complaint through these processes?  
 Turkey’s Answer  Foreign economic operators have right to submit complaints to contracting 
entity, the Public Procurement Authority and the Courts. 
 Question 15  
If yes, could Turkey provide information on th e percentage of appeals that are submitted by 
foreign bidders to the Public Procurement Authority?  
 Turkey’s Answer  The below table shows the numbers and percentages of appeals that are 
submitted by foreign bidders in 2014 and 2015. 
 
 2014  2015  Total (2014-
2015)  
Number of Appeals by 
Foreign Bidders 17 8 25 
Total Number of Appeals 3,837  3,498  7,335  
Percentage (%) 0.44  0.23 0.34 
 
Part 3. Trade Policies and Practices by Measur e: Measures Affecting Production and Trade; 
Government Procurement, paragraph 3.198, Page 111. 
 
It is noted that “… regardless of the value of th e contract, whether below or above the threshold, 
in procurement of service and works, up to a 15% price advantage may be granted for all 
domestic tenderers, and in procurement of goods, up to a 15% price advantage may be granted 
for tenderers who offer domestic products, as determ ined by the Ministry of Science, Industry and 
Technology and other relevant institutions. However, this provision is not applicable for the domestic tenderers who participate in the tender  proceedings by forming joint ventures with 
foreign tenderers. The percentage of price advantage is determined solely by the contracting entity 
or by a related Ministry contracting entity within the range of 0 to 15%.”  
Question 16  
Could Turkey explain whether bidders are informed whether a price preference applies at the time 
of bidding and, if so, are they advised of what the percentage will be? 
 
Turkey’s Answer:  It is indicated in the contract notices and tender documents whether a price 
preference applies or not and information on the relevant percentage is also provided.   
Question 17  
If not, when are bidders informed that a price preference will apply? 
 
Turkey’s Answer:  All bidders are informed at the publication time of contract notices whether 
there is a price advantage for domestic tenderers or domestic goods.  
Part 3. Trade Policies and Practices by Measur e: Measures Affecting Production and Trade; 
Government Procurement, paragraph 3.200, Page 111.  WT/TPR/M/331/Add.1 
 
- 111 - 
 
  It is noted that “The application of both above-mentioned types of national preferences is not 
mandatory; it is an option which the contracting entity may utilize, but it is not obliged to do so. However, in February 2014, the 'omnibus' law amended various aspects of Turkish public procurement legislation and introduced restrictive measures that make the previously optional 
domestic price advantage of up to 15 % compulsory for 'medium and high-technology industrial 
products'. These industrial products will be determ ined by the PPA with the input of the Ministry of 
Industry each year in January but generally cove r medical devices and pharmaceutical products.” 
 
Question 18  
Could Turkey provide information on where interested bidders can find the list of ‘medium and 
high-technology industrial products’ to which the mandatory price preferences will apply? Will it be 
published annually? 
 Turkey’s Answer:  Interested bidders can find the list of  medium and high technology industry 
products on the website of Public Procurement Auth ority (PPA). The list is published every year in 
January.  
Part 4. Trade Policies by Sector; Chemicals, paragraph 75, page 144-145.  
 I t  i s  n o t e d  t h a t  T u r k e y ’ s  C h e m i c a l  I n d u s t r y  S t r a t e g y  a n d  C o u r s e  o f  A c t i o n  D o c u m e n t  h a s  s i x  strategic targets. One of the Strategy’s targets is to produce high-value-added, environmentally-
friendly chemical products to develop the exports market and another target is to increase demand 
for locally produced chemical prod ucts to reduce foreign trade. 
 
Question 19  
Could Turkey please explain how it plans on bo th expanding production of its environmentally-
friendly chemical products exports while at the same time creating local demand for these 
products and reducing their imported demand? 
 Turkey’s Answer:  Turkey believes that there is a misunderstanding due to a mistranslation in 
T u r k e y ’ s  C h e m i c a l  I n d u s t r y  S t r a t e g y  a n d  C o u r s e  o f  A c t i o n  D o c u m e n t .  T h e  t a r g e t  o f  “ Increase 
demand for locally produced products to reduce foreign trade ” does not exist in the original 
Turkish Strategy Document. Correct translation fo r the mentioned target would be “By increasing 
worldwide demand for Turkish domestic products, current account deficit will be improved”. 
 
Appendix Tables, Table A2.3 Foreign direct investment restrictions, 2015, page 197:  
It is noted that Turkey permits foreign investment in the mining subsector only through companies 
established in Turkey, and that the exploration and exploitation of boron are reserved for the 
Government.  Question 20  
Could Turkey provide references (perhaps as an annex) to the various licencing and permit 
regimes in place on mining projects involving foreign investors, including a summary of the regulatory requirements and the actual practice with respect to the issuance of licences and 
permits? 
 Turkey’s Answer :   Article 6 of the Mining Law No:3213 describes mining rights as “ Mining rights 
shall be granted to the Turkish citizens who are qualified to exercise the civil rights; to the legal 
entities established in accordance with the laws of Turkish Republic and the Statute of which prescribe that mining is included in their field of activity; to the state economic enterprises (SEEs) authorized on this matter and to their entities, affiliates and associates; and to the other public 
institutions, agencies and administrations. ”. Meeting one of the specified conditions mentioned in 
Article 6 is sufficient in order to obtain mining licence in Turkey. The law does not discriminate between domestic and foreign companies and there ar e no specific licencing and permit regimes in 
place on mining projects regarding foreign investors. 
 WT/TPR/M/331/Add.1 
 
- 112 - 
 
  BRAZIL 
Secretariat Report 
3.2.4.2 Export support programmes 
“3.136. Turkey's Ministry of Economy has a number of government support programmes which are 
intended for all companies operating in commercial or industrial bases (Table 3.21). These 
programmes provide certain types of support to ex porters. (See Sections 3.3.1 and 3.3.2 for SME 
supports, and business incentives and subsidies, which may also support exports). In addition, 
each year the Ministry of Economy provides a list  of target and priority countries for export.” 
Question 1: Could Turkey indicate which industries and individual products have most benefitted from such 
support in the last few years? 
 Turkey’s Answer:  In terms of merchandise exports,  the sectors and individual products that have 
benefited from such supports to the SMEs are, inte r alia, live animals, fresh fruits and vegetables, 
dried fruits, hazelnuts, cereals, pulses, oil seeds, olive oil, tobacco, chemical products, textiles, 
apparels, leather and leather products, machinery and parts of machinery, automotive industry, electrics and electronics, forestry products, iron and steel products, mining products, vessels and 
yachts, jewelry, fishery products, ornamental plan ts, carpets, cements and products of soil. In 
terms of services, health and software industries have most benefitted from such support in the last few years. 
4.1.4 Support programmes 
“4.18. Turkey's agriculture support has undergone many changes over the last 20 years leading to 
the maintenance of relatively high supports, at least in comparison to other OECD countries. The use of decoupled payments ceased in 2009 while output-based payments increased. Turkey's 
Producer Support Estimate (PSE) as reported by the OECD has generally increased over the review 
period, except for a slight decline in 2012. Market-based supports comprise the largest share of the PSE, accounting for 76% in 2014, an increase from 72% in 2011. The largest market-based 
supports are for beef and potatoes (Table 4.8)”. 
Question 2: Is Turkey taking measures to reduce this high level of agriculture support? If yes, could Turkey 
elaborate on them? 
Turkey’s Answer: First of all, in terms of trade distorting supports Turkey is bound with 
de minimis level for developing countries in the WTO Agreement on Agriculture. In developing 
domestic support programs, Turkey needs to take into consideration deep rooted structural 
problems existing  in the agricultural sector including those stemming from fragmented farm 
lands, small scale of farms and insufficient agricultural productivity.   
It would not be fair to argue that Turkey provides  high level of support to its agriculture, albeit 
21% of the rural employment, vis-a vis to many other countries with billions of expenditures to 
agricultural sector. Having said that Turkey takes into account policy developments towards less 
disruptive support measures. 
Question 3: According to the Secretariat report, beef is one of the products receiving most support from the 
Turkish Government. Could Turkey elaborate on  the types and amounts of support its beef 
producers and exporters receive? 
Turkey’s Answer: As a traditional agricultural activity in Turkey, livestock sector has a great deal 
of importance. As can be seen from Turkey’s 2023 Vision for Agriculture, livestock sector is aimed 
to be further developed through use of modern technologies and effective support tools which will 
enable more competitive livestock industry and increased productivity.   
Existing support programmes, details of which can be examined from the Table 4.14 in the 
Secretariat Report, aims to increase yield per animal through artificial insemination, along with disease control through vaccination of the newborn calves with Brucellosis vaccine etc.  WT/TPR/M/331/Add.1 
 
- 113 - 
 
  4.1.8.2 Livestock 
“4.35. Agricultural supports to the livestock sect or are significant and have increased during the 
period, in particular direct subsidy payments. Livestock subsidies, as a percentage of Turkey's overall agricultural subsides, have increased. The share of the livestock sector eligible for subsides 
was 24% in 2011, rising to 30% in 2015”. 
Question 4: Which measures has Turkey taken to ensure that such increased subsidies to livestock do not 
distort trade and do not generate barriers to imports of beef and poultry? 
 Turkey’s Answer: As a traditional agricultural activity in Turkey, livestock sector has a great deal 
of importance in terms of socio-economic development. While Turkey aims to further develop 
livestock sector through use of modern technologies and effective support tools, it does not pursue 
policies that are aimed to generate barriers to imports.  
Sustainability of rural communities that depend on livestock farming is the key goal defining the 
overall support policies for the livestock sector. WT/TPR/M/331/Add.1 
 
- 114 - 
 
  PERU 
PREGUNTAS DEL PERU AL EXAMEN DE POL İTICAS COMERCIALES DE TURQU İA 
 Sobre la base de lo senalado en la documento WT/TPR/S331 del 9 de febrero de 2016, el Peru 
tiene las siquientes preguntas: 
 Pregunta 1 
 4.  POLÍTICAS COMERCIALES, POR SECTORES 4.3 Servicios 
4.3.1 Servicios financieros 
4.3.1.1 Banca  Parrafo 4.87.-  Según el FMI, los bancos turcos están bien capitalizados y en 2014 mantenían una 
relación entre los préstamos y los depósitos del 118%. Los activos de los bancos han crecido a lo 
largo del período objeto de examen, pero se mant ienen en un nivel razonable, el equivalente del 
114% del PIB de Turquía; y la relación entre los créditos improductivos y los préstamos totales se 
mantiene en el 2,9%. No obstante, el sistema bancario está sometido a un riesgo importante de 
refinanciación debido al aumento de la financiación externa en divisas. El FMI también ha señalado 
que Turquía, en octubre de 2014, había sido eliminada de la lista de países del Grupo de Acción 
Financiera con insuficiencias estratégicas en sus marcos jurídicos para combatir el blanqueo de 
dinero y la financiación del terrorismo. Esta eliminación se produjo después de que se adoptasen 
medidas de penalización de la financiación del terrorismo y se estableciesen procedimientos para 
identificar, congelar y confiscar los activos terroristas. (El subrayado es nuestro) 
 Pregunta.- El Peru desea conocer cuales son estas medidas de penalizacion y que 
procedimientos se han establec ido para hacerlas efectivas 
 
Turkey’s Answer: Within the scope of criminalization of terrorist financing offence and 
mechanism for asset freezing, three main legislative instruments entered into force: 
 
1. Law No.6415 on the Prevention of the Financin g of Terrorism (TF Law) entered into force on 
16 February 2013 within the scope of effective fight against terrorism and financing of terrorism for the purpose of determining the principles and procedures on implementing the “International 
Convention for the Suppression of Financing of  Terrorism” dated 1999 and the United Nations 
Security Council Resolutions related to combating terrorism and the financing of terrorism within the context of this Law, on establishing financin g of terrorism offence, and on freezing of asset 
with the aim of preventing  financing of terrorism . 
 2. Regulation on the Proceeds and Principles Regarding the Implementation of Law on the 
Prevention of the Financing of Terrorism (Regul ation on TF)  entered into force on 31 May, 2013 
for the purpose of regulating principles and procedures regarding making, executing, revoking of the asset freezing decisions, and management and control of frozen assets within the scope of effective fight against terrorism and financing of terrorism. 
 
3. Financial Crimes Investigation Board (MASAK) General Communiqués No.12  entered into force 
on 21 June 2014 for the purpose of effective implem entation of the TF Law and the Regulation on 
TF. The scope of the Communiques consists of ex planations on the enforcement of decisions on 
freezing of asset by the persons, institutions and organizations holding assets in their care or keeping the record of assets in accordance with the provisions of the Law and Regulation and on 
the management of frozen assets in accordance wi th provisions of the Law within the scope of the 
permission granted by MASAK.  WT/TPR/M/331/Add.1 
 
- 115 - 
 
  1. Criminalization of TF Offence 
TF offence is criminalized by the Articles 3 and 4 of the TF Law as follows: 
Article 3 
“(1) It is forbidden to provide or collect funds for perpetration of the following acts: 
a) Acts intended to cause death or serious bod ily injury for the purpose of intimidating or 
suppressing a population or compelling a government or an international organisation to do or to 
abstain from doing any act, 
b) Acts set forth as terrorist offences within the scope of the Anti-Terror Law No.3713 dated 
12/04/1991,  
c) Acts that are forbidden and stipulated as offence in; 
1) Convention for the Suppression of Unlawful Seizure of Aircraft, 
2) Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, 
3) Convention on the Prevention and Punishment  of Crimes against Internationally Protected 
Persons, including Diplomatic Agents, 
4) International Convention against the Taking of Hostages ,  
5) Convention on the Physical Protection of Nuclear Material, 
6) Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil 
Aviation, Supplementary to the Convention for the Suppression of Unlawful Acts against the 
Safety of Civil Aviation,  
7) Convention for the Suppression of Unlawful Ac ts against the Safety of Maritime Navigation, 
8) Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on 
the Continental Shelf, 
9) International Convention for the Suppression of Terrorist Bombings to which Turkey is a party.”  
Article 4  
“(1) Any person who provides or collects funds for a terrorist or terrorist organisations with the 
intention that they are used or knowing and willin g that they are to be used, even without being 
linked to a specific act, in full or in part, in perpetration of the acts that are set forth as crime 
within the scope of Article 3 shall be punished by  imprisonment for a term of five to ten years, 
provided that his/her act does not constitute another offence requiring a heavier punishment. ”  
These provisions encompass criminalization of financing of all terrorist acts including those against 
Turkey and/or other countries. In addition, as it is clearly stated in Article 4, providing or collecting 
funds for an individual terrorist or a terrorist organization is explicitly criminalized. 
Abovementioned provisions are in line with the international standards.  
 
2. Asset Freezing Mechanism on TF The Regulation on TF and MASAK Communique No. 12 has been established in order to implement 
UNSC Resolutions. Obligations within the new TF Law for implementing asset freezing decisions 
with regard to all relevant public and private institutions and other legal entities including financial 
institutions and DNFBPs are clearly set and defined in this legislation. With the Regulation on TF following important aspects of the new asset freezing system are stipulated in detail and more 
clearly: 
 Definitions of some concepts in the TF law (Article 3),  
 Further clarifications with regard to definitions of fund and freezing of asset in the TF law, 
in line with “funds or other assets”  definition of the FATF (Article 3), 
 Procedures for listing, delisting and unfreezin g, access to frozen funds and way of appeal 
against asset freezing decisions (Articles 4, 5 and 12 to 16),  
 Communication with financial institutions and DNFBPs and work flows for implementing 
asset freezing decisions (Article 14), 
 Duties and powers of Assessment Commission (Article 10), 
 Duties and powers of MASAK (Article 16), 
 Control mechanism for frozen assets, impl ementation of sanctions for failure to 
implement asset freezing decisions (Articles 18 to 22), WT/TPR/M/331/Add.1 
 
- 116 - 
 
  With the mentioned Regulation, MASAK is the main actor of the asset freezing mechanism. 
According to Article 16 of the Regulation, MASAK is responsible for;  
a) implementing asset freezing decisions, 
b) conducting financial research and requesting information from any public institution 
and natural or legal person with regard to detection of terrorist assets, 
c) receiving appeals of delisting and submitting them to the relevant authorities,  
d)  approving requests of unfreezing  and impl ementing it by notifying institutions and 
organizations, and natural and legal persons  
e) sending injunctions to financial institutions and DNFBPs or other relevant natural and 
legal persons or public institutions who hold asset records, to implement the freezing action, 
f) listing persons, institutions and organizations about whom decision on freezing of 
assets has been made on MASAK website and de-listing them, 
g) giving permissions for access to frozen funds, 
h) controlling whether the obliged parties including financial institutions and DNFBPs who 
hold asset records comply with the freezing decision and whether the frozen asset is managed in conformity with the provisions of the law, and drawing up guidance in this 
regard, 
i) publishing guidance and implementation manuals, organizing trainings, workshops, 
panels and seminars in order to ensure that obliged parties who hold asset records implement asset freezing decisions effectively and thoroughly, 
j) performing the Secretariat services of the Assessment Commission  
According to the Regulation, for the purpose of implementing asset freezing decisions timely and 
efficiently, MASAK may set up secure electronic systems for notifying relevant persons, institutions 
and organizations, and receive feedback from them  (Article 14(10)). In this framework, MASAK 
notifies the decisions to the relevant obliged parties, including financial institutions and DNFBPs, who hold assets immediately through means of communication such as fax, e-mail and other 
electronic web services.  
On the operational side, it should be noted that MASAK has sufficient technical infrastructure for 
detecting and monitoring terrorist assets and for informing electronically and without delay financial institutions and DNFBPs. 
According to the Regulation on TF, MASAK has the authority to give permission to access frozen 
funds. But it is clearly stipulated in the Regu lation and the Communique No:12 that MASAK, when 
granting permission, takes into consideration the permission and notification procedures arranged 
in UNSC Resolutions 1267 (1999), 1988 (2011) and 1989 (2011) and their successor Resolutions 
including UNSCR 1452.  
MASAK also controls whether persons or institutions within which frozen assets are held, act in 
compliance with the decision of freezing and whether those concerned manage the frozen asset in 
compliance with Law by conducting, research and examinations on relevant books, documents and records. 
Moreover, MASAK General Communique No.12 brings more clear explanations on the 
implementation of decisions on freezing of asset by liable parties (financial institutions and 
DNFBPs) in accordance with the Law and Regulati on and on the management of frozen assets 
within the scope of the permission granted by MASAK.  
With the Communique, 
 It has been clearly mentioned that while granting permission to access the frozen assets 
under UNSC Resolutions No. 1267 and 1373,  MASAK shall pursue the procedures 
proposed in the UNSC Resolution No. 1452(2002) and its successor Resolutions. 
 Purpose and scope of access to frozen assets has been redefined in accordance with the 
UNSC Resolution No. 1452(2002)  
 Communication with liable parties via the Registered Electronic Mail System has been clearly 
set up. WT/TPR/M/331/Add.1 
 
- 117 - 
 
   Blocking Non-Face-to-Face Systems for designated persons has been introduced 
 Freezing of jointly owned assets has been explained. 
 Guidance for potential matches with sanction lists while carrying out financial transactions 
has been provided  
 All obligatory payments which can be made without permission according to TF Law, to be 
made to public institutions or quasi-public organizations as taxes, levies, duties, rents, 
social security premiums, has been included within the scope of the actions to be taken 
with the permission of MASAK. 
 All permitted actions of legal entities to be conducted within the scope of the permission 
document required to be conducted over bank accounts. 
 Permitted legal entities whose assets are frozen may not accept cash while purchasing or 
selling goods and services or collecting their receivables in order to continue their 
activities. All collections to be made by them shall be made by using point-of-sale devices 
or through bank accounts. 
 Every kind of exercise of power of dispositio n on frozen assets stated in the Law and the 
Regulation have been clarified and ruled out in order to avoid undermining freezing 
decisions. 
 
Pregunta 2 
 4. POLÍTICAS COMERCIALES, POR SECTORES 
4.3 Servicios 
4.3.1 Servicios financieros 4.3.1.2 Seguros 
 
Parrafo 4.98.- La Ley de Seguros Nº 5684, de 2007, regula la supervisión de las compañías de 
seguros y reaseguros. Todas las compañías de seguros y reaseguros, sean turcas o extranjeras, 
están sometidas a la misma legislación. No existe ninguna restricción a los capitales extranjeros. 
En Turquía solo pueden establecerse compañías de seguros o reaseguros bajo la forma de sociedades anónimas o compañías mutuas (cooperativas). Las compañías extranjeras de seguros y reaseguros también pueden operar en Turquía medi ante la apertura de sucursales, siempre que no 
tengan prohibida tal cosa en sus países de origen. Las compañías de seguros y reaseguros deben 
obtener licencia de la Subsecretaría del Tesoro. Cada sucursal debe disponer de una licencia 
distinta. Las licencias están registradas en el Registro Mercantil de Turquía y se publican en la 
Gaceta del Registro Mercantil de Turquía . (El subrayado es nuestro) 
 
Pregunta.- El Peru desea conocer los requisit os y procedimientos para la obtencion de la 
licencia. 
 Turkey’s Answer:  Requirements for license applications are specified in articles 11-15 of the 
Regulation on Establ ishment and Working Principles of Insurance Companies and 
Reinsurance Companies  which can be reached at 
http://www.tsb.org.tr/reg ulations.aspx?pageID=987 
 
Pregunta 3 
 
4. POLÍTICAS COMERCIALES, POR SECTORES 
4.3 Servicios 
4.3.1 Servicios financieros 4.3.1.3 Valores  
Parrafo 4.109.-  El objetivo a largo plazo es preparar Borsa Istanbul para su privatización. 
Interlocutores comerciales internacionales han manifestado desde hace mucho tiempo su interés por adquirir una parte del capital de la empresa. El Gobierno tiene una participación del 49% en el 
capital total de Borsa Istanbul y ha manifestado el propósito de vender su participación mediante 
una IPO prevista para 2016.  WT/TPR/M/331/Add.1 
 
- 118 - 
 
  Pregunta.- El Peru desea conocer si esta venta estara abierta para inversionistas 
extranleros.  Turkey’s Answer: (BIST)  Currently, 73.6% of Borsa Istanbul’s shares belong to Turkish Treasury. 
Treasury shares can be subject to an IPO until  31/12/2016 and up to 42.75% of Borsa Istanbul 
can be offered to public.   
Borsa Istanbul’s IPO process started with an announcement on international and local media. 
(http://www.borsaistanbul.com/docs/default-source/y atirimci-iliskileri/halk a-arz-financial-times-
ilani.pdf?sfvrsn=2) New progress can be followed through Borsa Istanbul’s website  at 
http://www.borsaistanbul.com/en/investo rs/initial-public-offering-ipo.  
Borsa Istanbul’s contemplated IPO will be open to foreign and domestic investors. As per the 
regulation, 70% of the issue can be sold to foreign investors.  
Pregunta 4 
 
4. POLÍTICAS COMERCIALES, POR SECTORES 
4.3 Servicios 
4.3.2 Sanidad 4.3.2.4 Politica Sanitaria  
Parrafo 4.131.-  Durante el período objeto de examen, la política sanitaria de Turquía se definió a 
través de los planes estratégicos del Ministerio de Sanidad, uno para el período 2010-2014 y otro para el período 2013-2017; sin embargo, su objeti vo básico se mantiene: "proteger y mejorar de 
forma equitativa la salud de nuestra población". 
 Pregunta.- El Peru desea conocer los objectivos de la politica sanitaria para el periodo 
2013-2017. 
 Turkey’s Answer:  The main goal of the mentioned policy is “to protect and improve the health of 
our people in an equitable manner”.  
 
Strategic Goal 1: To protect the individual and the community from health risks and foster healthy 
life styles 
 
Objective 1.1.To develop healthy dietary habits, incr ease the level of physical activity, and reduce 
obesity 
Objective 1.2.To sustain the fight against tobacco and to reduce the exposure to tobacco and the 
use of addictive substances 
Objective 1.3.To develop health literacy to increa se individuals' responsibility for their health 
Objective 1.4.To raise awareness of reproductive health and encourage healthy behaviours. 
Objective 1.5.To reduce the negative impact on health of public health emergencies and disasters 
Objective 1.6.To protect and promote the health  and well-being of  employees by improving 
occupational health 
Objective 1.7.To mitigate the negative im pact on health of environmental hazards 
Objective 1.8.To carry out effective actions on so cial determinants of health by mainstreaming 
health in all policies 
Objective 1.9.To combat and monitor communicable diseases and risk factors 
Objective 1.10.To reduce and monitor the incidenc e of non-communicable diseases and risk factors 
Strategic Goal 2: To provide accessible, appropriat e, effective, and efficient health services to 
individuals and the community 
Objective 2.1.To improve the quality and safety of health services WT/TPR/M/331/Add.1 
 
- 119 - 
 
  Objective 2.2.To protect and improve maternal, child, and adolescent health 
Objective 2.3.To ensure the effective utilisation of preventive and essential health services Objective 2.4.To sustain appropriate and timely access to emergency care services Objective 2.5.To improve the integration and continuity of care by strengthening the role of 
primary healthcare 
Objective 2.6.To control and reduce the complications of non-communicable diseases Objective 2.7.To strengthen the regulations of traditional, complementary and alternative medical 
practices to ensure the effectiveness and safety 
Objective 2.8.To continue to improve the dist ribution, competences and motivation of human 
resources for health, and to ensure the sustainability of human resources for health 
Objective 2.9.To improve the capacity, quality and distribution of the health infrastructure and 
technologies and to ensure their sustainability 
Objective 2.10.To ensure accessibility, safety, e fficacy and rational use of drugs, biological 
products and medical devices, and the safety of cosmetic products 
Objective 2.11.To enhance the health information systems for monitoring and evaluation of, and 
evidence-based decision-making for, the health service delivery system 
Strategic Goal 3: To respond to the health n eeds and expectations of individuals based on a 
human-centred and holistic approach 
Objective 3.1. To strengthen the role of individuals in order to ensure their active participation in 
decisions regarding their healthcare  
Objective 3.2. To better meet the needs of indivi duals with special needs due to their physical, 
mental, social or  economic conditions by ensuring easier access to appropriate health services  
Objective 3.3. To contribute to ensuring equity in the financing of health services and protection of 
individuals from financial risks  
Objective 3.4. To increase the satisfaction of in dividuals with their health services and that of 
health workers with their working conditions  Strategic Goal 4: To continue to develop the health system as a means to contributing to the 
economic and social development of  Turkey and to global health 
 Objective 4.1.To maintain the financial sustainability of health care system without compromising 
service quality through implementation of evidence-based policies 
 Objective 4.2.To monitor health system performance and to document its contribution to health 
and the national economy 
 Objective 4.3.To promote research, development, an d innovation in priority fields of the health 
sector 
 
Objective 4.4.To promote the contribution of the health sector to the economy  
Objective 4.5.To strengthen health tourism in Turkey 
 Objective 4.6.To be among the leaders in the development and implementation of global and 
regional health policies 
 Objective 4.7.To contribute to global health through cooperation and development aid  WT/TPR/M/331/Add.1 
 
- 120 - 
 
  Pregunta 5 
 
4. POLÍTICAS COMERCIALES, POR SECTORES 4.3 Servicios 
4.3.3 Telecomunicaciones 
 Parrafo 4.182. - La Visión 2023 de Turquía, que comenzó a aplicarse en 2003, comprende cuatro 
subproyectos centrados principalmente en la tecnología y los sistemas de información. En el caso 
de las TIC (incluido el sector de las telecomunicaciones), el objetivo de la Visión es alcanzar una 
cifra de 30 millones de abonados a los servicios de banda ancha; suministrar conexión a Internet a 14 millones de hogares, a una velocidad de 1.000 Mbps; aumentar la contribución de las TIC al 
PIB hasta el 8%; lograr una tasa de alfabetización informática del 80%; convertir Turquía en uno 
de los 10 países líderes en el ámbito de la transformación electrónica; elevar el número de 
empresas a 5.500 y el número de empleados a 65.000; y aumentar de año en año el tamaño del 
sector y el crecimiento del mercado. En 2013 se actualizó la Visión en lo relativo a las TIC (incluido 
el sector de las telecomunicaciones). El objetivo de la Visión revisada es alcanzar una cifra de 60 millones de abonados a los servicios de banda ancha; aumentar la contribución de las TIC al PIB 
hasta el 10%; lograr una tasa de uso de los servicios de Internet de banda ancha del 80%; y 
suministrar a todos los hogares y empresas acceso a servicios de banda ancha mediante redes de próxima generación. El número de abonados a los servicios de banda ancha ya ha alcanzado los 41,2 millones. En 2014, la contribución de las TIC al PIB fue casi del 4%. En abril de 2015 el 
porcentaje de población que utilizaba Internet era del 55,9%. 
 Pregunta.- El Peru desea saber cuales son los objetivos especificos de estos 
subproyectos. 
 Turkey’s Answer:  Vision 2023 Project is composed of the following sub-projects: 
 
 Technology Foresight Project 
 National Technology Competence Inventory Project 
 Researcher Information System Project 
 TÜBİTAK National Research Infrastructure Information System Project 
 The task of implementation of the Technology Fo resight Project in coordination with the related 
institutions and establishments, pursuant to the decision of the Supreme Council for Science and 
Technology, constitutes the main axis of the Vision 2023 Project, which has been assigned to TÜBİTAK.  
 
The foresight panels, formed in 12 socio-economic  areas commenced their activities in July 2002. 
Strategy document, covering the science and techno logy policies for the next 20 years of Turkey, 
has been elaborated with the assessment of namely  the outputs of the foresight project, synthesis 
report, Delphi findings and the outputs of the strategic technology workgroups. 
 A comprehensive survey was applied to approximately 2500 firms in February-March 2003 in order 
to determine the technological competence level of Turkey within the scope of the National 
Technology Competence Inventory Project. The analysis of the survey was completed in September 2004 and the report provided objectiv e data to the technology Foresight Project. 
 
Turkish National Researcher Information System (ARB İS) has been designed as a system for the 
research personnel in universities, public and private sector establishments in Turkey and the Turkish researchers serving abroad. 
 
TÜBİTAK National Research Infrastructure Information System (TARAB İS) is a web-based 
application designed and developed by TÜB İTAK. It aims to create the database for 
machine/system/device stock related to research , experimental development, test/analysis, 
diagnosis activities and R&D project accumulation.  
More information can be accessed from TÜB İTAK’s (The Scientific and Technological Research 
Council of Turkey) website: http://www.tubitak.g ov.tr/en/about-us/policies/content-vision-2023 WT/TPR/M/331/Add.1 
 
- 121 - 
 
  UNITED STATES 
Question 1 
WT/TPR/S/331, page 28, paragraph 2.9: Does Turkey have any plans to phase out its local 
content requirements, especially in the renewable energy sector?  
 
Turkey’s Answer:  Law on Utilization of Renewable Energy Sources for the Purpose of Generating 
Electrical Energy was enacted in 2005. The aim of  the law is to increase the share of renewable 
energy sources in total electricity production. The Law was amended in December 2010 and the 
article regarding the “use of domestic products” was incorporated in the Law. With this amendment, incentives for the use of domestic products are provided for a limited period of time. 
 
As a matter of fact, the EU Climate and Energy Package sets a major objective as “Raising the share of EU energy consumption produced from renewable resources to 20% up to 2020”.   
Similarly, Turkey aims to raise renewable energy resource share in electricity production to 30% at 
least, by 2023 according to Electricity Energy Ma rket and Supply Security Strategy Document. In 
order to reach this target and to prevent increase in the current account deficit, Law on Utilization 
of Renewable Energy Sources for the Purpose of Generating Electrical Energy provides the 
legislative base to supply an additional tariff fo r the renewable energy produced by using domestic 
equipment. For developing countries, the best solution to reduce the dependence on imported 
energy is introducing renewable energy which is environmentally friendly and sustainable. 
However, importing this technology from other countries for those which do not have the manufacturing technology of renewable energy, leads to another dependency.  
This application does not require an obligatory use of domestically produced equipment to benefit 
from the existing FIT program. It brings an additional FIT amount for local products which will help to support the recently starting renewable industry development in the country. Also, it will 
important job creation to produce this equipment locally, either by domestic or foreign companies. 
 Another important point to mention is that this application is temporary. Only the production 
facilities in the renewable energy sector, which are commissioned before December 2020, can 
benefit from the application. This additional tariff  i s  p r o v i d e d  f o r  a  t e r m  o f  f i v e  y e a r s  f r o m  t h e  
commissioning of the production facility.   
Additionally, it is optional to benefit both from the 10 years feed in tariff guarantee application and 
the 5 years additional price guarantee of the go vernment. The producer can choose to sell the 
energy produced by renewable resources to the market in any suitable way instead of enjoying 
these incentives. 
 Considering the effect of the usage of renewabl e energy resources on global clean environment 
creation and protection, reducing the greenhouse gas emission in developing countries, and that 
reduction of energy dependency would only be possible by improving country's own technological 
and industrial opportunities in the area.  
Question 2 
WT/TPR/S/331, page 33, paragraph 2.30:   Please describe the commitments with respect to 
copyright in the free trade agreement that Turkey recently concluded with the Republic of Korea. 
 
Turkey’s Answer:  The FTA between Turkey an d the Republic of Korea regulates copyright issues 
under Chapter 2 on Intellectual Property Rights. 
 
The Parties undertake to comply with international standards. The undertakings of the Parties comprise Articles 1 through 22 of the Internationa l Convention for the Protection of Performers, 
Producers of Phonograms and Broadcasting Organizations (1961); Articles 1 through 18 of the 
Berne Convention for the Protection of Literary and Artistic Works (1971); Articles 1 through 14 of 
the World Intellectual Property Organization Copy right Treaty (1996) and Articles 1 through 23 of 
the WIPO Performances and Phonograms Treaty as elaborated under subparagraph 1 of Article 
2.2. 
 Besides, the Parties undertake to provide adequate legal protection and effective legal remedies against the circumvention of effective technological measures and to provide adequate legal WT/TPR/M/331/Add.1 
 
- 122 - 
 
  protection for rights management information in accordance with the conditions laid down in the 
Agreement.  Additionally, the Parties undertake to establish provisions for the enforcement of intellectual 
property rights in their domestic law in accordance with the TRIPS Agreement, in particular Articles 
41 through 61. Furthermore, the Parties undertake to provide measures to curtail repeated copyright and related rights infringement on the internet.  
 
The text of the FTA between Turkey and th e Republic of Korea can be reached at 
http://www.ekonomi.gov.tr/portal/content/conn/ UCM/path/Contribution%20Folders/web_en/Trade
%20Agreements/Free%20Trade%20Agreements/Republic%20of%20Korea/Turkey-
Republic_of_Korea_Free_Trade_Agreement.html 
 
Question 3 
WT/TPR/S/331, page 39, paragraph 2.55: We understand that the goal of the Coordination 
Council for the Improvement of the Investme nt Environment is to improve Turkey's 
competitiveness in attracting FDI. In the Council's most recent action plan, please describe 
whether further amendments to Turkey's copyright law, which would be consistent with the goal of 
attracting FDI, were listed as a priority.  Turkey’s Answer: Turkey is aware of the significance of intellectual and industrial property rights 
in attracting more FDI. Accordingly, the Coordi nation Council for the Improvement of Investment 
Environment (YOIKK) has ten technical committees, one of which is on Intellectual Property Rights (IPR) and R&D. The Committee’s work includes the removal of administrative barriers regarding 
IPR and improving the implementation of the associated rights. 
 In terms of the annual action plans of YOIKK, one of the items of YOIKK’s 2015-2016 Action Plan 
is “Making the necessary legal amendments in order to make disposal of Intellectual Property 
infringing goods applicable in Turkey”. A draft arti cle about simplified procedure of disposal of such 
items is prepared by the Technical Committee and added to the Draft Law on Industrial Property 
which is planned to be submitted to the Parliament in the upcoming period. The Draft Law aims to 
unite all the statutory decrees related with industrial property rights in order to contribute to 
Turkey’s technological development, eliminate implementation problems and provide harmonization with the international norms. 
 
Regarding copyright regulations, one another action  item contains enabling the share of data via a 
protocol between the Ministry of Customs and Trade and the Ministry of Interior with regard to the 
contact information of rightful owners/representatives who have valid applications into the 
Intellectual Property Rights Program.   Question 4 
WT/TPR/S/331, page 69, paragraph 3.60 : As stated in the Secretariat’s Report, the United 
States has in the past raised concerns with Turkey’s investigation on imports of cotton from the United States.  Throughout this investigation, Turkey has denied the United States’ requests for 
supporting information and evidence that Turkey used as a basis for self-initiation of the 
investigation and a finding of injury.  In February  2016, Turkey released its disclosure of essential 
facts and the requested supporting information continues to be withheld.  Please indicate when 
Turkey will release this information to the parties, so that a determination can be made as to 
whether Turkey has abided by its WTO obligations and there is, in fact, sufficient positive evidence to support a finding of injury.     
Turkey’s Answer:  Anti-dumping investigation on imports of cotton originating in U.S is still 
ongoing; the general and firm specific final disc losures have been released. The public and firm 
specific hearings were held. Turkey has been conducting investigations according to its national 
anti-dumping legislation that is in line with WTO Anti-Dumping Agreement (ADA) respecting the 
transparency and due process rights of the partie s. Thus the information requests of the parties 
are met considering Article 6 of ADA. The comments of the interested parties are still being 
evaluated by the investigating authority and the results of the investigation will be 
released/published in accordance with the legislation.  
  
 WT/TPR/M/331/Add.1 
 
- 123 - 
 
  Question 5 
WT/TPR/S/331, Page 75, Paragraph 3.96:  The Secretariat’s report notes that Turkey has 
been focusing on harmonizing its SPS legislation with that of the EU during the review period.  What is the rationale for adopting EU SPS standard s?  How will Turkey ensure that their legislation 
is science-based and is implemented according to their WTO obligations under the SPS 
Agreement?  
Turkey’s Answer: As known, Turkey is candidate for the EU membership since the start of the 
Customs Union in 1995 and at the final stage of  full membership.   For this objective, Turkey has continued to take certain steps in many areas to harmonize its 
national regulations with the EU Acquis, including related to SPS standards.  
 It should be noted that as a member of the WTO,  Turkey is aware of its rights and obligations  
arising from the WTO SPS Agreement. In other words, while aligning itself with the EU  Acquis, 
Turkey also takes into consideration WTO SPS Agreement which inherently necessitates to consider the recommendations and standards of the international sister organizations mentioned in 
the SPS Agreement in the process of developing SPS standards.  
 In doing so, scientific literature is closely followed during the preparation of all regulations. Notifications related to measures falling under the scope SPS Agreement are submitted to the WTO 
on a regular basis. In order to reduce risks, sc ience based risk assessments  are being carried out 
so as to ensure compliance with the WTO SPS Agreement.  
Question 6 
WT/TPR/S/331, page 77, paragraph 3.103:  The Secretariat’s report states that SPS-related 
measures are developed in accordance with the standards, recommendations and guidelines 
determined by standard setting organizations whic h are recognized by the WTO. According to the 
Organization for Animal Health (OIE), countries are recommended to resume trade three months after stamping out of an outbreak, and the subsequent cleaning and disinfection and continued surveillance of affected establishments. Can Turkey please discuss how their process for removing 
avian influenza bans is consistent with OIE guidelines? 
 Turkey’s Answer: In accordance with Article 4 of Law on Veterinary Services, Plant Health, Food 
and Feed Law No:5996, the whole country or only one region of the country where an outbreak of 
a disease is observed may be restricted or prohibited totally or partially. Scope of the prohibition may be narrowed or expanded depending on the course of the disease. 
 
Removal of the bans regarding “Avian Influenza” is fully compatible with the OIE rules and OIE 
Terrestrial Animal Health Code has been based on for the removal of the ban. 
 Poultry products that are processed in appropriate temperature and periods in accordance with 
trade related recommendations of OIE Terrestrial Animal Health Code are not subject to 
restrictions.  Question 7 
WT/TPR/S/331, page 79, paragraph 3.109:  The Secretariat report states that Turkey 
conducts all plant health activities in line with IPPC standards. The United States requests that Turkey clarify why they are not allowing any mitigation mechanisms for white tip nematode 
(Aphelenchoides besseyi) in unmilled rice; which is considered by Turkey to be a quarantine pest 
despite the fact that this nematode is widespread in Turkey.  
Turkey’s Answer: “A.besseyi” nematode is one of the harm ful organisms included in the Annex-1 
B of the Regulation on Plant Quarantine. Plants, plant products and other substances that are intended to be introduced into the country are not  permitted to enter into the country if they are contaminated by harmful organisms that are subject to quarantine listed in Annex-1 and Annex-2, 
according to the Article 13 of the above mentioned Regulation. 
 While it is true that “A. besseyi” nematode can also be seen in Turkey, it is not widespread and 
can be seen within a very limited area where domestic quarantine measures are also being 
applied.  WT/TPR/M/331/Add.1 
 
- 124 - 
 
  Question 8 
WT/TPR/S/331, Page 79, paragraph 3.111:  Secretariat report mentions the 2010 biosafety 
law. This law includes an onerous liability clause which has hindered developers from submitting applications for products derived from biotechnology. Does Turkey intend to remove or otherwise 
modify this liability clause? 
 Turkey’s Answer:  According to Article 3 of the Biosafety Law, on “Application, Evaluation and 
D e c i s i o n  M a k i n g ” ,  g e n e  o w n e r s  o r  i m p o r t e s  a r e  r e q u i r e d  t o  a p p l y  t o  t h e  M F A L  f o r  t h e  f i r s t  
importation of each GMO and products thereof. The same requirement also applies to domestically developed GMO’s and products thereof, by natural and legal persons.  
There is no onerous liability that hinders the application. 
 Question 9 
WT/TPR/S/331, page 79, paragraph 3.111:  The Secretariat states that the Biosafety Board 
makes decisions on a scientific basis reflected in the scientific risk assessment and socio-economic evaluation. Unlike the European Food Safety Authority, Turkey’s Biosafety Board and its 
committees are not transparent in their decision making, and no scientific justification has been 
provided for approvals or rejections. How does Turk ey intend to increase the transparency of their 
decision-making process to demonstrate that decisions are made on a scientific basis? 
 
Turkey’s Answer: In decision making process, the Biosafety Board which also includes scientists, 
evaluates reports by Scientific Committees and takes public opinion into consideration. Reports 
prepared by Scientific Committees -with the except ion of simplified process- are shared with the 
public for public consultations.  
 
Reports are uploaded and shared publicly throug h the web site of Turkish Biosafety Information 
Exchange Mechanism (www.tbbdm.gov.tr.) 
 Board provides scientific reports for the rejections and approvals made by explanatory scientific based reports.  
While carrying out evaluations, Scientific Committees consider several documents including those 
submitted by importers and number of international institutions such as EFSA, WHO, FAO, FDA as well as the results of scientific researches.  
 
Against this background, Turkey does not consider that the decision making process of the Biosafety Board is non-transparent and non-science based. 
 
Question 10 
WT/TPR/S/331, page 96, paragraphs 3.159 – 3.160:   According to the Secretariat Report, 
since 2004, Turkey has maintained a “national branding programme” called TURQUALITY®, which 
acts as an incubator for selected Turkish brands, under which “the state pays 50% of company 
expenses for TURQUALITY® support services for branding and entering international markets.” 
The Secretariat Report notes that at the end of 2013, the program was supporting 105 brands 
involving 50 companies. 
 
 Could Turkey provide information as to what  manufacturing sectors are being supported 
under this program? 
 
Turkey’s Answer: Every type of manufacturing sector is being supported under this program. 
The eligibility of the program is not limited, by law,  to any enterprise or group of enterprises, or to 
any industry or group of industries.  
 
 Could Turkey explain whether this program has previously been notified pursuant to the 
notification requirements under Article 25 of th e SCM Agreement?  If not, will Turkey submit 
the requisite notification or explain why this program may not be subject to the notification 
requirements? 
 
Turkey’s Answer:  This program is not specific within the meaning of Article 2 of the SCM 
Agreement since the eligibility of the program is not limited to any enterprise or group of 
enterprises, or to any industry or group of industries. WT/TPR/M/331/Add.1 
 
- 125 - 
 
   Given that the program supports a company’s entrance into international markets, could 
Turkey explain whether export performance would be one condition in determining eligibility 
for continuing support?  
 
Turkey’s Answer : The program is not contingent upon export performance in determining 
eligibility for the continuation of support.  
 
Question 11 
WT/TPR/S/331, page 101, paragraph 3.178 : The Secretariat’s report states that, 
“[a]ccording to the 2015 Annual General Investment and Financing Programme, SOEs have to establish an internal control system by the en d of 2016. In addition, SOEs were subject to 
independent external audit starting from 2015 . . . “  Please identify which SOEs have already 
established an internal control system. Also, please identify which SOEs have already been subject to independent external audits and whether the audi t reports are publicly available.  If publicly 
available, please identify where such reports can be found. 
 Turkey’s Answer: All SOEs already have internal control systems. However, with Annual General 
Investment and Financing Programmes, SOEs are expected to improve their internal control 
systems in a professional way in line with good practices by the end of 2016.  Regarding independent external audit, all SOEs ar e subject to independent external audit starting 
from 2015, as a result first audit reports are expect ed to be publicly available on SOEs’ web sites 
by the second quarter of 2016.  
Question 12 
WT/TPR/S/331, page 112, paragraph 3.203 :  Please describe improvements/amendments to 
copyright protection and enforcement, if any, in the National Intellectual and Industrial Property 
Strategy paper for 2015-18. We would be especially interested in learning more about Turkey's 
plans, if any, to enhance cooperation between Internet Service Providers and copyright owners 
and to improve protection against the circumvention of technological protection measures and trafficking in circumvention technologies, so ftware, devices, components, and services.  
 
Turkey’s Answer :  Turkey has set a number of strategies  on IP policy. The National Intellectual 
and Industrial Property Strategy paper is a crucia l development for Turkey and this paper provides 
an overall strategy for the intellectual property related sectors for the term 2015-18. As it can be 
also seen from the Secretariat Report (WT/TPR/S/331) the strategy paper has four main goals and  51 commitments related to strengthening legislation and enforcement, IPR sector, administrative 
capacity and rising of public awareness for the pe riod of 2015-2018. These main four goals are; 1-
) legislation and practice in-line wi th Turkey's need for improving in tellectual property rights with 
effective implementation; 2-) ensuring adequate hum an and institutional capacity for the judicial, 
customs and law enforcement services actively involved in protecting intellectual property rights; 
3-) to improve the effectiveness of the mechanisms for commercialization, market perception, and 
infrastructure in developing intellectual property rights; 4-) increase public awareness about the intellectual property rights system, with the ta rget of becoming an information and knowledge-
based society. Latest amendments/improvements made within the context of this strategy paper 
can be stated as follows:  
 In order for Provincial Inspection Commissions to perform inspections rapidly and effectively 
by penetrating into the roots of piracy, 45 QR  code readers detecting the authenticity of 
intellectual and artistic works through the br and new banderoles and enabling to access to 
the rights management information of these works were distributed to the Provincial 
Inspection Commissions between 2012 and 2015 with a view to consolidate the technical 
infrastructure of combat against piracy.  In the meantime, banderol security was tightened with the renewed “Encrypted Laser Code System” piloted for the first time in 2015 through 
new banderoles and 200 Laser Code Reader Devices were distributed to 81 provinces of 
Turkey to render inspections swifter. 
 Within these four main goals, all documents of registration system records, located at 
Directorate General for Copyright and Istanbul Directorate for Copyright and Cinema 
constitute a significant portion of Turkey’s cultural heritage. Those documents also facilitate the proof of authorships at IPR related lawsuits.  Thus, with a view to protect these works and within the scope of modern arch ive concept, the project on digitization of 
registration records of cinematographic and musical works between the years 1933-2013, WT/TPR/M/331/Add.1 
 
- 126 - 
 
  their banderoles and all other related documents (6.5 million items in total) was 
accomplished in May 2014. With the aforesaid project, it will be possible to provide 
credible and swift information as well as documents provided by the courts. 
 A Ministry of Culture and Tourism (DG for Copyri ght) IPA project entitled “Strengthening the 
Turkish Copyright System with a Focus on Fostering Creative and Copyright Based 
Industries” was accepted by the EU Commission.  
 In an effort to reinforce the administrative capacity of Directorate General for Copyright, a 
cooperation strategy has been commenced with World Intellectual Property Organization 
(WIPO) for the establishment of an IP Academy in Turkey. 
 Collecting societies named MESAM and MSG (opera ting in the field of musical right holders), 
MÜ-YAP (operating in the field of phonogram producers) and MÜYORB İR (operating in the 
field of performers) signed a Protocol on Joint Licensing, on 29 May 2014 in order to 
centralize licensing activities. Consequtively, the mentioned collecting societies signed a protocol with TUROFED (Turkish Hoteliers Federation) on 2 March 2015, which amends the 
protocol dated 2008 to apply a special tariff for the hotels’ uses. 
 Ministry of Culture and Tourism (DG for Copyright) initiated to carry out a research project 
titled “National Study on Assessing the Economic Contribution of Copyright-Based 
Industries to the National Economy of Turkey” in co-operation with the World Intellectual 
Property Organization (WIPO) in order to measure the economic contribution of copyright industries in Turkey. 
Some provisions of the current copyright law are given below;  
Preparation Actions Which Aim at Ci rcumventing Protective Programs  
Art. 72 . (Amendment: 23.01.2008-5728/139) 
“Any person who produces, puts up for sale, sells  or possesses for non- private use programs and 
technical equipment which aim to circumvent additional programs developed to prevent illegal 
reproduction of a computer program shall be sentenced to imprisonment from six months to two years.”  
 
This Article is also going to be amended in compliance with the EU Directive.  Finally; please kindly note that there is an effective punitive measure for Internet Service Providers  and content providers.  
 
“Additional Art 4: In case where rights of authors and rela ted rights holders granted by this Law 
have been violated by providers of service and co ntent through the transmission of signs, sounds, 
and/or images including digital transmission, the works which are subject of the violation shall, 
upon the application of the rightholders, be remo ved from the content. Natural or legal persons 
whose rights have been violated shall to this en d initially contact with the content provider and 
request that the violation be ceased within three days. Should the violation continue, a request 
shall next be made to the public prosecutor re quiring that the service being provided to the 
content provider persisting in the violation be su spended within three days by the relevant service 
provider. The service being provided to the content provider shall be restored, if the violation is 
cease d.” 
 Additional Article 4 of the Law No. 5846, provides a two-stage approach. Initially, the law requires 
the hosting companies, content providers, or servic e providers to take down the infringing material 
from their servers upon ‘notice’ given to them by  the right holders. The providers need to take 
action within three days. If the allegedly infringing content is not taken down or there is no 
response from the providers, the right holders can ask the Public Prosecutor to provide for a 
blocking order, and the blocking order is executed within three days. This legal remedy is therefore predominantly issued with regards to websites related to piracy and copyright infringements. 
The latest development in the digital area; in 2014,  to ensure the implementation of the blocking 
access decisions, “Internet Service Providers' Un ion” was founded with the amendment made in 
Law No. 5651 on Regulating Broadcasting in the Internet and Fighting Against Crimes Committed through Internet Broadcasting.  
The Union is formed by the participation of operators providing internet access services and 
ensures coordination between all of its members. The blocking access decisions given by judicial 
authorities regarding digital copyright infringements are sent to the Union to fulfil swiftly. WT/TPR/M/331/Add.1 
 
- 127 - 
 
  In addition, to develop an applicable system in or der to reduce the digital piracy particularly the 
personal file sharing peer to peer methods without prejudice to sensitive issues of the rights such 
as freedom of communication and privacy of personal data,  Ministry of Culture and Tourism is planning to bring together the representatives of service  providers (ISP’s) operating in the 
country, collecting societies and the right holders,  representatives of  the Union of ISP’s and the 
Ministry in order to discuss all aspects  and solution proposals.  
Question 13 
WT/TPR/S/331, page 112-113, Table 3.43:  The Secretariat Report provides a table of IP 
statistics which includes, inter alia , statistics on the number of patent and trademark applications 
and grants from 2011 through 2014.  If possible, please provide correlating statistics for copyright 
applications. 
 
Turkey’s Answer : A registration system is available in pursuant to Article 13 of Law No. 5846. In 
this context, the total number of applications of copyright on phonograms, films and  computer 
games, which are produced in or imported to  Turkey between the years 2010 and 2015, are as 
follows: 20,192  for phonograms, 7,676 for films and 1,215 computer games. 
Question 14 
WT/TPR/S/331, page 113, paragraph 3.210 : 
 
 We have taken note that Turkey recently amended Article 47 of the Law on the Intellectual 
and Artistic Works (No. 5846) to permit the Government of Turkey to expropriate works 
that are deemed important for the culture after the death of the author but before the 
expiration of the term of protection.  Please discuss how this limitation complies with the TRIPs three-step process. 
 
 We also understand that the Turkish Constitutional Court struck down the amendment to 
Article 47 on May 13, 2015 but delayed the entry into force of its judgment for twelve 
months.  Please confirm our understanding of the status of Article 47, including the 
anticipated date of the repeal of the amendment. 
 
 Lastly, it is our understanding that amended Article 47 is applicable not only to works 
authored by Turkish citizens but also to al l works authored in Turkey. Please describe 
works authored by foreign nationals in Turkey, if any, that were expropriated to date under amended Article 47. 
 
Turkey’s Answer:  Article 47 of the “Law on Intellectual and Artistic Works”  of 5.12.1951, no. 
5846 was amended by Article 87 of the “Law Amending the Labour Act and some Laws and Decree 
Laws and Restructuring Some Public Receivables” . With the amendment, the conditions for 
expropriating the works created in Turkey or by Turkish citizens outside Turkey which are 
considered to have importance for the country’s culture were re-regulated.  
 
case was filed to the Turkish Constitutional Court by 120 deputies of The National Assembly for the 
annulment of the first sentence of the first paragraph of Article 47 of the Law on Intellectual and 
Artistic Works, no.5846 along with some Articles of the Law no.6552.  
 
As a consequence of the adjudication, the Turkish Co nstitutional Court, by its decision E.2014/177,  
Judgement No. 2015/49 and dated 14.5.2015, ruled on the unconstitutionality and annulment of 
the first sentence of the first paragraph of Articl e 47 of the Law on Intellectual and Artistic Works, 
no.5846. The Court also determined the date for entry into force of the annulment provision as 
after a year starting from the publication of the decision on the Official Journal, pursuant to Article 
66(3) of the Law no.6216 (Law on the Establishm ent and Procedure of the Constitutional Court) 
and the third paragraph of Article 153 of Constitution. 
 
The decision was published on the Official Jour nal of 11.6.2015, no. 29383. Thus, the annulment 
provision will enter into force on 11.6.2016. 
 Before the struck/abolishment decision of the Turkish Constitutional Court Article 47 was not 
interpreted  to be applied to foreign works  in any case. For this reason any foreign work has not 
been expropriated up to the present time.   WT/TPR/M/331/Add.1 
 
- 128 - 
 
  Question 15 
WT/TPR/S/331, page 114, paragraph 3.211:  The Secretariat Report notes that copyright law 
in Turkey is currently under review with planned amendments including “strengthening of the mechanism to fight digital piracy and changes to make collecting societies function more 
effectively.” Are there currently any specific amen dments before the legislature? If so, what are 
the proposed amendments?  
Turkey’s Answer:   “The Turkish Copyright Law”, the Law on Intellectual and Artistic Works 
(No. 5846) is undergoing a further review by the Ministry of Culture and Tourism in order to take into account developments at national and international levels and to fully harmonize it with international conventions and the EU acquis.  
Strengthening of the mechanism to fight digital pi racy and changes to make collecting societies 
function more effectively are among the main goal s of this Law amendment. Currently, a review of 
the draft Law is carried out by the  Ministry of Culture and Tourism. Following the completion of 
the draft, it will be presented to the relevant sectors and institutions.    
Following the entry into force of the amended Law, a secondary legislation will strengthen the 
mechanisms to fight against digital piracy and make collecting societies more functional. It is also 
envisaged that legislations aiming to implement feasible licensing mechanisms and regarding 
efficient mediation board will come into force. 
Question 16 
WT/TPR/S/331, page 114, table 3.44: The box for duration of patent protection indicates 
there is a “non-examined patent” with a term of 7 years. Is this considered to be compliant with 
TRIPS Article 33 which obligates WTO Members to ha ve a patent term of 20 years from filing? If 
yes, how? 
 
Turkey’s Answer: Non examined patent may simply be defined as “delayed examination”. The 
applicant may decide to delay the examination for 7 years from the date of application after 
receiving the search report. Also, third parties may request for examination within the 7 years 
mentioned after the publication of the search repo rt. If the examination report is favorable, the 
duration of the patent shall be extended to 20 years.  
However, the relevant provisions concerning non- examined patent have been removed in the new 
draft law.  
Question 17 
WT/TPR/S/331, page 115, table 3.44: Under the heading for “Protection of Undisclosed 
Information,” legislation covering human drug products is mentioned but not agricultural chemical 
products. How does the Government of Turkey pr ovide the protection required by TRIPs Article 
39.3 for agricultural chemical products?  Turkey’s Answer: Documents given by licence holders regarding plant protection products are 
not made publicly available if the documents are cl assified as confidential by the licence holders. 
These records are kept as “confidential” by the Ministry of Food, Agriculture and Livestock (MFAL).  
This confidentiality is not valid for the following; 
 Physico-chemical data regarding active agents or plant-protection products, 
 Every kind of method that renders the active agent or the plant protection product 
harmless, 
 Results of the tests conducted to determine th at efficiency of the active agent or plant 
protection product and these agents or products that are not harmful to animals, plants or the environment, 
 Methods and measures recommended for the reduction of risks related to usage, storage, 
transport and fire etc., 
 Methods of analysis, 
 Methods regarding the destruction of plant protection products or their packages, 
 Procedures to be followed for cleaning in  case of accidental spillage or leakage. 
 
Applicants are required to notify the Ministry  when they disclose previously confidential 
information. The protection period in the EU is te n years, while the protection period in Turkey is 
seven years for agricultural chemical products. WT/TPR/M/331/Add.1 
 
- 129 - 
 
  Question 18 
WT/TPR/S/331, page 116, paragraph 3.214:  This paragraph discusses the various grounds 
for a compulsory license (CL). Does the mentioned Decree-Law establish a system by which all of the TRIPS Article 31(a)-(l) requirements are respected for every type of CL? 
 
Turkey’s Answer: Provisions regarding Compulsory License is regulated under Part Seven 
between articles 99 to 120. 
 
According to article 99 of Decree-Law No:551, compulsory license is (to be) granted where no offer for licensing offer has been made and wher e any one of the following situations/conditions 
materializes: 
 
1. Failure to put to use/work the patented invention in accordance with Article 96; 2. Dependency of subject matter of patents as mentioned in Article 79. 
3. On grounds of public interest as mentioned in Article 103. 
 Article 102, 108, 110, 114, 117 and 118 of the Decr ee Law contains the correspondent provisions 
of the TRIPS Article 31(a)-(l). Therefore, Decree- Law No:551 establishes a system by which all of 
the TRIPS Article 31(a)-(l) requirements are respected for every type of CL.  
 Question 19 
WT/TPR/S/331, page 117, paragraph 3.220:  The Secretariat report states that Turkey is in 
the process of ratifying the WIPO Marrakesh Treaty. What is the anticipated timeframe for ratification? 
 
Turkey’s Answer: WIPO Marrakesh Treaty to Facilitate Access to Published Works for Persons 
Who Are Blind, Visually Impaired or Otherwise Pr int Disabled was signed on November 1st, 2013 
by Turkey. The ratification process is currently ongoing. 
 The ratification process includes various stages respectively. Ministry of Foreign Affairs prepares the Draft Approval Law for the International Treaty and transmits to the Council of Ministers, then 
the related sub commission of Turkish Grand Nati onal Assembly examines the draft law and the 
treaty. Then the General Assembly negotiates the tr eaty and either accepts or rejects the treaty as 
a whole. Following the publication of this approval Law in the Official Gazette, Ministry of Foreign 
Affairs prepares the  Council of Ministers Decree on  the approval of  treaty based on the Approval 
Law. Finally the international treaty enters into force following  the Council of Ministers Decree and the treaty as its attachment  is published in the Official Gazette.  
 
In this context the timeframe for the adoption of the treaty could not be envisaged due to other institutions involvements in the ratification process.  
Question 20 
WT/TPR/S/331, page 118, paragraph 3.225:  What mechanisms does the GOT plan to use to 
reduce the use of unlicensed software in its own offices?  How does the GOT plan to address the current weak enforcement of its IP laws ( e.g., strengthening the role of the judiciary)?  How does 
the GOT protect pharmaceutical product test and other data from unfair commercial use and 
unauthorized disclosure?  
Turkey’s Answer:  Turkey approved and adopted the “ The Prime Minister's Circular No:2008/17 ”, 
regarding “ Use of Licensed Software in Public Institutions ”. (Official Gazette Date:16 July 2008) 
Circular regulates the principles and procedures of software purchasing, management and control in public sector. In the circular, it is stated that computer programmes commonly used in the 
performance of public services are protected as scientific and literary works under the “Law on 
Intellectual and Artistic Works”, no. 5846 and th at the use of unlicensed copies of computer 
programmes as is the case in other types of wo rks in parallel with copyright system of many 
countries, reproduction, modification and distributi on of them without the permission of the right 
holder are foreseen to be legally and criminally sanctioned by the Law on Intellectual and Artistic Works no.5846. Therefore, acquisition, usage, management of computer programmes in public 
institutions and organisations, budgeting, specification and delivery procedures for the 
identification of the principles for the measures to be taken were described in the relevant circular. 
 WT/TPR/M/331/Add.1 
 
- 130 - 
 
  As computer programmes are protected as work, in case of violation of the rights of the author of a 
computer programme having the characteristics of work, the civil and criminal actions in the 
following articles of the Law no.5846 may be filed:  
 
Law Nᴼ 5846 on Intellectual and Artistic Works:  
A. Civil Actions 
I. Action for Cessation of Infringement 
(1) General  
 
Art. 66.  Any person whose moral and economic rights have been infringed may bring an action 
against the infringer to cease the infringement. 
 
If the infringement has been committed by agents or employees of an enterprise in the execution 
of their duties, legal action may also be brought against the owner of such enterprise. 
 
It is not required that the infringer or the person s referred to in the second  paragraph be at fault. 
 
The court shall order appropriate measures as required by the force of circumstances for the 
cessation of the infringement, by assessing the moral and economic rights of the author, the 
extent of the infringement, whether there is fault and if there is, degree of fault, and the damages 
likely to be suffered by the infringer in case of the cessation of infringement.  
 
Addition: 7.6.1995-4110/19) The author may bring an action for cessation and prevention of 
infringement in place of his residence as well.  
 
(2) In Case of Infringement of Moral Rights  
 
Art. 67 . Where a work which has not yet been made public is divulged to the public without the 
consent of the author or against his wishes, action for cessation of infringement may only be 
brought, if the reproduced copies have been divulged to the public by way of publication. This 
provision shall also apply in cases where the author's name is shown on the work against his 
wishes. 
 
If the author's name has not been shown on the work or has been shown in a false or misleading 
way, and if the author has claimed the cessation of infringement in addition to the action for 
declaratory relief referred to in Art. 15, the infringer shall be required to show the author’s name 
on the original work and on the reproduced copies already in circulation.  The publication of the 
judgment in not more than three newspapers may be requested at the expense of the infringer. 
 
The provisions of the second paragraph shall apply in the cases set out in Articles 32, 33, 34, 35, 
36, 39 and 40 if the source has been wrongly or incompletely designated or no source is given. 
If the work has been unlawfully modified, the rightholder may claim the following: 
 
1. The author may claim that reproduction, public ation, performance and broadcasting by radio of 
the modified work be prohibited and that the mo difications in the reproduced copies already in 
circulation be corrected by the infringer or restored to their original form. If the modification is 
made by publication in a newspaper or journal or  by radio broadcasting, the author may claim the 
administrations of such newspapers, journals or broadcasting organizations that have published 
the modified work to correct the modification at the expense of the infringer. 
 
2. (Amendment: 7.6.1995- 4110/ 20) In the case of works of fine art the author may claim an 
announcement be made declaring that the modificati on in the original work has not been made by 
him, or may claim that his name be removed or chan ged on the original. If it is possible to restore 
the work to its original form and if removal of the modification does not significantly prejudice the 
interests of the owner or of the public, the author may restore the work to its original form.  
 
(3) In Case of Infringement of Economic Rights  
 
Art. 68 . (Amendment: 21.2.2001-4630/25) If a work has been translated without permission of 
the author, has been published outside the scope  of the contract or in excess of the number 
stipulated in the contract, or has been adapted in an other way or broadcast by means like radio 
or television or performed, the author whose permission was not obtained, may claim the WT/TPR/M/331/Add.1 
 
- 131 - 
 
  payment of compensation of up to three times of  the amount that would have been determined, 
had the right been granted by contract or of th e damages suffered on the base of imputed or 
current value. In determination of this amount the opinions of the related collecting societies shall 
be given prior consideration. 
 
If a work is being exploited by reproduction wi thout permission and the reproduced copies have 
not been put up for sale, the author may claim that the reproduced copies and films, moulds and 
similar devices serving the reproduction be destroyed or be surrendered to him in return for 
equitable remuneration not exceeding their cost price or may claim the payment of three times 
the amount he would have demanded if a contract had been concluded. These claims shall not 
remove the legal liability of the person who has undertaken the reproduction without permission.  
 
If copies of a work reproduced without permission have been put up for sale or if the sale 
constitutes an unlawful infringement, the author may as regards copies in the possession of the 
infringer, choose one of the alternatives mentioned in the second paragraph. 
 
The person who claims remuneration may assert all rights and authorities he would have enjoyed 
had he concluded a contract.  
 
II. Action for Prevention of Infringement  
 
Art. 69 . An author whose moral or economic rights are in threat of being infringed may bring an 
action to prevent the probable infringement. Th e same provision shall apply in cases where the 
infringement is likely to continue or recur. 
The provisions of the second, third and fourth pa ragraphs of Article 66 shall also apply in such 
case.  
 
III. Action for Damages  
 
Art. 70 . (Amendment: 07.06.1995-4110/ 22) Any person whose moral rights have been infringed 
may bring an action for moral damages for the moral injury he has suffered. In place of or in 
addition to such pecuniary compensation the court may order another sort of compensation for 
moral damages. 
 
Any person whose economic rights have been infringed may claim compensation under the 
provisions governing torts, if the infringer is at fault. 
In the cases set out in the first and second paragraphs, the infringed person may, apart from the 
damages, also claim the profits gained by the in fringing party. In such case, any sum demanded 
in accordance with Article 68 shall be deducted from this amount.  
B. Criminal Actions 
I- Offenses 
(1) Infringement of Moral Rights  
 
Art. 71 . (Amendment: 1.11.1983- 2939/11) 
Any person, who in contravention of the provisions of this law, intentionally; 
 
1. publishes a work or divulges it to the public , irrespective of whether it has been made 
public, without the written consent of the author or his successor; 
 
2. gives a title to a work or to the reproduced  copies of the work without the written consent 
of the author or his successor; 
 
3. gives the appearance that the work of another person is his own or his own work is that of 
another person or who acts contrary to the provision of second paragraph of Article 15, 
 
4. fails to cite the source in the cases covere d by Articles 32, 33, 34, 35, 36, 37, 39 and 40, 
or cites the source in a false, incomplete or misleading way, 
 
5. (Addition: 21.2.2001- 4630/ 26) modifies a work  without written permission of the author, 
 
(Amendment: 3.3.2004- 5101/ 17) shall be senten ced to imprisonment from two years to 
four years, or judicial fine between fifty billion TL. and one hundred and fifty billion TL, or WT/TPR/M/331/Add.1 
 
- 132 - 
 
  both considering the severity of the damages.  
 
(2) Infringement of Economic Rights  
Art. 72 . (Amendment: 03.03.2004-5101/18)  Any person, who in contravention of this Law, 
intentionally; 
1. sells or distributes the copies of a work or adaptations of such work that have 
been reproduced by him in contrary to the provisions of an existing contract with 
the right holder shall be sentenced to imprisonment from three months to two years or a judicial fine between ten billion TL. and fifty billion TL. or both 
considering the severity of the damages; 
 
2. sells a work and its reproduced copies in places indicated in the seventh 
paragraph of Article 81 of this Law without permission of the right holder shall be 
sentenced to imprisonment from three months to two years or a judicial fine 
between five billion TL. and fifty billion TL. or both considering the severity of the damages; 
 
3. without permission of the right holder, 
a) adapts a work in any manner, 
b) reproduces a work in any manner, 
c) distributes a work in any manner, 
d) lets the copies of a work enter into the country through legal or illegal ways and 
puts them into commercial use in any manner, 
e) displays or performs a work in places open to the public, organizes such display 
or disseminates it by devices serving the transmission of all kinds of signs, sounds, and/or images including digital transmission or acts as intermediary for 
such dissemination, 
shall be sentenced to imprisonment from two years to four years or judicial fine between fifty 
billion TL. and one hundred and fifty billion TL. or both considering the severity of the damages.
 
(3) Other Offenses  
Art. 73 .( Amendment: 3.3.2004-5101/19)  The following provisions shall apply to the offenses 
other than those set out in Articles 71, 72, 80 and 81 of this Law. 
 Any person, who intentionally; 
k) possesses for commercial purposes copies of a work, in the knowledge or with 
r e a s o n a b l e  g r o u n d s  t o  k n o w  t h a t  t h e y  h a v e  b e e n  r e p r o d u c e d  i n  c o n t r a r y  t o  t h e  provisions of this Law, 
l) transfers or grants an economic right or a license or creates a pledge on, or disposes in 
any way of such right or license, in the knowledge or with reasonable grounds to know that such right or license does not exist or that he is not entitled to dispose of such 
right or license, 
m) possesses for commercial purposes or distributes a technical instrument whose sole 
purpose is to facilitate the neutralization or unpermitted removal of any technical device used to protect a computer program, 
 
shall be sentenced to imprisonment from two years to four years or a judicial fine between fifty billion TL. and one hundred and fifty billion TL. or both considering the severity of the damages. 
 
2- Any person, who intentionally reproduces the copies of works, productions and phonograms, that have been reproduced and distributed in accordance with the provisions of this Law, by way of 
identical printing and production along with th e distinctive title, trademark and identifying 
information of the right holders of reproduction and distribution, by means of signs, writing, 
sound, devices or methods serving repetition of the data or images which are moving or motionless or distributes the copies reproduced by such way shall be sentenced to imprisonment 
from three years to six years or judicial fine be tween twenty billion TL. and two hundred billion TL. 
or both considering the severity of the damages. WT/TPR/M/331/Add.1 
 
- 133 - 
 
  Additionally, within the “National Employment Strategy Action Plan of 2014-2016, a commitment 
related to software industry and fighting informal economy with effective protection of copyright was envisaged. According to the strategy; public awareness activities will be organised regarding 
legal protection of software. 
 
Besides, protection of confidential data expresse d in article 83/3 of the Turkish Patent Law is 
issued with Article 28 of “ Implementing Regulation on the Registration of Medicinal Products for 
Human Use .” Confidentiality Article 28 “ The information presented to the Ministry by the applicant 
for obtaining the registration of a product, sha ll be confidential. This confidentiality shall be 
protected by the Ministry.” Turkey decided to implement data pr otection from the beginning of the 
application to the end of whole life cycle of a dossier.  
 
Question 21 WT/TPR/S/331, page 118, paragraph 3.227: Would it be possible for the Government of 
Turkey to provide any statistics showing the actual number of detentions and seizures of infringing 
imported goods?  The report notes an increase in applications as well as a breakdown on categories of detained articles but, no information is provided on what action, if any, followed 
these detentions or how the applications concluded. 
 Turkey’s Answer: Number of IPR infringement cases in 2014 was 196. Total number of cases 
rose to 312 in 2015, with an increase of almost 60% compared to 2014. Cases did not only include 
importation but also other customs approved treatment or use. 
 According to Article 57 of the Customs Code, goods which have been suspended or  detained by 
the customs offices, shall be destroyed or dispos ed of, through the alteration of their essential 
characters in accordance with the decision of the duly empowered court.  
On the other hand, our statistics of seizures are based on smuggled goods and are not detailed as 
detentions and seizures of infringing goods, per se. In case, a suspicion arises about confiscated 
goods, officers in charge inform the related de partment and convey the issue for the follow up. 
 
Question 22 
WT/TPR/S/331, page 119, paragraph 3.229: The report notes that the average length of 
conclusion of cases in the specialized civil IP courts was reduced. We welcome that news. Would it 
be possible for the Government of Turkey to prov ide any statistics showing the actual number of 
cases filed and concluded? Additionally, does the Government of Turkey have any statistics, or 
other information, showing how the cases were resolved and the average award for damages? 
 
Turkey’s Answer:  Statistics relating to the number of cases opened at Civil Courts of Intellectual 
and Industrial Rights and concluded by these courts between 2004-2014 are given below. Statistics for 2015 is not yet published. 
 
Additionally, although statistics and information were requested regarding the average amount of 
compensation, statistics on average compensation am ount ruled by Civil Courts of Intellectual and 
Industrial Courts are not kept in Turkish system. Moreover, since the ruled amount of 
compensation changes based on the nature of the case, it is not possible to provide such kind of  statistics as well. 
 WT/TPR/M/331/Add.1 
 
- 134 - 
 
  Case Numbers of Civil Courts of IPR (2004-2014)   
  INCOME OUTCOME   YEARS 
Transfered Cases From 
Previous Year  
Received Cases in  The 
Current Year  
Due to Reversal  
TOTAL 
Dismissal of Case  
Acceptance of Case  
Other  
TOTAL 
Transfer Cases to Next Year  
Ratio of  Finalized  Cases to 
Received Cases (%) 
Average of Judgement 
Process (Dates)  
2004  4 190  4 190 554 585 322 1 461 2 729 34,9 174 
2005 2 729 2 117 122 4 968 497 523 388 1 408 3 560 28,3 621 
2006 3 560 4 193 162 7 915 2 848 691 354 3 893 4 022 49,2 331 
2007 4 022 2 596 165 6 783 761 982 486 2 229 4 554 32,9 619 
2008 4 554 2 787 167 7 508 896 1 122 557 2 575 4 933 34,3 618 
2009 4 933 2 586 204 7 723 1 047 1 377 558 2 982 4 741 38,6 603 
2010 4 741 2 579 234 7 554 1 090 1 493 620 3 203 4 351 42,4 544 
2011 4 350 3 094 209 7 653 1 083 1 430 835 3 348 4 305 43,7 468 
2012 4 304 2 544 320 7 168 965 1 421 611 2 997 4 171 41,8 521 
2013 4 171 2 976 443 7 590 1 052 1 621 871 3 544 4 046 46,7 425 
2014 4 045 3 979 509 8 533    3 850 4 683 45,1 377 
 
The Filed and Resulted Case Numbers in the Civil Courts of IPR (2014) 
   DECISION TYPE   
 
DISMISSIAL OF THE CASE ACCEPTANCE OF THE 
CASE   CITIES 
Number of Filed Case 
Statute of Limitations and 
Lapse of time 
Non-Competence 
Non-Jurisdiction 
Not be Proved 
Waiver 
Lack of the Requirement of 
case 
Total 
Full Acceptance 
Partial Acceptance or 
Dismissal 
Total 
Conciliation 
Other 
Transfer to Another Courts 
The Number of Finalized 
Cases  
Ankara 24
39 4 14  14 61
3 61 26 73
2 401 336 737 7 173   1649  
İstanb
ul 25
61 2 47 69 42
5 182 47 77
2 596 851 144
7 84 357 26 2686  
İzmir 23
7 2 5 2 44  10  63 36 77 113 4 14  194 
Total 52
37 8 66 85 10
82 253 73 15
67 1033  1264  229
7 95 544 26 4529  
 
Question 23 WT/TPR/S/331, page 119, paragraph 3.231: The report notes that “IP crimes and penalties 
are pursuant to the various IP laws, and are both civil and criminal in nature.  Criminal penalties 
apply to copyright and trademark infringements and range from fines to imprisonment of up to seven years (Table A3.6).”  Would it be possible for the Government of Turkey to provide any 
statistics showing the actual number of criminal cases investigated, prosecuted and concluded? WT/TPR/M/331/Add.1 
 
- 135 - 
 
  Turkey’s Answer: The table indicating the statistics relating to the number of cases opened to 
Civil Courts of Intellectual and Industrial Ri ghts and concluded by these courts in 2014 and 
investigation statistics for 2012-2014 is presented below. Statistics for 2015 have not yet been published. 
Distribution of Decisions' Type of Criminal  Courts of First Inst ance on IPR (2014)  Legislation  TYPE OF DEC İSİON Number of  Law  
Sentence  
% 
Acquittance  
% 
Non-competence, Non-jurisdiction, 
Consolidation  
% 
Deferment of The Announcement of 
The Verdict 
% 
No Ground to adjudicate  
% 
Other Decisions  
% 
Total 
% 
Law on 
Intellectual 
and Artistic Works 58
46 37
70 69%  18
34 63,61
% 83
6 60,45
% 27
12 42,22
% 30
 76,92
% 2726 72%  11908  59,60%  
Decree Law 
Concerning 
The 
Protection 
of 
Trademarks 55
6 16
94 31%  10
49 36,39
% 54
7 39,55
% 37
12 57,78
% 9 23,08
% 1060 28%  8071 40,40%  
Total    54
64 100
%  28
83 100%  13
83 100%  64
24 100%  3
9 100%  3786 100
%  1997
9 100%  
 
Crime Numbers in Finalized Cases on IPR (2014) 
Legislation  Crime Numbers at Finalized Cases in 2014 according to Years of Filing  
Legis-
lation  2010 
and 
before  % 2011  % 2012  % 2013  % 2014 % Total  % 
Law on Intellectual 
and Artistic Works 5846  175 81,
02
% 228 64
,2
3
% 925 6
2,
8
0
% 4762  6
3,
7
5
% 4242 53,72
% 10332  59,35
% 
Decree Law 
Concerning The Protection of Trademarks 556
 41 18,
98% 127
 35
,7
7
% 548 3
7,
20
% 2708
 3
6,
25
% 3654 46,28
% 7078
 40,65
% 
Total Amount    216 10
0% 355 10
0
%  1473  1
0
0
%  7470  1
0
0
%7896 100
%  17410  100%  WT/TPR/M/331/Add.1 
 
- 136 - 
 
    
                
Crime Distribution of Cases on IPR According to Age and Gender (2014)  
  
 
NUMBER OF SUSPECTS   
NATURAL PERSON   
 
 
 
 
 
 
 
 
 
 
 
Legal 
Person  
 
 
 
 
 
 
 
 
 
 
Total   
TURKİSH CİTİZEN   
 
Aged 
12-15 
  
Aged 
15-18 
  
Aged 18 
and Older 
  
 
Undefi
ned  
(*) Foreign 
National   
 
Legislation  La
w 
No  Number 
of 
Crimes 
in Cases  % M F M F M F M F  
Law on 
Intellectual and Artistic Works 58
46 8715 55,14
% 77 
  11
5   7525 645
 2 11 3 337 8715   
Decree Law 
Concerning 
The 
Protection 
of 
Trademark
s 55
6 7090 44,86
% 1   8 1 630
5 642 2 35 4 92 7090   
Total   15805  100,0
0% 78   12
3 1 138
30 128
7 4 46 7 429 15805   
                 
Note: The crime numbers in cases contain 
offenses in the brought cases and due to reversal in the current year .     (*) Undefined suspects consist of people who cannot be classified in the UYAP system due to the lack of age and gender data.   
 
Numbers of Investigation on Infringement of IPR  
TYPE  OF 
THE  
IMPUTED  
CRİME 
 LAW  
NO YEAR NON-
PROSECUTION % PUBLIC  
LAWSUIT  % OTHER  
DECISIONS % TOTAL % 
Law on 
Intellectual and Artistic Works  584
6 2012 6814 34,
8 8323 42,
5 4461 22,8 19598 4,9  
2013 8983 37,
8 9975 42,
0 4809 20,2 23767 6,2 
2014 7128 41,
1 7481 43,
1 2730 15,7 17339 4,1  
Decree 
Law 
Concerning 
The 
Protection 
of 
Trademark
s 556 2012 3468 30,
6 5491 48,
4 2386 21,0 11345 2,9 
2013 3461 31,
7 5750 52,
6 1712 15,7 10923 2,9  
2014 4840 36,
6 6741 51,
0 1634 12,4 13215 3,2 WT/TPR/M/331/Add.1 
 
- 137 - 
 
  Question 24 
WT/TPR/S/331, page 119, paragraph 3.232: The Secretariat Report notes that the Turkish 
National Police has increased copyright infringement enforcement. When were the discussed changes made?  If possible, please provide statis tics on copyright enforcement including criminal 
and civil cases brought since the changes in enforcement began. 
 Turkey’s Answer: Due to the changing structure of methods of IPR crimes, the Turkish National 
Police has been improving capacity to fight against crimes. 
 
Turkish National Police adopted "Zero Tolerance to Imitated and Counterfeit Products” and its fight 
against piracy and counterfeiting will continue with  the same determination. Statistics on copyright 
enforcement including criminal and civil cases brought have already been shared in our Special 
301 Review Submission in February 2016. 
 
 
Numbers of Offences and Offenders on IPR Cases Between 2012-2014 
TYPE  OF THE 
IMPUTED 
CRIME LAW 
NO YEARS NUMBER  OF 
CRIMES  ON THE 
OPENED  CASES  
 NUMBER  OF THE 
ACCUSED  
Law on 
Intellectual and Artistic Works  5846 2012 9886 9886 
2013 10924 10924 
2014 8 715 8 715 
Decree Law 
Concerning The 
Protection of 
Trademarks  556 2012 5866 5866 
2013 5899 5899 
2014 7090 7090 
 
Question 25 
WT/TPR/S/331, page 126, paragraph 4.16: The Secretariat reports states that Turkey has 
not notified its domestic support programs to the WTO during the review period. In fact, the 
United States notes that Turkey’s last notification covered only up through the year 2001. The 
Secretariat’s report also notes that due to this lack of notification, the Secretariat had to rely on other sources of information to compile its report, such as the OECD.  Based on OECD figures for 
Turkey’s domestic support, Turkey’s support increa sed during the review period. OECD figures also 
indicate a majority of Turkey’s producer suppor t estimate (PSE) is support based on outputs, 
which is much higher than the average level amon g OECD countries as noted in Paragraph 4.18 on 
page 128. What was the basis for the increased level of support during the review period? Please 
describe when Turkey plans to bring its domestic support notifications up to date. 
 THE STATISTICS ON INTELLECTUAL PROPERTY RIGHTS INFRINGEMENTS 
(COPYRIGHT) 
YEARS 2012  2013  2014  2015  
Number of operations 3.294 4.045 2.244 1.914 
Number of suspects 3.673 4.358 2.456 2.060 
TOTAL MATERIALS 8.172.426 5.928.335  5.328.838 5.760.528  WT/TPR/M/331/Add.1 
 
- 138 - 
 
  Turkey’s Answer: T u r k e y ’ s  P r o d u c e r  S u p p o r t  E s t i m a t e  ( P S E )  i s  c a l c u l a t e d  b y  t h e  O E C D .   I t  
should however be noted that as an indicator of the annual monetary value of gross  transfers from consumers and taxpayers to support agricultur al producers, PSE modelling is different from 
that of the WTO AoA  and provides an indication rather than an actual use of any support.  
 
Turkey has started a work program to notify its agricultural sector support programs gradually. In due course, we are looking for understanding of all members to complete this work as soon as 
possible. 
 Question 26 WT/TPR/S/331, page 126, table 4.7: The Secretariat report indicates the Agricultural basin 
model provides marginal payments for 17 products in 30 basins in Turkey. Please describe what 
products are covered and how payments to producers are determined. What was the level of support for this program in 2014? 
 
Turkey’s Answer : Turkey provides domestic support for the following agricultural products: 
 
Seed cotton, sunflower oil, soybeans, canola, safflower, corn grain, olive oil, wheat, barley, rye, 
oats, triticale, beans, chickpeas, lentils, rice and tea.  As noted in response to the previous question, Turkey has started a work program to notify its 
agricultural sector support programs, on a gradual basis.  
 In due course, we are looking for understandi ng of all members to complete this work. 
 
Question 27 WT/TPR/S/331, page 126, table 4.7:  The Secretariat Report indicates it is not yet possible to 
collect data on payments for the certified seed and seedling program.  When will this information 
be available?  Turkey’s Answer: Not yet available. The data is being collected.  
 
Question 28 WT/TPR/S/331, page 126, table 4.7:  The Secretariat report indicates Turkey provided TL 
101.8 million for soil analysis and fertilizer and payments are made to farms with 5 hectares or 
more.  Please clarify how payments are determin ed.  Please provide the payment rate on a per 
unit (e.g., hectare) basis. 
 
Turkey’s Answer: Conduct of a soil analysis in a laboratory authorized by the MFAL is a 
prerequisite to receive the fertilizer support for parcels of 5 ha and above.  
The payment is made on an area basis.  
 In 2014, 101.8 million Turkish Liras (TL) in total was paid for soil analysis. In 2015, total payment 
was 94 million TL. 
 Question 29 
WT/TPR/S/331, page 128, paragraph 4.18: The Secretariat report indicates Turkey 
eliminated its decoupled payments in 2009 while simultaneously increasing output-based payments. What was the basis for Turkey eliminating the decoupled payment program?  
Turkey’s Answer: Direct income support (DGD) in Turkey was started with ARIP, a World Bank 
Project. However, because of certain challenges  metin the implementation phase, Turkey ended 
the programme in 2009. 
 
Although, not being used at present, DGD can still be a tool for agricultural supports,  according to the Agriculture Law no 5488. 
 
Question 30 WT/TPR/S/331, page 128, Table 4.8: The Secretariat Report indicates that Turkey provided 
market price support for at least 15 products be tween 2011 and 2014. Please provide the applied 
administered price for each product for the time pe riod covered in this table. If Turkey does not WT/TPR/M/331/Add.1 
 
- 139 - 
 
  announce an applied administered price for any of these programs, please indicate how Turkey 
implements the market price support measure indicated.  Turkey’s Answer: From 2011-2104, Turkey did not prov ide administered price but premium 
supports, for agricultural products. 
 For further details of domestic support instrume nts, please see page 127, chart 4.7 on the 
Secretariat Report.  
 Question 31 WT/TPR/S/331, page 128, Table 4.8: The Secretariat report indicates that Turkey provides a 
number of deficiency payments. Please deta il how premium payments are implemented and 
indicate any payment rates. What inputs are covered by “input subsidies” and how is the program operated differently than other input subsidy programs listed, such as the hybrid seed subsidy, 
pesticide subsidy, and electricity subsidy? 
 Turkey’s Answer: Diesel and fertilizer supports are provided as input subsidies, on an area basis. 
 
Question 32 WT/TPR/S/331, page 129,  paragraph 4.19-4.20: The Secretariat Report states a new 
Strategic Plan was implemented for 2013-17. The repo rt also notes that Turkey’s PSE is increasing 
and higher in both 2013 and 2014 than in previo us years. Does Turkey expect this trend to 
continue throughout the implementation period of the Strategic Plan?  
Turkey’s Answer: In table 4.8 most of Turkey’s agricult ural support is seen as Market Price 
Support (Approximately 25,6 Million TL – Almost 76% of PSE for the year 2014). Market Price Support in OECD terms is calculated by using “the gap between domestic market prices and border 
prices of a specific agricultural commodity, measured at the farm gate level”. This gap may derive 
from some government policies that are not considered as domestic support according to the Agreement on Agriculture (Ex: border protection measures). In other cases, some measures can be seen as blue box in AoA and it might still be calculated as Market Price Support by OECD. (Ex: 
Potato alternative product payment. Payments based on area to encourage cultivation of 
alternative products at the areas where potato wart disease is seen). Thus an increase in MPS by OECD calculation does not mean an increase in trade distorting support according to AoA. 
 
Question 33 WT/TPR/S/331, page 131, paragraph 4.24: The Secretariat notes that Turkey's WTO 
Schedule contains 44 commitments limiting subsidization of exports and Turkey has not notified 
the export subsidies to the WTO Committee on Agriculture during the review period and has not notified for a number of years. In light of recent Nairobi decisions on export subsidies and renewed commitments on these issues, as well as greate r transparency, can Turkey please clarify when 
they plan update their export subsidy notification? 
 Turkey’s Answer: Turkey will comply with its notification  requirements by the next meeting of 
the Committee on Agriculture, which will be held on 7-8 June, 2016. 
 Question 34 
WT/TPR/S/331, page 131, paragraph 4.24: The Secretariat Report states that Turkish 
officials have not notified the Committee on Agriculture because the content for that notification is different from the Committee on Subsidies and Countervailing Measures. Please provide total annual outlays for export subsidies provided for ea ch product listed in Table 4.10. Please explain 
how the share of exports eligible for subsidies is determined. 
 Turkey’s Answer: Turkey will comply with its notification  requirements by the next meeting of 
the Committee on Agriculture, which will be held on 7-8 June, 2016. Export subsidies are provided 
in line with Turkey’s WTO commitments and within the budgetary constraints.  
Question 35 
WT/TPR/S/331, page 131, paragraph 4.24: In light of the outcomes in Nairobi and the 
commitment by all Members to eliminate export  subsidies and the extensive use of export 
subsidies still in Turkey based on notifications to the Committee on Subsidies and Countervailing 
Measures, what steps is Turkey taking to end its export subsidy programs? WT/TPR/M/331/Add.1 
 
- 140 - 
 
  Turkey’s Answer: Turkey believes that the Ministerial Decision on Export Competition 
(WT/MIN(15)/45) adopted at the Tenth Ministerial Conference of the WTO in Nairobi, constitutes a significant step towards reforming world agricultural trade.   
Paragraph 7 of the Nairobi Decision states that Developing Country Members shall eliminate their 
remaining export subsidy entitlements by the end of  2018. Qualifying this obligation, footnote 5 to 
Paragraph 7 further states that  “…a developing country Member  shall eliminate its export subsidy 
entitlements  by the end of 2022 for products or grou ps of products for which it has notified export 
subsidies in one of its three latest export su bsidy notifications examined by the Committee on 
Agriculture before the date of adoption of this Decision.”  
In compliance with the foregoing, Turkey is read y to eliminate its export subsidy entitlements 
within the time frame as set out in the Nairobi Ministerial Decision on Export Competition.  
It should further be noted that Turkey deems it appropriate to have a common understanding on 
the legal status of the commitments made in deci sions taken by the Ministerial Conferences. While 
already a good level of compliance with Ministerial Decisions is being witnessed, there is a need to 
have a common practice and interpretation in terms of how to transfer commitments made 
through Ministerial Decisions to members’ legally binding commitments under the respective WTO Agreements.  
Question 36 
WT/TPR/S/331, page 135, table 4.14: The Secretariat report indicates a number of support 
programs for livestock and that these subsidies are significant and increasing, both in total and in 
comparison to other agricultural support. Please provide the total outlays for each program 
identified in table 4.14 for the period covered by this Report.  
Turkey’s Answer: The data collection has not been completed yet. 
 Question 37 WT/TPR/S/331, page 136, paragraph 4.37:  The Secretariat report describes the Turkish 
Grain Board as a limited-liability and autonomous  state economic enterprise. Can Turkey please 
clarify if any Members of the Turkish Grain Boar d (TMO) Board of Directors are appointed by or 
employed by the Government of Turkey? What, if  any, special rights or privileges does TMO 
maintain pursuant to government regulations, laws or other legal measures? 
 Turkey’s Answer: Turkish Grain Board (TMO) is a fully autonomous entity and operates on the 
grounds of profitability. The same applies to the re sponsibility of TMO’s board of Directors in its 
management activities.   In carrying out its activities, TMO does not enjoy any special privileges and/or exclusive rights.  
 
Question 38 WT/TPR/S/331, page 136, paragraph 4.39: Turkish Grain Board: The Secretariat notes that 
TMO intervenes in the market to stabilize prices. Can Turkey clarify if TMO sell domestic wheat to 
Turkey flour millers that export flour and hold inward processing certificates, and if so, what prices was wheat purchased and sold at during the reference period of the TPR?  Can Turkey provide data 
and other information for the last three years listing the quality of wheat imported and the quality 
of wheat flour exported under Turkey's inward processing system?  Turkey’s Answer: TMO sells domestic wheat to Turkish flour millers that hold inward processing 
certificate. Statistics are collected and compiled on the basis of HS codes. No particular statistical 
data is available for the quality.  WT/TPR/M/331/Add.1 
 
- 141 - 
 
  INDONESIA 
SECRETARIAT REPORT 
 SUMMARY 
Page 10 Para 4 
 “Turkey's trade policy in terms of preferential trade continues to be influenced by the EU and the 
provisions of its customs union with the EU, as Turkey negotiates and concludes FTAs in parallel 
with the EU. It is noted that many of Turkey's FTA partners are relatively small trade partners of Turkey. New FTAs concluded and entered into force during the review period were with Chile, 
Jordan, the Republic of Korea, Malaysia, and Mauritius. To date, Turkey's FTAs notified to the WTO 
only cover trade in goods, and not services or investment. However, the FTA with the Republic of Korea is broader in scope, as it includes commitments on investment and services, and Turkey has started to include deeper commitments and disci plines on TBT, SPS, intellectual property, 
competition, dispute settlement, and trade remedies  as part of its FTA negotiations. Turkey has 
aligned its unilateral preference regime with that of the EU as well, and with few exceptions, offers 
GSP, GSP+, and Everything-But -Arms (EBA) arrangements to certain developing and least 
developed countries.”  
 Question: 
 
1. Could Turkey please elaborate the types of fl exibilities it gives that are influenced by the 
Turkey-EU Customs Union Agreement?  
Turkey’s Answer:  Customs Union between Turkey and the EU constitutes an advanced form of 
integration with its far-reaching perspective and comprehensive context covering a wide range of 
policies. The Customs Union Decision (CUD) covers  Turkey's adoption of a wide range of EU 
legislation including all aspects of trade, technical standards, state aid, competition, taxation, 
intellectual, industrial and commercial property rights. As a result, Turkey has achieved substantial alignment with the EU acquis in the fields directly  related to the functioning of the Customs Union.  
 
With the completion of the Customs Union between Turkey and the EU, custom duties, quantitative 
restrictions and measures having equivalent effect  have been eliminated in trade of industrial 
goods between the parties to ensure the free movement of goods; while the Common Commercial 
Policy, including the Common Customs Tariffs, have been implemented towards third countries. In 
this respect Turkey started negotiating FTAs in parallel to the FTA policy of the EU.  
During these negotiations, Turkey follows the approach  of the EU in terms of industrial products by 
providing full elimination of customs duties either at the entry into force of the Agreement or after 
a transitional period depending on the sensitivity of the sector. Still, Turkey has some flexibility to 
negotiate the transitional periods, as long as the duties are eliminated at the end of the specified 
periods, in line with EUs commitments vis-à-vis third country. Additionally, Turkey has to adopt 
identical rules of origin in its FTAs with that of the EU, both as a result of its Customs Union obligations and for the very practical reason to avoid trade diversion. However for the goods not 
covered by Customs Union, e.i. agricultural produc ts and  coal and steel products, Turkey enjoys 
complete autonomy, with regard to both coverage and liberalisation schedules.  
Moreover, with the enhanced scope of new genera tion agreements, Turkey’s scope of autonomy 
has also been enlarged to include trade in services, investment, public procurement, and WTO+ provisions on SPS, TBT, IPR, competition, trade remedies, or dispute settlement procedures. 
 
Also, as part of commitments pursuant to the Customs Union with the EU, Turkey, has agreed to align itself with the autonomous customs regime of the EU.  Therefore Turkey has been offering unilateral preferences under these programmes since 2001 but only on industrial products and on 
industrial components of the processed agricultural  products. Coal and steel products pursuant to 
European Coal and Steel Community and agricultural products are not covered under GSP regime of Turkey since these products do not fall within the scope of the Customs Union. 
 WT/TPR/M/331/Add.1 
 
- 142 - 
 
  SUMMARY 
Page 10 Para 5  “Turkey continues to recognize the importance of attracting foreign direct investment through its 
many programmes of incentives, schemes, and free zones. The main framework law for 
investment, the 2003 Foreign Direct Investment Law, continues to provide the main elements for investment such as national treatment, tran sfer of proceeds, etc., and has not undergone 
significant revision. However, there have not been  any major changes to investment restrictions 
either and Turkey continues to impose restrictions in the broadcasting, aviation, maritime transport, port services, fishing, accounting, financial, mining, real-estate, electricity, and education sectors. Although the legal framework has not changed, investment schemes have been 
extended, deepened, and broadened over the peri od in order to encourage and target certain 
types of FDI in Turkey. They offer nine different  types of incentive instruments, often depending 
on the amount of the investment and the investment region. In addition, Turkey's investment 
zones (Technology Development Zones, Organized Industrial Zones, and Free Zones) are designed 
to provide investor-friendly environments with attractive infrastructures for businesses.”  
Question: 
 2. Please elaborate the reasons why Turkey continues to impose restrictions in the broadcasting, aviation, maritime transport, port services, fishing, accounting, financial, mining, 
real-estate, electricity, and education sectors? 
 Turkey’s Answer:  As overall assessment of the Turkish In vestment Regime indicates, Turkey has 
a fairly open investment regime based on equal treatment of domestic and foreign investors. 
However there are certain national legislations relevant to licensing processes and regulations in some sectors, as summarized in the Secretariat Report (See S331, page 195, Table A2.3). 
 
The abovementioned sectors, especially maritime transportation and aviation sectors are sensitive 
areas regarding national interest. Restrictions on these sectors exist in regulations of many countries including developed countries. Each country has its own sensitivities regarding its public 
order which can be seen in their domestic legislation. 
 3. What kind of restrictions are applied to those sectors mentioned above? 
 
Turkey’s Answer: Restrictions and requirements are listed in the Secretariat Report (See S331, 
page 195, Table A2.3). 
 
4. Could Turkey please explain the impact of thos e restrictions on the efforts to attract more 
foreign direct investment in Turkey?  
Turkey’s Answer:  The limitation for foreign equity participation is applied for aviation, maritime 
transportation and broadcasting investments. Other requirements and restrictions such as licenses and permissions are applied both for domestic and foreign investors.  
 
According to OECD FDI Regulatory Restrictivene ss Index 2014, Turkey is ranked the 28th most 
liberal country among 58 countries, including all OECD and G20 countries with index value of 
0,059 where OECD average is 0,068. (Index value= 0 (open)- 1 (closed)). Turkey is quite liberal 
compared to the similar countries in terms of FDI restrictions. Even the FDI inflow in 2015 has reached 16.6 billion USD with a 32,4 % increase compared to 2014.  
SECRETARIAT REPORT 
 2 TRADE AND INVESTMENT REGIME 
2.2 Trade Policy Objectives 
 Page 29 Para 2.12 
 
“The GITES 2013-15 Action Plan establishes 37 goals and 91 concrete actions. Some examples of the goals include: reducing import dependence by encouraging investment in high-technology intermediate goods, promoting the use of domestic inputs, developing strategic approaches in WT/TPR/M/331/Add.1 
 
- 143 - 
 
  public procurement, providing greater access to gl obal supply chains for intermediate goods, and 
developing a recycling industry.”  Question: 
 
5. Will the GITES program be continued?  
6. Could Turkey further elaborate the concrete action of the GITES program which are 
providing greater access to global supply chains fo r intermediate goods, and developing a recycling 
industry?  
Turkey’s Answers: 
5. GITES Action Plan for the period 2013-2015 has been completed. Currently, the performance and the developments of the period are being asse ssed. The evaluations of the responsible bodies 
for the actions have been collected. In addition, selected firms from different industries are 
contacted to update the industrial agenda. After the assessments and consultations with related parties, it is aimed to revise the Action Plan to  address the current challenges of economy with an 
input supply perspective. On the other hand, it is noteworthy that most of the actions included in 
GITES Action Plan (2013-2015) have also become a part of the 10th Development Plan (2014-2018) Priority Transformation Programmes.  
6. The actions related with the target of greate r access to global supply chains for intermediate 
goods were effective in the establishment of selected R&D programmes considering the needs of Turkish industry. Also, analytic capabilities related to the concept of global value chains have been 
expanded, which has been an important item on G20 agenda as well. In order to bring forth 
awareness to economic value of recycled materials, G İTES suggested a National Recycling Strategy 
which will emphasize not only environmental aspects but also economic aspects of recycling. In 
2015, National Recycling Strategy was put into acti on and has been carried out by The Ministry of 
Environment and Urbanization. With the help of National Recycling Strategy, input supply from 
domestic recycled sources will increase gradually.  
2 TRADE AND INVESTMENT REGIME 
2.3 Trade Agreements and Arrangements  Page 30 Para 2.16 
 
“Turkey's imports face a variety of preferential tariff treatment based on its trade agreements and arrangements. The most important trade regime in  terms of the amount of trade is its customs 
union with the EU which accounted for 36% of 2 014 imports. Further, 50% of import trade took 
place under WTO MFN, with 32.9% MFN duty-free. A relatively small amount enters pursuant to Turkey's other free trade agreements, 5.5%, and a slightly larger amount, 8.3%, pursuant to unilateral preferences (i.e. GSP, GSP+, and EBA) (Chart 2.1).” 
 
Question:  
7. Chart 2.1 Imports by type of import regi me, 2014 (page 30) showed that import mostly 
came from EU (36.3%), while other trade agreements only accounted for 5.5%. Please elaborate whether Turkey attempts to enhance the value of trade with other partner countries and how?  
 
Turkey’s Answer: In line with “Turkey’s Export Strategy 2023”, it is Turkey’s priority to enhance 
its trade relations with other countries. To this en d, Turkey has been pursuing an active policy 
both at the multilateral arena within the WTO and at plurilateral and bilateral levels towards 
further liberalization of trade.  
 2 TRADE AND INVESTMENT REGIME 
2.3 Trade Agreements and Arrangements  
2.3.3 Other Agreement and Arrangements Page 37 
 
Question:  8. What is Turkey’s national policy, in terms of its membership in Developing-8 (D-8) and 
Organization of Islamic Cooperation (OIC), to make them more economically meaningful? WT/TPR/M/331/Add.1 
 
- 144 - 
 
  Turkey’s Answer:  Turkey believes that the key to making D-8 and OIC more economically 
meaningful mainly rests upon, first the effect uation of TPS-OIC and D-8 PTA and then the 
expansion of the coverage of these agreements. In this regard, Turkey has already completed 
necessary procedures to operationalize these 2 agreements and continues to encourage other 
member states to do so.  
 3 TRADE POLICIES AND PRACTICES BY MEASURE 
3.1 Measures Directly Affecting Imports 
3.1.1 Customs procedures and requirements Page 45 Para. 3.2 
 
“As reported in Turkey's previous review, the form at of the Turkish customs declaration is aligned 
with the single administrative document (SAD) used for customs procedures in the EU. BILGE (a computer software package) carries out real-time customs formalities. The use of the B İLGE 
system is obligatory and it covers all aspects of customs formalities. In addition, the cooperation 
between the Ministry of Customs and Trade and othe r institutions is to be developed through the 
BİLGE system. For example, the Single Window Project, which enables traders to submit 
regulatory documents at a single location and/or  single entity, has been ongoing since 2014. The 
documents required by customs administrations are receivable electronically through B İLGE. 
Currently, 13 institutions are interconnected through the Single Window Project.”  
Question:  
 9. Which aspects of customs formalities are included under the BILGE system? 
 
10. Could Turkey please explain how the 13 institutions are interconnected through the Single Window Project?  
 
Turkey’s Answer:  9. B İLGE system covers all aspects of customs formalities such as; entry summary declaration, 
notification of arrival and departure, temporary storage procedures, customs regimes declarations, 
transit procedures included NCTS and TIR, express cargo declarations, risk analysis 
implementations, temporary admission formalities of passenger vehicles.   
10. Single Window System is the system that  provides obtaining the desired documents (e-
document) for customs procedures from one plac e and completing the customs operations with 
applying to one place (e-application).  
 
Including “Single Window System in the Customs Se rvices” featured in the Prime Ministry Circular 
No. 2012/6, published in the Official Gazette dated 03/20/2012 and no. 28239 and the coordination of the duties to deliver with the othe r public institutions, the duty and authority of all 
the realizations of the operations are delega ted to the Ministry of Customs and Trade.  
 The system consists of two steps, which are e- document and e-application. E-document step 
provides transferring of permission, approval and documents in the electronic environment and 
using and following these directly with out delivering hard copies of these. 
 
E-application step provides informing the related institution by making permission, approval and 
documents related applications to the Ministry of Customs and Trade directly and getting the 
application result in the electronic environment.   
Effective usage of resources is aimed by applying for permissions in the electronic environment 
and providing the delivery of permission document, increasing the efficiency and effectiveness of controls, the simplification and acceleration of customs procedures, decreasing the time and 
financial cost of the merchant, increasing accounting by increasing follow up of the customs 
procedures.  
Currently, 14 institutions are interconnected through the Single Window Project E-document 
interface.  WT/TPR/M/331/Add.1 
 
- 145 - 
 
  Page 46 Para. 3.10 
 “As set out in the Customs Law, economic operators may request advance assessments – Binding Tariff Information (BTI) – for the determination of import and export taxes, the calculation of duty 
drawback and import-export payments within the cont ext of Turkey's agricultural policy, or for the 
use of certificates providing tariff or origin information submitted for the purpose of customs clearance. The assessments are issued by the Mini stry of Customs and Trade as well as authorized 
customs directorates and may be valid for six years, provided the information submitted by the 
applicant is accurate and complete, and the de clared goods correspond exactly to the BTI. 
Assessments may cease to be valid in the event of nomenclature changes. In this event, the 
holder of the BTI is notified.” 
 
Question:  
11. Could Turkey please elaborate the eligibility criteria to request advance assessments for the 
determination of import and export taxes?  
12. Could Turkey please give the contact info rmation of the responsible authority for the 
“Binding Tariff Information”?  Turkey’s Answer: 
11. As set out in the Customs Law, economic operators may request advance assessments – 
Binding Tariff Information (BTI) – for the determination of import and export taxes. However, economic operators shall not be allowed to request advance assessment for the goods; 
- for which a customs declaration has been lodged, 
- which has not a distinctive commercial name, trademark, serial number, etc., 
- which is unfinished, 
- for which is not subject to an intended importation/exportation. 
 Moreover, customs authorities competent shall not issue BTIs for the goods which falls within the Annex 23 of Implementing Provisions of Customs Law and requires analysis in order to be 
classified in the tariff nomenclature. 
 12. Responsible Authority for the BTI is the Directorate General of Customs, (Department of 
Tariff and Laboratories) at the Ministry of Customs and Trade. All international correspondences 
are carried out by the Directorate General for EU and External Relations of the same Ministry.  
Page 47 Para. 3.15 
 “Certain goods may only be imported through specialized customs  offices. The purpose of these 
customs practices are to make the customs offices more disciplined; improve customs procedures 
for certain goods and channel these goods to specialized customs offices; ensure that standards 
are met; and make effective controls on tariffs, valuation, and origin matters. For example, motor vehicles, tractors, motorcycles and their spare parts and accessories must be cleared at the 
Yesilkoy, Gebze, Izmit, Izmir, Mersin, Derince or Giresun customs directorates ; for 
producers of motor vehicles, Mudanya, Gemlik, Esenbo ğa or Adana customs directorates are 
also authorized ; textile products must pass through customs directorates at Aksaray, Ankara, 
AHL Kargo, Europe Free Zone, Denizli, G.Antep, G.Antep Airport, Gemlik, Giresun, Halkal ı, 
Iskenderun, Izmir, Kayseri, Mersin, or Trakya; fertilizers must be imported through customs administrations at Antalya, Band ırma, Gemlik, Kap ıkule, Tekirda ğ, Iskenderun, Ambarl ı, 
Haydarpa şa, Aliağa, Dikili, Izmir, Derince, Mersin, Samsun, Ünye, Ankara, Mardin, or Yumurtal ık 
Ser. Böl; and some solvents and petrochemical products must be cleared at the Ankara, Mersin, 
Adana, Eregli Region of Karadeniz, Erenköy, Beylikdüzü Akaryak ıt, Izmir, Alia ğa, Tekirda ğ, Bursa, 
Gemlik, or G.Antep customs directorates. Goods for the food sector must be cleared at Ankara, 
Aliağa, Izmir, Adana, Bursa, Gemlik, G.Antep, Tekirda ğ, or Körfez Petrochemistry Directorate.” 
 Question: 
 
13. Could Turkey please explain the reasoning be hind the different operational procedures or 
requirements needed to import those goods?  WT/TPR/M/331/Add.1 
 
- 146 - 
 
  14. Does the determination of entry points for te xtile products, which are in different area from 
the central production, have created a burden for the exporters?  Turkey’s Answer: 
13. The reasons that Turkey applies specialized cust oms practice for specific goods are to make the 
customs offices more disciplined, to specialize in customs procedures for certain goods and to canalize these goods to specialized customs office s with appropriate equipment and personnel, in 
order to protect the obligatory standards expected to be met for the imported goods and finally to 
make effective customs controls on tariff, cust oms value, origin matters. Thus, application of 
specialized customs does not imply imposing or maintaining prohibitions or restrictions on the importation of those products. 
 
Besides, not all the goods but only some specific  goods such as metal waste, petroleum products, 
motor vehicles and their spare parts which requires special customs control procedures and/or 
hardware (for instance radiation detection etc.) are subject to specialized customs application. 
 14. Turkey applies specialized customs practice, fo r specific goods, in only import regime. Thus, 
exporters of textile products are not affected by the mentioned application. 
 3 TRADE POLICIES AND PRACTICES BY MEASURE 3.1 Measures Directly Affecting Imports 
3.1.2 Trade Facilitation 
Page 48 Para. 3.22  
“Turkey launched an Authorized Economic Operator (AEO) programme in January 2013. 
The programme's aim is to facilitate the foreign trade operations of its traders by reducing required lead times and costs as well as enhancing security by encouraging  
best practices throughout the supply chain. In order to obtain an AEO certificate, companies 
must, inter alia , prove that they have traceable documentation, are financially solvent, practice the 
necessary safety and security measures, and are established in Turkey and have been in operation for at least three years.  
 
Other benefits extended to AEO certificate holders are: the use of lump-sum or partial guarantees; the right to self-issue A.TR movement certificates and EUR.MED invoice declarations; the ability to 
submit incomplete declarations and documentation; reduced data requirements for summary 
declarations; green line facilitation; and fewer documentary and physical controls as well as control priority.” 
 
Question:  15. Could Turkey please provide information concerning the registration of foreign trade 
operations who wish to join or apply for the AEO Program? 
 16. Does Turkey have a mutually recognized AEO certificate scheme with any of its trading 
partners? 
 Turkey’s Answer: 
15. Companies that are reliable, have adequa te traceable documentation, have financial 
solvency, practice the necessary safety and security measures, and are established in Turkey can apply for the AEO Certificate. It is also mandat ory for companies to present up-to-date ISO 9001 
and ISO 27001 certificates. 
 
16. Turkey has signed a mutual recognition agreem ent with the Republic of Korea on June 9th, 
2014. 
 WT/TPR/M/331/Add.1 
 
- 147 - 
 
  3 TRADE POLICIES AND PRACTICES BY MEASURE 
3.1 Measures Directly Affecting Imports 3.1.5 Tariffs 3.1.5.1 Applied MFN Duties 
 
Page 51 Table 3.1  
Table.2 Structure of MFN tariffs in Turkey, 2011-15  
  MFN applied Final bounda 
2011 2015  
1. Bound tariff lines (% of all tariff lines) n.a. n.a. 50.4 
2. Simple average tariff rate 12.2 12.8 37.5 
 Agricultural products (WTO definition) 47.9 49.0 72.1 
 Non-agricultural products (WTO definition) 5.0 5.5 17.6 
 Agriculture, huntin g, forestry and fishing (ISIC 1) 26.0 27.1 46.2 
 Mining and quarrying (ISIC 2) 0.2 0.2 9.3 
 Manufacturing (ISIC 3) 11.6 12.1 36.8 
3. Duty-free tariff lines (% of all tariff lines) 23.2 23.5 2.8 
4. Simple average rate of dutiable lines only 15.9 16.8 39.8 
5. Tariff quotas (% of a ll tariff lines) .. .. 0.0 
6. Non-ad valorem  tariffs (% of all tariff lines) 1.7 1.7 0.2 
7. Non- ad valorem  tariffs with no AVEs (% of all tariff lines) 0.3 0.2 0.2 
8. Domestic tariff peaks (% of all tariff lines)b 9.1 9.0 3.7 
9. International tariff peaks (% of all tariff lines)c 14.6 16.1 32.7 
10. Overall standard deviation of applied rates 27.1 27.6 44.7 
11. Nuisance applied rates (% of all tariff lines)d 6.7 5.5 0.04 
 
Question:  17. Could Turkey please explain the specific cons ideration for the increase of its simple average 
tariff line from 12.2%  in 2011 to 12.8% on 2015? 
 Turkey’s Answer: After 2008 global crisis, there has been a difficulty in entering foreign markets 
worldwide. Turkey has always drawn the attention of other countries to this reality, G20 being one 
of these platforms as well.  
Turkey’s applied rate for non-agricultural products  has been 5.5%, whereas  49.0% for agricultural 
products in 2015. There are slight increases in some products, which also affected the general average. We do believe that to reduce the commitment levels is a matter of WTO rounds. 
 
3 TRADE POLICIES AND PRACTICES BY MEASURE 
3.1 Measures Directly Affecting Imports 3.1.6 Other charges affecting imports 
3.1.6.3 Special Consumption Tax 
3.1.6.3.4 SCT on tobacco products Page 64 Para. 3.50 
 
“Revenue from the SCT (Special Consumption Tax) levied on tobacco products is channelled into the Tobacco Fund. Since 2011, SCT ad valorem  rates have risen either by 4.5% or 25% depending 
on the item. The duty is calculated on an ad valorem  basis with a specific tax floor; the ad valorem  
tax is then compared with minimum specific tax amount, and the higher one is applied by adding 
the specific tax amount (Table 3.13).”  
Question: 
 18. Could Turkey please explain the rationale behind the increase in the SCT levied on tobacco 
products? 
 Turkey’s Answer: Reasons behind the increase of SCT on tobacco products are as follows: WT/TPR/M/331/Add.1 
 
- 148 - 
 
  -Budget necessities:  It is right and obligation of every country to determine tax rates or 
to amend tax amount on every item. Turkey is no  exception. According to the budgetary needs, 
SCT on tobacco or other products may be adjusted by the Ministry of Finance.  
-Increase in price levels:  The SCT Law gives the right to the administration to assess 
tax amounts on tobacco products in every six months depending on the increase in general price 
level in Turkey. 
-WHO (World Health Organization) Framewo rk Convention on Tobacco Control:  
Turkey is one of the parties to mentioned Convention and with the intention of minimizing harmful 
effects of tobacco products, Turkey recognizes that price and tax measures are effective and important means of reducing tobacco consumption by various segments of the population, in particular young persons within the scope of Article 6 of the Convention. 
 
19. Could Turkey please provide information whether it has any intentions of lowering the SCT for tobacco products? 
 
Turkey’s Answer: Currently, Turkey has no intention to reduce tax on tobacco products. 
 
3 TRADE POLICIES AND PRACTICES BY MEASURE 
3.1 Measures Directly Affecting Imports 3.1.7 Import prohibitions, restrictions, and licensing 3.1.7.2 Import restrictions and licensing 
Page 66 Para. 3.55 
 “Since Turkey's previous review, the EU has b een exempt from import licensing requirements 
applied to certain fertilizers. Additionally, import licensing requirements have been removed on a 
wide range of household machines, telecommunications, television, photographic and broadcasting apparatus; motor vehicles, bicycles, carriages for babies and disabled persons; medical apparatus; 
hydro shower systems and exercising apparatus whic h were in place to ensure adequate after-sale 
services and to ensure imports conform with the national telecommunications network.”  Question: 
 
20. Could Turkey please explain the rationale be hind giving the EU an exemption from import 
licensing requirements of certain fertilizers? 
 
Turkey’s Answer:  According to the Turkey-EU Customs Union, a product that is lawfully 
manufactured and/or marketed within the EU and cert ificated accordingly, should not be subject to 
further controls or documentation requests at the importation stage. Such controls are performed 
only on risk basis.  So, for the fertilizers which are in free circulation within the EU, it is sufficient for the importer to 
submit “the analysis report based on EC fertilizer criteria” to the related rural public institution in 
15 working days following the completion of the customs formalities partially or completely.  
In fact, such a treatment should be valid for prod ucts exported from Turkey to the EU where the 
respective product legislation is harmonized by Turkey. In case there is no EU-level product 
legislation, then the principle of mutual recognition in the non-harmonized should be applied. 
 
Fertilizers legislation is among the EU’s product legislations with which Turkey has substantially aligned.  
21. Could Turkey explain whether the other good s which are exempted from import licensing 
requirements, such as household machines, teleco mmunications, and others, are only exempted to 
EU members or other countries as well? 
 
Turkey’s Answer:  According to the Turkey-EU Customs Union, a product that is lawfully 
manufactured and/or marketed within the EU and cert ificated accordingly, should not be subject to 
further controls or documentation requests at the importation stage. 
 For the products mentioned in question, import controls related to product safety are carried out through the “Risk-Based Trade Control System (TAREKS)”. Within TAREKS, import controls are 
performed electronically and on risk basis, in other words only risky products would be subject to WT/TPR/M/331/Add.1 
 
- 149 - 
 
  safety and conformity checks. In this regard, the products originating in the EU or in third 
countries, which are accompanied by A.TR free  movement certificate, undergo safety and 
conformity checks only in case they are considered risky according to risk assessment criteria used by TAREKS. 
 
3 TRADE POLICIES AND PRACTICES BY MEASURE 3.1 Measures Directly Affecting Imports 
3.1.8 Contigency measures 
3.1.8.1 Anti-dumping and countervailing measures Page 68 Para. 3.59  
“Turkey remains a significant user of the anti-dumping instrument. Over the period 1995 to 2014, 
it was ranked in 10
th place among WTO Members in terms of the number of anti-dumping 
investigations initiated and in 7th place in terms of the number of anti-dumping measures imposed. 
Most of these measures affected tariff lines in HS Sections VII (plastics and rubber and articles 
thereof), XI (textiles and textile articles), and XV (base metals and articles thereof). As of September 2015, Turkey had anti-dumping measures in force against 23 WTO Members. China 
was subject to the most numerous measures, foll owed by Indonesia, Chinese Taipei, India, 
Malaysia, Thailand, and Viet Nam. Over the review period, several existing anti-dumping measures have been extended (Table A3.2). Various measures in place include anti-circumvention measures.” 
 
Question:  
22. In 2014, Indonesia has faced anti dumping charges on 11 cases that covers 22 commodities 
and 2 cases of Safeguard. In this regard, could Turkey elaborate the anti-dumping investigation 
process? Was there sufficient evidence to the exis tence of dumping practices of those Indonesian 
products? 
 Turkey’s Answer: Turkey has been conducting antidumping investigations according to its 
national antidumping legislation that is in li ne with WTO Anti-Dumping Agreement. Thus the 
conditions and requirements regarding the initiation and investigation processes as well as the 
imposition and review of anti-dumping duties are fully governed by the aforesaid legislation. In 
addition, Turkey is respecting the transparency and due process rights of the parties during the 
investigations and responds to requests regardin g the reviews after the imposition of the duties 
that are made within the limits of its legislation.  
23. Indonesian textile products (HS 55) are curre ntly subject to anti-dumping levies, which are 
mainly due the increased value of Indonesian te xtile exports. Meanwhile, Turkey's export of 
Apparel products (HS61), which are inter-related with Indonesia's textile products, to the EU has increased during that same period. Indonesia thus wishes Turkey to review the measure and 
eliminate the anti-dumping levies to Indonesia's textile products.  
 Turkey’s Answer:  All the interested parties can request the Authority to review the need for the 
continued imposition of the duty, provided that the Party requesting the review submits positive 
information substantiating the need for a review. In this regard, Indonesian Authorities are welcome to submit an application for the review of the measures if they believe that there is 
sufficient ground for the review.  
 3 TRADE POLICIES AND PRACTICES BY MEASURE 3.3 Measures Affecting Production and Trade 
3.3.2 Incentives, State Aid, and Subsidies 
3.3.2.1 Turquality Page 96 Para. 3.159 
 
“Turkey's TURQUALITY® is its national branding programme designed to facilitate and support Turkish brands in international ma rkets. It has been in operation since 2004 at the initiative of the 
Ministry of Economy, TIM, and the Istanbul Te xtile and Apparel Exporters Association (ITKIB). 
There have been no changes to the laws or regulations for TURQUALITY® during the review period. Its main objectives are to support companies in their brand-building efforts, undertake public relations activities abroad, create awareness on internationally accepted values like quality, 
help companies with brand positioning, and act as an incubator for selected Turkish brands. WT/TPR/M/331/Add.1 
 
- 150 - 
 
  TURQUALITY® is a state-supported branding enti ty in which the state pays 50% of company 
expenses for TURQUALITY® support services for branding and entering international markets. 
There are two main programmes: the branding and TURQUALITY® programmes.”  
Question: 
 24. Could Turkey please elaborate further how it implements the programme and the impact the 
programme has not only on Turkey’s products in domestic and foreign market but also on 
imported products?  Turkey’s Answer: As a “national brand-building program”, TURQUALITY® has been implemented 
by providing highly customized strategic coaching  and consulting for Turkish brands in order to 
facilitate their success on international arena with a vision of “quality in brand management”. Therefore, the program does not have any impact on imported products since its focus is only the 
success of Turkish brands on international arena. 
 25. Could Turkey please elaborate how the state pays for the company expenses? 
 
Turkey’s Answer: Exporters’ Associations and Turkish Ex porters Assembly (TIM) are responsible 
for the payments of the company expenses.  
4 TRADE POLICIES BY SECTOR 
4.1 Agriculture 4.1.4 Support Programmes 
Page 128 Para 4.18 
 Turkey's agriculture support has undergone many changes over the last 20 years leading to the 
maintenance of relatively high supports, at least in comparison to other OECD countries. The use 
of decoupled payments ceased in 2009 while output -based payments increased. Turkey's Producer 
Support Estimate (PSE) as reported by the OECD has generally increased over the review period, except for a slight decline in 2012. Market-based supports comprise the largest share of the PSE, 
accounting for 76% in 2014, an increase from 72% in 2011. The largest market-based supports 
are for beef and potatoes.  
Question: 
 26. Could Turkey provide more information on how it implements agricultural support 
programmes for its domestic farmers?  
 Turkey’s Answer: In accordance with Agriculture Law No. 5488, policy tools to be used for 
agricultural support are as  follows:  
 Direct income support, 
 Deficiency Payments,  
 Compensatory payments, 
 Livestock supports,  
 Agricultural insurance payments,  
 Rural development supports,  
 Supports for protection of agricultural land for environmental purposes, 
 Other payments include research, development and agricultural extension supports, marketing incentives, special storage supports, quality su pports, market regulation supports, organic 
production supports, destruction supports, product processing supports, input supports upon 
necessity and agricultural basin supports.  
4 TRADE POLICIES BY SECTOR 
4.1 Agriculture 4.1.5 Strategy and policy 
Page 129 Para 4.20 
 “The 2013-17 Strategic Plan identifies five strategic areas on which to focus, each containing, specific goals and objectives (Table 4.9). The intention of the Plan is to move Turkey towards its, 
2023 Vision for Agriculture in which Turkey aims to  become a country that can feed its population, WT/TPR/M/331/Add.1 
 
- 151 - 
 
  with sufficient amounts of safe and high-quality foods; a net exporter of agricultural products; 
improve its competitiveness; and be influential in the field of agriculture within its region and across the world.”  
Question: 
 27. Please elaborate futher Turkey 2023 Vision fo r Agriculture, and how these vision are being 
implemented in order to achieve its goals?  
 Turkey’s Answer: Turkey’s 2023 Vision for Agriculture with the theme of  “Sustainable 
Development, Sustainable Agriculture, Food an d Livestock”   has the following objectives: 
 
1-VISION:  
To assure sustainable economic use of agricultural and ecological resources; to assure access to 
safe food and qualified agricultural and livestoc k products; to improve living standards in rural 
areas; to develop policies for providing economic  and social facilities, sound and modern housing 
opportunities for rural settlements; to ensure land consolidation; to become a competitive country 
in international arena through an agricultural, food and livestock industry with increased productivity.  
2-OBJECTIVES: 
 To assure food security and safety; to develop an organized and highly competitive agricultural 
structure while taking into account sustainable use of natural resources; to improve the data 
related with the implementation of agricultural policies and to develop information infrastructure; to develop production means and systems for agricultural, food and aquaculture products; to 
produce and develop seeds, seedlings, saplings and broods; to develop new genotypes for 
production in agriculture, forestry and livestock; to increase the capability for integrated control of agricultural diseases and pests through developing techniques for protection, control and treatment; to develop food processing methods and processes and to increase the diversity of 
processed products; to develop remote sensing an d early warning systems and informatics system 
and software; to make ecological agriculture that takes into account human, environment and animal health more widespread; to make more  common methods and means for the efficient use 
of soil and water resources; to accelerate and complete land consolidation activities for the 
purpose of eliminating scale related problems in the agricultural land partitioned via inheritance; to develop cooperation and organization between SMEs  that are for agricultural and food products’ 
branding; to develop organizations for increasing the competitiveness of  firms that are active in 
rapidly developing and growing international agri culture and food products markets and to plan 
production for targeted markets.  
Documents may be accessed via http://www.tsv2023.org/ 
 
4 TRADE POLICIES BY SECTOR 
4.1 Agriculture 
4.1.8 Major agriculture sectors 4.1.8.2 Livestock 
Page 135 Para 4.35 
 “Agricultural supports to the livestock sector are significant and have increased during the period, in particular direct subsidy payments. Livestock subsidies, as a percentage of Turkey's overall 
agricultural subsides, have increased. The share of the livestock sector eligible for subsides was 
24% in 2011, rising to 30% in 2015.19 Most subsidies for the sector are incentives for milk production, followed by cattle breeding, and feed processing (Table 4.14). Part of these 
agricultural subsidies is also given to the industry association relevant to the particular livestock 
subsector.”  
Question: 
 28. Please elaborate further on the details of  the implemented livestock support programmes? 
 WT/TPR/M/331/Add.1 
 
- 152 - 
 
  Turkey’s Answer: As a traditional agricultural activity in Turkey, livestock sector has a great deal 
of importance. As can be seen from Turkey’s 2023 Vision for Agriculture, livestock sector is aimed to be further developed through use of modern technologies and effective support tools which will enable more competitive livestock industry and increased productivity. 
 
Existing support programmes details of which can be examined from the Table 4.14 in the 
Secretariat Report, aims to increase yield per animal through artificial insemination, along with 
disease control through vaccination of the new born calves with Brucellosis vaccine. With respect 
to brood livestock support, what is aimed is to get full benefit of reproductive yield of livestock economically. Moreover, the accuracy and up-to-da teness of the records are  targeted by giving 
priority to the registration, and increases in the number of ovine and caprine animals and the red 
meat production. 
 Healthy milk production is also one of the goals pu rsued. In order to achieve this, determination of 
milk content (milk fat, milk protein and somatic cell count) and milk quality through records of 
livestock breeding is being targeted, among others.   
For further details please see Pages 133- 135 of the Secretariat Report. 
 4 TRADE POLICIES BY SECTOR 4.1 Agriculture 
4.1.9 Marketing boards 
4.1.9.4 Tobacco and Alcohol Market Regulatory Authority Page 139 Para 4.46 
 
“In terms of trade, TAPDK oversees laws and regu lations related to the trade of raw and processed 
tobacco products and alcoholic beverages. For tobacco, TAPDK issues producer certificates in order 
to produce tobacco products. Tobacco products are generally free to export, subject to an 
inspection of conformity, but to import there are limitations on which companies may do so, based on their annual production capacity and/or investment. For alcoholic beverages, TAPDK has a regulatory function including oversight over prod uction certificates, distribution licences, and 
imports.” 
 Question: 
 
29. Could Turkey please explain the rationale be hind the limitation on importation of tobacco 
based on the annual production capacity and/or investment? 
 
Turkey’s Answer: Limitations on the importation of tobacco are simply applied on the grounds of 
health considerations. As one of the Parties to the WHO Framework Convention on Tobacco Control  
(WHO FCTC) -which was adopted by the World He alth Assembly on 21 May 2003 and entered into 
force on 27 February 2005-, Turkey actively cont ributes to the goals of the Convention which 
foresees sound tobacco control policies by the Parties, also  including great majority of WTO Members.  
 
As one of the most successfull countries in implem enting the Convention, Turkey aims to protect 
present and future generations from the devastating health, social, environmental and economic 
consequences of tobacco consumption and exposure  to tobacco smoke, through different means, 
which also includes the limitation measure being asked.   
 4 TRADE POLICIES BY SECTOR 
4.2 Manufacturing 
Page 139 Para 4.51  
“Small and medium-sized enterprises (SMEs) constitute a key part of the industrial sector in 
Turkey. According to Turkish Treasury figures, SM Es account for 99% of all companies in Turkey, 
and contribute to around 78% of employment, 62% of exports and 57% of total value added. 
SMEs receive support from the Government through assistance with financing, training, technology 
development, innovation, export orientation and quality improvement.”   
 WT/TPR/M/331/Add.1 
 
- 153 - 
 
  Question: 
 30. Indonesia is currently developing its Small and Medium-sized Enterprises (SMEs) to become a key part in its industrial sector. Please elaborate further details of the support programmes given 
to SMEs? 
 Turkey’s Answer:  Several support programmes focusing on SMEs are implemented by different 
government agencies with different aims in Turkey. These programmes are composed of various 
instruments such as grants, reimbursement supports, tax exemptions, credits and some others aiming to facilitate credit usages. All these support programmes are categorized by related institutes and support types as shown Table 2. 
Table 3 SME Support Programmes in Turkey 
Support Type  Support Programme  Related Institute 
Supports Focused 
on R&D And Innovation Industrial Thesis Program Mini stry of Science, Industry 
and Technology (MoSIT) 
Techno-Initiative Capital Support Program MoSIT 
Technological Products Promotion& Marketing Program MoSIT 
Technological Products Investment Program MoSIT 
Enhancing International Competitiveness Program Ministry of Economy (MoE) 
Energy Sector R&D Proj ects Support Program  Ministry of Energy and 
Natural Resources (MoENR) 
Direct Financial Support s Regional Development 
Agencies (RDAs) 
Regulations in Law No: 5746 Concerning the Support 
of Research and Development Activities: 
- R&D Deduction 
- Income tax withholding incentives 
- Insurance premium support 
- Stamp duty exemption Ministry of Finance (MoF), 
Social Security Institution 
(SGK) 
Regulations Laid Down In Technology Developing Zones Law No: 4691: - Infrastructure Supports  - Income tax withholding exemption - Corporate tax exemption - Income tax exemption - Stamp duty exemption 
- Value added tax exemption MoSIT/MoF 
Law No 193: Income Tax and Law No: 5520: 
Corporation Tax (R&D Deduction) MoF 
Electronic, Information and Communication,  Aviation 
and Space Sectors R&D Projects Support Program  Ministry of Transport, 
Maritime Affairs and Communications (MoTMAC) 
Industrial R&D Projec ts Grant Programme TÜBİTAK 
R&D Project Brokerage Even ts Grant Programme TÜB İTAK 
University - Industry Colla boration Grant Programme TÜBİTAK 
SME Research, Development & Innovation Grant 
Programme  TÜBİTAK 
International Industrial R&D Projects Grant 
Programme TÜBİTAK 
Research Technology Deve lopment and Innovation 
Projects in Priority Areas Grant Programme TÜBİTAK 
Entrepreneurship Mu lti-Phase Programme TÜBİTAK 
TÜBİTAK Patent Support Programme TÜB İTAK 
Capacity Building for Innovation and 
Entrepreneurship Grant Programme TÜBİTAK 
Industrial Property Ri ghts Support KOSGEB WT/TPR/M/331/Add.1 
 
- 154 - 
 
  Support Type  Support Programme  Related Institute 
R&D and Innovation Programme KOSGEB 
Industrial Applicatio n Programme KOSGEB 
International Incubators and Accelerators Support 
Programme KOSGEB 
Technology Development Project Support Technology Development 
Foundation of Turkey (TTGV) 
Commercialization Project Supports TTGV 
Advanced Technologies Support Programme TTGV 
Supports Focused 
on 
Entrepreneurship Direct Financial Supports RDAs 
Guided Project Support RDAs 
Applied Entrepreneurship Trainings KOSGEB 
New Entrepreneur Support KOSGEB 
Business Incubators Support KOSGEB 
Business Plan Award KOSGEB 
Supports Focused 
on Strategy 
Development and 
Collaboration Cluster Support Programme MoSIT 
Direct Financial Supports RDAs 
Guided Project Supports RDAs 
Cooperation-Collaboration Support Programme KOSGEB 
Thematic Project Support Programme KOSGEB 
Supports Focused 
on Marketing Overseas Trade Fair Participation Support MoE 
International Domestic Fair Participation Support MoE 
TURQUALITY Support Program MoE 
Opening Foreign Branches and Business/Brand 
Promotion Support MoE 
Market Research and Market Access Support – 
Foreign Market Research Support MoE 
Market Research and Market Access Support –  
E-Commerce Website Membership Support MoE 
Design Support MoE 
Export Refund for Agricu ltural Products Support MoE 
Technical Consultancy Services Support MoE 
Employment Support MoE 
Currency Earning Serv ices Sector Branding Support MoE 
Direct Financial Supports RDAs 
Guided Project Supports RDAs 
Overseas Tourism Fair Participation and Tourism 
Promotion and Marketing Support  Ministry of Culture and 
Tourism (MoCuT) 
Domestic Fairs Support KOSGEB 
Foreign Business Travel Support KOSGEB 
Promotion Support KOSGEB 
Matching Support KOSGEB WT/TPR/M/331/Add.1 
 
- 155 - 
 
  Support Type  Support Programme  Related Institute 
Design Support KOSGEB 
International Incubators and Accelerators Support 
Programme KOSGEB 
Supports Focused 
on Consultancy and Capacity Building Enhancing International Competitiveness Support- 
Training and Consultancy Support MoE 
Market Research and Market Access Support – 
Market Access Report Support MoE 
Market Research and Market Access Support – 
Sectoral Trade Mission an d Buying Mission Support MoE 
Direct Financial Supports RDAs 
Guided Project Supports RDAs 
Consultancy Support KOSGEB 
Training Support KOSGEB 
Support for Employment  of Qualified Staff KOSGEB 
Certification Support KOSGEB 
Test, Analyse and Calibration Support KOSGEB 
Independent Audit Support KOSGEB 
SME Project Support Program KOSGEB 
Supports Focused 
on Environment And Energy Industrial Enterprises’ Produc tive Projects Support MoENR 
Voluntary Agreement Support MoENR 
Energy Support for Tourism Certif icated Enterprises MoENR/ MoCuT 
Energy Efficiency Support KOSGEB 
Environmental Technologies Support TTGV 
Energy Efficiency Support TTGV 
Investment 
Incentives VAT Exemption MoF 
Customs Duty Exemption MoCT 
Tax Reduction MoE /MoF 
Social Security Premium Su pport (Employer’s Share) MoE 
Income Tax Withholding Allowance MoF 
Social Security Premium Su pport (Employee’s Share) MoE 
Interest Rate Support MoE /MoF 
Land Allocation MoE 
VAT Refund MoE 
Direct Financial Supports RDAs 
Guided Project Supports RDAs 
Exemptions for Corporate Tax, Land tax, Electricity 
and Gas Consumption Tax, VAT Tax, Building 
Construction Fee and Residential Usage Licence Fee 
and some other charges MoSIT  
Supports Focused 
on Access to Finance Venture Capital Funding Programme TÜB İTAK 
Emerging Enterprises Market SME Support 
Programme KOSGEB WT/TPR/M/331/Add.1 
 
- 156 - 
 
  Support Type  Support Programme  Related Institute 
Loan Interest Support Pr ogramme for SMEs KOSGEB 
Loan Interest Support Pr ogramme for tradesmen and 
craftsmen Halk Bank 
Credit Guaranty Support Credit Guaranty Fund (KGF)  
Business Angels System Undersecretariat of Treasury 
Interest Support, Interest Free Loan Support RDAs 
 
In addition, Small and Medium Enterprises Development Organisation (KOSGEB) is the unique governmental organization in Turkey which is established to support just SMEs. It is an affiliated 
organization to the Ministry of Science, Industry  and Technology. Also KOSGEB is the main body 
for executing the policies regulating the SMEs, the number of which amounts to 3,5 million according to Turkey’s business registers. To date , the number of SMEs registered in the KOSGEB 
database has exceeded 850.000.  
 KOSGEB Supports and Services can be classified under 4 main headings: 
A. Supports provided within the scope of “KOSGEB Support Programs Regulation”,  
B. KOSGEB Finance (Loan Interest Rate) Supports 
C. KOSGEB Laboratory Services  
D. Information and Guidance Supports  
 
As for KOSGEB Laboratory Services, in KOSGEB’s laboratories some specific services are provided to SMEs in the areas of metal, plastics, rubber, textile and environment. 
 
One of the most important activities, in the cont ext of Information and Guidance Supports are to 
announce SMEs the calls for projects within the scope of EU Funds and services of national organizations which are related to SMEs and to provide guidance to SMEs for benefiting from the 
other institution’s supports. 
 Lastly to explain, the most common and the mo st important supports submitted to SMEs by 
KOSGEB are the ones which are implemented as part of KOSGEB Support Programs Regulation. 
And in the context of this study, the followin g KOSGEB support programs will be analysed; 
 
 Cooperation-Collaboration Support Programme 
 Entrepreneurship Support Programme 
 General Support Programme 
 SME Project Support Programme 
 Thematic Project Support Programme 
 R&D, Innovation and Industrial Application Support Programme 
 Emerging Enterprises Market SME Support Programme 
 International Incubators and Accelerators Support Programme 
 KOSGEB is ready to share all its experience with the Government Indonesia in terms of SME 
Development.  
 4 TRADE POLICIES BY SECTOR 4.3 Services 
4.3.1 Financial services 
4.3.1.2 Insurance Page 149 Para 4.96 
 
“Turkey's insurance sector has a low penetration rate, around 1.49% of GDP (2014). At the end of 2014, the annual premium production in insurance was TL 25.9 billion (almost US$11.8 billion). 
The share of non-life insurance premiums in total is 87.4%, while life insurance represents a share 
of 12.6% at the end of 2014. Motor vehicle accide nt insurance accounts for the largest share of 
non-life premiums, at around 50%. The average premium per person is around US$152.”  WT/TPR/M/331/Add.1 
 
- 157 - 
 
  31. Could Turkey please explain why Turkey's insurance sector has a low penetration rate? 
 Turkey’s Answer: Lack of insurance awareness among the general public is an important factor 
in explaining the low penetration rate in the insu rance sector in Turkey. Improvements in financial 
education and inclusion are expected to increase the traditionally low penetration rates.  
 32. Does the low penetration in the insurance sector affect foreign insurance investments? 
 
Turkey’s Answer: The low penetration in the insurance sector does not affect foreign insurance 
investments negatively. On the contrary, low insurance penetration rates promise great potential for growth in the insurance sector of Turkey.  
 
4 TRADE POLICIES BY SECTOR 4.3 Services 
4.3.2 Health 
4.3.2.2 Trade Page 156 Para 4.124 
 
“The OECD reports trade in health services as a percentage of health expenditures. For Turkey, imports of health services were estimated at approximately 0.5% of health expenditures in 2012, and exports (defined as domestic provision of health services to non-residents) approximately 1%. 
Exports were however growing strongly, at a 12%  annual growth rate during 2007-12, which was 
the 6th highest rate of growth among reporting European countries. Exports of health-related 
travel or other services were 1.1% of total health expenditure but, at €219.5 million in 2012, were 
higher than for any EU member State for which there are data.” 
 Question: 
 
33. Could Turkey please explain the main factors th at lead to the increase in export of health 
services in 2007-2012?  
Turkey’s Answer : In addition to the development of any kind of cooperation between countries; 
improvement of freedom and opportunities of travel , facilitation of transport, increase of medical 
services’ quality worldwide and both individual and budget-based challenges in financing of health 
services have gradually raised the importance of the health tourism in the world. 
 Almost any and all kinds of health services are being demanded in the area of health tourism. 
However such fields as dental treatment, eye, plastic surgery, cardiovascular and joint prosthesis, 
infertility treatment, in-vitro fertilization and surgical interventions have the leading role. Previously, advanced technology, modern infrastructure, high quality standards of healthcare services and ease of transport were the common characteristics of the leading countries in the field 
of health tourism while qualitative characteristics of the health facilities and healthcare 
professionals predominate currently.  
Facts of the health tourism can be named as fo llows even though they  may differentiate on 
country basis: belonging (blood relation), long waiting periods for treatment, high cost of the 
health services, insufficient level of the health services, excess of old population and preference of 
thermal health tourism facilities. 
 
The investments in the field of health over the pa st decade and the health transformation program 
have increased international competitive capacity of many health institutions in Turkey. Turkey has 
caught or gone beyond the western standards in health services. 
 
Turkey has a noteworthy potential to be a leader in the field of health tourism not only with its 
geographical position or health institutions with developed infrastructure but also with the 
experienced and trained manpower, technically adva nced health infrastructure, the most important 
geothermal sources of the region, historical and natural attractions, rich cultural heritage and low 
costs. 
 Health tourism is a chain of complex activities, which requires integration and coordination of such main sectors as boarding services, transpor t, communication, environment, architecture, 
insurance, intermediary agencies, advertisement and marketing companies. WT/TPR/M/331/Add.1 
 
- 158 - 
 
  According to the WHO data, health services are more cost-effective in Turkey in comparison with 
many developed and developing countries. Turkey is among the first countries to be considered for health services worldwide in terms of both prices and waiting periods. Challenges of out-of-pocket payment systems in developed countries or proble ms of domestic health service provisions in 
developing countries have increased the demands of health services in Turkey as in many other 
countries.  
Turkey holds the regional power in the field of health tourism. In particular for medical tourism, 
Turkey is prominently preferred as the main dest ination. Moreover, the number of thermal health 
facilities, rehabilitation clinics, healthy life facilities and elderly care/treatment centers, etc. is rising as alternative practices of health tourism. 
 
Pursuant to the health transformation program, Turkey has achieved a great progress in the field 
of health service provision, which is also welcomed by WHO. Those who would like to receive 
qualified and cost-effective health services are co ming to Turkey with ever increasing rates. 
Located on an important geothermal zone, Turkey is among the first seven countries in terms of rich sources and potential for thermal tourism. 
 
34. Could Turkey also explain which mode of supply  was the largest, in terms of health services 
export in 2007-2012?  
Turkey’s Answer:  The referred paragraph of the Secretariat report citing OECD statistics 
specifies that exports were “defined as domestic provision of health services to non-residents”, which falls under services supply through Mode 2.  
 
The recent activities in the field of health and health tourism have contributed to improvement of 
the sector in Turkey. The number of incoming fo r e i g n  p a t i e n t s  i s  i n c r e a s i n g  y e a r  b y  y e a r ,  
especially the increases after 2010 are remarkable. While the number of foreign patients coming to 
Turkey was around 110.000 in 2010, this number reached 300.000 in 2013.   Records indicate that foreign patients apply to all branches for treatment in Turkey. The patients 
traveling to Turkey for health tourism receive specialized services in the fields of radiotherapy, 
laser eye surgery, plastic surgery, dental treatment, assisted reproductive techniques and cardiovascular diseases in addition to such main clinics as internal medicine or gynecology and 
Turkey has a comparative superiority in these fields . Patients mostly prefer the private sector to 
receive services in the fields above.  
The records of health tourism in Turkey have been kept more meticulously in recent years, 
according to which about 500.000 foreign patients ha ve received health services in Turkey as of 
the end of 2014.   
The following Table shows the number of international patients, including health tourism and 
tourist health groups, by years until 2012.   
Years Number of Patients 
2008 74.093 
2009 91.961 
2010 109.678 
2011 156.176 
2012 270.000 
 
In Turkey, 952 hospitals provided services for international patients. Foreign patients were treated 
at 335 State Hospitals, 502 Private Hospitals, 64 Training and Research Hospitals and 31 
University Hospitals. Even though private hospit als come to the fore with the highest number of 
foreign patients, “Training and Research Hospitals” stand out in terms of the number of patients WT/TPR/M/331/Add.1 
 
- 159 - 
 
  per hospital. In 2012, the number of international patients per hospital was around 291 persons.  
 International patients mostly apply to the Emergency Medicine clinic. When both tourist health and health tourism patients are evaluated together, the Emergency Medicine is respectively followed by 
Internal Medicine, Orthopedic and Traumatology , Ophthalmology, Pediatrics, Gynecology and 
Obstetrics, Otorhinolaryngology, General Surgery, Cardiology and Dermatology.  
 
4 TRADE POLICIES BY SECTOR 
4.3 Services 4.3.2 Health 4.3.2.6 Licensing, accreditation, and regulatory aspects 
Page 160 Para 4.145 
 “Previously, doctors working in Turkey were requ ired to be Turkish citizens and have a diploma 
from a Turkish medical school until a law was adopted in 2007 removing this requirement, but 
subsequently overturned. However in 2011, a statutory decree permitted foreign doctors to practise in private health institutions if they passed a language test, obtained work and residence 
permits, obtained liability insurance, and if their medical diplomas were awarded a certificate of 
equivalence to Turkish University standards. The same provisions are provided to all health workers except dentists, pharmacists, nurses, and midwives.”  
Question: 
 35. Please explain why foreign dentists, pharmacists, nurses, and midwives are not permitted to 
practice in Turkey? 
 Turkey’s Answer: Turkey approaches this issue within the context of its GATS commitments. 
According to Turkish Law number 1219, doctors, dentists or midwives; number 6283, nurses; 
number 6197, pharmacists requires to hold Turkish citizenship to practice in Turkey. In 2011, with 
Statutory Decree No. 663, Article 58 gives permission to foreign physicians and nurses to practice in Turkey. In 2014, with the Law No. 6514, Articl e 22 the requirement of Turkish citizenship to 
work as midwife in Turkey was removed. However, dentists and pharmacists are required to hold 
Turkish citizenship to practice in Turkey.  
4 TRADE POLICIES BY SECTOR 
4.3 Services 4.3.5 Distribution 
4.3.5.2 Market structure 
Page 178 Para 4.229  “E-commerce has been growing in Turkey as a resu lt of rising internet penetration rates and 
credit-card use. In the first half of 2015, domestic e-commerce transactions reached 
TL 25.8 billion, a 30% increase from the same period in 2014. In 2014, the value of online purchases was equivalent to 1.6% of total retail sales according to the Turkish Informatics 
Industry Association. Foreign investment in the online retail sector in Turkey has also witnessed 
strong growth in recent years.”  
Question: 
 36. Could Turkey please provide the total amount of e-commerce trading in Turkey for the last 5 
years? 
 
Turkey’s Answer:  According to the “E-Commerce in Turkey  Market Definition and Sizing 2014” 
report prepared by TUB İSAD (Informatics Industry Association), e-commerce market size was 
around 10 billion TL in 2014 which was 7 billion in 2013. 
 37. Are there any incentives given for foreign e-commerce providers in Turkey? 
 
Turkey’s Answer:  The incentives for e-commerce, which are granted by Ministry of Economy of 
Turkey, are indicated in “The Market Research an d Market Access Incentive Notification” (Article 
13 -14). 
 WT/TPR/M/331/Add.1 
 
- 160 - 
 
  The membership fees to the e-commerce websites which are not for final consumers are supported 
up to 70% and annually maximum amount of $10,000. E-commerce websites are given support up to $2,000.   
Companies can benefit from the support specified in the Article 13, for a maximum of 5 e-
commerce websites. Each e-commerce website can be nefit from this support up to a maximum of 
three years.  Any company which would like to benefit from this incentive, aforementioned in 
Article 13, must have a website related to its commercial activities at least in one of the foreign 
languages.  OTHERS: 
 
38. Could Turkey explain the difference in the applied tariff of Crude Palm Oil (CPO) from Indonesia at 31.2% vis-à-vis 11% for CPO from Malaysia? Would Turkey consider lowering the 
tariff of CPO from Indonesia to  equal that from Malaysia?  
 Turkey’s Answer: For imports of crude palm oil, the MFN customs duty is 31,2%. However within 
the scope of Malaysia and Turkey FTA, the customs duty of crude palm oil originating in Malaysia is 
21,8%.  39. Would Turkey consider providing greater market access facilities for other products, such as 
cacao, pepper, nutmeg, coconut and derivatives, le ather (shoes), organic rice, glutinous rice, seed, 
mangosteen, bark, and dragon fruit?  
 
Turkey’s Answer: Like other countries, tariff rates are determined according to domestic needs, 
production capabilities and international commitments of Turkey. When it is deemed necessary, the tariff rates can be arranged by taking into consideration those conditions.  
 
The tariff rates of agricultural products can be reached at Decree on Import Regime, published Official Gazette dated December 31, 2015.   
40. Could Turkey provide information on how it implements the halal certification? Does the 
Turkish authority have an authorization agreement with the Standards and Metrology Institute for the Islamic Countries (SMIIC)? 
 
Turkey’s Answer: Turkish Standards Institute (TSI) is a member of SMIIC since its establishment 
in 2010. On 14 June 2011, OIC/SMIIC standards (see below) have been adopted as national (TS) 
standards by TSE Technical Board. SMIIC invites all OIC member countries to be a member of 
SMIIC and adopt OIC/SMIIC Standards as national st andards. It should be noted that, there have 
not been made any changes on the standards at the stage of adoption. Currently, TSE is implementing halal certification activities accordin g to TS OIC/SMIIC 1: 2011, “General Guidelines 
on Halal Food”. 
 One of the important tasks is to activate the mutu al recognition system of halal certificates under 
the umbrella of SMIIC in OIC. Accordingly, SMIIC Accreditation Committee has recently completed 
the major work based on this document for activating the mutual recognition system in OIC based on OIC/SMIIC Standards. 
 
41. Indonesia seeks detailed clarification concerning the imposition of anti-dumping and safeguard measures implemented by Turkish authorities for Polyester Synthetic Fibers (Anti-Dumping), Polyester Textured Yarn and Yarn Man of Man Made Staple Fibers (Anti Dumping), and 
Glass Lids (Sunset Review Anti-Dumping). 
 Turkey’s Answer:  According to Article 6.9 of the Anti-D umping Agreement, the authorities shall 
timely inform all interested parties of the essential facts before a final decision made. In 
accordance with this article, all the necessary information regarding the essential facts of all the dumping investigations are disclosed to the interested parties, including the government of the 
exporting countries, via final disclosure reports during the investigation. All the necessary 
clarifications related to the anti-dumping measures concerned can be found in their final disclosure reports. Additionally, if an anti-dumping duty  is imposed, a public communique regarding the 
measure is published in the Official Gazette of Re public of Turkey. Additional details regarding the 
measures concerned can also be found in the related communiques as follows: WT/TPR/M/331/Add.1 
 
- 161 - 
 
  a) Polyester Synthetic Fibers (Anti-Dumping) – Communique No: 2012/11 published in the Official 
Gazette dated May 16, 2012 and numbered 28294.  b) Polyester Textured Yarn and Yarn Man of Man Made Staple Fibers (Anti-Dumping) - 
Communique No: 2015/8 published in the Official Gazette dated April 17, 2015 and numbered 
29329.  
c) Glass Lids (Sunset Review Anti-Dumping) - Communique No: 2010/12 published in the Official 
Gazette dated May 23, 2010 and numbered 27589.  WT/TPR/M/331/Add.1 
 
- 162 - 
 
  RUSSIAN FEDERATION 
QUESTIONS REGARDING THE SECRETARIAT REPORT (WT/TPR/S/331) 
 3 TRADE POLICIES AND PRACTICES BY MEASURE 
3.1.7 Import prohibitions, restrictions, and licensing 
Table  3.15 Import prohibitions, 2015 p.66  
Question: According to the abovementioned table the Soil, leaf, stem, straw, and natural manure 
used for agricultural purposes (excluding turf and perlites cultivated in culture environment) are prohibited for import. Please clarify the grounds for the said prohibition?  
 
Turkey’s Answer: Soil and Natural manure are listed in Regulation on Plant Quarantine (Annex 3 
Plants, Plant Products and Growing Medium.) Therefore, their entry is prohibited. Apart from that, straw and hay import started in 2013. The importation of those products is prohibited since the 
high probability of the existence of harmful agent. That is in conformity with 2000/29 directive of 
European Community.    
Table 3.16 Imports requiring a licence, 2015 p.68 
 Questions:  According to the abovementioned table the import of fertilizers requires a license. 
Please provide more information concerning the goods that are considered as fertilizers (including 
organic fertilizers)? Please also provide more information about the licensing production procedure and the way in which the control of use of fertiliz ers is regulated within the territory of Turkey. 
 
Turkey’s Answer:  In this respect, fertilizers are subject to import controls within the 
comminique of 2016/5 which is about the import cont rols of certain agricultural goods from the 
point of human, animal and plant health and existence. Within this concept, required information 
and documents should be given to the Ministry of Food, Agriculture and Livestock (MFAL) prior to 
controlling operations controling procedures are run by the aforementioned Ministry. Within this 
framework, there is no exemption for imports from EU countries. 
 
3.1.8 Contingency measures 3.1.8.1 Anti-dumping and countervailing measures  Paragraphs 3.57 – 3.60 p. 68-69 
 
Questions:  The Report by the Secretariat (document No. WT/TPR/S/331, paragraphs 3.57 – 3.60) 
provides a description of the national legislatio n, the responsible authorities, the current anti-
dumping investigations and the measures in force. At the same time, it does not describe certain 
practices of the Turkish investigating authorities that may be worth mentioning.  
Considering the recently disclosed results of the ongoing anti-dumping investigation on 
imports of hot-rolled steel products originating in, inter alia, the Russian Federation, the practices of normal value calculation and product scope determination used by the Turkish authorities is of special interest for the Russian Federation. 
1. Concerning the adjustment of costs actually incurred by the producers of 
the exporting country when the authorities come to a conclusion that the records of the exporting producers do not reasonably reflect the costs associated with production 
and sales of the product under consideration, please clarify the following: 
a. What provisions of Turkish national legislation authorize such adjustment? Please 
provide a list of the relevant legal acts with reference to such provisions. 
b. What provisions of Turkish national legislation enable the investigating authorities to 
replace the input costs incurred by the exporting producers with the data related to the costs of such inputs outside the country of origin and exportation of the product under 
consideration for the purposes of normal value calculation? Please describe the 
methodology applied in such cases in or der to choose the country where the input 
costs are considered appropriate to calculate the normal value. 
c. What is the exact number of anti-dumping investigations where Turkish investigating 
authorities resorted to such adjustment of exporters’ costs? For these investigations, 
please indicate the exporting countries. 
d. Does Turkey consider in all investigations that costs associated with raw materials “are 
not reasonably reflected” in the exporter’s  records if some of the suppliers of raw WT/TPR/M/331/Add.1 
 
- 163 - 
 
  materials are related with the exporter and/or such raw materials are purchased at 
“highly distorted prices”? How does Turkey establish the facts of “relation” and “distortion”? 
2. It seems that Turkey applies provisional anti-dumping measures on 
investigated imports, except for imports of ho t-rolled flat steel especially designated as 
a raw material for the use in production of pipes for construction of the Trans Anatolian Natural Gas Pipeline (TANAP) project (hereinafter – TANAP-aimed products). In this 
respect, please clarify: 
a. How does Turkey determine whether the imported products are exactly TANAP-aimed 
products in order to  exempt them from anti-dumping duties? 
b. Have the Turkish investigating authorities taken into consideration the data on imports 
of TANAP-aimed products for the purposes of dumping determination? 
c. Have the Turkish investigating authorities taken into consideration the data on imports 
of TANAP-aimed products for the determination of injury? 
d. Does Turkey consider that its obligations before the Government of the Republic of 
Azerbaijan under the Intergovernmental Tr eaty for TANAP System prevail over or 
constitute an exemption from its obligations vis-à-vis the WTO Members under the 
Agreement on Implementation of Article VI of the GATT 1994? In case of a positive 
answer, please explain the reasons for it. If the answer is negative, please explain the legal grounds under the WTO Agreements for making exceptions for TANAP-aimed products from the imposition of the provisional and/or definitive anti-dumping duties. 
 
Turkey’s Answer: Anti-dumping investigation on imports of hot-rolled steel products originating 
in, inter alia, the Russian Federation is still ongoing; the general and company specific final 
disclosures have been released. The public and company specific hearings were held. Turkey has 
been conducting investigations according to its national anti-dumping legislation that is in line with WTO Anti-Dumping Agreement respecting the transp arency and due process rights of the parties. 
Thus, the findings regarding the scope, dumping calculations, injury were shared with interested 
parties considering the confidentiality requirements. The comments and objections of the interested parties are still being evaluated by the investigating authority and the results of the investigation will be released/published in accordance with the legislation.  
 
3.1.9 Standards and other technical requirements 3.1.9.3 Alignment with the EU  
3.75. p.72 
At the horizontal level, Turkey has maintained legislation since 2002 to align itself with EU legislation. Pursuant to changes by the EU in  2008, Turkey revised its regulations in 2012 to 
conform in the areas of CE marking, conformity assessment bodies, and notified bodies.   
 Questions:  Could Turkey please specify what measures  does the alignment with the EU involve? 
Could Turkey give a more detailed information on the sectors in which this alignment is carried 
out, in which sectors the alignment with EU legislation will take place in the nearest future? Please 
provide a plan, if any, of the alignment of Turkis h technical regulations with the sector-specific EU 
directives. 
 
Turkey’s Answer: The Ministry of Economy is responsible for harmonizing the horizontal technical 
legislation of the EU, in particular, the ones in the areas on product safety. In this respect, a 
Framework Law No. 4703 and its four implementing Regulations which were drafted by the 
Ministry regarding product safety, CE marking, market surveillance, notified bodies and notification procedures were put into force in 2002.  Due to the changes in the EU horizontal legislation in 2008, the implementing regulations (Regulation on  CE Marking” and “Regulation on Conformity 
Assessment Bodies and Notified Bodies) were adopted and published in February 2012. The new 
legislation repealed previous implementing Regulations, which were adopted in 2002. Also, in order to ensure the free movement of goods betw een Turkey and the EU in the non-harmonised 
area, Regulation on Mutual Recognition on the No n-harmonized Area was adopted and published in 
the Official Journal in June 2012.  
The Ministry of Economy also coordinates the legislative alignment with the EU’s vertical legislation 
that is carried out by the relevant public authorities. In fact, Turkey has already aligned with the EU’s sectoral/vertical legislation that is listed in Association Council Decision No. 2/97 to a great extent. This alignment concerns around 250 pieces of EU legislation in areas like radio and WT/TPR/M/331/Add.1 
 
- 164 - 
 
  telecommunication terminal equipment, batteries and accumulators, toys, personal protective 
equipment, construction products, medical devices, gas appliances, civil explosives, and lifts.   Nonetheles, due to the evolving nature of the EU le gislation, alignment with the EU legislation is a 
continous process. Presently, processes of harm onization and exchange of view with the EU 
legislation is underway with respect to following sectors/products: Measuring Instruments, Non-Automatic Weighing Instruments, Electrical Equipment Designed for Use Within Certain Voltage 
Limits, Pyrotechnic Articles, Electromagnetic Compatibility, lifts and safety components for lifts, 
equipment and protective systems intended for use in potentially explosive atmospheres, simple 
pressure vessels and transportable pressure equipment.  
3.76. p.72 
Further, the relevant Turkish authorities have aligned the sector-specific EU into Turkish laws and regulations, including around 250 technical regulations. Also, other EU directives were adopted 
pursuant to Decision No. 2/97 of 1997, covering products such as radio and telecommunication 
terminal equipment, batteries and accumulators, toys, personal protective equipment, construction products, medical devices, gas appliances, civil explosives, and lifts. 
 
Questions:  Could you please clarify whether the EU directives on technical regulations were 
adopted in its integrity or partially?  Are they adopted simultaneously with the EU ones? Could 
Turkey please provide more detailed information de scribing the implementation procedure, if there 
are any, for the adoption of the EU directives in the sphere of technical regulation? Could Turkey 
please provide a source with a list of technical regulations aligned with the sector-specific EU directives? Please also provide the exact number of such documents. 
 
Turkey’s Answer:   EU Directives on technical regulations are adopted in its integrity. Most of the 
time, the EU legislation is put into effect simultaneously with the EU Member States. If the 
simultaneous adaption is not possible, Turkey mo stly harmonizes the EU legislation within 1-2 
years after it was put into effect in EU Member States. The list of the already harmonized legislations can be accessed through the following link.  http://www.ekonomi.gov.tr/portal/faces/ho me/urun-guvenligi/ab-teknik-mevzuat-
uyumu/yararlikaynaklar?_afrLoop=24987348277 9461&_afrWindowMode=0&_afrWindowId=83phal
8sy_575#!%40%40%3F_afrWindowId%3D83phal8sy_575%26_afrLoop%3D249873482779461%
26_afrWindowMode%3D0%26_adf.ctrl-state%3D83phal8sy_629  
 
3.1.10.1 Overview and alignment with the EU 3.81 p.73 
In 2011, Turkey started pilot implementation of a risk-based trade control system, TAREKS, to 
carry out safety checks on imported and exported  goods on the basis of risk. Consequently, since 
January 2012, conformity assessment of certai n imported goods (toys, medical devices, 
telecommunication products, personal protective equipment, batteries and accumulators, 
construction products, and shoes) and as of August 2012, transactions related to cotton controls 
have been taken under the scope of TAREKS. Finally, since 15 February 2013 conformity assessment of certain imported goods such as machinery, lifts, pressure vessels, electrical 
equipment, gas appliances and also some industrial raw materials have been incorporated in 
TAREKS.  
Question:  Please specify whether it is planned to us e TAREKS for safety control of goods subject 
to the State Veterinary Service? What risk anal ysis mechanisms are used within the mentioned 
system? How is it integrated with the thir d countries’ systems, including the EU one? 
 
Turkey’s Answer: Today, import controls related to products safety are carried out through the 
“Risk-Based Trade Control System (TAREKS). Within TAREKS, import controls related to product safety are performed electronically and on risk basis, in other words only risky products are 
subjected to safety and conformity checks. Befo re the establishment of the electronic control 
system, all export and import consignments used to be subjected to inspection. As a matter of fact, TAREKS introduced a new understanding of risk assessment based on objective criteria. On 
t h i s  m a n n e r ,  T A R E K S  u s e s  r i s k  a n a l y s i s  b y  s o r t i n g  o u t  g o o d s  f r o m  h i g h  r i s k  t o  l o w  r i s k  a n d  
document checks of each product at each arrival at customs does not continue anymore and the system focuses on the control of only risky products. TAREKS is not integrated with the other countries’ systems. Given the information that for safety control of goods subject to the State WT/TPR/M/331/Add.1 
 
- 165 - 
 
  Veterinary Service is not foreseen to be included in TAREKS for safety control of goods for the near 
future.  3.1.10 Sanitary and phytosanitary requirements 
3.96. p. 75 
Similar to the changes that have occurred for TBT,  Turkey has been focusing on harmonizing its 
SPS legislation with that of the EU during the review period. The Turkish legislation is partially 
aligned with the acquis under this chapter. In orde r to achieve full and efficient implementation of 
the acquis, Turkey continues with further legislative alignment. Turkey's Strategy for Transposition and Implementation of the Acquis Communautaire in Chapter 12 – Food Safety, Veterinary and Phytosanitary Policy into National Legislation, in particular its Annex I, contains detailed legislative 
measures to be taken. 
 3.99. p. 75 
Within the scope of harmonization of SPS matters with the EU, the legislation aligned by the MFAL 
is as follows:  
‐ Regulation on the Control of Foot-and-Mou th Disease, in accordance with Council 
Directive No. 2003/85/EEC; 
‐ Regulation on Notifiable Animal Diseases and No tification of Them, in accordance with laying 
down the codes for the notification of animal diseases pursuant to Council 
‐ Directive 82/894/EEC and with EU Commission Decision No. 2005/176/EC; 
 
Question: Please specify to what extent the Turkish SPS measures are recognized as an 
equivalent to the European ones? 
 
Turkey’s Answer: Turkey has continued to take certain steps in many areas to harmonize its 
national regulations with that of the EU Acquis, including those related to SPS standards. Until now 
harmonization to a certain extent has been achieved.  
 It should be noted that as a member of the WTO,  Turkey is aware of its rights and obligations 
rising from the WTO SPS Agreement. In other words, while aligning itself with the EU Acquis, 
Turkey also takes into consideration WTO SPS Agreement which inherently necessitates to 
consider the recommendations and standards of the international sister organizations mentioned in the WTO SPS Agreement in the process of developing SPS standards.  
 
Turkey will continue its efforts for further legislative alignment.  
3.101. p. 76 
The Law on Veterinary Services, Plant Health, F ood and Feed is a comprehensive law setting out 
provisions on food and feed; plant health; and an imal health, welfare, and zootechnics. The main 
elements of the law provide for the control of contag ious diseases, identification and registration of 
animals, animal welfare, veterinary health prod uct approval, control of harmful organisms, food 
and feed safety, food codex, labelling and tracea bility, hygiene for food establishments, official 
controls, and penal provisions. 
 
Questions: It is mentioned that Law No. 5996 sets out pr ovisions on food and feed, plant health, 
animal health, welfare and zootechnics. Please specify whether there is a relevant law on human 
life and health protection as provided by the WTO SPS Agreement?  Is the export procedure 
regulated by the mentioned Law?  
 Turkey’s Answer: 
Law No 5996 sets out among others provisions on protection of human life and health. It has a 
number of implementing regulations such as those on “Official Controls of Food and Feed, Special Hygiene Rules for Food of Animal Origin”, “Setting Special Rules for Official Controls of Food of 
Animal Origin”, “Registration and Approval Procedures for Food Establishments” “Turkish Food 
Codex Microbiological Criteria”, “Turkish Food Codex Food Additives”, “Turkish Food Codex Labelling”, “Turkish Food Codex Flavorants”, “Turkish Food Codex Maximum Residue Limits of 
Pesticides”, “Turkish Food Codex Classification  and Maximum Residue Limi t of Pharmacologically 
Active Substances in Foodstuffs of Animal Origin”, “Turkish Food Codex Contaminants”, “Turkish Food Codex”, “Articles and Materials in contact with Food”.  WT/TPR/M/331/Add.1 
 
- 166 - 
 
  These Regulations also contain provisions on export provisions in general sense. Yet in exports 
destination countries’ requirements are taken into account.  3.103. p.77 
If there is no EU equivalent legislation, SPS-related measures are developed in accordance with 
the standards, recommendations and guidelines determined by standard setting organizations which are recognized by the WTO. 
 
Question 1: Could Turkey please specify whether there is a scientific risk assessment for each 
measure different from the international standards, i.e. Codex Alimentarius, OIE and IPPC? Where could we get acquainted with such risk assessment?  
 
Question 2: If the same EU legislation acts (regulations) are not developed in accordance with the 
relevant international standards (e.g. standards for several pesticides, antibiotics), what steps 
would be undertaken by Turkey? 
 Question 3: Please clarify what particular issues are not regulated by the EU equivalent 
legislation? 
 Turkey’s Answer for Questions 1, 2 and 3: Turkey either applies existing international 
standards as defined by the WTO Agreement on SPS Measures or adopt higher standards on the 
basis of her own scientific risk assessments.  
 In the same vein, if there is no EU legislation that is in line with an international standard, Turkey 
may opt out either to develop her own standards or adopt existing relevant international 
standards. For example, for certain traditional products (like tahini, tahini halva and grape molasses) for which the EU does not apply any international standards Turkey, in cooperation with 
all stakeholders can develop a national legislation taking national scientific literature into account. 
 In any case, TBT and SPS notifications of dr aft regulations are submitted through WTO NSS 
system. In addition, Department of Risk Assessm ent was established in order to carry out risk 
assessment studies in the MFAL, under General Directorate of the Food and Control. 
 3.105. p.78 
The duties of the Directorate include providing safe  food and feed, determining traceability at each 
stage of the process, registering producers of food and making controls, determining audit principles for feed and feed additives, iden tifying animals and controlling their movement, 
determining health conditions for foreign trade, taking measures to protect consumers and public 
health, and determining the principles for the certification of laboratories. The Directorate also performs risk assessment for all SPS matters.  
Question:  Please provide a source of information (a web-link) where we could get acquainted with 
the risk assessment for Turkish SPS matters?  Please clarify the methods for risk assessment?   
Turkey’s Answer: Information on animal and plant health in Turkey is notified to the OIE and the 
IPPC by semi-annual, annual and emergency reports.   
More detailed information can be obtained from official websites of these organizations.  
For further reading, “www.gkgm.gov.tr “can also be visited.  
 Table 4.14 Livestock support  programmes, 2015 p.135 
 
Question: According to the abovementioned table the support measures are applied inter alia to the following 
programmes: Breeding female cattle and water buffalo support, Breeding female sheep/goat 
support, On-site protection and development of livestock genetic resources. Could you please specify which support measures are applied within the livestock support programmes? Could you 
please also clarify whether the purchase of imported breeding stock and breeding materials is 
supported?  Turkey’s Answer: Please refer to Table 4.14 for the support programs that Turkey applies for 
livestock sector.  WT/TPR/M/331/Add.1 
 
- 167 - 
 
  Purchase of imported livestock and breeding materials is not supported. 
 4.1.5 Strategy and policy  
4.20. p.129 
The 2013-17 Strategic Plan identifies five strategic areas on which to focus, each containing 
specific goals and objectives. The intention of the Plan is to move Turkey towards its 2023 Vision for Agriculture in which Turkey aims to become a country that can feed its population with 
sufficient amounts of safe and high-quality foods; a net exporter of agricultural products; improve 
its competitiveness; and be influential in the field of agriculture within its region and across the world. Table 4.9:  
- to increase plant production through environmentally conscious and effective phytosanitary 
practices that also ensure the preservation of quality;  -to improve and spread integrated and biological  control practices in plant health services; 
 - to improve control and inspection services for plant protection products and application 
equipment. To improve internal and external  quarantine services in plant production. 
 
Question:  Could you please elaborate on the impl ementation progress of the 2013-17 Strategic 
Plan? In your response could you please focus on the Phytosanitary control system improvements and the quality of the quarantine products?  
Turkey’s Answer: Since the adoption of Turkey’s 2013-17 Strategic Plan there have been many 
improvements. The strategy, which is being im plemented by the MFAL, among others enabled 
spread of integrated and biological control practices in plant health services. Achievement recorded 
in the last years led 5 fold increase on a country scale in biological control practices without using 
pesticides. Accordingly, this led to remarkable improvements in control and eradication pesticides and hazardous agents in plant production. 
 
As known, Turkey is candidate country to the EU since the start of the Customs Union in 1995 and at the final stage of full membership.   
On the way to become full member of the EU, Turk ey has continued to take certain steps in many 
areas to harmonize its national regulations with th at of the EU Acquis, including those related to 
SPS standards.  
 
It should be noted that as a member of the WTO,  Turkey is aware of its rights and obligations 
rising from the WTO SPS Agreement. In other words, while aligning itself with the EU Acquis, 
Turkey also takes into consideration WTO SPS Agreement which inherently necessitates 
considering the recommendations and standards of the international sister organizations mentioned in the SPS Agreement in the process of developing SPS standards.   
In doing so, scientific literature is closely followed during the preparation of all regulations. 
Notifications related to measures falling under the scope SPS Agreement are submitted to the WTO on a regular basis. In order to reduce risks, sc ience based risk assessments  are being carried out 
so as to ensure compliance with the WTO SPS Agreement.   
 4.1.3 Trade 
4.1.3.1 Overview 
4.10. p.124  The main source of imports also depends on the product: in 2014, the United States was the main 
supplier of cotton (HS 5201); the Russian Federati on for wheat (HS 1001), sunflower seed oil (HS 
1512), and maize (HS 1005); Paraguay and Brazil for soya beans (HS 1201); Indonesia for palm 
oil (HS 1511); the EU for other food preparations (HS 2106), and sunflower seeds (HS 1206); 
Brazil for unmanufactured tobacco (HS 2401); and Canada for dried leguminous vegetables (HS 
0713).  
Question: Could you please provide information on the ap plicable import duty rate in respect of 
the sunflower oil as well as the information about the application of fixed indicative minimum prices while calculating the import duty rates? In addition, please clarify whether the indicative prices are applicable when calculating the import duty rates for other products, if such exist. How WT/TPR/M/331/Add.1 
 
- 168 - 
 
  does it correlate with the commitments under Article VII of the GATT 1994 and the Agreement on 
the implementation of Article VII of the GATT 1994?   Turkey’s Answer: The tariff rate for sunflower oil was determined as %36 according to the 
Decree No: 2015/8306 published in the Official Journal No: 29579 dated 31 December 2015. 
 On the other hand, a surveillance system has been introduced for the importation of sunflower oil 
imported below a treshold price. The aforementioned surveillance system does not have any 
relevance with the Article VII of GATT 1994, namely the valuation for customs purposes. The only purpose of the surveillance system is to collect sp ecific data and closely monitor the importation of 
products imported below treshold price.  
 
4.1.4 Support programmes 4.16. p.127 
Turkey has not notified its domestic support pr ogrammes to the WTO during the review period, 
thus the discussion on supports relies heavily on information from outside sources, in particular the OECD. According to the Ministry of Food, Agriculture and Livestock, Turkey paid TL 9.1 billion 
in 2014 for direct support payments; by comparis on, in 2011, TL 7.84 billion had been paid in 
direct support payments. Over the period 2003-14, a cumulative TL 70 billion had been paid and 
allocated as support payments.  
Question: When is Turkey going to provide information on the new domestic support 
programmes, and, specifically, on the trade-distorting domestic support measures in accordance with Article XVIII of Agreement on Agriculture? 
 
Turkey’s Answer: Turkey has started a work program to notify its pending agricultural sector 
support programs, on a gradual basis.  
 
In due course, we are looking for understandi ng of all members to complete this work. 
 3.3.4 State trading, state-owned enterprises, and privatization  
3.3.4.1 State Trading Enterprises 
3.177 p. 100-101 Turkey continues to notify the Turkish Red Crescent (TRCS) as the only state-trading entity 
pursuant to the provisions of Article XXVII:4(a)  and the Understanding on the Implementation of 
Article XVII. The last full notification was made in 2012 and enumerates 7 HS 12-digit tariff lines pertaining to chemicals or medicines used to fight against malaria and syphilis. Pursuant to the 
exclusive rights granted to this non-profit aid or ganization, TRCS is the sole importer of these 
products. During the period covered by the notification, 2010-11, only potassium iodide was imported, amounting to 18,000 and 20,000 kg in 2010 and 2011, respectively.  
Question:  What is the reason that Turkey has not notified its marketing boards as state trading 
enterprises within the meaning of Article XVII of the GATT 1994 and the Understanding on the 
Interpretation of Article XVII, if autonomous TRQs  are mainly allocated to such marketing boards 
(paragraph 4.13 of the Secretariat Report) and th ey have been given “an exclusive rights to 
import” under tariff quotas (paragraph 4.44 of the Secretariat Report)?  
Turkey’s Answer:  Turkey has been notifying, the imports of Turkish Red Crescent within the 
context of the WTO Agreement on Imports Licencin g. TRC is the only state and commercial entity 
which has the exclusive right to import specific ch emicals and medicines used in vaccines. The said 
notification has been made only to the Committee on Import Licensing in order to avoid any 
double notification. 
 In Turkey, the alcohol and tobacco products sector operates under free market conditions and 
Tobacco and Alcohol Market Regulatory Authority (TAPDK) which regulates and supervises the 
tobacco and alcohol markets, takes a regulatory role  to ensure the operability of these conditions. 
Also, there is no State Trading Enterprise (STE) in alcohol and tobacco products manufacturing 
sector in Turkey. 
 General Directory of Meat And Milk Board (ESK) was founded under the title of “Meat and Fish Authority”, as a State Economic Enterprise under the directorship of Ministry of Trade on 
01/10/1952 upon the Coordination Board Decision  No: K/871 which was approved by the Decree WT/TPR/M/331/Add.1 
 
- 169 - 
 
  No: 3/15597 dated 28/08/1952 of the Cabinet pursuant  to Article 6 of the National Protection Law 
No: 3780.  Foundation of ESK coincides with a period when the private sector, capital accumulation and 
industry and trade were underdeveloped and qualified personnel were scarce. The foundation 
objectives are to ensure development in livestock and meat sector as well as in other sectors, to increase employment and to promote economic life . But after Turkey had adopted export oriented 
policies and privitize most of its state economic entreprises ESK also changed its role. In this 
context, ESK solely makes purchases and marketing through its outlets and does not make intervention in private sector.  
In addition, ESK follows the below-mentioned policies since its foundation: 
- To promote the national livestock industry to contribute to its stable development, - To contribute to the formation of the price stability in the market by forming balance between 
the producer and consumer. 
- To play a regulatory and supportive role in the sector by performing the production and 
marketing activities so as to contribute to the development of the livestock sector. 
- To offer service in line with the principles of profitability and productivity by meeting the 
competition requirements in the sector pursuant to the rules of the market economy.  4 Trade policies by sector 
4.1 Agriculture 
4.1.3 Trade 4.1.3.2 TRQs 
4.12 p. 124  
The procedures and principles related to the ad ministration and allocation tariff quotas are 
determined in the related Decrees and Communiqués on Tariff Rate Quotas for Importation of 
Certain Agricultural and Processed Agricultural Products for the related country. In general, the 
importer applies for a licence for the quota from the Ministry of the Economy which in turns issues the licences on a first-come, first-served basis to importers or producers using them or consuming them in downstream production. Quotas are continually issued until the amount is exhausted. 
 
Questions:  How are the autonomous TRQs allocated among the supplying countries? To what 
countries does Turkey allocate the autonomous TRQs?  
 
Turkey’s Answer:  Country specific TRQs mentioned above are the ones that have been opened 
in line with Turkey’s Free Trade Agreements concluded with a number of countries. 
 
On the other hand, autonomous TRQs are not country specific and the products within the context of those TRQs can be imported from any country.  
4.13 p. 124 
Regarding autonomous quotas, during the period 2011-15, the Council of Ministers approved a number of tariff-rate quotas for agricultural products (Table 4.5). These mainly concerned 
commodity crops, in particular wheat and rice. Th ese quotas are issued in response to market 
conditions and to meet shortfalls in the domest ic market. They are mainly issued to marketing 
boards (see section 4.1.9). 
 
Question:  Could Turkey explain the reasons why autonomous TRQs are mainly issued to 
marketing boards?   
Turkey’s Answer:  As stated in the Secretariat Report, autonomous TRQs, which mainly concern 
commodity products, are generally allocated to the marketing boards in charge of regulating market conditions with the purpose of meeting the shortfalls in the domestic market as well as 
preventing further increases in prices. 
 4.14 p. 124 
According to the authorities, these quotas are implemented in line with non-discrimination and 
transparency principles; quotas are provided to  all importers and their requests are evaluated 
based on their previous performances; and quotas are aimed to be provided in quantities that 
represent economic value. 
 WT/TPR/M/331/Add.1 
 
- 170 - 
 
  Question:  Could Turkey please clarify which TRQs are allocated on a first-come, first-served basis 
and on a previous performance basis?  Turkey’s Answer:  Turkey’s quota allocation methods have been set in its Tariff Quota Legislation. 
Individual quotas and tariff quotas have been administered according to the specific market 
conditions, consumer behavior, density of producers and the special economic interests of consumers and users of quota. Thus, every single quota allocation method chosen from available 
quota allocation methods is announced to public beforehand and the administration pays utmost 
importance to transparency and predictability of the system.  Table 4.6 p.125-126 
 
Questions:  Does the last column of the Table 4.6 me an that TRQs are opened only for certain 
countries? Except for the case of FTA’s TRQs, why are the other WTO Members excluded from the 
TRQ allocation? 
 Turkey’s Answer: The TRQs listed in the table 4.6 are TRQs that are opened in line with the 
preferential trade agreements . For the case of those TRQs, the products can be only imported 
from the countries or country groups that Turkey has concluded free trade agreements.   4.1.6 Export subsidies 
4.25. p.131 
Turkey's export subsidies are provided to de velop Turkey's export potential in processed 
agricultural products. They have been provided through various decrees during the review period 
to producer/exporters or exporters. The subsidies take the form of a deduction of debts to public 
corporations (taxes, social insurance premium costs, energy costs, telecommunication costs) from the subsidy entitlement. Goods eligible are those of Turkish origin and products may be exported 
to all markets. 
 4.26. p.131 Pursuant to its subsidy notifications to the Committee on Subsides and Countervailing Measures, 
Turkey's export subsidies vary significantly depend ing upon the product. During the review period 
there have been no changes in the percentage shar e of the products eligible to receive the subsidy 
during 2013-15. Since 2013, the export subsidy rate notified has been changed from U.S. dollars 
to Turkish Lira. The maximum payment rate has declined slightly in a number of cases (Table 
4.10). According to the authorities, Turkey's WTO commitments and its budgetary constraints 
determine the percentage share eligible to receive the subsidy and its variations. 
 
Question 1:  Does Turkey consider notified export subsidies as export subsidies within the 
meaning of Articles IX and X of the Agreement on Agriculture?  
Turkey’s Answer: Turkey considers that notified subsidies are provided within the meaning of 
Articles IX and X of the Agreement on Agriculture.  
Question 2:  Is Turkey going to eliminate these expo rt subsidies according to the Ministerial 
Decision on Export Competition of the Nairobi Ministerial Conference?  
Turkey’s Answer: Turkey, as a developing country, will comp ly with the agreed provisions of the 
Nairobi Ministerial Decision.   Table 4.10 p. 131-132 
 
Question 1:  Does Turkey provide any export subsidies for cereals and cereal flour? 
 
Turkey’s Answer:  Although cereals and cereal flour is included in the Export subsidy commitment 
Schedule of Turkey, currently no export subsidy is provided for cereal and cereal flour.   
Question 2:  It is impossible to compare the data in ta ble 4.10 with Turkey’s WTO export subsidy 
reduction commitments due to the lack of informat ion on the quantity of subsidized exports. Is 
Turkey going to provide the relevant noti fications ES:1 during the review period? 
 WT/TPR/M/331/Add.1 
 
- 171 - 
 
  Turkey’s Answer:  Turkey will comply with its notificati on requirements by the next meeting of 
the Committee on Agriculture which will be held on 7-8 June, 2016.  4.36. p. 136 
Turkey maintains four marketing boards for agricultural products: the Turkish Grain Board, the 
Meat and Milk Board, Sugar Authority, and Toba cco and Alcohol Market Regulatory Authority. 
These are all state-owned and operated entities. 
 
Question:  Please explain whether the four marketing boards are state trading enterprises? If so, 
is Turkey in a position to provide the necessar y information as provisioned in the Ministerial 
Decision on Export Competition of the Nairobi Ministerial Conference (Agricultural Exporting State 
Trading Enterprises)? 
 Turkey’s Answer: It would not be correct to say that the Marketing Boards mentioned in the 
Report by the Secretariat enjoy exclusive rights and/or special privileges within the meaning of 
Article XVII of the GATT 1994.  When the level of overall economic actvity is considered, one can 
see the limited role they play in Turkish economy.  There is no intention either to expand their role 
in any sectors.  
 As one of the listed Marketing Boards, Tobacco an d Alcohol Market Regulatory Authority (TAPDK) 
supervises the tobacco and alcohol markets, takes a regulatory role to ensure the operability of 
these conditions while the alcohol and tobacco products sector totaly operates under free market 
conditions.   
Turkish Grain Board (TMO) which operates on the grounds of profitibality regulates grain markets 
and prevents extreme price volatility without in tervening the functioning of grain markets.  
 
Meat and Milk Board (ESK) maintains market stabil ity and prevents unfair and speculative actions, 
while contributing to economic and social development.  Sugar Authority has only a regulatory and supervisory role in the sector. Policies and strategies 
developed aim at the operation of the sector in balance.  
 Neither of the listed entities above has a role in terms of pricing. Prices are determined under free 
market conditions without any government intervention. Turkish Sugar Authority is not a state 
trading enterprise; it determines the procedures, principles and conditions related to sugar production and marketing. It has regulatory aspect s, such as granting permission for the operation 
of new facilities or expanding them, conducting inspections, and R&D activities. The Sugar 
Authority oversees the sugar quota system, audits the sugar factories and sugar containing food producers but the Authority does not participate in any sugar trade activity.   
4.39 p. 136 
Under certain circumstances, the Cabinet of Mini sters allocates TRQs for TMO imports, and these 
are not permanent. Under the provisions of the TR Q, customs duties are often lowered to 0% for 
TMO imports. According to the authorities, bo th TMO and private companies can have customs 
duties lowered to 0% on imports. TMO can resell im ported grains either domestically or for export, 
often when there are surpluses. 
 
Question: Please describe the mechanism to determine the imported products resale prices by the 
marketing board.  
 
Turkey’s Answer: TMO operates according to market conditions. Sales prices are also determined 
by the market dynamics. In other words, there is no specific mechanism to determine the imported products resale prices by the TMO. 
 
QUESTIONS REGARDING THE GOVERN MENT REPORT (WT/TPR/G/331) 
 
3.3.1.2 Modernization of Existing Free Trade Agreements 
EFTA Free Trade Agreement 3.49. p. 11 The Turkey-EFTA FTA, which entered into force on  1 April 1992, establishes a preferential trade 
regime between Turkey and EFTA States regarding industrial goods, fisheries and processed WT/TPR/M/331/Add.1 
 
- 172 - 
 
  agricultural products. Currently, Turkey and EFTA States initiated negotiations in order to revise 
and enhance the scope of the FTA.  3.50.  p. 11  
In revision process, parties are aiming at revision of the existing chapters of the FTA, namely trade 
in goods and related areas (such as technical barriers to trade, sanitary and phytosanitary measures, trade remedies), intellectual property  rights, competition and horizontal and legal 
provisions, as well as to enhance the scope of th e FTA by including new chapters, concerning trade 
in services, trade facilitation and trade and sustainable development therein.  Question:  Could Turkey please clarify what particular changes concerning the SPS measures will 
be made while reviewing the Turkey-EFTA FTA? 
 Turkey’s Answer:  The Turkey-EFTA FTA, which entered into force in 1992, lays down the SPS 
measures with a general provision under the “Trade  in Agricultural Products” heading. Article 11.3 
of the FTA reads that “The States Parties to this Agreement shall apply their regulations in veterinary, plant health and health matters in a non-discriminatory fashion and shall not introduce 
any new measures that have the effe ct of unduly obstructing trade”.  
 Accordingly, in the revision process, which is currently ongoing, Turkey has the intention to have an SPS chapter in the revised FTA, which reaffirm s both sides’ rights and obligations stemming 
from the WTO SPS Agreement. WT/TPR/M/331/Add.1 
 
- 173 - 
 
  ECUADOR 
 Preguntas del Ecuador Informe Secretaría de la OMC.- 
 
1. De conformidad con la página 13, párrafo 15: “Turquía mantiene empresas públicas o juntas de comercialización para los cereales, el azúcar, la 
carne y las bebidas alcohólicas y los productos del tabaco que, en función del producto y de la 
junta de comercialización de que se trate, desempeñan un papel en el comercio, la producción o la fijación de precios de esos productos”.  
Podría explicarnos Turquía cómo las actividades de las mencionadas juntas de comercialización se 
ajustan a las disposiciones contenidas en el artículo XVII, y su nota complementaria al párrafo 1, del GATT de 1994.  
 
Además, respecto al rol de fijación de los precios de los productos abarcados por la junta, podría informarnos Turquía qué medidas ha tomado para que esa función, que se podría considerar como 
un privilegio especial, se lleve adelante en virtud de las consideraciones de carácter comercial 
cuando se trate de actividades de compra y venta de los productos en cuestión?  Turkey’s Answer: It would not be correct to say that the Marketing Boards mentioned in the 
Report by the Secretariat enjoy exclusive rights and/or special privileges within the meaning of 
Article XVII of the GATT 1994.  When the level of overall economic actvity is considered, one can 
see the limited role they play in Turkish economy.  There is no intention either to expand their role 
in any sectors.  
 As one of the listed Marketing Boards, Tobacco an d Alcohol Market Regulatory Authority (TAPDK) 
supervises the tobacco and alcohol markets, takes a regulatory role to ensure the operability of 
these conditions while the alcohol and tobacco products sector totaly operates under free market conditions.   
Turkish Grain Board (TMO) which operates on the grounds of profitability regulates grain markets 
and prevents extreme price volatility without in tervening the functioning of grain markets.  
 
Meat and Milk Board (ESK) maintains market stabil ity and prevents unfair and speculative actions, 
while contributing to economic and social development.  
Sugar Authority has only a regulatory and supervisory role in the sector. Policies and strategies 
developed aim at operation of the sector in balance.   Neither of the listed entities above has a role in terms of  pricing. Prices are determined under free 
market conditions without any government intervention 
 2. De conformidad con las páginas 52 y 53, párrafo 3.14: 
“desde 2009 se exige un registro especial en el caso de los importadores de productos textiles y 
ropa, a efectos de vigilancia. A fin de obtener la certificación necesaria para importar estos productos, hay que facilitar los datos de contacto de la empresa exportadora, así como 
información sobre su tamaño, ventas (incluidas las exportaciones a otros destinos) y certificados 
de calidad internacionales”.  Según lo expuesto, parecería que ese registro especial se trataría de un requisito previo a la 
importación. Al respecto, en virtud de la normativa multilateral de la OMC, podría indicarnos 
Turquía bajo qué disposición se aplica este procedimiento y el objetivo de la prescripción de este requisito? 
 
Turkey’s Answer:  Registration under Communiqué No. 2010/1 on imports of textile, apparel 
products and footwear is in force since January 1, 2010. The Communiqué was published in the 
Turkish Official Gazette dated 31/12/2009 No.27449 (bis. 2).  
 Trade diversions, circumventions and other unfair trade practices have often been observed especially in textile, apparel and footwear sectors. Also, there have been anti-dumping measures 
in force including these sectors. In order to pr event possible attempt of trade diversion, these WT/TPR/M/331/Add.1 
 
- 174 - 
 
  sectors need to be monitored in an updated database closely. Export registration requirement is 
serving that purpose without creating unnecessary burden and paperwork for traders.  The exporter registry form should be submitted on ce in a year, and then renewals and updates can 
be made on the Internet. Information requested with  export registry form are legal titles, address 
and other communication details, number of employees, total sales, international quality certificates and other export countries. Parts of the exporter registry form that are regarded as 
addressing commercial secrets, could be waived as “Firm’s commercial secret”.  
 3. De conformidad al párrafo 53, párrafo 3.15: “Algunas mercancías solo se pueden importar a través de oficinas de aduanas especializadas. La 
finalidad de estas prácticas aduaneras es lograr que las oficinas de aduanas sean más 
disciplinadas; mejorar los procedimientos aduaneros para determinadas mercancías y canalizar esas mercancías hacia las oficinas de aduanas especializadas; velar por el cumplimiento de las 
normas; y controlar efectivamente las cuestiones relacionadas con los aranceles, la valoración y el 
origen. Por ejemplo, el despacho de los vehícu los automóviles, tractores, motocicletas y sus 
recambios y accesorios debe efectuarse en las ofic inas de Yesilkoy, Gebze, Izmit, Esmirna, ersin, 
Derince o Giresun; Las importaciones de mercancías para el sector de la alimentación deben 
despacharse en las oficinas de Ankara, AliaÄa , Esmirna, Adana, Bursa, Gemlik, Gaziantep, 
TekirdaÄ o el complejo petroquímico de Körfez. 
 
Podría comentarnos Turquía cómo esta medida sobre importación de mercancías a través de 
oficinas de aduanas especializadas cumple con la prescripción contenida en el párrafo 1, artículo XI del GATT de 1994, que establece que ninguna parte contratante impondrá o mantendrá, aparte de 
los derechos de aduana, impuestos y otras cargas, prohibiciones ni restricciones a la importación 
de un producto del territorio de otra parte contratante?  
Turkey’s Answer: The reasons that Turkey applies specialized customs practice for specific goods 
are to make the customs offices more disciplined, to specialize in customs procedures for certain goods and canalize these goods to specialized customs offices with appropriate equipment and personnel, to protect the obligatory standards expected to be met for the imported goods and 
finally to make effective customs controls on tariff, customs value, origin matters. Thus, 
application of specialized customs does not imply imposing or maintaining prohibitions or restrictions on the importation of those products. Besides, not all the goods but only some specific 
goods such as metal waste, petroleum products, motor vehicles and their spare parts which 
requires special customs control procedures and/or hardware (for instance radiation detection etc.) 
are subject to specialized customs application. Wi thin the explanations above, Turkey emphasizes 
once again that application of specialized customs cannot be considered as a trade policy and it is 
not incompatible with paragraph 1, article XI of the GATT 1994.  4. De conformidad con las páginas 66 y 67, párrafo 3.45: 
“El precio del precinto es el mismo para las mercancías importadas y las producidas en Turquía, 
salvo la cerveza; en ese caso la diferencia de precio se debe al costo del papel timbrado. Según lo expuesto, la diferencia de precio se debe al costo del papel timbrado”. 
 
Para el caso de las mercancías importadas, la etiqueta codificada puede colocarse: (i) en el lugar de producción en el extranjero antes de enviar el producto a Turquía; ii) en las zonas aduaneras 
destinadas a las bebidas alcohólicas y los productos del tabaco en Turquía; o iii) en instalaciones 
gestionadas por una empresa autorizada en las provincias de Estambul, Esmirna o Mersin.  Sobre la base de lo expuesto, podría informarnos Turquía en dónde se origina esta diferencia de 
precio? 
 Qué acciones ha emprendido desde su último Exam en de Políticas Comerciales en dónde se indicó 
que “las autoridades turcas están examinando varias opciones para eliminar la diferencia de 
precio”.   
Cómo se justifica, conforme las disposiciones multilaterales de no discriminación, el aparente trato 
menos favorable que se estaría otorgando a la cerveza importada, en el caso que el precio del precinto sea mayor para el producto importado en relación a la cerveza nacional.  WT/TPR/M/331/Add.1 
 
- 175 - 
 
  Turkey’s Answer: Turkey has been implementing a strip-stamp (banderole) requirement for 
alcoholic beverages and tobacco products since 2007. Exemptions to this requirement apply to alcoholic beverages of 5cl or less and wine during the aging process.   
The stamp contains a code to be applied on each product. It has been provided for equalization of 
code/coded label/tax stamp/ prices for domestic and imported tobacco and alcoholic beverages products and thus eliminated price discriminatory of unit prices for tobacco and alcoholic 
beverages products as of 10th June 2015.  
 Additionally, with the new tender it has been abolished completely bandrol/coded label application in the authorized company’s facilities in İstanbul, İzmir and Mersin. On the other hand, it can be 
applied tax stamps (banderole) or coded labels in production sides abroad before products are 
shipped to Turkey and also in free zones and bonded warehouses.  
5. De conformidad a la página 90, párrafo 3.119, respecto de los impuestos aplicados a las 
exportaciones de pieles en bruto, avellanas sin cáscara y avellanas con cáscara. “Los ingresos procedentes de esos impuestos se canalizan hacia el Fondo de Sostenimiento y Estabilización de 
los Precios”. 
 Podría Turquía informarnos sobre el funcionamiento y objetivo del Fondo de Sostenimiento y Estabilización de los Precios, qué productos y actores de la cadena productiva se benefician del 
mismo (productores, comercializadores o exportadores), y su relación con los precios de venta 
para la producción o exportación?  
Turkey’s Answer: Price Stabilization and Support Fund functions as an instrument to support 
activities aiming to realize social and economic goals set out in the development plans and annual programs without prejudice to our international commitments. All trading and manufacturing 
enterprises and all sectors can benefit from this f und. This fund has no effect on the sales prices. 
 6. De conformidad con las páginas 105 y 106, párrafo 3.159, respecto de TURQUALITY, programa nacional de marcas de Turquía. Según el párrafo mencionado supra, es el Estado quien paga el 
50% de los gastos de la empresa en concepto de servicios de apoyo TURQUALITY® para la 
creación de marcas y la entrada en mercados internacionales.  
Asimismo, se señala que TURQUALITY se trata de una iniciativa del Ministerio de Economía, la 
Asamblea Turca de Exportadores (TIM), y la Asociación de Exportadores de Textiles y Prendas de Vestir de Estambul. 
 
Por tratarse de desembolsos que cubren el 50% de los gastos de las empresas que exportan 
(creación de marcas y la entrada en mercados internacionales), podría indicarnos Turquía si existe algún requisito del tipo de producto y volumen de exportación que se pueden beneficiar de esta 
medida, el requisito que deben cumplir las empresas para beneficiarse de este programa y qué 
actividades productivas se ven favorecidas por esta medida?  
Turkey’s Answer: There is not any requirement of product type and export volume for the 
companies to be admitted into the program. The requirement that the companies must meet in 
order to benefit from this program is the level of their institutional capacity.  
 
As a “national brand-building program”, TURQUALITY ®’s goal is to facilitate the success of Turkish 
brands on international arena with a vision of “q uality in brand management” by providing highly 
customized strategic coaching and consulting. 
 
7. De conformidad con la página 106, párrafo 3.161, respecto de las notificaciones que Turquía presentó al Comité de Subvenciones y Medidas Compensatorias de conformidad con el párrafo 1 
del artículo XVI del GATT de 1994 y el artículo 25 del Acuerdo sobre Subvenciones y Medidas 
Compensatorias (Documentos G/SCM/N/220/TUR,G/SCM/N/253/TUR/Suppl.1y G/SCM/N/253/TUR /Suppl.2). 
 
Como se especifica en el mencionado párrafo, las notificaciones abarcan efectivamente programas de subvenciones a la exportación de productos agrícolas. No obstante, en el documento G/SCM/N/253/TUR, Programa de Subvenciones a la Exportación de Productos Agropecuarios 2012, 
se especifica que las subvenciones “se otorgan a los productores/exportadores o a los WT/TPR/M/331/Add.1 
 
- 176 - 
 
  exportadores deduciendo de la subvención a qu e tienen derecho las deudas que hayan contraído 
con entidades públicas”.  Según lo expuesto, este programa también estaría subvencionando a la producción nacional de los 
bienes referidos en el punto 7 de dicho documento. 
 Podría indicarnos Turquía cómo este programa se ajusta a las disposiciones multilaterales, 
especialmente, respecto de sus compromisos en materia de medidas de ayuda interna? 
 Por qué motivo no se ha notificado este progra ma conforme las prescripciones del Acuerdo sobre 
la Agricultura de la OMC, tanto para el caso de las subvenciones a las exportaciones como las 
medidas de ayuda interna? 
 Turkey’s Answer:  Turkey’s export subsidy program is in line with its WTO commitments and is 
not structurally related to any local support mechanism. The term “Producer/Exporters” indicates 
companies which engage in not only export activities but also in manufacturing activities.  
8. De conformidad con la página 136, párrafo 4.13, referente a los contingentes arancelarios para 
productos agropecuarios y que la mayoría de los contingentes se asignan a las juntas de comercialización.  
Podría indicarnos cuál es el objetivo de asignar la mayoría de licencias de importación a las juntas 
de comercialización. Este privilegio tiene alguna relación con el papel de fijación de precios especificada en la la página 13, párrafo 15 del Informe de la Secretaría de la OMC? 
 
Turkey’s Answer: In the agricultural sector, Turkey maintains a number of TRQs.  
 
Some of those are autonomous TRQs which are not country specific. Those TRQs mainly concern 
commodity products such as cereals and are generally issued in response to market conditions with the purpose of meeting the shortfalls in the domestic market. In some cases, they are 
allocated to the marketing boards. 
 
On the other hand, some of the TRQs are opened in line with the preferential trade agreements. 
These TRQs are generally allocated to the applicants in line with the Comminiques published in the 
Official Journal. 
 9. De conformidad a la página 138, párrafo 4.17, Cuadro 4.7 “Programas de ayuda al sector 
agropecuario de Turquía, 2015”, en relación al Modelo de producción y ayudas para las cuencas 
agrícolas.  En el Cuadro 4.7 se especifica que este modelo se trata de pagos marginales para 17 productos en 
30 cuencas de Turquía. Se revisaron las notificaciones de Turquía sobre medidas de ayuda interna 
y su última notificación corresponde al año 2001.  
Podría explicarnos Turquía, con mayor detalle, sobre el funcionamiento del Modelo de producción y 
ayudas para las cuencas agrícolas, cuáles serían los productos que abarca la medida y la justificación normativa de este programa de ayuda interna al sector agropecuario, conforme las 
disposiciones del Acuerdo sobre Agricultura de la OMC? 
 Turkey’s Answer: Sustainability of its agricultural sector is a matter of priority for Turkey. In the 
same vein, for the generations to come, protection of natural resources is approached as an issue 
that is highly important. Turkey believes that among others, agricultural support policies have a 
role to play in that regard.   
In compliance with the commitments under the WTO Agreement on Agriculture, agricultural 
support payments are provided for the strategically important products for which there is a supply deficit, -namely,   sunflower oil, cotton unseed, soybean, corn, rapeseed, safflower, wheat, barley, 
rye, oat, triticale, paddy rice, dry bean s, chickpeas, lentils, tea and olive oil. 
 Through the use of agricultural statistics and satellite imaging, agricultural basins are determined on the basis of certain criteria, including ecological conditions of the regions. While the overall WT/TPR/M/331/Add.1 
 
- 177 - 
 
  objective of the Agriculture Basins Model is to increase productivity, with crops being produced on 
its own ecology, it is also aimed to contribute sustainable use of natural resources.  10. De conformidad a las páginas 139 y 140, párrafo 4.18, Cuadro 4.8 Principales medidas de 
ayuda a la agricultura, 2011-2014, en relación a las medidas adoptadas por Turquía. 
 “Aunque el empleo de pagos desconectados se interrumpió en 2009, los pagos basados en la 
producción han aumentado. Durante el período obje to de examen, la Estimación de la Ayuda a los 
Productores (EAP) de Turquía (según la OCDE) ha  tendido a aumentar (salvo en 2012, en que 
registró una ligera disminución). La mayor parte de la EAP consiste en pagos en concepto de sostenimiento de los precios de mercado, que entre 2011 y 2014 aumentaron del 72% al 76%”. 
 
Podría informarnos Turquía a qué se refiere con “otras medidas de sostenimiento de los precios de mercado (cuadro 4.18)”, los productos cubiertos por esa medida, y bajo qué disposiciones del 
Acuerdo sobre la Agricultura de la OMC se justifican estas medidas catalogadas como pagos en 
concepto de sostenimientos de los precios de mercado.  
 
Turkey’s Answer: As the Report by the Secretariat me ntions, Turkey’s Producer Support 
Estimate (PSE) is calculated by the OECD.  Referred Table 4.8 in the Report brings together main measures of agricultural support during 2011-2014, based on OECD data.    
As an indicator of the annual monetary value of  gross transfers from consumers and taxpayers to 
support agricultural producers, PSE modelling is different from that of the WTO AoA and provides 
an indication rather than an actual use of any support.  
 
Turkey does not provide Market Price Support  within the meaning of WTO Agreement on 
Agriculture. WT/TPR/M/331/Add.1 
 
- 178 - 
 
  ADDITIONAL QUESTIONS RECEIVED FROM ECUADOR 
Preguntas adicionales de Ecuador 
 Informe de Secretaría: 
 
1.De conformidad con la página 31, párrafo 2.9, el Gobierno de Turquía, en el Décimo Plan de Desarrollo 2014-2018, ha establecido 25 programas prioritarios en los que centrará su labor, 
vinculadas a la política comercial, siendo uno de  ellos, el Programa para la Reducción de la 
Dependencia de las Importaciones.  
Al respecto, podría indicarnos Turquía ¿Qué tipo de medidas comerciales se contemplan en el 
mencionado Plan?  Turkey’s Answer: Turkey will be answering this late co ming question in the aftermath of the 
review session. 
 2. De conformidad con la página 62, párrafo 3.8, en relación a los certificados de circulación de 
mercancías EUR.1 o EUR-MED (para las importaciones procedentes de países no pertenecientes a 
la UE con los que Turquía tiene acuerdos de libre comercio), podría Turquía informarnos ¿Cuáles son los requisitos para obtener el certificado EUR.1 o EUR.MED, y si este tipo de certificados se 
realiza por cada importación o tiene du ración por un periodo determinado? 
 Turkey’s Answer: Turkey will be answering this late co ming question in the aftermath of the 
review session 
 
3. De conformidad con la página 83, párrafo 3.88, en Turquía, todos los productos, ya sean importados o de producción nacional, están sujetos a actividades de vigilancia del mercado a cargo 
de 10 autoridades públicas.  
 En este sentido, podría Turquía indicarnos ¿Cuáles son las 10 autoridades públicas, encargadas de 
la vigilancia del mercado? 
 Turkey’s Answer: Turkey will be answering this late co ming question in the aftermath of the 
review session 
 
4. De conformidad con la página 96, párrafo 3.135, las diversas cámaras de comercio y uniones de cámaras de Turquía también participan intensamente en actividades de promoción de las 
exportaciones. 
 En este contexto, podría Turquía informarnos ¿Dónde se puede obtener información sobre 
las Cámaras de Comercio y Uniones de  Cámaras que existen en Turquía? 
 Turkey’s Answer: Turkey will be answering this late co ming question in the aftermath of the 
review session 
 
5. De conformidad con la página 101, párrafo 3.15 2, El KOSGEB tiene varios programas de ayuda 
para las PYMEs que se rigen por su reglamentación en la materia, podría Turquía explicarnos 
¿Cómo clasifica a sus PYMEs y cuáles serían los incentivos que se otorgan de acuerdo a dicha 
clasificación?  
Turkey’s Answer: Turkey will be answering this late co ming question in the aftermath of the 
review session  6. De conformidad con la página 114, párrafo 3.178, Conforme al Programa General Anual de 
Inversión y Financiación 2015, las empresas estatales tienen que establecer un sistema de control 
interno para finales de 2016.  
Al respecto, podría Turquía indicarnos ¿Cómo funciona el sistema de control interno que se refiere 
dicho Programa?   WT/TPR/M/331/Add.1 
 
- 179 - 
 
  Turkey’s Answer: Turkey will be answering this late co ming question in the aftermath of the 
review session 
 
7. De conformidad con la página 121, párrafo 3.198, hay dos tipos diferentes de preferencias nacionales permitidas actualmente por la PPL. En primer lugar, si el valor del contrato es inferior al 
valor de umbral la entidad contratante puede limitar la participación en el procedimiento de 
contratación a los proveedores o contratistas nacionales únicamente. En segundo lugar, independientemente del valor del contrato, ya sea inferior o superior al valor de umbral, en la 
contratación de servicios y obras se puede otorgar una ventaja de precios de hasta el 15% a todos 
los licitadores nacionales y en la contratación de mercancías se puede otorgar una ventaja de precios de hasta el 15% a los licitadores que ofrezcan productos nacionales determinados por el 
Ministerio de Ciencia, Industria y Tecnología y otras instituciones competentes. 
 En este sentido, podría Turquía explicarnos ¿Dónde se puede encontrar el listado de productos nacionales determinados por el Ministerio de Ciencia, Industrias y Tecnología y otras 
instituciones, de los productos que pueden acceder a la ventaja de precios de hasta el 15%? 
 
Turkey’s Answer: Turkey will be answering this late co ming question in the aftermath of the 
review session 
 
8. De conformidad con la página 121, párrafo 3.107, en el ámbito fitosanitario, durante el período 
objeto de examen, Turquía ha venido aplicando un programa nacional de sanidad vegetal y 
mejorando las actividades de cuarentena fitosanitaria y pasaporte fitosanitario, dicho  programa  nacional  de  sanidad  vegetal  incluye  la  vigilancia  de  plagas y enfermedades en todo el país mediante estudios basados en los riesgos y se centra en promover la gestión integral de plagas. 
Las actividades de gestión de plagas se realizan de conformidad con los principios de la gestión 
integral de plagas, que incluyen sistemas de alerta temprana y el control biológico. Otros 
componentes importantes del programa nacional de sanidad vegetal son el establecimiento de 
zonas libres de plagas, las actividades de erradicación, la formación de agricultores y la emisión 
de certificados fitosanitarios.  En este contexto, podría Turquía indicarnos ¿Para qué plagas se han realizado estudios  sobre 
áreas libres? y ¿Dentro de vigilancia fitosanitaria, existe un programa específico que realice 
control en especies de moscas de la fruta? 
 
Turkey’s Answer: Turkey will be answering this late co ming question in the aftermath of the 
review session. 
 WT/TPR/M/331/Add.1 
 
- 180 - 
 
  COSTA RICA 
PART I: QUESTIONS REGARDING THE SECRETARIAT REPORT  
 Page 19 (footnote 10) 
 According to the authorities, in order to redu ce the current account deficit permanently, in 
particular by lessening the dependency of ener gy imports, priority transformation programmes 
have been prepared under the Tenth Development Plan such as "Reducing Dependence on 
Imports" and "Energy Generation Based on Local Resources”.  
Questions:  
 1. Could the government of Turkey elaborate furt her on its energy policy, particularly in 
respect to renewable energies? 
 
Turkey’s Answer: Turkey has a prominent advantage on renewable energy resources due to its 
geological structure and location.  Turkey’s energy strategies are designed on the basis of utilizing 
the renewable capacity at maximum, assuring the energy supply security and creating new 
employment areas. Turkey pursues a strategy for efficient energy production and utilization in 
order to eliminate the supply side risks and to create a market oriented environment based on 
competition. The Ministry of Energy and Natural Resources generates the strategies focusing on 
supply security; alternative energy resources, reso urce variety, domestic and renewable resource 
management, sustainability, open energy market  and energy efficiency. These policies are 
conducted in accordance with the realities of Turkey and the global dynamics, by using the 
advantages of geopolitical location. In this regard, the main strategies and policies are based on 
the aim of increasing the share of renewable ener gy resources and increasing energy efficiency. 
With the Electricity Supply Strategy Paper which is established in 2009, Turkish Government set 
out the targets to achieve a share of 30% for renewable energy resources in electricity generation 
by 2023.   
In order to decrease import dependency and increa se diversification to secure our supply, it is 
aimed; 
- to increase the share of renewables 
- to introduce nuclear energy 
- to increase share of domestic coal based power plants 
- to decrease share of natural gas in electricity generation 
- to increase number and capacity of gas storage facilities 
- to increase number and capacity of LNG facilities   
 In 2011, Turkey amended the Law on the Utiliza tion of Renewable Energy Resources for the 
Purpose of Generating Electricity, to apply differ entiated feed-in tariffs for renewable energy. The 
new Electricity Market Law which is accepted in 2013 and the 10th Development Plan (2014-2018) lay further foundations for the legal framework for promoting energy production from renewables.  
The installed power of renewable energy resources increased by 2.5 times in 2015 according to 
2002 while the electricity generation from rene wables increased by 142% in 2015 according to 
2002. In 2014, 45% of the 5,512 Mw increase of  installed power capacity came from the 
renewable resource increase, while almost the whole increase came from the renewables in 2015.   
 
2. Has the government of Turkey included any process of reform of its fossil fuel policy 
–including subsidies - on its transfor mation programmes; such as “Reducing 
Dependence on Imports" and "Energy Ge neration Based on Local Resources”?  
 
Turkey’s Answer: The main purpose of “Reducing Dependence on Imports" is to decrease import 
dependence by shifting transformation of production structure in favour of high value added 
products and promoting production and usage of do mestic inputs.  Energy imports, an important 
element in foreign trade deficit, have been excl uded within the scope of this programme, since  
there are other relevant programmes focusing on th e energy sector. Therefore, this program does 
not foresee any reforms regarding fossil fuels. Ho wever, within the scope of the program, the 
production of renewable energy sources is supported.  
  WT/TPR/M/331/Add.1 
 
- 181 - 
 
  Page 50 (paragraph 3.30) 
 
As reported in Turkey's previous review, Law No. 474 on the Customs Tariff Schedule allows the Government to increase the applied MFN rates when these are deemed insufficient to provide 
"adequate" protection to domestic industries. The Law sets the so-called statutory tariff, which is 
different from the applied MFN tariff adopted annually by the Council of Ministers. Under the Law, the Government may replace applied MFN rates by 150% of the corresponding rates of the 
statutory tariff to ensure higher protection to local industries. However, according to the 
authorities, the statutory tariff is only applied for tariff lines that are unbound in the WTO framework or fall outside of the scope of the Customs Union Decision (see Section 2). For bound tariff lines or lines covered by the Customs Union, any increases in the applied MFN rate are 
capped by Turkey's commitment levels.  
 Questions: 
 
3. How does the Government assess that an applied MFN tariff rate is insufficient to 
provide “adequate” protection to domest ic industries? Are specific guidelines 
followed or is it a highly political process? 
4. What is the yearly average of MFN tariff lines increased during the last four years 
following Law No. 474? 
 
Turkey’s Answer to Questions 3 and 4:  Law Nr. 474 is only an authorizing law, which does not 
directly set tariff rates but sets limits to the government for maximum and minimum tariff without referring to Turkish Grand National Assembly’s cons ent.  Turkey sets its tariff rates in compliance 
with its WTO commitments, Customs Union and other FTA obligations.  
 Page 55 (paragraph 3.36) 
 As a result of the Uruguay Round, Turkey bound 50.4% of its tariff lines; the final bound schedule is based on the HS02 nomenclature and contains bindings for 100% of agricultural tariff lines and 33.5% of tariff lines for industrial products. The simple average bound tariff rate on agricultural 
products (WTO definition) is 72.1%, while on non-agricultural products it is 17.6% (Table 3.1). As 
noted in Turkey's previous review, significant differences between bound and applied rates leave 
Turkey some flexibility to increase its MFN duti es on a number of agricultural goods. The gap 
between bound and applied duties on industrial products, combined with a relatively low incidence 
of tariff bindings, provides significant scope for Turkey to increase its duties on non-agricultural products within the WTO framework. 
 
Question:  5. Only 33.5% of the tariff lines for industri al products are WTO bound. Does Turkey 
have plans to bound the remaining 66.5% of industrial tariff lines? 
 Turkey’s Answer:  Turkey has been actively involved in the Non-Agricultural Market Access 
Negotiations within the context of Doha Development Agenda and is still committed and will bind 
its remaining tariff lines according to the agreed final outcome.  
Page 56 (paragraph 3.40) 
 
Turkey continues to apply a Mass Housing Fund (MHF) levy on imported fish and fish products falling within HS Chapters 2, 3, 15, 16, and 23. The levy is differentiated according to the source 
of imports (the EU, EFTA member States and other countries). It ranges from zero to 35% ad 
valorem. Turkey has not bound its tariffs for fish , but imports from EFTA member States enter free 
from import duty and the MHF levy under  the Turkey-EFTA Free Trade Agreement. 
 
Question:  
6. With respect to the Mass Housing Fund levy  applied to imported fish and fish 
products, which is differentiated according to the source of import (the EU, EFTA 
member States and other countries), could Turkey please explain how this complies 
with Article I of GATT (the MFN principle).  
 WT/TPR/M/331/Add.1 
 
- 182 - 
 
  Turkey’s Answer: Turkey has concluded a Free Trade Agreement (FTA) with EFTA countries. In 
this regard, in line with the provisions of the EFTA FTA Agreement, Turkey has differentiated its 
tariff rates on fish and fisheries products originating from EFTA countries, which is fully in compliance with Turkey’s WTO  commitments. (GATT Art. 24) 
 
PART II:  QUESTIONS REGARDING THE GOVERNMENT REPORT  
Page 5 (paragraph 2.29) 
 
Services account for 22% of Turkey’s gross export s but for over 40% in value added terms. This 
indicates that Turkey’s exports of goods rely inte nsively on services inputs. As of 2014, Turkey 
stands as the 27th largest commercial service exporter in the world with an export value of US$50 
billion. For 2023, Turkey targets to reach US$150 billion in services exports.  
Question: 
 7. Could the Government of Turkey elaborate further on the measures it intends to 
implement to strengthen the participation of the service sector in total exports and 
how it expects to achieve the target of US$150 billion in services exports by 2023? 
 
Turkey’s Answer :  In order to reach this target, Turkey, by several policy tools, aims to both 
strengthen the domestic capacity and promote trade in services.  
 
Domestic policies with regard to services sectors can be found in the Tenth Development Plan 
published in the website of the Ministry of Development. 
(http://www.mod.gov.tr/Pages /Development Plans.aspx) 
 
Turkey also follows a tripartite policy in order to specifically promote the exports and imports of 
services. The first pillar includes the policies such as elimination of red tape and facilitation of administrative requirements in order to attract mo re FDI (import of services through Mode 3). One 
of the results of this policy is the highly increasing number of procedures that can be applied 
online through e-government facilities. All available online applications can be submitted through 
the single platform www.turkiye.gov.tr. 
 
The second pillar is to support service exporter s in sectors, which are underdeveloped, compared 
to OECD levels. The examples to these sectors are software development, audiovisual services, 
education services and healthcare services. The supporting mechanism mainly includes the 
encouragement of service providers to do market research, attend sectoral fairs and marketing of 
the services provided.  The third pillar is about levelling the playing fiel d through regional and bilateral trade agreements. 
With regard to Turkey’s FTA services policy, one of the most targeted sectors are transport 
services and the movement of natural persons. We believe that the elimination of barriers together with disciplining and streamlining the procedures with respect to those areas will have positive 
effects to promote trade in services.  
 Page 6 (paragraphs 2.34 and 2.35) 
 A new Investment Incentive Program for investment projects incorporating sectoral and regional development priorities was introduced with the Decree No. 2012/3305 on State Incentives for Investments dated 19 June 2012. 
 
The Investment Incentive Program aims to steer savings into high value added investments, to boost production and employment, to encourage large scale and strategic investments with high 
R&D content for increased international competitiveness, to increase foreign direct investments, to 
reduce regional development disparities and to promote investments for clustering and environment protection for the production and export-oriented growth strategy in line with the 
projected targets in Development Plans and Annual Programs as well as international agreements 
   
 WT/TPR/M/331/Add.1 
 
- 183 - 
 
  Question: 
 8. Could the government of Turkey describe these incentives? Are they linked or 
conditioned in any way to export results? 
 
Turkey’s Answer:  The Investment Incentive Program is summarized in the Secreteriat Report. 
(See paragraph 2.60, 2.61, 2.62 and Table 2.5, pages 40-41).  
 
There is no link between the support measures  and the export results in the program. The 
eligibility criteria to benefit from the program is not contingent upon export performance.  WT/TPR/M/331/Add.1 
 
- 184 - 
 
  PARAGUAY 
Preguntas de la delegación del Paraguay 
 
15 y 17 de marzo de 2016 
 
Preguntas en relación con el informe de la Secretaría (WT/TPR/S/331 ) 
 
Turquía es calificada como la séptima mayor productora agrícola del mundo, en el cual el comercio 
representa un papel importante, verificado por el aumento del 43% de las exportaciones e importaciones en el periodo 2010-2014 (para 4.1) A su vez, en la descripción de las estrategias y 
las políticas, se resalta que el plan Estratégico 2013-2017 se propone mejorar la competitividad y 
convertirse en un actor influyente en su región y el mundo en el área de agricultura (Apartado 
4.1.5).   
Pregunta 1 
 ¿En ese sentido, contempla dicha estrategia una mayor consolidación arancelaria de productos no 
agrícolas y una reducción de los aranceles de importación de productos agrícolas? 
 Turkey’s Answer:  When deemed necessary, applied tariffs for the importation of agricultural 
products may be reduced as was the case  for feedstuffs in previous years. 
 While there is no doubt that further tariff consolidation can improve predictability and transparency for agricultural trade, Turkey considers tariff consolidation as an issue that can be pursued within 
multilateral trade negotiations. Unlike non-agri cultural products, Uruguay Round succeeded in 
tariff binding for agricultural products.  However there is a room for furthering liberalization in agricultural market access once WTO members get back to DDA negotiations.   
 
Pregunta 2  
¿Siguiendo su objetivo de ser un actor influyente en la economía mundial, pretende Turquía 
promover al comercio internacional para impulsar al sector agrícola, y a través de que herramientas?  
Turkey’s Answer: Turkey, as a net exporter country, will continue to benefit from its rights 
emanating from the related provisions of the Agreement on Agriculture to support its agricultural production and to promote exports.  These tools can be summarised as domestic support and 
export subsidies.  
 Agricultural sector is one of the key areas of economic activities in Turkey. Although the use of 
technologies  and know-how have increased in recent years, structural problems including those 
related to limited average farm sizes hinder Turkey to realize real potential in the sector. Despite all difficulties, Turkey is one of the biggest agri cultural producers and aims to play much bigger 
role in world agricultural markets.  
 
As can be seen from Turkey’s Agriculture Vision  2023, Turkey is taking steps to become more 
competitive in international trade through an agricultural, food and livestock industry with 
increased productivity. 
Turkey is determined to make use of contempo rary, scientific and technological advances to 
transform its agricultural sector and improve standa rd of living and welfare in the countryside with 
a number of policies. 
Turkey’s Agricultural Vision 2023  foresees, making more common methods and means for the 
efficient use of soil and water resources;  accelerating and completing land consolidation activities for the purpose of eliminating scale related problems in the agricultural land partitioned via 
inheritance; developing  cooperation and organization between SMEs that are for agricultural and 
food products’ branding;  developing  organizati ons for increasing the competitiveness of  firms 
that are active in rapidly developing and grow ing international agricultural and food product 
markets and  planning production for targeted markets, among others.   WT/TPR/M/331/Add.1 
 
- 185 - 
 
  Pregunta 3 
 El mismo plan estratégico contiene un pilar importante para mejorar las estadísticas nacionales de Turquía; ¿podremos los miembros de la OMC beneficiarnos de este sistema mediante la 
actualización de las notificaciones en materia de apoyo interno, las cuales no estuvieron 
disponibles para el presente examen?  
Turkey’s Answer: In the Strategic Plan, in order to establish a basis for sound agricultural 
policies, improvement of the statistical infrastructure of MFAL is aimed through data collection and preparation of statistics.  The objective is, in the general sense, to protect agricultural and ecologic resources and diversity of genetic resources and, to provide sustainability in agricultural 
production. The system has not been exclusively created for the preparation of WTO notifications 
but is expected to serve as an instrument to complete them as well.  
 
Pregunta 4 
 Como se explica en el párrafo 2.19 Turquía participa activamente como tercera parte en los 
procedimientos de solución de diferencias de la OMC. ¿Podría Turquía explicar con más detalle las 
razones de esa participación, y de ser posible, presentar las principales conclusiones de dicha participación?;  
¿Puede Turquía ilustrar la estructura institucional que ha adoptado para hacer frente a las 
controversias en el sistema de la OMC, así como en los TLC?  
Turkey’s Answer:  As Turkey attaches utmost importance to its WTO rights and obligations, 
following the WTO dispute settlement mechanism closely becomes an inevitable task, particularly taking into account systemic concerns of Turkey in different cases. It is important for Turkey to 
follow and contribute as appropriate to the WTO jurisprudence.  
 Regarding the institutional structure on WTO disput e settlement, there is a department consisting 
of experienced trade lawyers in the Ministry of Economy. The Ministry conducts Turkey’s 
contributions to the dispute settlement mechanism and ensures coordination between all 
stakeholders. An ad-hoc team consisting of experts is established for important cases within the Ministry.  
 
There are various ways and mechanisms to resolve disputes under Turkey’s FTAs. The structure of 
each dispute settlement mechanism under those FTAs differs with respect to rules and procedures. 
Generally, the main institutional body of an FTA -Joint Committee- is a primary forum for 
discussion and resolution of disputes. Additionally, consultation, arbitration, good offices, mediation and conciliation are also regulated respectively as ways and mechanisms depending on the relevant FTA. 
 
Pregunta 5  
¿Ha buscado Turquía la colaboración de la OMPI en el diseño y la implementación de las 
estrategias y objetivos de propiedad intelectual?  
Turkey’s Answer: Turkey has instituted a number of strategies during the review period that had 
an impact on IP policy. The National Intellectual and Industrial Property Strategy paper provides 
an overall strategy for the IP related sectors for the term 2015-18. While designing and implementing intellectual property strategies and objectives, Turkey did not seek a special 
collaboration of WIPO. But considering the regulative role of WIPO in international intellectual 
property system and being one of the leading acto rs in this field; Turkey has taken notice of 
WIPO’s principles, priorities and international treaties as a natural consequence. 
   
In recent years, since the importance of "cultural industries based on copyright" is emphasized by 
WIPO, the role of copyright is appreciated by all countries as well as Turkey on the formation and 
strengthening of these cultural industries. While designing its national strategy paper, Turkey gave 
priority to the actions in this concept.  The EU as an international actor within WIPO and developed countries are intensely trying to 
produce preventive and punitive systems concerning  the digital copyright infringements. In terms WT/TPR/M/331/Add.1 
 
- 186 - 
 
  of trends in international area and national requ irements, Turkey follows these processes to make 
progress towards making the necessary arrang ements in a legal sense within the aim of 
accomplishing the actions specified in strategy paper in the digital area.   
Implementation of the actions specified in the National Intellectual and Industrial Property 
Strategy Paper is planned to be accomplished by Turkey through conducting  joint projects with international stakeholders including the European Union, the World Trade Organization, the World 
Bank and WIPO in particular and similar programs  will be carried out in close cooperation with 
regional stakeholders.  Pregunta 6 
 
¿Puede Turquía brindar más detalles sobre el proceso de ratificación del Tratado de Marrakech para facilitar el acceso a las obras publicadas a las personas ciegas, con discapacidad visual o con 
otras dificultades para acceder al texto impreso? 
 Turkey’s Answer:  WIPO Marrakesh Treaty to Facilitate Access to Published Works for Persons 
Who Are Blind, Visually Impaired or Otherwise Pr int Disabled was signed on November 1st, 2013 
by Turkey. The ratification process is currently ongoing.   The ratification process includes various stages respectively. Ministry of Foreign Affairs prepares 
the Draft Approval Law for the International Treaty  and transmits it to the Council of Ministers, 
then the related sub commission of Turkish Gran d National Assembly examines the draft law and 
the treaty. The General Assembly reviews the treaty  and accepts or rejects the treaty as a whole. 
Following the publication of this approval Law  in the Official Gazette, Ministry of Foreign Affairs  
prepares the  Council of Ministers Decree on the approval of  the treaty based on the Approval 
Law. Finally the international treaty enters into force following the Council of Ministers Decree  and 
the treaty as its attachment  is published in the Official Gazette.  
 In this context the timeframe for the adoption of the treaty could not be envisaged due to other institutions’ involvement into the ratification process.  
 
Preguntas con relación al informe del Gobierno (WT/TPR/G/331 ) 
 
En el Párrafo 3.9 se expresa: “Durante los preparat ivos de la Décima Conferencia Ministerial de la 
OMC, celebrada en Nairobi, Turquía sostuvo que la credibilidad de la OMC y, en particular, el futuro de su función de negociación depende del logro de resultados equitativos y significativos que 
beneficien a todos. 
 Pregunta 7  
¿Cómo Turquía llevará adelante la implementación de los Acuerdos alcanzados en Nairobi, 
especialmente sobre Competencia de las Exportaciones?  
Turkey’s Answer: Turkey notified to the Council for Trade in Services, on 3 September 2015 
(S/C/N/824), the preferential treatment which Turk ey made available to services and services 
suppliers of least-developed countries in accordance with the decision by Ministers at the WTO’s 
Eighth Ministerial Conference on Preferential Treatment to Services and Service Suppliers of Least-
Developed Countries  (WT/L/847), and the decision by Ministers at the WTO’s Ninth Ministerial 
Conference on Operationalization of the Waiver Concerning Preferential Treatment to Services and 
Services Suppliers of Least-Developed Countries  (WT/L/918). 
 
The preferential treatment is made in sectors an d modes of supply that are of particular export 
interest to least-developed countries, as set out in The Collective Request Pursuant to the Bali 
Decision on the Operationalization of the LDC Serv ices Waiver Concerning Preferential Treatment 
to Services and Service Suppliers of Least Developed Countries (S/C/W/356). 
 
The preferential treatment took effect on 25 August  2015, and is intended to be maintained for the 
period of the Waiver.  Turkey, as a developing country, will continue to benefit from the export subsidies within the time 
limits and conditions as set out in the Nairobi Ministerial Decision.  WT/TPR/M/331/Add.1 
 
- 187 - 
 
  Pregunta 8 
 El Párrafo 3.10 menciona que el proceso de ratificación del Acuerdo sobre Facilitación del Comercio está en marcha y concluirá muy pronto. ¿Podría Turquía indicar una fecha aproximada en la cual 
se espera su ratificación? 
 Turkey’s Answer: The ratification process of the Agreem ent on Trade Facilitation has already 
been finalized through a Council of Ministers Decree published on 5
th  March, 2016. The instrument 
of acceptance will be conveyed to the WTO this week. WT/TPR/M/331/Add.1 
 
- 188 - 
 
  CHINA 
Part I. Questions based on Report by the Secretariat (WT/TPR/S/331) 
 Page 2, Para 5 
Although the legal framework has not changed, investment schemes have been extended, deepened, and broadened over the period in order to encourage and target certain types of FDI in Turkey. They offer nine different types of incentiv e instruments, often depending on the amount of 
the investment and the investment region. 
 Question 1 
 
Please introduce the main contents of the nine different types of incentive instruments.  Turkey’s Answer: Support measures for each incentive scheme are summarized in the 
Secretariat Report (See: S331, page 41, Table 2.5). The support measures are summarized below; 
 Exemption from Customs Duties: Imports of the machinery and equipment to be used in the 
production process shall be subject to Customs Duty exemption. 
 Value Added Tax Exemption: Imports and dome stic purchases of machinery and equipment 
within the scope of the investment are exempted from the Value Added Tax. 
 Tax Deduction: Reduced income or corporate tax rates will be imposed. 
 Interest Support: A specific portion of the interest/profit share of the investment loans is 
covered.  
 Social Security Premium Support (Employer’ s Share): For any additional employment 
created by an investment, the amount correspon ding to the employer’s share of the social 
security premium on legal minimum wage is covered.  
 Land allocation: Government land is allocated for rent for investments in accordance with 
the rules and principles defined by the Ministry of Finance, depending on the availability of 
such land in the provinces where investments are made.  
 VAT Refund: VAT paid for building & construction expenses made for Strategic Investments 
will be rebated, provided that the fixed investment amount is over 500 million TL. 
 Social security premium support -Employee’ s share (Only for Region 6): The employee’s 
share of the social security premium paid by th e investor to the Social Security Institution 
in the amount corresponding to the legal minimum wage, for additional personnel recruited for the investments in Region 6 is covered for 10 years. 
 Income Tax Withholding Support (Only for Region 6): The withholding tax imposed on the 
income tax of employees will not be levied for new staff employed for the investments made in Region 6 for 10 years. 
 
Question 2  
Please introduce the effect of the above incentive instruments on attracting FDI. 
 Turkey’s Answer: Foreign companies in Turkey can enjoy equal terms and rights with domestic 
companies in terms of Investment Incentive Pr ogram. Many foreign companies have benefited 
from Investment Incentive Program for their new, capacity expansion and modernization 
investments in Turkey. In the last 5 years, 1,139 incentive certificates were issued for foreign investors with a total investment amount of 76 billion TL.  
 
In addition to investment incentives, impressive growth rates, increasing foreign trade volume and favorable business climate have been crucially important for attracting FDI to Turkey.   
 
Page 11, Para 6 
6.In terms of tariff protection, Turkey's overall applied tariff average increased slightly during the 
period to 12.8% due to tariff increases in response to requests by domestic producers. 
Furthermore, Turkey has the scope to increase tariffs further because 50% of its tariff schedule is 
unbound (tariffs are bound for 100% of agricultural tariff lines and 34% of industrial tariff lines), and in many cases there is a significant gap between bound and applied rates. 
 
   WT/TPR/M/331/Add.1 
 
- 189 - 
 
  Question 3 
 the significant gap between Turkey’s official bound  tariff and market applied tariff always exist? 
Does the tariff difference significantly affect actual import and export? Are there any authoritative 
channels to obtain data for applied tariff rates? 
 Turkey’s Answer: Turkey has been implementing European Union’s common customs tariff since 
1996. This has been a transparent, predictable im plementation of the import policy.  Turkish 
importers and foreign exporters are well aware of the fact that Turkish import regime for industrial products is no significantly different than that of the EU. Also, Turkey’s applied tariff rates for agricultural and non-agricultural products are published in the Official Gazzette annually. Any 
difference between the bound and applied rates can be seen as in the case of other countries. We 
believe that via multilateral negotiations under the umbrella of the WTO, those differences could be diminished. 
 
Page 11, Para 9 
9.Turkey continues to apply a number of taxes or other charges on imported and domestic 
products that affect consumption. These taxes include VAT, a strip-stamp tax, and a special 
consumption tax (SCT). Tobacco products and alcoholic beverages are particularly affected, being subject to both the strip-stamp tax and special consumption taxes; with raw tobacco also being subject to the Tobacco Fund levy. Other products impacted by the special consumption tax include 
petroleum products, motor vehicles, aircraft, vessels, and durable consumer goods. Together, VAT 
and SCT provide over half of government revenue.  
Question 4 
 Turkey continues to levy different kinds of consumption-affecting tax on lots of import products. 
Please introduce the degree of impact of special consumption tax on oil, motor vehicles, aircrafts, 
vessels and durable goods, especially vessels and the policy trend in the future.  Turkey’s Answer: There are mainly four product groups that are subject to special consumption 
tax (SCT) at different tax amounts or rates. 
-List (I) is related to petroleum products, natural gas, lubricating oil, solvents and 
derivatives of solvents.  
-List (II) is related to land, air and sea vehicles (cars and other vehicles, motorcycles, 
planes, helicopters, yachts etc.) 
-List (III) is related to alcoholic beverages and cola soda pops, cigarettes and other 
tobacco products,  
-List (IV) is related to other consumption goods (caviar, furs, mobile phones, white goods 
and other electrical household machines etc.)  
Delivery of goods in List No (I) by the importer s, or their delivery by the producers including 
refineries and their sale via auctions are subject to SCT for one time.  
SCT is not a discriminatory tax since it is applied both on imported and domestically produced 
goods. SCT was introduced for fiscal purposes as an  aggregate tax to substitute different types of 
funds, levies etc. It has been to the benefit of entrepreneurs and consumers in Turkey since it has 
eased the procedures. Therefore the Government ha s no intention to change implementation of 
SCT.  Question 5 
 
Is Turkey’s special consumption tax on import goods completely borne by consumers? Will it be partially transferred to Turkey’s export enterprises? 
 
Turkey’s Answer: The liability of Special Consumption Tax is mainly on producers or importers 
with the exception of List (II) which includes ve hicles subject to registration. The SCT could be 
reflected via pricing of the goods unless those goods are exported.  
   
 WT/TPR/M/331/Add.1 
 
- 190 - 
 
  Page 11, Para 11 
11. Both imports and exports are subject to a num ber of border measures in Turkey, including 
outright prohibitions, licensing, controls, and restrictions. Eleven categories of goods are subject to import licences and 26 require export licences. 
 
Question 6  
Are there any requirements or restrictions on the import of vessels? 
 Turkey’s Answer:  There are no restrictions on the imports of vessels.  
 
Page 11, Para 12 
12. State-owned enterprises (SOEs) continue to be involved in a number of important sectors of 
the Turkish economy including manufacturing, mining, oil and gas, agriculture, transport, and 
banking...”   
 Page 12, Para 16 
16. Turkey's key industrial export sectors are automotives, textiles and clothing, chemicals, machinery, iron and steel, electronics, and jewellery. Small and medium-sized enterprises (SMEs) constitute a key part of the industrial sector in Turkey. Under the Tenth Development Plan, the Input Supply Strategy, and Turkey Vision 2023 the Government has set out multiple objectives for 
manufacturing, including increasing production of  intermediate and finished goods in order to, 
inter alia, reduce the trade deficit...”  
Question 7 
 Can one rest assured about the payment ability of  Turkey's state-owned enterprises? Do state-
owned enterprises have obvious advantages over  SMEs in cross industries? What support and 
subsidy policies does Turkey apply to the import of raw materials and intermediate goods for major export sectors?  
Turkey’s Answer: SOEs in Turkey are subject to Decree Law Nr.233 which is the establishment 
Law for SOEs. SOEs are also subject to Turkish Commercial Code as private companies are subject to. They encounter the same results if they do not pay their debts. So, they do not have any 
privilege regarding their debts. Within this regard, their payment ability is very good so far.  
 SOEs do not have any advantages over SMEs. No su pport or subsidy is in place for importation of 
raw materials or intermediate goods used specifica lly for the manufacturing of the exported goods. 
 Page 12, Para 18 
18. In 2012, a new Capital Markets Law entered into force which transformed the legal and 
institutional framework of Turkey's capital markets. 
 Question 8 
 
Does the new Capital Market Law and institutional framework have any influence on trade financing and buyers' credit? 
 
Turkey’s Answer:  Capital Market Law does not directly regulate trade financing or empower 
Capital Markets Board on trade financing and buyers ' credit issues.  The scope and purpose of the 
Capital Market Law is  stated as follows. 
 
Purpose ARTICLE 1 – (1) The purpose of this Law is to regulate and supervise capital markets to ensure the 
functioning and development of capital markets in a secure, transparent, efficient, stable, fair and 
competitive environment and to protect the rights and interests of investors.  
Scope 
ARTICLE 2 – (1) Capital market instruments, the issue of these instruments, issuers, those who 
public offerors, capital market acitivities, capital market institutions, exchanges and other organised markets where capital market instruments are traded, market operators, Capital 
Markets Association of Turkey, Appraisal Expe rts Association of Turkey, central clearing WT/TPR/M/331/Add.1 
 
- 191 - 
 
  institutions, central securities depositories, the Central Registry Agency and the Capital Markets 
Board are subject to the provisions of this Law. Private sales of shares of non-public joint stock corporations are outside the scope of this Law.  
(2) General provisions shall apply to matters where no applicable provision exists in this Law and 
in the secondary legislation promulgated on the basis of this Law and where it is stated in other laws that this Law shall not be applied. 
 
In relation to securities transaction financing, ma rgin trading is designated as an ancillary service 
within the context of Capital Market Law Art 39 as follows.  
Obligation to take permission for activities 
ARTICLE 39 – (1) The performance of investment services and activities as a regular occupation, business or a professional activity requires permission from the Board. Investment services and 
activities can only be performed by investment firms. Provisions regarding investment companies, 
portfolio management companies and exchanges shall be reserved. The Board is authorised to make regulations that allow the performance of ea ch investment service and activity by separate 
institutions on the basis of capital market instruments or investment services and activities. 
 (2) Ancillary services shall be performed by investment firms and portfolio management companies according to principles determined by the Board, without being subject to a separate 
license. 
 (3) The Board may also grant permission for one or more than one types of investment services 
and activities on the basis of the capital market instrument. The Board may classify investment 
firms according to types of their investment services and activities and capital structure.  
(4) The Board shall decide on applications for taking permission for activity within a maximum 
period of six months starting from the full submission of necessary documents to the Board and the state of affairs shall be notified to the interested person.  
(5) Persons and institutions that do not meet the conditions mentioned in this Law and that are 
not permitted by the Board may not carry out inve stment services and activities, even in cases 
where they have been authorized according to their special laws. 
 
(6) The Board may require professional liability insurance for the conduct of investment services and activities as well as ancillary services. 
 
(7) The Board is authorised to determine pr inciples and procedures regarding borrowing 
and lending transactions of capital mark et instruments as well as short selling 
transactions and to make regulations concerning margin trading of capital market 
instruments upon taking the opinion of the Undersecretariat for Treasury and the 
Central Bank of the Republic of Turkey.  
(8) Principles and procedures regarding the conduct of investment services and activities as well as 
ancillary services shall be established by the Board.  
(9) Investment services and activities enumerated in sub-paragraphs (a), (b), (c), ( ğ) and (h) of 
Article 37 of this Law may also be carried out by banks. Investment and development banks may also carry out the services enumerated in sub-paragr aphs (ç), (d), (e) and (f) of the same Article. 
The principles and procedures regarding investment services and activities to be carried out by 
banks in the context of the same Article shall be determined by the Board. With regard to these 
services and activities the Board may determine different principles and procedures according to the nature of capital market instruments and upon taking the opinion of the Banking Regulation 
and Supervision Agency according to characteristics of banks. 
 Page 12, Para 20 
20. Distribution services are important to the Turkish economy with wholesale and retail trade 
contributing 12% to GDP in 2014. Retail sales volume growth was highest in 2011 at 8.3% but slowed in subsequent years, reaching 1.3% in 2014; nevertheless total retail sales recorded US$282 billion the same year. Turkey is considered the 7th largest retail market in Europe. Turkey 
has not undertaken any GATS commitments in distribution services. Foreign distributors are WT/TPR/M/331/Add.1 
 
- 192 - 
 
  present but the supermarket segment is largely dominated by local shops, or bakkals (small shops 
of less than 50 m2).  Question 9 
 
How long is Turkish distributors’ usual operating period? Are there any sudden emergences and successive collapses in the industry?, What is the sh are of entrepot trade in terms of scale vs. local 
sales and how does the risk preference compare? 
 Turkey’s Answer:  There are not sudden emergencies and successive collapses in the sector. Data 
on the operating periods of distributors in Turkey  is not available. However, according to data 
collected by Turkish Statistical Institute, retail an d wholesale sector grew by % 8.8 in 2012, %11.6 
in 2013, %11.1 in 2014 and %7.1 in in the first 9 months of 2015, which represents a steady 
growth of the sector.  
Page 68, Para 3.57 
3.57. There have been no changes to Turkey's la ws and implementing regulations on anti dumping 
and countervailing measures over the review period. These are: Law No. 4412/1999 on the 
Prevention of Unfair Competition in Imports; De cree No. 13482/1999 on the Prevention of Unfair 
Competition in Imports, amended by Decree No. 98 40/2005; and the Regulation on the Prevention 
of Unfair Competition in Imports, amended in 2002 and 2006. 
 Question 10 
 
China understands that Turkey supports applying  lesser duty principle in dumping and injury 
margins. But we have noticed that in Turkey’s motor hoe and other cases, some respondent enterprises’ injury margins are lower than the dumping margins, but the lesser duty principle was 
not applied. Do the Turkish investigating authorities have the right to select applying lesser duty 
principle or not? What are the specific stan dards for the application of this principle? 
 
Turkey’s Answer : According to the Law on Prevention of Unfair Competition in Imports (Official 
Gazette 1.7.1989/20212) Article 7 states that “if a lesser duty would be adequate to remove injury, it shall be imposed”. Thus, Turkey considers the factors in individual investigations and if 
the facts and conditions of the investigation are adequate for applying a duty less than the 
dumping margin to remove injury, it will be determined by the Board and approved by the Ministry.  
Page 68, Para 3.59 
3.59 China was subject to the most numerous meas ures, followed by Indonesia, Chinese Taipei, 
India, Malaysia, Thailand, and Viet Nam. 
 
Question 11  
China is not the largest trading partner of Turkey, as described by section 1.3 of page 21 and chart 
1.5 of page 24, Please explain why China was amon g the top victims of trade remedies by Turkey? 
 Turkey’s Answer: The Turkish anti-dumping legislation is not applied considering the trade 
volumes between the trading partners. According to  Turkey’s Legislation, as a result of an 
investigation that is initiated by an application that has the evidence on the existence of dumping, injury and causal link, an anti-dumping duty may be imposed. 
 
Page 69, Para 3.61 
3.61. Turkey continues to impose countervailing duties on PET films originating in India (originally 
imposed on 22 March 2009). These duties range from 4.25% to 21.61%. Recently, a 
countervailing investigation has been initiated on 15 May 2015 regarding seamless tubes, pipes and hollow profiles of iron (other than cast ir on) or steel (HS 7304) products originating from 
China. 
 
Question 12  
In May 2015, Turkey initiated anti-dumping and countervailing investigations on China’s seamless 
steel tube. This is the first time Turkey launched cuntervailing investigations on Chinese products, WT/TPR/M/331/Add.1 
 
- 193 - 
 
  Chinese government pays great attention to it. We noted that Turkey has made an initial award on 
dumping for this case recently, what is the latest progress of the investigations? In this anti-dumping and countervailing case, how will Tu rkey solve the "double remedy" problem? 
 
Turkey’s Answer: Turkey has been conducting anti-dumping and countervailing duty 
investigations according to its national legislation that is in line with WTO Anti- Dumping and WTO Subsidy and Countervailing Measures Agreement. According to the relevant WTO Legislation, anti-
dumping and countervailing duty investigations can be carried out simultaneously and this practice 
has been used by many WTO members. Conditions and requirements regarding the initiation and investigation processes are fully governed by this legislation. In addition, Turkey is respecting the transparency and due process rights of the part ies during investigations and the information 
requirements of the interested parties for ongoing investigations are met within the boundaries of 
this legislation. The investigations are still ongoing and the issues regarding the remedies will be handled and shared with interested parties as required by the legislation in due course of time. 
 
Page 69, Para 3.64 
3.64. Turkey has been the third biggest user of  safeguard measures since the WTO's inception, 
initiating 21 safeguard investigations over the period 1 January 1995 to 30 April 2015 and taking 
14 safeguard actions over the same period.   Question 13 
 
Turkey is one of the WTO members that relative ly frequently use safeguard measures. In the 
safeguards investigations, how do investigation authorities identify “increase of import” in Article 
2.1 of Agreements on Safeguards? Are there any specific standards to follow? How does Turkey 
consider "unforeseen development" stipulated in Article 19 of GATT 1994?  
Turkey’s Answer: In Turkish national legislation on trade remedies, the conditions necessary to 
initiate investigations for safeguard measures are clearly stated and if domestic producers make proper applications, the investigating authority has to take them into consideration. Turkey is well aware of the fact that safeguard measures ar e designed for addressing exceptional trade 
circumstances and Turkey also acknowledges the impo rtance of transparency and predictability in 
achieving growth in international trade and for creating a favorable business environment for foreign producers and investors. However, it should be noted that all the safeguard measure taken 
by Turkey are in full conformity with the related WTO Agreements and principles. It should also be 
noted that for the last 7 years Turkey has taken only 3 safeguard measures which by no means can be regarded as frequent. 
 
The Agreement on Safeguards sets forth the rules for application of safeguard measures pursuant to Article XIX of GATT 1994. Safeguard measures are defined as “emergency” actions with respect 
to increased imports of particular products, where such imports have caused or threaten to cause 
serious injury to the importing Member's domestic industry. 
 Article 2 of the Agreement on Safeguards introd uces the conditions of a Safeguard Measure. 
According to the Article 2 of the Agreement on Safeguards: 
 “A Member may apply a safeguard measure to a product only if that Member has determined, 
pursuant to the provisions set out below, that such product is being imported into its territory in 
such increased quantities, absolute or relative to  domestic production, and under such conditions 
as to cause or threaten to cause serious injury to the domestic industry that produces like or 
directly competitive products.” 
 
An increase in imports can be a real increase in imports (an absolute increase); or it can be an increase in the imports’ share of a shrinking market, even if the import quantity has not increased 
(relative increase). So the Turkish Administration analyze both absolute and relative increase in 
imports.   
In order to take a safeguard measure, increase in imports has to qualify certain conditions and 
circumstances. The first condition is set out in  Article XIX:1 of GATT 1994, providing that the 
increase in imports must result from “unforeseen developments”.   WT/TPR/M/331/Add.1 
 
- 194 - 
 
  This clause is not further defined or illustrated by examples either in Article XIX of the GATT 1994 
or in the Agreement of Safeguards. Its broad language is presumably meant to cover a wide range of unexpected circumstances, which by definition is difficult to anticipate.  
Turkish Administration’s interpretation of unforeseen development” is in line with the Appellate 
Body interpretation, and holds the view that “the ordinary meaning of the phrase “as a result of unforeseen developments” requires that the developments which led to a product being imported 
in such increased quantities and under such conditions as to cause or threaten to cause serious 
injury to domestic producers must have been “unexpected”.  Turkish Administration also believes that an in-d epth evaluation of the “unforeseen development” 
has to be made by the competent authority. 
 Page 88, Para 3.139 
3.139 The Bank does not discriminate between sector s of business operation, but does give special 
consideration to companies located in Turkey's pr iority investment regions (see Section 2.4.4.1). 
These companies are provided with privileges fo r credit applications, they benefit from the 
Preshipment Export Credit Programme for Priority Development Areas with lowest interest rates, 
and intermediary banks are required to extend at least 5% of their credit limit to companies in 
these areas.  
Question 14 
 Please further introduce the available concrete incentives for priority areas of development, such 
as the specific interest rates level of the Import and Export Bank of Turkey. 
 Turkey’s Answer: Türk Eximbank provides finance to ex porters either directly or through 
intermediary commercial banks so as to reach companies having business in different areas of the 
country. Under Pre-Shipment Priority Investment Areas Export Credit Program, a sub-program having an indirect lending structure, the Bank provides finance to companies located in the priority areas of investment through intermediary banks with favorable lending terms determined 
according to the market conditions. Intermediary ba nks are required to extend at least 5% of their 
credit limit to companies in these regions.  
Page 88, Para 3.140 
3.140 This programme covers export transactions based on cash against documents and 
irrevocable letters of credit. Export receivables wi th a maturity of up to 240 days discounted by 
the Central Bank of Turkey and up to 360 days are discounted from Turk Eximbank's own sources 
on LIBOR+spread, where the spread is determ ined by Turk Eximbank. Export and foreign 
exchange earning services' rediscount credits are provided to companies through intermediary banks in Turkish Lira based on export or foreign exchange earning services' receivable documents 
converted from the foreign currency. Re-payments are then made to the Central Bank in foreign 
currency which helps increase the Central Bank's  foreign currency reserves and decrease the 
current account deficit. In view of the significant demand for this type of product, the Central Bank 
raised the rediscount limit to the Eximbank to US$14 billion in October 2014, and again to 
US$15 billion in January 2015. Furthermore, provisions were made to the programme so that companies operating in free zones and making sales outside Turkey could benefit. The programme 
was also extended to tourism, health, consulti ng, software, shipping, and engineering services. 
 Question 15  
For the refinancing of export accounts receivable, how do the Central Bank and Eximbank of 
Turkey determine discount rates and what level are the discount rates?  
Turkey’s Answer: The maturity of rediscount credits of the Central Bank of the Republic of 
Turkey (CBRT) that are extended through Türk Eximbank and commercial banks to exporters and 
foreign exchange earning firms could be up to 240 days. Applied discount rate for these rediscount 
credits with a maturity up to 120 days is 1 month LIBOR/EURIBOR, discount rate for credits with a 
maturity of 121-240 days is 6-month LIBOR/EURIBOR.  
 In addition to these rates Türk Eximbank applies an additional margin determined according to the 
market conditions and varying in parallel with the maturity of export receivables. WT/TPR/M/331/Add.1 
 
- 195 - 
 
  Question 16 
 Please introduce the specific policies in the shipping field.  
Turkey’s Answer:  Türk Eximbank has a specific program providing direct loans and/or Letters of 
Guarantees to Turkish companies involved in shipbuilding and/or exporting of ships to meet their working capital requirements in the pre-shipment stage with a maturity up to 2 years. 
 
The interest rates/commissions charged by the Ba nk are determined according to each project 
specifically depending upon the construction peri od, market conditions, repayment term and risk 
and past performance of the shipbuilders and buyers. 
 
Page 88, Para 3.142 
3.142. One of Turk Eximbank's main areas of acti vity since 1989 has been export credit insurance 
programmes under which export receivables are insured against commercial and political 
risks…The most commonly used programme is the Short-Term Export Credit Insurance Programme, and within the scope of this programme, all shipments to be made by an exporter 
during the one-year policy period, and with payments deferred up to 360 days, are insured. Turk 
Eximbank has been extending cover to companies in 238 countries since April 2012.  Question 17 
 
Turk Eximbank’s current main business is short-te rm export credit insurance, while mid-and-long 
term export credit insurance started relatively late and remained a smaller scale. Does Turkey 
have a specific plan to further promote the deve lopment of mid-and-long term business? If so, 
please introduce the complete set of plans, expe cted timetable and corresponding support policies. 
 
Turkey’s Answer: Since Turk Eximbank is the official expo rt credit agency of Turkey, its mission 
is to provide credit insurance facility in line with its exporters’ demand. On the other hand, Turk Eximbank steers exporters to establish reasonable market shares in the competitive export areas 
by providing medium/long tenors.  
 
Actually, Turkey has a strategic plan named “Export Strategy for 2023” for further promotion of mid-and-long term business. The strategy has a goal as transforming low-tech manufacturing into 
a high value-added creating industry.  
 As part of the strategy, Turk Eximbank will increase medium-and-long term credit insurance 
exposure to 50 million USD till the end of 2016 and it will increase it gradually.  
 Also, Turk Eximbank will expand its product rang e by adding new insurance policies such as Pre-
shipment Export Credit Policy, Political Risk Insurance for Overseas Contractors, Insurance 
Program for Unfair Calling of Bonds, Investment Insurance Policy, Buyer’s Credit Insurance, L/C 
Confirmation Insurance. All policy types will be  realized till the end of 2016, except for L/C 
Confirmation Insurance. It will be put into practice in the upcoming years. 
 
For further information: http://www.tim.org. tr/files/downloads/2023/2023_english.pdf  
 
Page 111, Para 3.201 
3.201 Turkey has been participating as an observer in the WTO Committee on Government 
Procurement since June 1996.  
Question 18 
 What are the obstacles to Turkey’s signing of GPA? 
 
Turkey’s Answer:  Turkey’s membership to the GPA is an issue that will be discussed in the 
medium and long-term in coordination with relevant public institutions. On the other hand, Turkey 
is a candidate country for the EU. When Turkey  becomes a full member of the EU, it will 
automatically be part of GPA.  
  
 WT/TPR/M/331/Add.1 
 
- 196 - 
 
  Part II.  Questions based on Policy Statement by Turkey (WT/TPR/G/331) 
Page 10, Para 3.32 
3.32 So far, Turkey has signed FTAs with 33 countries  
Question 19 
 How does Turkey deal with the FTA, PTA (Preferential Trade Agreements) and DDA (Doha 
Development Agenda)? 
 Turkey’s Answer:  Turkey believes WTO and the multilateral trading system it represents 
continue to be a unique platform for wider economic cooperation. There is much to expect from 
multilateral trade liberalization in a way contributing to a strong, sustainable and balanced growth. 
On the other hand, RTAs have become a hugely prominent part of the global trading system. In face of this reality, it is essential that global trading system works efficiently with strong coherence 
across all its elements, including bilateral, regional, plurilateral and multilateral agreements. 
 Although Turkey has signed its first FTA with EF TA back in 1991, Turkey has been pursuing an 
active FTA policy since 1995 as a result of both its obligations stemming from the Customs Union 
with the EU and as a natural outcome of its resolve to remain as an integral part of liberal world trade system.   
In line with the global trends, Turkey weighs fu rther liberalization of trade through signing more 
free trade agreements as an important policy action to improve trade volume both in terms of goods and services, attract FDI, create solid netw orks of economic cooperation and lay ground for 
further collaboration among FTA partners.  
 Based on the objective of elimination of tariffs and non-tariff barriers, identifying and improving 
market conditions for services, as well as ensuring transparency and harmonization of trade-
related rules, free trade agreements create a co nvenient and liberal environment that support 
increased trade volume. Moreover, free trade agr eements are crucial in the sense that they 
constitute a strong legal framework on various di sciplines of trade. Therefore, a predictable and 
sustainable business environment, which also serves as an attraction for FDI, is created. 
 In this regard, Turkey has been adapting its FTA policy in line with the demands of the new global 
trade environment, increasingly being shaped by  bilateral, regional or mega-regional trade 
agreements. New generation FTAs not only cover issues of tariff elimination; but also regulate a variety of areas such as sustainable development, intellectual property rights and technical 
standards.  
 Accordingly, Turkey has adjusted itself to this new trend and now negotiates and concludes deep and comprehensive FTAs covering not only services and investment but also chapters on SPS, TBT, 
IPR, competition, trade remedies, or dispute settlement introducing WTO+ provisions.  
 In this respect, “Agreement on Trade in Servic es” and “Agreement on Investment” signed with 
South Korea on 26 February 2015within the context of Turkey-South Korea FTA is the first and 
most recent example of Turkey’s new policy toward s covering services and investment in its FTAs 
in a comprehensive and detailed manner. 
 
Moreover, FTAs whose negotiations are actively going on for the time being with Ukraine, Peru, Japan, and Mexico covers services and investment as well. This is the case for FTA with Singapore 
which was signed on 14
th November 2015. 
 
In addition to the currently negotiated ones, Turkey would like to cover these two areas in its FTAs that are already in force as well.  
 
Page 13, Para 4.2 
4.2. Among others, achieving Vision 2023 requires  Turkey to transform its export composition 
from low-tech to high-tech products, diversify its target markets and sectors for exports, and 
pursue a pro-active policy both in goods and services exports.    
 WT/TPR/M/331/Add.1 
 
- 197 - 
 
  Question 20 
 Please elaborate on the specific policies and me asures to promote the development of trade in 
services. 
 
Turkey’s Answer: Services account for almost 63% of Turk ey’s GDP and contribute to 55% of the 
total employment with tourism and construction taking a particularly important role. Therefore 
Turkey attaches special importance to the growth  of services sectors domestically which also 
indirectly promotes the development of trade in services. The domestic policies with regard to 
services sectors can be found in the Tenth Deve lopment Plan published in the website of the 
Ministry of Development. (http://www.mo d.gov.tr/Pages/Devel opmentPlans.aspx) 
 
Apart from the efforts to strengthen domestic service supply capacity, Turkey follows a tripartite policy in order to specifically promote the exports and imports of services. The first pillar includes 
the policies such as elimination of red tape and facilitation of administrative requirements in order 
to attract more FDI (import of services through Mo de 3). One of the results of this policy is the 
highly increasing number of procedures that can be applied online through e-government facilities. 
All available online app lications can be submitted through the single platform www.turkiye.gov.tr.  
 
The second pillar is to support service exporter s in sectors which are underdeveloped compared to 
OECD levels. The examples to these sectors ar e software development, audiovisual services, 
education services and healthcare services. The supporting mechanism mainly includes the 
encouragement of service providers to do market research, attend sectoral fairs and marketing of 
the services provided. 
 
The third pillar is about leveling the playing fiel d through regional and bilateral trade agreements. 
With regard to Turkey’s services FTA policy, on e of the most restricted sectors are transport 
services and the movement of natural persons. We believe that the elimination of barriers to these 
areas and disciplining and streamlining the proced ures with respect to those areas will have 
positive effects to promote trade in services.  
 
Part III. Other Questions 
 Question 21 
 
Under Turkey’s customs regulation, in the case of not getting the rejection declaration of the consignees, the goods shall not be shipped back and customs will auction them if the goods are 
retained for more than 45 days, the consignees have the preemptive right. For this regulation, are 
there any relevant measures to avoid such circumstances where buyers intentionally rejecting goods, waiting for the customs auction at a low price, thus incurring rejection risks?  
Turkey’s Answer:  The preemptive right mentioned in the question is not about the auction 
process. Before the date on which the announcement of the auction is published or the decision to sell by retail is taken, the goods may be requested to be placed under a customs procedure or re-
exported out of the Customs territory by lodging an application to the relevant Customs 
authorities. However, the acceptance of the requ ests depends on the payment of the fines related 
with the goods if any, warehousing and handling costs and other expenses and the amount at the 
rate of 1 per cent of the CIF value of the goods on foreign currency.  
 After the acceptance of request, customs procedures must be carried out or the goods must be re-exported. In other words, consignees must fulfill the customs’ obligations.  
 
On the other hand, in auction process, consignees do not have the preemptive right. All bidders are treated equally. 
 
Question 22  
Under Turkey’s customs regulation, the longer the period for some imports’ credit, the greater the 
tax incentives will be. This has led to more applications for long payment underwritings. Please provide details of the relevant policies, and whet her they are strictly implemented in accordance 
with government regulations in practice. 
 WT/TPR/M/331/Add.1 
 
- 198 - 
 
  Turkey’s Answer :  Unless proof of payment completion for the full amount of the imported goods 
is shown to the customs authority upon import of goods into Turkey, the Resource Utilization and Support Fund (RUSF) charge of 6% is imposed at customs.  WT/TPR/M/331/Add.1 
 
- 199 - 
 
  MALAYSIA 
SECRETARIAT REPORT 
 1. Para 4.1.4 - Support Programmes 
 
4.16. Turkey has not notified its domestic support programmes to the WTO during the review period, thus the discussion on supports relies heavily on information from outside sources, in 
particular the OECD. According to the Ministry of Food, Agriculture and Livestock, Turkey paid TL 
9.1 billion in 2014 for direct support payments; by  comparison, in 2011, TL 7.84 billion had been 
paid in direct support payments. Over the peri od 2003-14, a cumulative TL 70 billion had been 
paid and allocated as support payments. 
 
QUESTION 
 
Could Turkey explain measures that it has ta ken to ensure compliance to its notification 
obligation for domestic support under the Agreement on Agriculture (AOA)? 
 
Is there any specific timeframe to submit the required notification? 
 
Turkey’s Answer: Turkey has started a work program to notify its agricultural domestic support 
programs gradually. In due course, we are lookin g for understanding of all members to complete 
this work as soon as possible.  2. Para 4.2  - Manufacturing 
 
4.51. Small and medium-sized enterprises (SMEs) cons titute a key part of the industrial sector in 
Turkey. According to Turkish Treasury figures, SM Es account for 99% of all companies in Turkey, 
and contribute to around 78% of employment, 62% of exports and 57% of total value added. 
SMEs receive support from the Government through assistance with financing, training, technology development, innovation, export orientation and quality improvement. 
 
QUESTION 
 
Malaysia notes that one of main trade agendas of Turkey’s G-20 Presidency in 2015 was 
to enhancing the participation of SMEs.  
 
Given the importance of SMEs to Turkey’s economy, what are Turkey’s views on WTO’s 
role in enhancing the participation of SMEs in global trade? 
 Turkey’s Answer : In the aftermath of the Nairobi Confer ence, Turkey is ready to evaluate the 
introduction of new issues in the WTO. Howeve r, before proceeding any further on these new 
issues like the participation of SMEs in global trade, deep and comprehensive  technical work 
should be done so that each WTO member could be convinced that the WTO is the appropriate venue to handle it and that possible outcomes will be to the interest of all. WT/TPR/M/331/Add.1 
 
- 200 - 
 
  KENYA 
 1. We note from the Secretariat Report that Turkey has had a mixed compliance with its WTO notification obligation. Notifications in some areas, in particular, agriculture sector are still 
pending. Kenya would like to know the challenges th at Turkey is facing in fulfilling its notification 
obligations. How are these challenges being addressed in order to ensure full compliance with notification obligations?  
 
Turkey’s Answer:  Turkey will comply with its export subsidy notification requirements by the 
next meeting of the Committee on Agriculture, which will be held on 7-8 June, 2016.  
Turkey also has started a work program to notify its agricultural domestic support programs 
gradually. In due course, we are looking for understanding of all members to complete this work as soon as possible. 
 
2. We commend Turkey for putting in place a number of schemes and initiatives as well as a 
framework for encouraging Foreign Direct Investme nts (FDI). However, we note that investment 
restrictions remain in a number of sectors. What national objectives are aimed at in maintaining 
investment restrictions in some sectors? Is there a timeframe for removing these restrictions which continue to impact negatively on FDI?  
Turkey’s Answer:  As overall assessment of the Turkish Foreign Investment Regime indicates, 
Turkey has a fairly open FDI regime based on equal treatment of domestic and foreign investors. However, there are certain national legislations and regulations relevant to licensing processes and 
regulations in some sector, as summarized in Secretariat Report (S331, page 195, Table A2.3). 
 Turkey became a crucial participant of global FDI flows with its outstanding performance in the last 
13 years and managed to host USD 12.7 billion of FDI in this period annually. Although global FDI 
fell sharply in 2014, Turkey demonstrated a po sitive performance and the amount of FDI was 
realized as USD 12.5 billion. In 2015, upward tr end in FDI inflows have pursued with a 32.4% 
increase and inflows reached up to USD 16.6 billion despite domestic election period and persistent 
regional tensions. 
 Turkey does not of the view that investment restrictions have negative impact on FDI and 
currently, there is no work carried out regarding further liberalization in these sectors. WT/TPR/M/331/Add.1 
 
- 201 - 
 
   
   
 
 
RESPONSES TO QUESTIONS RECEIVED  AFTER THE 2 WEEK DEADLINE,  
ADDITIONAL QUESTIONS AND FOLLOW UP QUESTIONS. 
 WT/TPR/M/331/Add.1 
 
- 202 - 
 
  P. R. CHINA 
 
Part I. Questions based on Report by the Secretariat (WT/TPR/S/331) 
 
Page 112, Para 3.206 
3.206. WIPO and TPI statistics indicate growth in th e use of most forms of IP protection during the 
initial phase of the review period, but many have levelled off or even slightly declined at a later 
stage of the review period. There were increases in most types of IP applications in 2011, followed 
by modest growth or decline during 2012-14. There was a steady increase in the filing of patents 
over the period, which can be attributed to the patent incentive systems (see paragraph below). 
 
Question 1 ： 
Please introduce the main contents of the patent incentive systems. What specific measures have 
been taken to increase the filing of patents?  Turkey’s Answer: The Scientific and Technological Research Council of Turkey (TUB İTAK) Patent 
Support Programme  aims to increase the number of national and international patent applications 
of Turkey, to encourage patent application and to contribute to awareness-raising among public for 
the registry of intellectual and industrial prop erty rights. The program provides support to all 
patent applications made to the Turkish Patent Office, European Patent Office (EPO), WIPO, 
Japanese Patent Office (JPO) and USPTO. The program also provides "patent awards" for granted patents. 
 
Page 113, Para 3.207 
3.207. The Patent Application Incentive and Support Programme and the more recent Patent Support Programme of TUBITAK were created to incr ease awareness for intellectual and industrial 
property rights and stimulate the filing of patents in Turkey. In particular, they provide grants to 
Turkish registered companies and individuals to offs et the costs of the patent. In particular, they 
provide grants to Turkish registered companies an d individuals to offset the costs of the patent. 
For national and international/regional applicants, grants of up to TL 3,000 are available, and for 
international/regional applicants, a support credit of  up to TL 100,000 is also available. The Patent 
Application Incentive and Support Programme operated from 2006 to 2013, when it was replaced 
by the Patent Support Programme as of 1 January 2014. During 2014, the Patent Support 
Programme has received 2,398 requests for incentives.  
Question 2 ： 
Please introduce the main contents of the Patent Support Programme of TUBITAK. To what kinds 
of patent are grants provided and how much is the amount?  
 
Turkey’s Answer: The Patent Support Programme of TUBITAK aims to increase the number of 
national and international patent application of Turkey and to encourage local companies and inventors to capitalize their intellectual work through patent registration. In particular, TUB İTAK 
provides grants to Turkish registered companies and individuals to offset the costs of patents. 
Patent Support Programme has funding schemes targeting patent applicants and patent attorneys for their national and international applications. Awards provided to national patents are 3.000 TL 
and 10.000 TL for granted international patents. In addition, “national phase” of the Patent 
Cooperation Treaty procedure is also supported  by TUBITAK with an amount of 5.000 TL-10.000 
TL, which differs for EPO, USPTO, JPO and other national patent offices. Furthermore, patent 
attorneys are also supported to enhance the patent ecosystem in Turkey. Awards are provided to 
patent attorneys for each of their patent applications and granted patents.   Question 3: 
Can international applicants apply for the grants in line with the stipulation of Patent Support 
Programme of TUBITAK? If so, what are the requirements and procedures for application?  
 
Turkey’s Answer: Only Turkish citizens or Turkish registered companies/universities/institutions 
are eligible to apply for the Patent Support Programme of TUBITAK.  
Page 114-116, Table3.44 
Table 3.44 listed the main legislations, duration, ex clusions and limitations of Turkey's protection 
of intellectual property rights. The table shows the duration is20 years from da te of filing for fully WT/TPR/M/331/Add.1 
 
- 203 - 
 
  protected patent following examination process,7 years for non-examined patents,10 years for 
utility models. The duration of Integrated Circuit Topographies is 10 years from the date of first 
commercial exploitation by rights holder anywhere in the world.  Question 4 ： 
What is the difference between patent and patent without (substantive) examination? What is the 
difference between patent without (substantive) examination and utility models? 
 Turkey’s Answer: The procedures of obtaining a patent with a substantive examination and 
without a substantive examination differ in some aspects that it is shown in the table below. After 
the search report is published, in accordance with the Article 60 of the Decree Law No: 551, 
applicants may opt for a patent without a substantive examination. The term of protection is 7 years for a non-examined (without a substantive examination) patent from the filing date, while it 
is 20 years for patents with substantive examination. According to Article 72 of the Decree Law 
No: 551, if a request for a substantive examination is filed for a non-examined patent in 7 years 
(starting from the filing date) and if the examination report prepared confirms its patentability, the 
term of protection is extended to 20 year s for the non-examined patent in question.  
 As for the difference between patent without (substantive) examination and utility model, it is the term of protection (7 years for without substantive examination, 10 years for utility model) and 
not having a search report in the procedures of obtaining a utility model. 
 
 
 
Question 5 ： 
In table 3.44, the duration of Industrial Desi gns Decree (No. 554) is 5 years from filing date, 
renewable for 5- year periods to a maximum of 25 years. But the annotation of table 3.44 is “industrial designs may be covered by both the Co pyright and the Industrial Design Law. The term 
is 70 years under the former and 20 years under the latter.” Please explain the inconformity 
between these 2 durations.  
Turkey’s Answer: In Turkey, design right and copyright are accepted as two separate Intellectual 
Property Rights and there are two different laws, namely, Turkish Copyright Law No: 5846 on Intellectual and Artistic Works and the Decree-Law No.554 Pertaining to the Protection of Industrial Design Law. 
 
The rights conferred by the Decree-Law No.554 ar e different from the rights conferred by the 
Copyright Law. A design which is protected by a registered design right may also be eligible for WT/TPR/M/331/Add.1 
 
- 204 - 
 
  protection under the Copyright Law as long as it meets the requirements of the Law and vice 
versa.   Question 6: 
Does Integrated Circuit Layout-Design need application or registration before getting 
authorization?  
Turkey’s Answer: The protection conferred by the Integrated Circuit’s Topographies starts with 
the application date, however, if the applicant (or the third part with the permission of the right 
holder) markets the integrated circuit into the domestic market or foreign market for the first time and files an application within 2 years from the marketing date, the protection conferred for the 
integrated circuit topography starts from the date of the first marketing of the integrated circuit in 
the domestic or foreign market where the first marketing occurred.  
Page 116, Para 3.217 
3.217. At end 2015, the only CL to have been granted was in 1998. In one other case, the TPI was 
requested to initiate a mediation procedure with regards to a CL. 
 
Question 7 ： 
Please elaborate on the specific scenario of comp ulsory licenses (CLs) granted in 1998, including 
the reasons, procedures for the granting and patents that were covered, etc. 
 Turkey’s Answer: There had been only one case regarding CLs so far. The claimant for the CL 
had requested the mediation service of the TPI clai ming that the patent in question had not been 
used in 3 years following the grant of the said  patent. Accordingly, the claimant had been 
requested to provide the “claim for a licence” in lin e with Articles 95, 104, 105, 106 and 107 of the 
Decree Law No: 551 and the claimant had been informed that the relevant fee would be 
determined in due course. However, the claimant ha d not responded to the notification of the TPI, 
and upon the final decision rendered by the Court, the said patent had been registered with a note 
of CL on 27/11/1998. 
 
Question 8 ： 
According to Turkish laws, the decision on CL is  made by courts. What kind of process is the 
mediation procedure initiated by the TPI? What disputes are mainly solved? Is it a mediation procedure before the issuance of a CL, or is for the mediation of royalties after the issuance of a CL? 
 
Turkey’s Answer:  A person desirous to apply for a CL may in the first instance apply to the TPI 
asking for its mediation with a view to obtaining a contractual license for the same patent. TPI 
approves the mediation application taking into consideration whether a situation exists for a CL to 
be required, the financial strength of the claimant  of the CL and whether required tools for the use 
of the invention, which is the subject of the CL, by the claimant exist. The mediation by the TPI 
may be concluded with affirmative or non-affirmative results. In case of an affirmative result, 1 
year period is given to the licensee to use the invention and the license is an exclusive license. In case the invention is not utilised in 1 year, a security is provided.  
The process of the mediation by the TPI is reques t-based and not an obligatory situation that has 
to be completed before going to the Court. In case of non-affirmative conclusion of the process, the Court procedures to be initiated are available. The mediation process by the TPI should not be 
taken as a form of mediation to determine the re muneration after the compulsory license has been 
published by the Court. It is a process that take s place from the very establishment of the license 
agreement to the determination of licensing fees.  
 
Part II. Other Questions  
Question 9 ： 
What is the average period for TPL to complete the substantial examination of a patent? 
 
Turkey’s Answer:  The average time lapsed for a patent to be granted with substantive 
examination is 3 years from the date of filing.   WT/TPR/M/331/Add.1 
 
- 205 - 
 
  Question 10 ： 
Article 18 of Turkey's Decree-Law 551 regulates th at, employees have the obligation of reporting  
their on-duty invention to the employers. Please provide details about Turkey's on-duty invention 
report system. Do employees only have the repo rting obligations of the on-duty invention they 
deem, or all the on-duty ones during their employ ment? What is the legal consequence of violating 
inventions reporting obligations? When on-duty inventions are authorized, do employees have the 
right to get rewards or remuneration? 
 Turkey’s Answer: According to Decree Law No: 551 Article 18, an employee having made a 
service invention shall be under the duty to report, without delay, the invention to his employer, in 
writing. In the report, the employee is under the obligation to disclose the technical problem, its 
solution and how the service invention was realized. For the better understanding of the invention, the employee shall provide the em ployer with the drawing(s) of the invention, if any. The 
employee shall furthermore specify the experience an d activities/work of the enterprise from which 
he/she has benefited; if any, the contributions of other employees, the nature/form of such contributions, the instructions he/she received in respect of his/her work and with regard to said 
contributions and the contributions which he/she considers to be his/her own. 
 Employees are under the obligation to report the inventions which they realize only during the course of their work relation with the employer.  
 
In case of non-reporting of the invention by th e employee, Turkish Labor Law is applied and the 
contract of the employee may be cancelled by  the employer. Also, the employer may claim 
compensation of damages caused by non-reporting by employee.  
 According to Article 22 of the Decree Law No: 551, where the employer claims ownership in whole 
on the service invention, the employee shall have  the right to a reasonable remuneration as 
against the employer. In assessing remuneration, due consideration shall in particular be given to the economical/commercial applicability of the serv ice invention, the duties of the employee in the 
enterprise and the enterprise's contribution to the invention. 
 
Question 11 ： 
According to Article 171 of Turkey's Decree-Law No. 551, patent applicants whose residence is 
abroad can only be represented by patent agents. Are the patent agents dedicated institutions approved or registered by TPL? Where to access the list of patent agents?   
Turkey’s Answer: The patent attorneys have to pass the patent attorney examination which is 
held by the Turkish Patent Institute. The patent attorneys who pass the exam are registered to the 
relevant TPI’s registry. Attorney registration s have to be renewed every year. The contact 
information of the current patent attorneys can be reached from the following address: 
http://www.tpe.gov.tr/TurkPatentE nstitusu/attorneysearchAll/ WT/TPR/M/331/Add.1 
 
- 206 - 
 
  CHINESE TAIPEI 
 PART I: REGARDING THE SECRETARIAT REPORT (WT/TPR/S/331)  
3. TRADE POLICIES AND PRACTICES BY MEASURE  
3.1.8  Contingency measures 3.1.8.2  Safeguard measures 
 
Footnote 47:  Regulation on Safeguard Measures for Imports published in the Official Gazette  No. 254486 on 
8 June 2004, revised by the Regulation on Amen dment of the Regulation on Safeguard Measures 
for Imports ( Official Gazette  No. 27961 of 11 June 2011 and Official Gazette  No. 28836 of 29 
November 2013). As reported in Turkey's previous review,  the 2011 amendment extends the 
scope of safeguard measures to imports of parts of components of a product subject to a 
safeguard measure, or parts or components inco rporating the value added to be safeguarded by 
the imposed measure.  
Question 11 
According to the Regulation on Amendment of th e Regulation on Safeguard Measures for Imports 
(Official Gazette No. 27961 of 11 June 2011) mentioned in footnote 47, the scope of safeguard measures can be extended to imports of parts of components of a product subject to a safeguard 
measure, or parts or components incorporating th e value added to be safeguarded by the imposed 
measure. Please explain when it is decided in a ca se to extend the scope of products in safeguard 
measures. If a decision is not made until safeguard measures are about to be applied, please 
explain the justification for such practice. 
 Turkey’s Answer: The mentioned amendment regarding the inclusion of components of a product 
subject to a safeguard measure was made through adding a new paragraph to the end of Article 6 
of Decree No. 2004/7305 of the Council of Ministers on Safeguard Measures for Imports, dated 10 
May 2007.   
The rationale is to prevent the circumvention of a safeguard measure through basic assembly of 
the product subject to safeguard measure after importation.  
Question 11 
To follow Turkey’s answer, plea se explain whether those imports of parts or components of a 
subject product, or parts or components incorpor ating the value added to a subject product, are 
within the scope of the subject product under in vestigation?  If not, please explain how the 
concerned amendment and such practice comply with the obligation under Article 3.1 of the Safeguard Agreement.   
Turkey’s Answer: Imports of parts or components incorp orating the value added to a subject 
product are within the scope of the subject product under investigation. The investigating authority has to make an explicit determination on the subject product as well as the value added that is 
aimed to be safeguarded.  WT/TPR/M/331/Add.1 
 
- 207 - 
 
  EUROPEAN UNION 
 
WT/TPR/S 331  
EU initial question N°7 : 
Page  49, paragraph 3.23, Customs valuation  
The Secretariat notes that " there have been no changes during the review period in Turkey's basic 
provisions on customs valuation and that the primary basis for customs value is the transaction 
value".  Also, the report indicates that " the primary basis for customs value is the transaction 
value. The transaction values used by Turkish customs are c.i.f. values ". In some cases, it seems 
that the set value for surveillance are much higher than the selling price.  
 
Could Turkey provide information on how va lue-based surveillance is implemented at 
the customs for imports which are below the customs value set for the surveillance but 
lack a surveillance license? Doesn't this give ri se to declarations of a "fictional" customs 
value which is above the actual transaction value by the importers who fail to obtain a 
non-automatic license to be able to import be low the set value? Is it normal that this 
practice does not create difficulties as to  customs value determination and does not 
circumvent the use of the transaction valu e as the primary basis for customs value 
which is defined as price actually paid or payable for the imported goods in Agreement 
on Implementation of Article VII of the GATT,  in compliance with Turkey's obligations?  
 
Turkey’s Answer: Purpose of the import surveillance system is to closely monitor and to collect 
specific data regarding the imported products. In many cases, the surveillance is only implemented 
to products below a certain c.i.f.   value in order to make the least effect on other trade. But, there 
are surveillance practices with no set price criteria thus monitoring all trade. This determination is based on the characteristics of the product itself or the target of the surveillance application. 
 
On the other hand, in order to avoid administrative procedures, importers usually submit a customs declaration voluntarily in which the customs value of the imported goods is declared above the price threshold set in the surveillance Communiqué. 
 
In principle, the primary basis for customs value is the transaction value which is c.i.f. value. Customs declaration above the transaction value is an exceptional case and this declaration is 
made voluntarily by the importers. In the customs value declaration these cases are negligible and 
can be ignored. On the other hand, importers’ specific problems relating to the issuance of surveillance licenses have always been welcome by the Turkish authorities.  
 
E U  F o l l o w  u p  q u e s t i o n  t o  i n i t i a l  E U  q u e s t i o n  N ° 7 :  I n  i t s  r e p l y ,  T u r k e y  s t a t e s  t h a t  t h e  purpose is to closely monitor imports and co llect specific data regarding the imported 
products. In many cases, the surveillance is only implemented to products below a 
certain c.i.f.  value in order to have the least effect  on overall trade. Turkey also replies 
that on the other hand, in order to avoid administrative procedures, importers usually 
submit voluntarily a customs declaration in which the customs value of the imported 
goods is declared above the price threshold set in the surveillance Communiqué. 
 In fact, any data regarding imports that need  to be surveyed for statistical purposes can 
be recorded by the customs authority withou t putting additional documentary burden on 
importers. However, as indirectly acknowledged  in the answer by Turkey, surveillance, if 
implemented in a way that Turkey does, has an impact on trade.    
Could Turkey explain the reason why it re quires a surveillance license instead of 
monitoring imports by recording them as well as the rationale for implementing  a value based surveillance system given the acknow ledged effect on trade? Could Turkey 
provide more details on the administrative procedures which incentivise importers to 
declare a higher customs value? Could Turkey  provide information on the ratio of cases 
where the importers "voluntarily" declare higher  customs values in relation to the total 
number of declarations only regarding the imports which are subject to surveillance? 
 
Turkey’s Answer: Regarding the surveillance system, some documents (information about the 
exporter and importer, proforma invoice, informat ion about economic indicators of the company, 
and information about the cost of the product) are required and these procedures cannot be WT/TPR/M/331/Add.1 
 
- 208 - 
 
  performed by customs authorities. On the other hand, a value based surveillance system is only 
used for low-priced imports.   In order to refrain from the administrative procedures, some companies declare higher customs 
value. These procedures include providing certain documents to the Ministry of Economy of Turkey 
and these documents are listed in the related Communiqués.   
Regarding the ratio of cases where the importers "voluntarily" declare higher customs values in 
relation to the total number of declarations; Turkish authorities do not have that statistical information.   
EU Question N°8: 
It seems that in certain cases, the set values for the surveillance are artificial and much higher 
than the market values and consequently, taxes collected at customs are higher than what is 
normally payable. In particular for VAT, the importer would structurally remain in the position in 
which it should be reimbursed VAT from the Turkish Administration. It is understood that the importer can carry forward that VAT amount to the next fiscal period, however, if the situation is 
structural, the importer will continue to carry forward increasing amounts of VAT and will never be 
reimbursed by the Turkish Administration. So, eventually, that VAT amount will be a loss for the importer. In contrast, for domestic producers, VAT is computed on transaction value.  
Could Turkey confirm that such a situation ca n happen? If yes, how does Turkey justify 
this with its obligations under Article III of the GATT?  
Turkey’s Answer: Purpose of the import surveillance system is to closely monitor and to collect 
specific data regarding the imported products. In many cases the surveillance is only implemented to products below a certain c.i.f value in order to make the least effect on other trade. But, there 
are surveillance practices with no set price criteria thus monitoring all trade. This determination is 
based on the characteristics of the product itself or the target of the surveillance application.  On the other hand, in order to avoid administrative procedures, importers usually submit a 
customs declaration voluntarily in which the customs value of the imported goods is declared 
above the price threshold set in the surveillance Communiqué. In this case, customs duties and 
the value added tax (VAT) are collected over the value that is normally payable. This is the 
preference of importers as the importers carry forward the VAT amount to the next fiscal period. 
VAT paid by the importers is offset with their receivable other VAT accounts which then lessens the financial burden of the system. It should be no ted here that the surveillance system does not 
create any structural problems and thus does not contradict with Article III of GATT. 
 E U  f o l l o w - u p  q u e s t i o n  t o  i n i t i a l  q u e s t i o n  8 :  T u r k e y ' s  a n s w e r  c o n f i r m s  t h a t  t a x e s  collected at customs are higher than what is normally payable whereas for domestic 
producers, VAT is computed on transaction va lue. If so, could Turkey elaborate how this 
situation is compatible with Article III of GA TT also considering that  in certain cases the 
set values for surveillance purposes can be artificial and as such much higher than 
actual market values? 
 Turkey’s Answer: In principle the primary basis for customs value is the transaction value. VAT 
is computed on transaction value both for domestic producers and importers. So there is no 
incompliance with Article III of GATT. On the other hand, as explained in the original answer, for the products subject to surveillance system, in orde r to refrain from the administrative procedures, 
some importer companies voluntarily declare higher customs value. These companies may choose 
to provide the documents listed in the Communiqué. As importers can carry forward VAT amount 
to the next fiscal period and later offset it with VAT receivables, they may choose to refrain from the administrative procedures. As stated above, from  Turkey’s point of view, this is no violation of 
Article III of GATT.  
 EU initial Question N°11 : 
Page 60 paragraph 3.46  notes that " SCT on imports is primarily collected when goods are 
cleared through customs, and for domestically pr oduced goods upon delivery to the customer" . 
The EU would like to stress that, unlike domestic producers, importers of spirits but also of cigarettes, of motor vehicles and of cosmetics (inter alia) do not benefit from a duty deferment 
period. While local producers can delay payment of excise by several weeks, importers have to pay WT/TPR/M/331/Add.1 
 
- 209 - 
 
  duty before their products can be released onto the market. This puts importers at a competitive 
disadvantage.  Does Turkey plan to harmonise SCT payment conditions for imported and domestic 
products? If the answer is positive, when  would this harmonisation take place and 
would it cover all products? If not, what is the rationale?   
 
Turkey’s Answer: According to Special Consumption Tax Law (Law No: 4760), when determining 
the subject of the tax or taxable event, there is no difference between domestic producer or 
importer. Both the domestic producers and importer s of spirits but also of cigarettes, of motor 
vehicles and of cosmetics (inter alia) are taxed under the same status and conditions, in the 
course of production, delivery and importation. 
 The below lists indicate products where SCT are charged; 
-List (I) is related to petroleum products, natural gas, lubricating oil, solvents and 
derivatives of solvents.  
-List (II) is related to land, air and sea vehicles (cars and other vehicles, motorcycles, 
planes, helicopters, yachts etc.) 
-List (III) is related to alcoholic beverages and cola soda pops, cigarettes and other 
tobacco products,  
-List (IV) is related to other consumption goods (caviar, furs, mobile phones, white goods 
and other electrical household machines etc.) 
 According to Article 3 of above-mentioned Law, taxable event for goods laid down in List (I) occurs 
on delivery of the goods or conditions regarded as delivery, not on importation. 
 For List (II) products, there is no SCT liability on the importation of vehicles subject to recording 
and registration while taxation of their initial acquisition phase. As regards vehicles not subject to 
recording and registration, SCT liability arises during the phase of importation or during the 
delivery phase for the domestically produced vehicl es. Thus SCT is charged only once during the 
phase of free movement or supply to the market, without any discrimination between the imported 
and domestically manufactured vehicles. 
 For List (III) and (IV) products, like cigarettes, spirits and cosmetics, the application of SCT is 
similar to vehicles not subject to recording or registration.  
 Therefore, since SCT does not discriminate betwee n domestically produced and imported products, 
we do not see any need for an alteration in the legislation at the moment. 
 EU follow up question to initial question N°11: Domestic spirits producers can store 
spirits in their warehouses - tax unpaid – an d have up to 45 days in which to pay the 
excise tax due when they move them to re tail and other sales channels while importers 
do not have access to "tax unpaid warehouses " in Turkey and must pay all excise taxes 
due immediately when their goods enter the co untry. In its reply, Turkey  states that 
SCT is only paid once without any discrimina tion but does not address the issue of the 
alleged discrimination with regard to when the tax is payable. Could Turkey address the 
issue of the discrimination aspect that rests in the timing for requesting the tax to be 
paid? 
 Turkey’s Answer: According to the Special Consumption Tax (SCT) Law No. 4760, the tax is 
collected at the stage of importation of goods that  are set out in the annexed list No (II) that are 
not subject to recording and registration, alcoho lic beverages and tobacco products indicated in 
the annexed list No (III) and durable consumer goods and other goods stated in the annexed list No (IV). This implementation arises from current legal regulations and is based on the structure of 
indirect taxation system in Turkey. Thus, during implementation of VAT which is another indirect 
tax, taxation is done in the phases of import and domestic delivery.  
Besides, according to the above mentioned Law, SCT taxation is made during the period of 
importation simultaneously with the import taxes or, for situations not subject to customs duty on the register date of the declaration that has been  accepted pursuant to the customs legislation or 
the register date of other documents accordingly. Therefore, for the imported goods which are 
subject to customs duty, SCT taxation is made in the same framework of customs duty. WT/TPR/M/331/Add.1 
 
- 210 - 
 
  There is no SCT legislation in Turkey similar to that of EU legislations on tax warehouses or tax 
suspension for free movement of goods within the EU, which enables suspension of SCT until release for consumption of goods (except goods that are set out in the annexed list No (II) that are not subject to recording and registration). This situation does not lead to a pave the way for a 
discrimination between goods that are imported  and domestically produced. All tax payers, 
regardless of whether they deliver the goods for consumption or not, have to declare and pay their duties within the time laid down by the Law. 
 
Original EU question 13 EU Question N°13 : 
Page 66, Import restrictions and licensing and page 72 section 3.1.9.3 on standards and 
alignment to the EU para 3.76 on medical devices 
The EU would like to add to the description of  the WTO Secretariat the following information. 
Turkish Ministry of Health in 2009 issued requirem ents that in order for a pharmaceutical product 
to be imported to Turkey the manufacturer must submit a certificate of Good Manufacturing 
Practice (GMP) issued by the Turkish Ministry of Health or an authority of another country with which Turkey has reciprocal certification agreemen t. Therefore, since 1 March 2010, Turkey does 
not accept the EU GMP certificates as it was the case since many years. Instead, the 
manufacturers need to apply and wait to be in spected by the Turkish official inspectors for 
receiving this certificate for the registration of new medicine or variations of existing products. The introduction of this measure and Turkey’s limite d capacity to implement these requirements and 
deliver the GMP certificate within a reasonable period of time, has led to significant delays in the 
registration of new pharmaceutical products in Turkey. These requirements coupled with the limited enforcement capacity of the Turkish authorities are de facto banning imports of new 
pharmaceutical products to Turkey and have created a huge backlog of de facto unprocessed 
requests.   
What measures does Turkey in tend to take to remedy the above described situation?  
 Turkey’s Answer: Pharmaceuticals and Medical Devices Institution under the Ministry of Health of 
Turkey has the competence to inspect just like the other competent authorities in other countries. 
This right has been mentioned for the first time in the GMP Regulation dated 1984 and mentioned 
again in the Article 13 of the ‘’Regulation on Manufacturing Plants of Medicinal Products for Human Use’’, which is currently in force. This Regulation was prepared in accordance with Directive 
2001/83/EC of EU through harmonization. In additi on, during the inspections, scientific guidelines 
that are accepted on an international level are used (PIC/S, FDA, ICH guidelines etc.). The GMP certification process is conducted whether the manufacturer is foreign or domestic. 
 
During this process, following amendments were made in order to facilitate and accelerate GMP certification process:  
 On 06.03.2015, the period of validity of the GMP inspections of the foreign manufacturing 
plants conducted by the Ministry of Health/the Agency and/or the GMP certificates that were regulated in accordance with the conducted inspec tions that exceeded the 3-year-validity-period 
were prolonged starting from 31.12.2009 until 30.06.2016. Thus, prolongation of the validity 
period of certificates available without the need  to inspect has been provided in the foreign 
manufacturing facilities that meet the relevant criteria (published and announced as a guideline). 
 
 Furthermore, the number of GMP inspectors and the corporate capability of GMP department 
in the agency have been reinforced.  
 Another important progress that has been made is the fact that the agency has formally 
applied for full membership in the PIC/S (Pharmac eutical Inspection Cooperation Scheme). As the 
Country/Agency that has applied for full membership, all committee meetings of the PIC/S are 
attended regularly. Currently, the document based inspections are finalized and “visit and on-site 
inspection” is being awaited.  
 Draft Regulation on Manufacturing Plants of Medicinal Products for Human Use has been re-
evaluated according to views of stakeholders. And it is planned to be finalized during the first half 
of 2016 and to be sent to European Commission.  WT/TPR/M/331/Add.1 
 
- 211 - 
 
  Follow-up question to EU question 13: In its response, Turkey refers to the 
reinforcement of the agency to conduct inspec tions and to its application to the PIC/s. 
This should improve the situation for the fu ture. However, there is still the issue of a 
backlog of hundreds of applications that have been filed over the past years that remain 
un-cleared despite the obligation to conduc t the inspection within 90 days of the 
submission of the application and to deliver the market authorizatio n within 210 days of 
the submission of the application. This situ ation has created de facto a very important 
obstacle to trade. Could Turkey mention how it  will address this issue of the backlog and 
deliver the belated market authorization? Ca n Turkey now confirm that it will conduct 
future inspections within 90 days of the su bmission of the application and deliver the 
market authorization within 210 days of  the submission of the application? 
 
Turkey’s Answer:  Inspections are planned by taking into account the centrality and critical 
importance of products for public health. Additionally, conducting planned inspections are not only 
under the initiative of the Agency as relevant manufacturing sites’ and local authorities’ consent is 
also required. Besides, after the inspections, corre ction of the defined inspection findings process 
is the liability of manufacturing sites. All these, may have implications over the certification 
procedure. 
 Explanation regarding waiting application dossiers can be found in our original answer.  
Original EU question 19 
Page 96, Paragraph 3.162 "The Ministry of Health uses a reference price sy stem to determine prices of pharmaceuticals using 
the lowest wholesale prices in some EU member States as the reference. Currently, the reference 
prices are converted into Turkish Lira at a fixed rate of TL 2.0787 to the euro". The EU notes that 
the exchange rate for determining drug prices has not been updated to reflect currency changes. 
This, combined with mandated high discounts, has resulted in significant losses for foreign 
pharmaceutical companies.   Does Turkey intend to rectify this situat ion by amending the pricing methodology for 
pharmaceuticals so that it reflects  the currency exchange rates?  
 Turkey’s Answer:  Provision regarding “The rate of 1 (one) Euro in the form of Turkish Lira used 
in the pricing of medicinal products for human us e shall be determined by multiplying the yearly 
average Euro rate that will be calculated based on the indicative daily Euro selling rate of exchange of Ce ntral  Bank of R ep ub l i c  of T urkey whi c h have  be e n p ub lis he d  i n the Offi c i al  G azette  of the 
previous year with the adjustment coefficient which is 70%. Price Assessment Committee shall 
annually meet on the first 5 (five) workdays of  January and shall announce the rate of 1 (one) 
Euro that will be used in the pricing of medicinal products for human use in accordance with the procedures mentioned above.”  is laid down in Paragraph 2 of Article 2 of the Decision published in  
Official Gazette dated 10.07.2015 No. 7752. Thus, Price Assessment Committee (PAC) decided at 
its meeting on 08.01.2016 to update the rate of 1 (one) Euro from 2.0787 TL to 2.1166 TL.  
In accordance with the provision regarding “The changes in the rate of Euro used in the pricing of 
medicines shall be implemented 45 days after the Committee’s announcement” in Paragraph 3 of Article 7 of the Decision, the date of validity of the rate of Euro that has been raised to 2.1166 TL 
starts from 45 (forty-five) days after PAC’s decision.  
 Currently, exchange rate used in the pricing of medicines is 2.1166 TL for both locally produced and imported pharmaceutical products.  
 
EU follow up question to EU original question 19. In its response, Turkey refers to the decision of the Price Assessment Committee (P AC) of 8.1.2016 to update the exchange 
rate of 1 euro from 2.0787 TL to 2.1166TL. However, Turkey did not respond to the 
question. As published in specialized press, on 8.1.2016, the actual exchange rate was 1 
euro: 3.29 TL. The new exchange rate fixed by the PAC is thus far away from real market 
value, and operators are unduly penalized by th e use of artificial exchange rates by the 
PAC. How will Turkey ensure that the pricin g methodology and the exchange rates used 
for pharmaceuticals reflect the actual currency exchange rates?  WT/TPR/M/331/Add.1 
 
- 212 - 
 
  Turkey’s Answer: As was indicated in the original answer, Price Assessment Committee (PAC) 
decided at its meeting on 08.01.2016 to update th e rate of 1 (one) Euro from 2.0787 TL to 2.1166 
TL based on the Decision on the Pricing of Medicinal Products for Human Use  to be effective as of 
22.02.2016. 
 
However, even if 70% of the yearly average Eu ro rate is determined, there are tools through 
which PAC ensures the availability of pharmaceuticals in the Turkish market and are some 
available options in the pricing regulation for ph armaceuticals based on actual currency exchange 
rate.  PAC may designate differentiating prices and/or profit rates for medicines to be subjected for the 
purchases made upon the utilization of alternative reimbursement models in accordance with 
Article 73 of Law No. 5510 on Social Insurances and Universal Health Insurance.   
PAC is also entitled with 
 - granting price above the designated price for prod ucts holding a critical importance in terms of 
public health by taking into account the general principles of the Notification;  
- evaluating increases in prices of products of wh ich market availability is mandatory due to public 
health and products which provide savings in terms of public finance upon ensuring their market availability,  
- pricing pharmaceuticals like albumins and IVIg’s   based on the actual currency exchange rate 
due to its market availability.   
EU NEW QUESTIONS (in total 5 new questions) 
3.1.1 Customs procedures and requirements, page 47, para 3.15 
Certain goods may only be imported through spec ialized customs offices. As a result, all goods 
subject to this type of custom procedure must ph ysically be transported to these locations. The 
specialty customs (for instance for non-EU furniture, rugs and hinges and lighting fixtures) are situated far from the ports. Consequently, this contributes to increasing costs and clearance lead times as well as having a negative impact on the environment.  
 
EU new Question 1: In its last TPR, in 201 2, Turkey explained that specialized customs 
offices are not designed as an obstacle or  a restriction to trade but that they are 
equipped with relevant techniques and expertis e and that their aim is to ease and speed 
up the formalities. However, the Secretariat re port states that "the purpose is also to 
make effective controls on tariffs, valuation,  and origin matters". Could Turkey elaborate 
why the designation of specialized customs offi ces is chosen to make controls on tariffs, 
valuation, and origin instead of risk analysis ? And how does Turkey ensure that trade is 
not hindered given the transportation an d other administrative costs incurred by 
operators due to this practice? 
 
Turkey’s Answer: The mentioned purpose of “making effective controls on tariffs, valuation, and 
origin matters” can be seen as a “by-product” or “side benefit” of specialized customs application’s 
results. Turkey uses first-hand advanced risk analyses systems, pre-summary declaration systems 
and other common control mechanisms to conduct tariff, valuation, and origin controls.  
Besides, as mentioned before, in Turkey, not all g oods but only some specific goods such as metal 
waste, petroleum products which require special cu stoms control procedures and/or hardware (for 
instance radiation detection etc.) are subject to specialized customs application.  
For such specific goods, besides those first-hand control tools, special customs offices, frequently 
dealing with processes of these goods, have an automatic advantage of getting experienced on tariff, valuation, and origin documentation for that type of goods which enable them making such 
controls faster and more effective. 
 3.1.5 Tariffs 
3.1.5.7 Fees and charges for services rendered, page 58 
Certain non-tariff and technical barriers create costly, time consuming and complicated compliance processes in the custom clearance. One problem for example is when local physical inspection takes place before custom clearance (for example Food Contact Articles (700 SKUs - even though 
the products are tested in accredited laboratories), Lighting Articles (320 SKUs), Toys and WT/TPR/M/331/Add.1 
 
- 213 - 
 
  Batteries (140 SKUs)). Another concern is when products are sent to the customs laboratory for 
tariff code analysis even though tariff codes are in order. In addition, it remains often unclear whether the physical inspections are carried out by  the customs authority or by other authorities. 
As regards laboratory testings, at the beginning of last year there was a surge in the goods that 
were directed to customs laboratory testing. The Customs implementing regulation was modified in 
the sense that analyses may be performed in accredited laboratories other than the customs laboratories (OG of 13 March 2015). In addition in page 45, the Secretariat report states that over 
the review period the Customs Law and its regulations have been amended several times. These 
amendments include, inter alia , changes to laboratory analysis sampling procedures. In the section 
3.1.1 Customs procedures and requirements, paragraph 3.8 page 46, the Secretariat states 
that pursuant to risk assessment, goods may be subject to physical inspection. It also reports that 
data on the percentage of goods physically inspected was not available.  
 EU new Question 2: Could Turkey provid e information on the level of physical 
inspections on imports and exports and ex plain the relation between the level of 
physical inspections and risk assessment? Co uld Turkey give the percentage of traded 
goods subject to physical inspection?  
 
Turkey’s Answer: Turkish Customs Administration has been actively improving the system for 
electronic Risk Analysis (based on high, medium and low risk scores which recognize traders compliance history e.g. AEO status) in order to target the increasing number of declarations in all 
customs procedures and to deal with the requirem ents of the Risk Analysis processes for fiscal, 
safety and security purposes based on the risk areas such as nature of goods, origin country, 
mode of transportation and compliance history of th e traders, etc. In addition to the risk-based 
controls that are applied deliberately, “random” controls are also conducted at both central and 
local levels.  
Turkish Customs works within the framework of a mode rn legislation to reduce the cost of trade by 
making procedures more transparent, easier and fast er with the help of an effective risk analysis 
system. In this regard, the risk assessment activities are the major determinants of physical inspection rates at customs. Physical inspection rate is approximately 15% for imports, while for 
exports it is around 5%. With the aim of improving the selectivity in customs controls and 
enhancing efficiency of anti-smuggling activities, the physical inspection rates are regularly monitored and evaluated.  
 
3.1.9.4 Controls at the border, page 73, para 3.81 It is reported that in 2011, Turkey started a p ilot implementation of a risk-based trade control 
system, TAREKS, to carry out safety checks on impo rted and exported goods on the basis of risk.  
The EU has noted that almost half of  footwear articles are subject to inspection in Turkey with costly and lengthy delays as a result. The requirements regarding phthalates seem to match those of the EU chemicals regulation, REACH. However,  Turkey does not accept test results of EU 
accredited laboratories, only tests by Turkish laboratories. Turkish footwear does not seem to be 
subject to the same level of testing.  
Could Turkey provide information on the modification relating to the laboratory analysis 
and level of  laboratory analysis carried ou t for tariff classification purpose in 2015? 
 
Turkey’s Answer: Modification in the Customs Implemen ting Regulation (CIR) in terms of 
laboratory analysis arose from problems regarding toys. Toys, which are basically classified in position 95.03, do not fall within the scope of products that are subject to Annex 23 of the CIR. For the purpose of determining tariff classification, it is not an obligation to analyse imports in 
accordance with Article 196 of the CIR. 
 Some products (toys, shoes, etc.) are directed to the red line examination and sent for laboratory 
analysis. In those cases, to decrease the analysis time of the products and to relieve declarants, 
some accredited laboratories, apart from customs laboratories, are also authorised to carry out analyses. 
 
In 2015, 150.066 samples of over 72.024 customs declarations were examined by Turkish 
customs laboratories.  WT/TPR/M/331/Add.1 
 
- 214 - 
 
  EU new Question 3: Could Turkey explain ho w such extensive testing to which the EU 
imports are subject could be considered risk-b ased, despite the fact that those products 
have already been cleared by EU Member St ates Customs and are in free circulation? 
Given that Turkish footwear is allegedly not subject to the same level of testing, could 
Turkey provide its assessment of the possi ble conflict with the non-discrimination 
requirement of the WTO?   
Turkey’s Answer:  Import controls of shoes regarding their “phthalate” content are carried out 
through “Risk-Based Trade Control System (TAREKS)” within the framework of the Communiqué of Product Safety and Inspection No. 2016/18 (Official Gazette, dated 31/12/2015 and no. 29579). The Communiqué requires shoes to be checked at customs stage. 
 
TAREKS based import controls are carried out electron ically and on risk basis. In other words, only 
risky products are subjected to safety and conformity checks. In this regard, samples are taken 
from product models and checked at accredited laboratories for their “phthalate” content. In this 
respect, no origin certificates are asked during  import controls performed under the Communiqué 
No. 2016/18. 
 
Within the framework of the Communiqué, produc ts originating in the EU or third countries 
accompanied with an A.TR document are principally not subjected to safety and conformity checks. They undergo these checks only if they are co nsidered risky according to the risk assessment 
criteria. 
 Shoes regarding their “phthalate” content are also subjected to conformity controls as market 
surveillance activity by the Ministry of Custom s and Trade (MCT) according to the related market 
surveillance Communiqué (Official Gazette, dated 14/1/2015 and no. 29236).   
Risk-based controls that require laboratory tests were tightened in 2015 as a result of detection of 
azoic dye at footwear. Besides, as domestic products are also checked at the market stage, Turkey’s implementation is in line with th e non-discrimination requirement of the WTO. 
 
3.1.6 Other charges affect ing imports, page 59 
 In the Secretariat report a number of duties and charges are mentioned. However, a duty that is 
not reported is a special surcharge, ‘KKDF’, of 6.5% is imposed on payment against invoice 
address. International companies produce goods in other countries. Production from country A but invoicing from country B are taxed with 6 % if the invoice address does not match the country of 
production. Example: An international company has production in China, but invoices from France 
and sales in Turkey. If the payment does not go to China, the tax of 6 % will be raised in Turkey.  
 EU new question 4: Could Turkey explain the rationale for this special surcharge? 
Moreover, could Turkey provide its assessmen t of the possible conflict with WTO rules 
on National Treatment on International Taxa tion and Regulation (non-discrimination)? 
 
Turkey’s Answer: The Resource Utilization Support Fund (the RUSF) is not a charge or a fee, but 
a fund levied on only credit based importation. Thus, not all importation is subject to the RUSF. The RUSF is collected on credit based importation or credit based transaction where any credit is 
used. If the price of the good is transferred before the customs liability has started, according to 
customs regulation, RUSF is not collected. However, if the price is transferred after this date, then, 
this credit based transaction is subject to RUSF be cause of the fact that importer is credited. There 
is no distinction for collection of the RUSF depending on any criteria such as the type of imported 
good or country of origin. 
 RUSF is a policy tool which is applied to goods imported using credit and consumer loans and also 
loans obtained abroad. RUSF by nature does not represent an indirect protection to domestic 
products vs imported ones a taxation of imports.   
3.1.10 Sanitary and phytosanitary requirements 
3.1.10.1 Overview and alignment with the EU, page 75  It happens that EU companies are facing frequent problems with inconsistent import rules and 
certificate requirements for export of food products to Turkey. The demands are forwarded WT/TPR/M/331/Add.1 
 
- 215 - 
 
  through brokers/importers in Turkey and seem to be a condition for filing for an import license. It 
is very difficult to get in direct contact with th e Turkish competent authorities. It is stated that 
Turkey has been focusing on harmonizing its SPS le gislation with that of the EU during the review 
period. However, EU exporters and EU authorities are experiencing that SPS import procedures are 
non-transparent and inconsistent, in particular regarding certificate requirements for export of 
f o o d  p r o d u c t s  t o  T u r k e y .  M o r e o v e r ,  i t  i s  v e r y  d i f f i c u l t  t o  g e t  i n  d i r e c t  c o n t a c t  w i t h  t h e  T u r k i s h  competent authorities not only for exporters, but also for EU authorities. 
 
EU new Question 5: How does Turkey look upon this issue? Does Turkey have any plans to increase transparency in its SPS pr ocedures and increase Turkish competent 
authorities’ availability?  
 
Turkey’s Answer: In accordance with the WTO Agreement on Sanitary and Phytosanitary 
Measures, WTO member states have the right to adopt or enforce measures to protect human, 
animal or plant health, and/or food safety, as long as those measures are applied in a manner 
which would not create any unjustified discrimination between memberws or disguised restriction on international trade. The said Agreement also stipulates that these measures be implemented on 
the basis of scientific data. 
 As a WTO Member, Turkey is also bound with the provisions of the Agreement on Sanitary and Phytosanitary Measures and respects fully that SPS measures are implemented in accordance with 
above mentioned principles. 
 In live animal and animal products trade, notifiable diseases which are notified by OIE member 
states are taken into consideration while taking measures.  
 Notified diseases are tracked and import ban regarding animal and animal products can only be 
imposed in certain regions or when necaessary, for all parts of the country, in order to avoid 
spread of disease in the counry in which the disease is erupted.  Veterinary health certificates are determined in accordance with relevant EU Directives, and 
recommendations of the OIE, which are also reflected in national legislations. 
 If there is no designated model health certif icate issued by the Ministry, submitted model 
veterinary health certificate shall contain exporters country/region of the product, central 
competent authority, consignor, consignee, place of origin, animal species the products obtained, description of commodity, quantity, information on  means of transport and for products intended 
for human consumption, it shall contain declaration of fit for human consumption. For products not 
intended for human consumption, the purpose of use must be stated (For example; for feeding 
purposes, soap industry etc.) It must contain public and animal health attestation according to the type of the product. 
 
Aforementioned certificates are available at “http://www.tarim.gov.tr/Konular/Veteriner-
Hizmetleri/Ihracat-Ithalat/Ithalat?Ziyaretci=Ihracat-Ithalat” web page and relevant units (persons 
contact information) are available at “http:// www.tarim.gov.tr/GKGM/Menu/6/Personel-Telefon-
Rehberi”.  
For imports of non-animal origin food and feed products, there is no designated model certificate. 
Documents meeting requirements of certificates which are given in “Regulation on Official Control of Plant Origin Food and Feed Import” and issued  by the exporting or producing country competent 
authorities are accepted. Competent authorities that are authorised to issue certificates by the 
relevant countries and model certificates have to be submitted to Turkey. 
 During the negotiations for the Update of the Customs Union between Turkey and the EU, 
“establishing stronger SPS provisions” will  be one of the topics to be negotiated. WT/TPR/M/331/Add.1 
 
- 216 - 
 
  JAPAN 
 Report by the Secretariat (WT/TPR/S/331)  
3 TRADE POLICIES AND PRACTICES BY MEASURE 
3.1 Measures Directly Affecting Imports 3.1.6 Other charges affecting imports 
3.1.6.4 Other taxes and charges 
 (Question : Page65, Paragraph 3.52) According to the answer by Turkey, the RUSF is  levied on importation in some case, RUSF 
revenues are transferred to the general state budge t, and RUSF is not the tax, fee nor charge. 
Then, is RUSF a type of customs duties imposed on importation?  
(Question) 
How does Turkey maintain RUSF in conformity with GATT VIII?  
Turkey’s Answer: RUSF  has no relation with any type of fe e or charge that are mentioned in 
GATT Article VIII but rather a policy tool which is applied to goods imported using credit and 
consumer loans and also loans obtained abroad. In addition RUSF by nature does not represent an 
indirect protection to domestic products or a taxation of imports.  
Turkey’s Answer: As it is stated in our previous answer, RUSF is not a type of tax, fee or duty 
imposed on importation. But, it is a policy tool which is levied on credit-based transactions with consumer loans obtained from domestic banks an d loans obtained from abroad by the taxpayers 
who are residents in Turkey or any other credit based importation regardless of whether the user 
is a real person or a legal entity. WT/TPR/M/331/Add.1 
 
- 217 - 
 
  ECUADOR 
 
Preguntas adicionales de Ecuador 
 
Informe de Secretaría: 
1. De conformidad con la página 31, párrafo 2.9, el Gobierno de Turquía, en el Décimo Plan de 
Desarrollo 2014-2018, ha establecido 25 programas prioritarios en los que centrará su labor, vinculadas a la política comercial, siendo uno de  ellos, el Programa para la Reducción de la 
Dependencia de las Importaciones.  
Al respecto, podría indicarnos Turquía ¿Qué tipo de medidas comerciales se contemplan en el 
mencionado Plan? 
 
Turkey’s Answer: The main purpose of the Programme for Reducing Import Dependency is to 
decrease import dependency by shifting transforma tion of production structure in favour of high 
value added products and promoting production and usage of domestic inputs. In this context, measures should be taken for improving technological capacity, standards and quality of domestic 
products; encouraging effective utilization of domestic natural resources, waste recycling for a 
circular economy and decreasing production costs such as energy, transportation and labour.   
The Programme does not include specific trade measures and no trade policies have been used, in 
this regard.  
2. De conformidad con la página 62, párrafo 3.8, en relación a los certificados de circulación de 
mercancías EUR.1 o EUR-MED (para las importaciones procedentes de países no pertenecientes a la UE con los que Turquía tiene acuerdos de libre comercio), podría Turquía informarnos ¿Cuáles son los requisitos para obtener el certificado EUR.1 o EUR.MED, y si este tipo de certificados se 
realiza por cada importación o tiene du ración por un periodo determinado? 
 Turkey’s Answer: In order to benefit from preferential customs duties during customs clearance, 
EUR.1 or EUR.MED movement certificates are required for imports from non-EU countries with 
which Turkey has free-trade agreements, and from EU member states for imports of agricultural 
goods, and coal and steel products.  
 
EUR.1/EUR-MED Movement Certificate is used to demonstrate that the goods are originated pursuant to the relevant agreement (i.e. Free Trade Agreement) rules and benefit from the tariff reduction while trading with a contracting count ry. These documents can be accepted for goods 
which are subject to one single consignment between FTA partners and cannot be re-used for 
another importation even if the goods, exporter or importer are the same as in the previous 
importation(s). In general, these certificates are admissible by customs offices only in 10 month 
period after exporting country’s customs endorsement. 
 In Turkey, these certificates are issued by Exporter Unions, Chambers of Commerce and/or 
Industry and Chambers of Tradesmen and Craftsme n. The exporter should verify to the related 
Chamber/Union whether the goods are of exporter country’s origin via written evidence (likewise invoices, production capacity reports etc.).   
3. De conformidad con la página 83, párrafo 3.88, en Turquía, todos los productos, ya sean 
importados  o  de  producción  nacional,  están  sujetos  a  actividades  de  vigilancia  del mercado a cargo de 10 autoridades públicas. 
 
En este sentido, podría Turquía indicarnos ¿Cuáles son las 10 autoridades públicas, encargadas de 
la vigilancia del mercado? 
 
Turkey’s Answer: 
The names of the public authorities that are resp onsible for market surveillance are as follows: 
1. Ministry of Science, Industry and Technology 
2. Ministry of Customs and Trade  
3. Ministry of Health  
4. Ministry of Food, Agriculture and Livestock  
5. Ministry of Environment and Urbanization  WT/TPR/M/331/Add.1 
 
- 218 - 
 
  6. Ministry of Labour and Social Security 
7. Ministry of Transport, Maritime Affairs and Communications 
8. Information and Communication Technologies Authority 
9. Tobacco and Alcohol Market Regulatory Authority 
10. Energy Market Regulatory Authority 
 
4. De conformidad con la página 96, párrafo 3.135, las diversas cámaras de comercio y uniones de cámaras de Turquía también participan intensamente en actividades de promoción de las exportaciones.  
En este contexto, podría Turquía informarnos ¿Dónde se puede obtener información sobre 
las Cámaras de Comercio y Uniones de  Cámaras que existen en Turquía? 
 
Turkey’s Answer:  Information on the Chambers of Commerce and Unions of Chambers of Turkey 
can be received from http://www.tobb.or g.tr/Sayfalar/Eng/TicaretOdalari.php  
 
5. De conformidad con la página 101, párrafo 3.152, El KOSGEB tiene varios programas de ayuda 
para las PYMEs que se rigen por su reglamentación en la materia, podría Turquía explicarnos 
¿Cómo clasifica a sus PYMEs y cuáles serían los incentivos que se otorgan de acuerdo a dicha clasificación? 
 
Turkey’s Answer: KOSGEB supports and services can be classified under 4 main headings: 
 
A. Supports provided within the scope of “KOSGEB Support Programmes Regulation”,  
B. KOSGEB Finance (Loan Interest Rate) Supports C. KOSGEB Laboratory Services  D. Information and Guidance Supports 
 
The most common and the most important supports submitted to SMEs by KOSGEB are the ones which are implemented as part of KOSGEB Support  Programmes Regulation. In this context, 9 
support programmes are listed below: 
 1. Cooperation-Collaboration Support Programme 
2. Entrepreneurship Support Programme 
3. General Support Programme 4. SME Project Support Programme 5. Thematic Project Support Programme 
6. R&D, Innovation and Industrial Application Support Programme 
7. Emerging Enterprises Market SME Support Programme 8. International Incubation Center and Accelerator Support Programme 
9. SME Development Support Programme 
 SME definition distinguishes between micro, smal l and medium-sized enterprises on the basis of 
balance sheet, employment and turnover. This sing le SME definition is used by all governmental 
bodies in Turkey. The characteristics of micro, small and medium sized enterprises are illustrated in the Table below:  
Size Employees Annual Turnover Annual Balance Sheet 
Micro < 10 ≤ 1 Million TL ≤ 1 Million TL 
Small < 50 ≤ 8 Million TL ≤ 8 Million TL 
Medium-sized < 250 ≤ 40 Million TL ≤ 40 Million TL 
 
In KOSGEB Database, SMEs are classified in the di rection of NACE Rev.2 (Statistical Classification 
of Economic Activities in the European Community). NACE consists of a hierarchical structure; a first level consisting of headings identified by an alphabetical code, a second level consisting of 
headings identified by a two-digit numerical code, a third level consisting of headings identified by 
a three-digit numerical code, a fourth level consisting of headings identified by a four-digit numerical code and a fifth level consisting of headings identified by a six-digit numerical code.  WT/TPR/M/331/Add.1 
 
- 219 - 
 
  Several support programmes focusing on SMEs are implemented by different government agencies 
with different aims in Turkey. These programmes are composed of various instruments such as 
grants, reimbursement supports, tax exemptions, credits as well as facilitating credit usage. All supporting agencies have their own priorities an d target audience. For instance, Scientific and 
Technological Research Council of Turkey (TÜB İTAK) supports R&D and innovation activities of 
SMEs. As for KOSGEB, sectoral and regional priori ties of services and supports are determined by 
the Council of Ministers. Currently, 13 sectors constitute the target audience of KOSGEB.  
 
For 8 out of 9 support programmes of KOSGEB, there is not a sector or scale based discrimination. The last launched support programme of KOSGEB, SME Development Support Programme, has a call based structure. In the context of this program, it is possible to prioritize different SME groups 
in terms of sectors and scales. 
 
6. De conformidad con la página 114, párrafo 3.178, Conforme al Programa General Anual de 
Inversión y Financiación 2015, las empresas estatales tienen que establecer un sistema de control interno para finales de 2016. 
 
Al respecto, podría Turquía indicarnos ¿Cómo funciona el sistema de control interno que se refiere 
dicho Programa? 
 Turkey’s Answer: According to the 2015 Annual General Investment and Financing Programme, 
state-owned enterprises (SOEs) have to establish an internal control syst em by the end of 2016.  
 Internal control is a management system that contains organization, methods, processes and internal audit established by SOEs to: 
 
 provide effective, efficient and economic implementation of SOEs’ operations in 
accordance with the objectives, related policies and regulatory framework, 
 ensure the protection of assets and resources, 
 keep accurate and complete accounting records, 
 produce timely and reliable financial and management information. 
 
This definition is referred to and also based on the internationally accepted descriptions of an internal control system.  
More information can be found about internal control in http://www.coso.org/  or other 
internationally accepted organizations’ websites. 
 
7. De conformidad con la página 121, párrafo 3.198, hay dos tipos diferentes de preferencias 
nacionales permitidas actualmente por la PPL. En primer lugar, si el valor del contrato es inferior al valor de umbral la entidad contratante puede limitar la participación en el procedimiento de 
contratación a los proveedores o contratistas nacionales únicamente. En segundo lugar, 
independientemente del valor del contrato, ya sea inferior o superior al valor de umbral, en la contratación de servicios y obras se puede otorgar una ventaja de precios de hasta el 15% a todos los licitadores nacionales y en la contratación de mercancías se puede otorgar una ventaja de 
precios de hasta el 15% a los licitadores que ofrezcan productos nacionales determinados por el 
Ministerio de Ciencia, Industria y Tecnología y otras instituciones competentes.  
En este sentido, podría Turquía explicarnos ¿Dónde se puede encontrar el listado de productos 
nacionales determinados por el Ministerio de Ciencia, Industrias y Tecnología y otras instituciones, de los productos que pueden acceder a la ventaja de precios de hasta el 15%? 
 
Turkey’s Answer: According to the Public Procurement Law, all SMEs and large scaled enterprises 
that obtained “Certificate of Domestic Product” have up to 15% price advantage in public 
procurement. The price advantage is applied to SMEs or large-scaled enterprises via providing 
evidence that they produce medium/high tech indu strial products and that at least 50% of their 
production is domestic. The list of medium/high tech industrial products is announced by the 
Ministry of Science, Industry and Technology. The list can be accessed via the following link:  
http://www2.ihale.gov.tr/duyurular2012/Orta_ve_Yu ksek_Teknolojili_Sanayi_Urunleri_Listesi.pdf 
 
8. De conformidad con la página 121, párrafo 3.107, en el ámbito fitosanitario, durante el período 
objeto de examen, Turquía ha venido aplicando un programa nacional de sanidad vegetal y WT/TPR/M/331/Add.1 
 
- 220 - 
 
  mejorando las actividades de cuarentena fitosanitaria y pasaporte fitosanitario, dicho programa 
nacional de sanidad vegetal incluye la vigilancia de plagas y enfermedades en todo el país 
mediante estudios basados en los riesgos y se centra en promover la gestión integral de plagas. Las actividades de gestión de plagas se realizan de conformidad con los principios de la gestión 
integral de plagas, que incluyen sistemas de alerta temprana y el control biológico. Otros 
componentes importantes del programa nacional de sanidad vegetal son el establecimiento de zonas libres de plagas, las actividades de erradicación, la formación de agricultores y la emisión de certificados fitosanitarios.  En este contexto, podría Turquía indicarnos ¿Para qué plagas se han realizado estudios  sobre 
áreas libres? y ¿Dentro de vigilancia fitosanitaria, existe un programa específico que realice 
control en especies de moscas de la fruta? 
 
Turkey’s Answer:   In Turkey, surveys on harmful organisms that have not so far been observed 
are carried out in all the 81 provinces. Additional ly, surveys on 17 harmful organisms, presence of 
which is unknown, are also being continued in provinces with such hosts. Since 2014, work on disease free areas from 11 harmful organisms has also been carried out, including Mediterranean 
fruit fly. 
 There is an ongoing Project of disease free areas in Bursa province regarding black fig production 
sites. Also in 2015, a pilot project was executed in the Mediterranean coastal region for an 
effectived Mediterranean fruit fly control. WT/TPR/M/331/Add.1 
 
- 221 - 
 
  MALAYSIA 
 
SECRETARIAT REPORT  
1. Para 4.136 
 
In 2013, Turkey passed new legislation on Healthcare Public-Private Partnerships (PPP), replacing 
earlier legislation, in which improvements were made in bringing legal certainty and reducing 
burdens and risks to the private firms. 
 
The PPP involves the collaboration of the public and private sectors to provide public services 
usually provided by the State, and in this ca se for the healthcare sector. Under the PPP build-
lease-transfer model, 34 health campuses or city hospitals are due to be built with the investment 
of the private sector and then subsequently leas ed by the Ministry of Health. As of 2015, there 
were 20 projects being developed. The PPP legislation encourages investment and requires that at 
least 20% of the medical equipment used in PPP healthcare facilities be locally produced.  
QUESTION 
 
Malaysia would like to understand how the lo cal content requiremen ts stipulated under 
the PPP Legislation are in line with various WT O Agreements specifically with the TRIMs 
Agreement.  
 Turkey’s Answer: Healthcare Public-Private Partnerships (PPPs) are essential to renovate health 
infrastructure and to provide high quality and affordable health services to all citizens in Turkey. 
Moreover, such PPPs intend to supply health serv ices which are under the responsibility of the 
state. Therefore, PPPs actually constitute procurem ent by the Turkish government to supply health 
services to its people. In this context, as Turkey  is not a party to the WTO GPA, the PPP legislation 
does not violate any of the WTO obligations of Turkey.   2. Para 4.172 
 
In February 2014 the law was amended to broaden the scope of illegal internet content and regulate the protection of national security and pu blic order, thus considered an exception within 
Article 10 of European Convention on Human Rights  and Article 22 of Turkish Constitution relating 
to freedom of communication. Pursuant to the law,  internet content considered breaching people's 
private life is deemed illegal and internet providers are required to block such sites within four 
hours of notification. The access-blocking and/or content-removing decisions shall be realized by a 
judge or Telecommunications Presidency upon order of the Prime Ministry or relevant Ministries where delay is prejudicial. Prejudicial decisions shall be submitted to penal courts with judge's approval within 24 hours. 
 
QUESTION 
 
Appreciate if Turkey could provide furthe r clarification on major changes undertaken 
under the amendment. 
 
Turkey’s Answer: With the new amendments, violations of personal rights via internet (especially 
right to privacy) are regulated. Furthermore, with the aim of protecting national security and public order, right to life and protection of life and property, protection of public health, prevention 
of committing crime, access blockage and/or content removing shall be realized by Courts or 
Telecommunications Presidency upon the order of th e Prime Ministry or relevant Ministries where 
delay is prejudicial. Internet service providers shall realize the order of access blockage at the latest in 4 hours. Access blockage and/or content removing decisions given by Presidency upon the 
request of the Prime Ministry or relevant Ministri es shall be submitted to penal courts for a peace 
judge’s approval. Judge shall profess its decision within 48 hours.  
The amendments can be summarized as follows:  
1. Conviction for a crime by a prison se ntence turned into fine (penalty).  
2. The decision of blocking access can be given for a certain period instead of an unlimited  period. WT/TPR/M/331/Add.1 
 
- 222 - 
 
  3. Violations of personal rights via internet (especially for violation of private life) are resolved 
 within a very short period via moderate measures. 4. As a priority, the decision of access blockage provide a URL-based blocking in which the  violation occurred instead of the blockage of the whole website.  
5. Studies on ensuring a safe and conscious use of internet are determined.  
 3. Para 4.220 and 4.224 
 
Turkey's wholesale and retail sectors are regulated by several laws, mainly the new Law on Regulation of Retail Trade 129, the E-Commerce Law 130, the Commercial Code (Section 3.3.1.1) and the Law on the Protection of Competition 131 which applies to the wholesale and retail sector 
in the same way as it does to other sectors (Section 3.3.3.2). 
 
The Law on Regulating Electronic Commerce and its implementing regulations 136 provide 
regulations on general information liability for a commercial activity; commercial communication 
and basic regulations such as prior consent and the right of refusal (unsubscribe mechanism) related to commercial electronic messages; the rules that will be applied on the contracts made by 
means of electronic devices; information that needs to be provided before the contract or during 
the order; and other issues about the intermedia ry service providers providing the platform for 
electronic commerce.  
QUESTION 
 
Malaysia would like to request for more info rmation on the effects of the new laws on 
foreign participation in dist ribution services sector.  
 Turkey’s Answer: The Turkish Commercial Code makes no distinction between local and foreign 
natural/legal persons, in terms of company establishing or participation in a company. Besides, the 
Law on Regulation of Retail Trade and the Law on Regulating Electronic Commerce do not require any additional obligation for foreign investors different from domestic ones in distribution services sector. 
 
4. Para 4.221 
 
In January 2015, the Government enacted the Law on Regulation of Retail Trade (Retail Trade 
Law), which applies to large shops, chain stores, retail dealers, franchises, as well as tradesmen and craftsmen. These retailers provide a broad range of household goods and services. The law 
also applies to their suppliers and producers, retail outlets, including shopping malls. Implementing 
regulations are yet to be published and enforced . According to the authorities, since September 
2015, a draft regulation for shopping mall s has been under review by the public. 
 
QUESTION 
 
Appreciate if Turkey could share the main elem ents of the new law as well as when it is 
expected to be approved and implemented? 
 Turkey’s Answer: - Main goals of the Law on Regulation of Retail Trade which came into force as 
of 14 January 2015 are facilitating opening and start- up processes of retailers, ensuring a business 
environment which is based on efficient and sust ainable competition conditions, protection of 
consumers, ensuring balanced growth and deve lopment of the retail business and regulating 
activities of retailers and their relations between manufacturers, suppliers and consumers.  
 
As a secondary legislation of the Law, Regulation on Shopping Centres came into force as of 26 February 2016 and it aims to regulate qualifications and start-up processes of shopping centres, 
rules regarding allocated areas to craftsmen and artisans and common use areas created in 
shopping centres. Regulation on Rules and Principles on Retail Trade and Regulation on Council of Retailers have been under review by the public since February 2016 and are expected to be 
implemented by the end of 2016. 
   
 WT/TPR/M/331/Add.1 
 
- 223 - 
 
  5. Para 2.70 
 
There have been no major changes to the FZ regi me in Turkey during the review period. During 
2011-14, the annual trade volume of FZs remained relatively flat, with US$22.6 billion in trade 
volume in 2011, climbing to US$23.2 billion in 2013, then falling slightly to US$22.4 billion in 
201448 (Table 2.8). Thus, trade through FZs was approximately 10% of Turkey's 2014 imports. 
Trade inflows into the FZs are mainly from the EU, with 35% of total 2014 inflows, and outflows 
are mainly to the Turkish market, 37% of 2014 outf lows, thus the zones have a significant import 
processing component.  QUESTION 
 
i. Is there any limitation for FZ companies/in dustries to sell to Turkish market or 
duties/taxes to be paid when entering Turkish market (whether it is 
finished/semi-finished products)? 
 Turkey’s Answer: There is no legal limitation for FZ companies regarding sales to the Turkish 
market. However, as FZs are considered to be outside of the customs territory, import tax is 
applied when entering the domestic market. Also, since one of the purposes of the establishment 
of FZs is to encourage international trade, goods th at are sold from FZs to Turkey are subject to a 
fee equivalent to 0.9 percent of the FOB value of goods. This fee is deposited in advance to a 
special account under the government budget.  
 
ii. Are there any tax exemptions granted to FZ companies/industries selling within 
Turkish market? 
 
Turkey’s Answer: Until the end of the taxation year, including the date Turkey becomes a full 
member of the European Union, earnings of FZ manufacturers generated through the sales of the 
goods they produced in FZs are exempted from income or corporate taxes. This exemption is 
regardless of where the products are sold. Theref ore, there is no exclusive tax exemption for 
companies that sell to the domestic market.  WT/TPR/M/331/Add.1 
 
- 224 - 
 
  MEXICO 
 Preguntas de México  para el sexto examen de las Políticas Comerciales de Turquía a llevarse a 
cabo del martes 15 de marzo al jueves 17 de marzo de 2016.  
 
Informe de la República de Turquía (WT/TPR/G/331) 
 
Preguntas 21 a 23. WT/TPR/G/331 • Turquía; Informe de la República de Turquía; 3 
POLÍTICA COMERCIAL; 3.1 Política comercial mu ltilateral; 3.1.1 Prog rama de Doha para 
el Desarrollo:  
Página 8, párrafo 3.9. Durante los preparativos de la Décima Conferencia Ministerial de la OMC, 
celebrada en Nairobi, Turquía sostuvo que la credibilidad de la OMC y, en particular, el futuro de su función de negociación dependen del logro de resultados equitativos y significativos que 
beneficien a todos. En ese entendimiento, Turquía reafirmó su compromiso de continuar las 
negociaciones sobre las cuestiones pendientes en el marco de las anteriores Decisiones y Declaraciones Ministeriales, así como de las Decisiones del Consejo General.  
 
México pregunta 21: Según la decisión Ministerial de Nairobi, los países Miembros en desarrollo 
(PED) deberán eliminar las subvenciones a la exportación consignadas en sus listas de compromisos para fines del año 2018. México quisiera saber si Turquía va a eliminar en su 
totalidad los subvenciones a las exportaciones de bienes agroalimentarios. 
 Turkey’s Answer: Turkey has acted within the sipirit of Bali Decision and will be following the 
same path with regards to Nairobi Package. In the mean time as a devoloping country, Turkey will 
continue to benefit from export subsidies within the time limits and conditions set out in the Nairobi Ministerial Deceision. 
 
México pregunta 22: México quisiera conocer la visión de Turquía sobre los mecanismos de ayuda 
interna (subvenciones, financiamiento, créditos y su reembolso, tipos de productos beneficiarios y su destino) con respecto a las exportaciones del sector agrícola. 
 
Turkey’s Answer: The agricultural sector in Turkey histor ically has been the largest employer and 
one of the major contributors to the country’s GD P. Although agriculture’share in employment and 
its contribution to GDP have declined in recent ye ars, and that Turkey’s agricultural sector, along 
with the support policies, has undergone many ch anges over the last two decades, the principal 
objectives have changed little over time. As defined in the 10th Development Plan (2014-2018), 
the strategic objectives of agricultural policies in Turkey include developing a globally competitive 
and environmentally friendly agricultural sector and providing suffcient and balanced nutrition to population.   
In order to be more responsive to the objectives  set by the 10th Development Plan, as well as to 
achieve strategic goals as enshrined by the 2013-2017 Strategic Plan in which five strategic areas are defined, including agricultural infrastructure and rural development, Turkey has a number of 
tools to support its agricultural sector. Policy tools of agricultural support in Turkey include 
deficiency payments, compensatory payments, livestock support (for fodder crops, artificial, insemination, milk premiums, risk-free livestock regions, bee-keeping and fisheries), support for 
crop insurance, rural development support and environmental set-aside. 
 Turkey also has the right to implement export subsisidies to a number of agricultural commodities, in line with her WTO commitments. 
 
México pregunta 23: México quisiera conocer también la visión de Turquía respecto del Proyecto de 
modalidades para la Agricultura (TN/AG/W/4/Rev.4) que contiene fórmulas para reducir los 
aranceles y las subvenciones causantes de distorsión del comercio. 
 Turkey’s Answer:  We would like to thank Mexico for the question which extends Turkey an 
opportunity to once more explain her positioning towards the approach reflected in the Draft 
Agricultural Modalities Text (TN/AG/W/4/Rev.4).  As a developing country in which agriculture has always been one of the dominant sectors in the 
overall economic structure, Turkey has long b een arguing that a cautious market opening for WT/TPR/M/331/Add.1 
 
- 225 - 
 
  agricultural products is needed to balance trade interests with non-trade ones. On the grounds of 
the fact that the results of the WTO Agricultural Negotiations would be highly critical for all developing countries, not only economically but also socially, Turkey strived for an extension of additional flexibilities in the WTO Agricultural Negotiations for developing and the least developed 
countries so as to sustain agricultural production without possible negative impacts of liberalization 
in the years to come.  
Speciafically, as regards to market access, as tariffs are the only instruments to sustain 
agricultural production in Turkey, a gradual liberalization process and some complementary instruments to minimize the possible negative impacts of liberalization have been sought. In that sense, an utmost importance has been attached to  the flexibilities to be extended to developing 
countries, including Special Products (SP) and Special Safeguard Mechanism (SSM). 
 Additionally, on domestic supports, what Turkey strongly voiced out in the run up to Rev4 Text 
and onwards, was the elimination of trade distorting supports that lead unfair competition in the 
world agricultural markets within a structure wherein complemantary S&D Treatment be defined 
for developing and the least developed countries.  
 
In that sense, as expressed on many occasions,  Turkey was in principle supportive of the Rev4 
text, on the basis of the above mentioned considerations with rather limited concerns on particular provisions. 
 
Pregunta 24. WT/TPR/G/331 • Turquía; Informe de la República de Turquía; 3 POLÍTICA COMERCIAL; 3.3 Relaciones Turquía-EU: 
 
Página 10, párrafo 3.24. En noviembre de 2015, se habían comenzado a negociar 14 capítulos, 
uno de los cuales se ha suspendido provisionalmente. Para Turquía, la adhesión a la UE es un 
objetivo estratégico. Turquía está resuelta a concluir el proceso de adhesión a la UE, así como el 
programa de reforma que conlleva. A este respecto, el 18 de septiembre de 2014 adoptó la nueva "Estrategia para la UE" con el fin de acelerar el proceso de adhesión.  
México pregunta 24: De ser posible, Turquía podría proporcionar información más detallada 
respecto a su a “Estrategia para la UE”. ¿Qué tipo de medidas o acciones se contemplan en esta 
estrategia? 
 
Turkey’s Answer:  The new “EU Strategy” mainly aims at achieving the EU standards in all areas 
through an accelerated reform process, determining the priority issues related to the negotiation 
chapters, and implementing a powerful communication plan that features the significance and 
potential of the Turkey-EU cooperation. In this re gard, the EU Strategy consists of three different 
parts.  
Firstly, “Political Reform Process” pillar is based on advancing the reforms of the last thirteen years 
in rule of law, democratization, human rights, civilization, freedom and security, as well as consolidating related gains. 
 
Secondly, “Socio-economic Transformation in th e Accession Process” pillar of the strategy 
addresses Turkey's priorities in continuing and enhancing socio-economic change and identifies the 
legislation to be harmonized in addition to the ar eas of action required to improve administrative 
structures during proper implementation. Turkey's EU Strategy will be based on a socio-economic 
transformation, which is the “sine qua non” of a powerful democracy.  
Lastly, EU Communication Strategy pillar is prepared to ensure an accurate picture of Turkey and 
to increase domestic and external support for Turkey's EU accession process. The EU 
Communication Strategy has two main components; Strategy for Turkey and Strategy for the EU. 
The Communication Strategy for Turkey aims to increase public support to reforms by 
strengthening their conviction that the EU accession process is a modernization and democratization project which will promote living standards in all areas. On the other side, the 
Communication Strategy for the EU aims to provide facts on Turkey to help shape a more accurate 
perception in the EU public opinion.    WT/TPR/M/331/Add.1 
 
- 226 - 
 
  Preguntas 25 y 26. WT/TPR/G/331 • Turquía; Informe de la República de Turquía; 3 
POLÍTICA COMERCIAL; 3. 3 Relaciones Turquía-EU:  Página 10, párrafo 3.28. Sin embargo, se ha hecho necesario revisar y actualizar la Unión 
Aduanera. Esta Unión se había concebido como un pa so preliminar previo al ingreso de Turquía en 
la UE como miembro de pleno derecho; sin embarg o, al prolongarse el proceso de adhesión, la 
estructura asimétrica de la Unión Aduanera ha comenzado a causar graves problemas a Turquía.  
 
México pregunta 25: ¿Podría Turquía puntualizar si actualmente se encuentra en un proceso de 
renegociación de la Unión Aduanera con la Unión Europea?  
Turkey’s Answer:  Turkey and EU started a dialogue in January 2014 with a view to improving 
the structure of the Customs Union. The parties have compromised negotiating the establishment of an effective consultation and decision-making mechanism, simultaneously concluding FTAs and 
extending the scope of the Customs Union to new ar eas, including agriculture, services and public 
procurement. It is expected that the negotiations will be initiated in the last quarter of 2016.  
México pregunta 26: ¿Será posible que Turquía pudiera ejemplificar qué tipo de problemas le ha 
causado la estructura asimétrica de la Unión Aduanera, si ha tenido impacto en sectores 
específicos y cuáles?  
Turkey’s Answer:  The asymmetric structure that has been  mentioned in the Government Report 
does not refer to an asymmetry in the sectors or the product groups. It is rather an asymmetry in the decision making processes of EU that has an  implication on the functioning of the Turkey-EU 
Customs Union. While Turkey has committed to comp ly with the EU legislation with respect to 
Customs Union, it cannot take part in the legislation making process in this area. The procedures regarding the consultation and decision-making mechanisms envisaged within the Customs Union 
by the Association Council Decision are not being implemented effectively.  
 Preguntas 27 y 28. WT/TPR/G/331 • Turquía; Informe de la República de Turquía; 3 POLÍTICA COMERCIAL; 3.3 Relaciones Turquí a-EU: 3.3.1 Acuerdos de Libre Comercio y 
Preferenciales: 
 Página 11, párrafo 3.31. La Unión Aduanera entre Turquía y la UE constituye el fundamento 
jurídico de los acuerdos de libre comercio (ALC) y los regímenes preferenciales autónomos de 
Turquía. En virtud de la Unión Aduanera, Turquía armonizará su política comercial con la política comercial común de la UE. El régimen de comercio preferencial, junto con el arancel aduanero 
común, constituye la parte más importante de la política comercial de Turquía aplicada a terceros 
países.   México pregunta 27: ¿Podría Turquía aclarar si el fundamento jurídico al que se refiere el párrafo 
anterior también se extiende aún para aquellos productos que no se encuentren contemplados dentro de su Unión Aduanera con la UE y, en su caso, la manera en que estos productos son acordados o contemplados dentro de los ALC negociados por Turquía? 
 
Turkey’s Answer:  Turkey-EU Customs Union (CU) covers industrial and processed agricultural 
products. Although Ankara Agreement foresaw the gradual establishment of a Customs Union 
including both agricultural and industrial products, the Parties have agreed on a separate 
preferential arrangement for agricultural produc ts. Also, the iron and steel products that are 
covered by the Turkey-ECSC Free Trade Agreemen t are not within the scope of Turkey-EU CU. 
 
So, the industrial products are included within the scope of the FTAs with different timetables for 
the elimination of the customs duties depending on the sensitivity of that specific industry. For the agricultural products, Turkey does not have any obligation with respect to the Customs Union 
Decision. In Turkey’s FTAs, the agricultural produc ts are classified under different categories like 
tariff rate quota, full elimination, reduced duty or exclusion reflecting the sensitivity of the Turkey’s 
agricultural sector which is a similar approach fo llowed in many of the FTAs by other countries.  
 
México pregunta 28: ¿Podría Turquía explicar si dentro de los ALC puede negociar / acordar algún 
esquema de flexibilidad o excepciones específicas a su Unión Aduanera con la UE, considerando sectores sensibles de Turquía frente a terceros países socios? 
 WT/TPR/M/331/Add.1 
 
- 227 - 
 
  Turkey’s Answer:  Turkey negotiates mutually advantageous FTAs in line with its Customs Union 
(CU) commitments. In terms of industrial products , Turkey follows the approach of the EU in its 
FTAs by providing full elimination of customs duties  either at the entry into force of the Agreement 
or after a transitional period depending on the sensit ivity of the sector. It is important to note that 
concerning industrial goods, which are covered by the CU, Turkey’s average applied MFN rates are 
already at a low level of 5.4%. So, industrial goods are relatively less sensitive for Turkey when compared with agricultural products. Agricultural products do not fall within the scope of the 
Customs Union. In agricultural goods, Turkey’s  average applied MFN rates are 42.2%. Thus, for 
the agricultural products, Turkey is not bound with the concessions provided by the EU for a 
certain FTA partner and negotiates agreements on the basis of its own sensitivities.  
Pregunta 29. WT/TPR/G/331 • Turquía; Informe de la República de Turquía; 3 
POLÍTICA COMERCIAL; 3.3 Relaciones Turquí a-EU; 3.3.1 Acuerdos de Libre Comercio y 
Preferenciales; 3.3.1.3 Acuerdos de Libre Comercio en Negociación:  
 
Página 13, párrafo 3.53. Turquía ha emprendido iniciativas para entablar negociaciones con 11 países/bloques de países: los Estados Unidos de América, el Canadá, Tailandia, la India, Indonesia, 
Viet Nam, países de América Central, otros países del ACP, Argelia, Sudáfrica y el Pakistán.  
 México pregunta 29: México quisiera conocer las razones por las cuales se omitió esta negociación. 
 
Turkey’s Answer:  This list covers only the countries, with which Turkey has launched initiatives 
to start FTA negotiations but not the official negotiations. Turkey lists Mexico, among the countries that it has officially started FTA negotiations. Along with Mexico, the other ongoing negotiations of 
Turkey are with Japan, Peru, Ecuador, Colombia, Ukraine, Cameroon, Democratic Republic of the 
Congo, Gulf Cooperation Council, Libya, Mercosur, and Seychelles.   
Informe de la Secretaría de la OMC (WT/TPR/S/331) 
 
Pregunta 30. WT/TPR/S/331 • Turquía; In forme de la Secretaría; RESUMEN: 
 
Página 12, párrafo 8. Las medidas comerciales correctivas siguen siendo una herramienta de 
política importante para Turquía, ya que ese país sigue recurriendo con frecuencia a las medidas de salvaguardia y las medidas antidumping de la OMC. Desde 2012, Turquía ha iniciado cuatro 
investigaciones en materia de salvaguardias y ha prorrogado medidas de salvaguardia en ocho 
ocasiones. En lo que se refiere a las medidas antidumping, Turquía está entre los 10 Miembros de la OMC que más recurren a esas medidas, y desde 2012 ha habido mucha actividad, ya que se han 
iniciado 25 investigaciones y se han impuesto 14 medidas. Durante el período examinado la 
legislación turca en materia de salvaguardias ha sido objeto de algunas modificaciones relativas al período de investigación.   
México pregunta 30: México quisiera saber si Turquía considera introducir próximamente mejoras 
de transparencia en materia de procedimientos y normatividades internas para agilizar el 
desahogo de estos temas. 
 
Turkey’s Answer: Turkey is of the view that the rule s to ensure transparency during the 
proceedings in dumping and countervailing measures investigations are fundamental to guarantee 
the indispensable right of defending interest. Turk ey would like to highlight that its internal 
legislation is in full conformity with the provisions of the WTO AD Agreement and the SCM Agreement that focus on transparency and due process. Furthermore, Turkey attaches great 
importance to follow coherent administrative patterns to ensure that transparency requirements 
are met and that all interested parties enjoy their right of voicing their interests during the 
proceedings.   
Turkey is aware of the fact that safeguard measur es are designed for addressing exceptional trade 
circumstances. Turkey also acknowledges the impo rtance of transparency in procedures. But it 
should also be noted that Turkey is not a fr equent user of safeguard measures. Since 2012, 
Turkey has initiated 4 safeguard investigations but has imposed only 2 measures. Turkey currently 
has 3 safeguard measures in force.  WT/TPR/M/331/Add.1 
 
- 228 - 
 
  Pregunta 31. WT/TPR/S/331 • Turquía; Informe de la Secretaría; 2 RÉGIMEN DE 
COMERCIO E INVERSIÓN; 2.3 Ac uerdos y arreglos comerciales; 2.3.1 Participación en la 
OMC:  
 
Página 33, párrafo 2.17. Turquía, como parte contratante del GATT desde 1951, es Miembro de la 
OMC desde 1996 y participa en muchos aspectos de la labor de la Organización. Según las autoridades, Turquía está comprometida con la labor y las negociaciones de la OMC y apoya 
plenamente la liberalización a nivel multilateral como parte de su política comercial. En el período 
objeto de examen, Turquía formuló propuestas en las negociaciones de Doha y participó en 
diferencias en el marco de la OMC, así como en su labor ordinaria y sus Comités. Además, Turquía es parte en el Acuerdo sobre Tecnología de la Información (ATI) y tiene la condición de observador 
en el Acuerdo sobre Contratación Pública y el Acuerdo sobre el Comercio de Aeronaves Civiles.  
 México pregunta 31: México quisiera saber cuál es la posición de Turquía ante la iniciativa de la 
OMC para la eliminación de los obstáculos al comercio de bienes y servicios ambientales (Acuerdo sobre Bienes Ambientales) y si tiene previsto integrarse en el corto plazo al acuerdo.  
Turkey’s Answer:  Turkey would like to quote section 3.1.2 Plurilateral Negotiations under the 
WTO 3.1.2.1 Environmental Goods Agreement (EGA) of the Government Report p.8. “3.16 Turkey 
has officially taken part in the negotiations on EGA, with the aim of eliminating tariffs on a list of products agreed as environmental goods, since the 5th Round of talks that has been held in March 
2015.Turkey believes that EGA will have a positive impact that will go beyond just export and 
import liberalization in environmental goods. It wi ll also facilitate the process for renewable energy 
investments, technology transfer and capacity building. 
 
3.17. Besides, Turkey believes that an agreement on liberalizing trade in environmental goods will 
contribute to our efforts in meeting the challenges of climate change, reaching the sustainable 
development goals recently accepted, as well as strengthening the multilateral trading system as a 
whole.”   Pregunta 32. WT/TPR/S/331 • Turquía; Informe de la Secretaría; 2 RÉGIMEN DE 
COMERCIO E INVERSIÓN; 2.3 Acuerdos y Arreglos Comerciales; 2.3.2 Acuerdos 
Regionales y Preferenciales; 2.3.2. 2 Acuerdos Comerciales Recíprocos: 
 
Página 36, párrafo 2.32. Turquía mantiene un programa ambicioso de ALC, con varios ya 
concluidos o en curso de negociación. En diciembre de 2015, había completado las negociaciones de ALC con Ghana, las Islas Feroe, Kosovo, el Líbano, la República de Moldavia y Singapur. Todos 
estos acuerdos estaban en curso de ratificación, excepto los de Ghana y Singapur. También se 
están negociando ALC con otros 12 interlocutores: el Camerún, Colombia, el Consejo de Cooperación del Golfo, el Ecuador, el Japón, Libia, el Mercosur, México, el Perú, la República Democrática del Congo, Seychelles y Ucrania. Turquía también ha dado pasos para iniciar 
negociaciones con otros países ACP, Argelia, el Canadá, los Estados Unidos, la India, Indonesia, 
países centroamericanos, Sudáfrica, Tailandia y Vietnam.   
México pregunta 32: México quisiera conocer las razones de la discrepancia entre ambos 
documentos, el documento WT/TPR/S/331 y el documento WT/TPR/G/331. 
 
Turkey’s Answer: To avoid repetition, Turkey had opted for mentioning only the initiatives to 
launch negotiations in the Government Report.  Pregunta 33. WT/TPR/S/331 • Turquía; Informe de la Secretaría; 3 POLÍTICAS Y 
PRÁCTICAS COMERCIALES, POR MEDIDAS; 3.1 Medidas que afectan directamente a las 
importaciones; 3.1.1 Procedim ientos y Requisitos Aduaneros. 
 
Página 50, párrafo 3.2. Como se indica en el informe anterior de Turquía, el modelo de la 
declaración aduanera turca se armonizó con el documento administrativo único (SAD) utilizado en la UE para los procedimientos aduaneros. BILGE, un paquete de programas informáticos, permite 
realizar las formalidades aduaneras en tiempo real. El uso del sistema BILGE es obligatorio y 
abarca todos los aspectos de las formalidades aduaneras. Además, el sistema BILGE fomenta la cooperación entre el Ministerio de Aduanas y Comercio y otras instituciones. Por ejemplo, en 2014 se puso en marcha el Proyecto de Ventanilla Única, que permite a los comerciantes presentar toda 
la documentación requerida en un único lugar y/o ante una única entidad. Los documentos WT/TPR/M/331/Add.1 
 
- 229 - 
 
  exigidos por las administraciones aduaneras se pueden presentar electrónicamente a través de 
BILGE. En la actualidad, hay 13 instituciones interconectadas a través del Proyecto de Ventanilla Única.   
México pregunta 33: Se menciona que la Ventanilla Única permite presentar toda la 
documentación requerida en un único lugar y/o ante una única entidad. Al respecto, nos gustaría 
que Turquía nos aclare si el servicio que se ofrece a través de la Ventanilla Única se refiere 
solamente a la presentación y envío de documentos de manera electrónica, o también incluye la 
resolución de trámites y procedimientos responsabilidad de las 13 instituciones interconectadas.  Turkey’s Answer: Single Window is designed in two phases, as the e-document and the e-
application phases.  
 In the “e-document” phase, the economic operator applies to the related institution for permission 
and license. Data on the permission/license etc. is transmitted to the system and the economic 
operator is provided with an ID number. The economic operator declares this number in its customs declaration and the data is checked automa tically by the system. E-document phase is in 
force since 14/01/2014.  
 Pregunta 34. WT/TPR/S/331 • Turquía; Informe de la Secretaría; 3 POLÍTICAS Y PRÁCTICAS COMERCIALES, POR MEDIDAS; 3.1 Medidas que afectan directamente a las 
importaciones; 3.1.1 Procedim ientos y Requisitos Aduaneros. 
 
Página 50, párrafo 3.3. Desde el 1º de enero de 2012 en Turquía se utiliza una nueva declaración 
abreviada previa a la llegada. La información sobre las mercancías y el vehículo de transporte debe 
presentarse electrónicamente antes de la llega da a la oficina de aduanas para que pueda 
realizarse, con fines de seguridad e inocuidad, un  a n á l i s i s  d e  r i e s g o  d e  l a  c a r g a  q u e  v a y a  a  
ingresar en el territorio aduanero de Turquía. Sa lvo que la carga esté en tránsito, y no efectúe 
ninguna parada, a través de las aguas territoriales o el espacio aéreo del territorio aduanero turco, se exige una declaración abreviada de entrada para todas las mercancías importadas en el territorio aduanero turco.  
 
México pregunta 34: Nos gustaría saber si el paquete de programas BILGE también contempla 
realizar las declaraciones abreviadas de manera electrónica. 
 
Turkey’s Answer: BILGE system, including summary declaration, tariff, customs declaration (for 
all customs regimes), accounting, reference tables, Express Cargo, TIR  EPD and NCTS modules 
are used in all customs administrations to enable an efficient and rapid control. 
 Pregunta 35. WT/TPR/S/331 • Turquía; Informe de la Secretaría; 3 POLÍTICAS Y PRÁCTICAS COMERCIALES, POR MEDIDAS; 3.1 Medidas que afectan directamente a las 
importaciones; 3.1.1 Procedim ientos y Requisitos Aduaneros. 
 Página 52, párrafo 3.10. Como se establece en la Ley de Aduanas, los operadores económicos 
pueden solicitar resoluciones anticipadas (información arancelaria vinculante o IAV) para la 
determinación de los derechos de importación y exportación, para el cálculo de devoluciones de derechos y de pagos de importaciones y exportaciones en el contexto de la política agrícola de 
Turquía, o para el uso de certificados en los que figure información sobre los aranceles o el origen, 
presentados a efectos del despacho de aduana. Las resoluciones son expedidas por el Ministerio de Aduanas y Comercio y por las direcciones de aduanas autorizadas, y pueden ser válidas seis años, a condición de que la información presentada por el solicitante sea exacta y completa y de que las 
mercancías declaradas se correspondan exactamente con la IAV. Las resoluciones dejan de ser 
válidas cuando se introducen cambios en la nomenclatura. En ese caso, se notifica al titular de la IAV.  
 
México pregunta 35: Respecto a las resoluciones anticipadas, ¿es posible que Turquía precise cuál 
es el tiempo estimado que requiere la autoridad ad uanera para emitir una resolución anticipada ya 
sea respecto de la determinación de derechos de  importación y exportación o del origen de la 
mercancía?  WT/TPR/M/331/Add.1 
 
- 230 - 
 
  Turkey’s Answer: Although the legal basis of Advance Ruling on Origin (or Binding Origin 
Information) exists, no advance ruling has been issued up until now. There is not an estimated time for issuing Binding Origin Information.  
 
Preguntas 36 y 37. WT/TPR/S/331 • Turquía; Informe de la Secretaría; 3 POLÍTICAS Y 
PRÁCTICAS COMERCIALES, POR MEDIDAS; 3.1 Medidas que afectan directamente a las 
importaciones; 3.1.1 Procedim ientos y Requisitos Aduaneros. 
 
Página 53, párrafo 3.15. Algunas mercancías sólo se pueden importar a través de oficinas de aduanas especializadas. La finalidad de estas prácticas aduaneras es lograr que las oficinas de aduanas sean más disciplinadas; mejorar los procedimientos aduaneros para determinadas 
mercancías y canalizar esas mercancías hacia las oficinas de aduanas especializadas; velar por el 
cumplimiento de las normas; y controlar efectivamente las cuestiones relacionadas con los aranceles, la valoración y el origen. Por ejempl o, el despacho de los vehículos automóviles, 
tractores, motocicletas y sus recambios y accesorios debe efectuarse en las oficinas de Yesilkoy, 
Gebze, Izmit, Esmirna, Mersin, Derince o Giresun; para los productores de vehículos automóviles, 
también están autorizadas las oficinas de Mudanya, Gemlik, Esenbog ̆a o Adana; los productos 
textiles deben pasar por las oficinas de Aksaray, Ankara, AHL Kargo, la zona franca Europa, 
Denizli, G.Antep, Aeropuerto de G.Antep, Gemlik, Giresun, Halkal ı, Iskenderun, Esmirna, Kayseri, 
Mersin o Trakya; los abonos deben importarse a través de las oficinas de Antalya, Band ırma, 
Gemlik, Kap ıkule, Tekirdag ̆, Iskenderun, Ambarl ı, Haydarpas ̧a, Aliag ̆a, Dikili, Esmirna, Derince, 
Mersin, Samsun, Ünye, Ankara, Mardin o Yumurtal ık Ser. Böl; y las importaciones de algunos 
disolventes y productos petroquímicos deben despacharse en las oficinas de Ankara, Mersin, 
Adana, Eregli (región de Karadeni z), Erenköy, Beylikdüzü Akaryak ıt, Esmirna, Aliag ̆a, Tekirdag ̆, 
Bursa, Gemlik o Gaziantep. Las importaciones de mercancías para el sector de la alimentación 
deben despacharse en las oficinas de Ankara, Aliag ̆a, Esmirna, Adana, Bursa, Gemlik, Gaziantep, 
Tekirdag ̆ o el complejo petroquímico de Körfez.  
 
México pregunta 36: ¿Podría Turquía explicar cuáles son los criterios que se utilizan para designar 
las oficinas de aduanas especializadas correspon dientes para importar determinados tipos de 
mercancías?  
Turkey’s Answer: The goods which will be subject to specialized customs application on import 
are determined on the basis of specific criteria including the followings; 
- Specific features of goods and technical capacity of customs offices (for instance; goods 
subject to radiation controls which require specific equipment and/or personnel) 
- Location and allocation of customs offices, 
- Smuggling risks, 
- International commitments (such as controls for Ozone Depleting Substances). 
 
México pregunta 37: Nos gustaría conocer el grado de especialización y tecnificación con las que 
cuentan estas oficinas aduaneras especializadas a fin de que tengan la capacidad necesaria para 
desaduanar las mercancías que se les designen. De no ser así, ¿podría explicar con mayor 
profundidad en qué consiste la especialización o disciplina de estas oficinas aduaneras?  Turkey’s Answer: Goods such as metal waste, petroleum products, motor vehicles and their 
spare parts which require special customs control procedures and/or hardware (for instance 
radiation detection etc.) are subject to specialized customs application. Such offices are especially 
designed with appropriate equipment and/or personnel in order to conduct the control process of 
such goods. 
 Preguntas 38 a 40. WT/TPR/S/331 • Turquía; Informe de la Secretaría; 3 POLÍTICAS Y 
PRÁCTICAS COMERCIALES, POR MEDIDAS; 3.1 Medidas que afectan directamente a las 
importaciones; 3.1.2 Facilitación del Comercio:  Página 53, párrafo 3.19. A fin de facilitar el comercio en los puestos fronterizos terrestres de 
Turquía, el Ministerio de Aduanas y Comercio ha puesto en marcha un proyecto piloto de ventanilla 
única en el puesto terrestre de Kapikule, en la frontera entre Bulgaria y Turquía. Según las autoridades, la finalidad de este proyecto es reducir las demoras en la tramitación de la 
documentación aduanera gracias a la implementación coordinada y sincronizada de todos los 
procedimientos relativos a la prestación de servicios aduaneros a los pasajeros, vehículos y conductores que transporten carga. WT/TPR/M/331/Add.1 
 
- 231 - 
 
  México pregunta 38: Nos gustaría saber si se tiene prevista alguna fecha en la que este programa 
opere de forma definitiva.  
 Turkey’s Answer: This project is planned to be completed by 2017. 
 
México pregunta 39: ¿Podría especificar si dentro de este proyecto se están emitiendo y aceptando 
Certificados de Origen de manera electrónica? 
 
Turkey’s Answer: Issuing and accepting electronic certificates  of origin within this Project will be 
considered in line with the studies regarding data exchange at international level.   
México pregunta 40: ¿Está contemplado que este proyecto será extensivo a otras aduanas de 
Turquía? 
 
Turkey’s Answer: We envisage that the Pilot Project will be extended to other crossing border 
points in Turkey, as well.  
Pregunta 41. WT/TPR/S/331 • Turquía; Informe de la Secretaría; 3 POLÍTICAS Y 
PRÁCTICAS COMERCIALES, POR MEDIDAS; 3.1 Medidas que afectan directamente a las 
importaciones; 3.1.4 Normas de Origen: 
 
Página 55, párrafo 3.27. En los acuerdos preferenciales de Turquía (véase la sección 2) se 
establecen normas de origen preferenciales, normal mente basadas en el criterio de obtención total 
o transformación sustancial, con margen para la acumulación. Turquía forma parte del sistema 
paneuropeo de acumulación de origen desde el 1o de enero de 1999. Este acuerdo permite utilizar 
material originario de cualquier país de la zona (UE, AELC y Turquía) para fabricar un producto conservando el origen preferencial. Este sistema de acumulación diagonal se ha hecho extensivo a 
los siguientes países euromediterráneos: Albania; Argelia; Bosnia y Herzegovina; Egipto; Islas 
Feroe; Israel; Jordania; Kosovo; Líbano; Macedonia; Marruecos; Montenegro; Palestina; Serbia; Siria (actualmente suspendido); y Túnez. Sin em bargo, para que sea posible la acumulación 
diagonal entre estas partes, las normas de origen deben ser idénticas, lo que se está logrando de 
forma gradual mediante la incorporación del protocolo euromediterráneo sobre normas de origen 
en los acuerdos de libre comercio (ALC) que su scriben esos países entre sí.16 El protocolo 
euromediterráneo sobre normas de origen ha entrado en vigor para Turquía mediante sus ALC con 
Egipto; Israel; Jordania; Marruecos; Siria; y Túnez. Hay que presentar prueba del origen 
(certificado de circulación de mercancías EUR.1 y declaración en factura) y en algunos casos el certificado de circulación de mercancías EUR-MED y/o la declaración en factura EUR-MED.17  
 
México pregunta 41: ¿Podría Turquía explicar si existen productos que se encuentren excluidos de 
esta acumulación diagonal?  
Turkey’s Answer:  There are no products that are exclud ed from diagonal cumulation applied 
within the context of the Pan-Euro-Mediterranean Origin Cumulation System.  
Pregunta 42. WT/TPR/S/331 • Turquía; Informe de la Secretaría; 3 POLÍTICAS Y 
PRÁCTICAS COMERCIALES, POR MEDIDAS; 3.1 Medidas que afectan directamente a las 
importaciones; 3.1.5 Aranceles; 3. 1.5.4 Los demás derechos y cargas: 
 
Página 63, párrafo 3.40. Turquía sigue aplicando un impuesto del Fondo Público para la Vivienda al pescado y los productos del pescado importados comprendidos en los Capítulos 2, 3, 15, 16 y 23 del SA. El gravamen es diferente según la fuente de las importaciones (la UE, los Estados 
miembros de la AELC u otros países) y va del 0% al 35% ad valorem . Turquía no ha consolidado 
sus aranceles correspondientes al pescado, pero las importaciones de los Estados miembros de la AELC entran libres de derechos de importación y del gravamen del Fondo Público para la Vivienda 
en virtud del Acuerdo de Libre Comercio entre Turquía y la AELC.  
 México pregunta 42: Deseamos conocer si en opinión de Turquía este impuesto, que se aplica a los 
pescados y productos de pescado con tasas diferentes según la fuente de la importación, no se opone a las disposiciones del artículo I del Acuerdo General sobre Aranceles Aduaneros y Comercio (GATT), que dispone que los países Miembros no pueden normalmente establecer discriminaciones 
entre sus diversos interlocutores comerciales GATT, y que si conceden a un país una ventaja WT/TPR/M/331/Add.1 
 
- 232 - 
 
  especial (por ejemplo, la reducción del tipo arancelario aplicable a uno de sus productos), tienen 
que hacer lo mismo con todos los demás Miembros.  Turkey’s Answer:  The MHF levy applied for imported fish and fish products is not differentiated 
according to the source of import. The preferential treatment for EFTA countries comes from 
Turkey-EFTA Free Trade Agreement and as well for the EU it comes from the preferential trade 
regime between EU and Turkey for agricultural products.  
 
Pregunta 43. WT/TPR/S/331 • Turquía; Informe de la Secretaría; 3 POLÍTICAS Y PRÁCTICAS COMERCIALES, POR MEDIDAS; 3.1 Medidas que afectan directamente a las 
importaciones; 3.1.5 Aranceles; 3. 1.5.5 Contingentes Arancelarios: 
 
Página 63, párrafo 3.41. Turquía no ha consolidad o ningún contingente arancelario en su Lista de 
compromisos arancelarios en el marco de la OMC. Sin embargo, sí mantiene varios contingentes 
arancelarios, que pueden clasificarse como contingentes arancelarios autónomos, contingentes 
arancelarios derivados de ALC y contingentes arance larios para países no miembros de la OMC. En 
2015, se mantenían contingentes arancelarios para más de 1,800 líneas arancelarias, que 
afectaban principalmente a productos agropecuarios (véase la sección 4.1 para una descripción de 
los contingentes arancelarios aplicables a productos agropecuarios y de la administración de los contingentes arancelarios). Sin embargo, había 10 líneas arancelarias correspondientes a productos industriales de los Capítulos 29, 38, 39, 84, 85 y 94 del Sistema Armonizado para las 
que se habían establecido contingentes autónomos. Esos contingentes arancelarios prevén que 
empresas o importadores puedan beneficiarse de un tipo arancelario nulo para una cantidad 
limitada del producto de que se trate, y se asignan según los métodos de la capacidad de 
producción o de las importaciones realizadas en períodos anteriores (cuadro 3.5).  
 México pregunta 43: Deseamos conocer si los beneficios de estos contingentes pueden ser para 
cualquier empresa sea nacional o extranjera que importe, si cumple con los requisitos de capacidad de producción.  Turkey’s Answer: Turkey treats all companies set up and operated under Turkish law equally 
regardless of ownership. Quotas are allocated to co mpanies regardless of their nationalities, only if 
they that meet the needed criteria.  
Pregunta 44. WT/TPR/S/331 • Turquía; Informe de la Secretaría; 3 POLÍTICAS Y 
PRÁCTICAS COMERCIALES, POR MEDIDAS; 3. 2 Medidas que afectan directamente las 
exportaciones; 3.2.5 Financiación, segu ro y garantías de las exportaciones: 
 
Página 96, párrafo 3.137. El Turk Eximbank es un banco de propiedad estatal y es el único organismo oficial de crédito a la exportación de Turquía. El Banco fue establecido por ley en 1987 y en una Resolución del Consejo de Ministros de ese mismo año se precisaron sus actividades y 
principios. Esa Resolución se revisó en consonancia con el nuevo Código de Comercio, la 
legislación bancaria y la evolución de la situación financiera y económica mundial desde la creación del Banco. La nueva Resolución, que entró en vigor en 2013, incluye disposiciones adicionales 
sobre el alcance, las finanzas y los órganos. En particular, la Resolución dispone la creación de una 
nueva Asamblea General, conforme al nuevo Código de Comercio; la prestación de servicios de seguro a las filiales en el extranjero de los expo rtadores turcos; la prestación de apoyo financiero 
para el registro de marcas de fábrica o de comercio y patentes, y para la adquisición de 
tecnología; y la participación en actividades de reaseguro y todo tipo de transacciones financieras en los mercados de capitales y derivados. Los objetivos del Banco son aumentar las exportaciones, diversificar las mercancías y los servicios exportados, facilitar el acceso de los productos 
exportados a nuevos mercados, incrementar la part icipación de los exportadores en el comercio 
internacional, fomentar el espíritu emprendedor, prestar apoyo a los exportadores y los contratistas en el extranjero para aumentar su competitividad y prestar apoyo a las inversiones en 
el extranjero, así como a la producción y la venta de bienes de capital orientados a la exportación.  
 México pregunta 44: Toda vez que el Banco opera principalmente en la concesión de créditos (en 
efectivo o no) a corto, medio y largo plazo, la concesión de préstamos y garantías internacionales para la financiación de exportaciones y en proyectos en el extranjero de empresas turcas, México quisiera saber si los créditos que concede el Turk Eximbank se podrían “confundir” con mecanismos substitutos de subvención a las exportaciones. 
 WT/TPR/M/331/Add.1 
 
- 233 - 
 
  Turkey’s Answer:  Turk Eximbank's identification of financial sustainability as a primary objective 
is driven mostly by its current and future international obligations to the OECD, WTO and the EU, in which ECAs are expected to at least break- even over time and eliminate all trade subsidy 
programs.  Management believes that it is critical to operate within sound commercial guidelines. 
Additionally, as Turk Eximbank borrows from international financial markets regularly and its 
financial soundness affects its borrowing costs, a sound financial structure gains more importance.  
Furthermore “OECD Arrangement on Officially Supported Export Credits” is applied for credits and 
export credit insurance whose maturities are more than 2 years.  Pregunta 45. WT/TPR/S/331 • Turquía; Informe de la Secretaría; 3 POLÍTICAS Y 
PRÁCTICAS COMERCIALES, POR MEDIDAS; 3. 3 Marco Empresarial; 3.3.2 Incentivos, 
ayuda estatal y subvenciones.  
Página 103, párrafo 3.155. Actualmente no hay en Turquía un único ministerio que se encargue de 
los incentivos y las subvenciones, sino que cada ministerio tiene sus propios programas con arreglo a su mandato. Así pues, el Ministerio de Alimentación, Agricultura y Ganadería se ocupa de 
las subvenciones agrícolas; el Ministerio de Economía, de los incentivos a la inversión y la ayuda a 
la exportación; el KOSGEB, del apoyo a las pymes; y el Ministerio de Ciencia, Industria y Tecnología, de la ayuda para investigación y desarrollo. En Turquía, la política de ayuda estatal se guía por las normas de la OMC y las prescripci ones de la UE de conformidad con la Unión 
Aduanera.  
 México pregunta 45: Según la decisión Ministerial de Nairobi, los países Miembros en desarrollo 
(PED) deberán eliminar las subvenciones a la exportación consignadas en sus listas de compromisos para fines del año 2018, México quisiera saber si Turquía va a eliminar en su totalidad los subvenciones a las exportaciones de bienes agroalimentarios, sin importar qué 
entidad los administra. 
 Turkey’s Answer: Turkey has acted with in the sipirit of Bali Decision and will be following the 
same path with regards to Nairobi Package. In th e mean time, as a developing country, Turkey will 
continue to benefit from the export subsidies within the time limits and conditions as set out in the 
Nairobi Ministerial Decision.  
Pregunta 46. WT/TPR/S/331 • Turquía; Informe de la Secretaría; 4 POLÍTICAS 
COMERCIALES, POR SECTOR; 4.1 Agricultura;  4.1.3 Comercio; 4. 1.3.2 Contingentes 
Arancelarios:  
 
Página 135, párrafo 4.11. Turquía no tiene continge ntes arancelarios consolidados en su Lista de 
compromisos arancelarios en el marco de la OMC. No obstante, en el sector agropecuario mantiene varios contingentes arancelarios autónomos y contingentes arancelarios en el marco de 
acuerdos de libre comercio (para un panorama general de todos los contingentes arancelarios de 
Turquía, véase la sección 3.1.5.5).   
México pregunta 46: Quisiéramos asegurar que los mecanismos de administración y asignación de 
los contingentes arancelarios no le restan transparencia al otorgamiento y utilización de los 
contingentes. 
 
Turkey’s Answer: The procedures and principles related to the administration, application and 
allocation of the TRQs are determined through the Communiqués published in the Official Journal in a transparent manner. In order to benefit from tariff quotas which are allocated once the 
relevant Free Trade Agreement enters into force, the applicants need to apply to the Ministry of 
Economy for an import license, which has to be presented to the competent customs authority at the time of the importation. For autonomous TRQs, the relevant entity needs to apply to the 
Ministry of Economy for an import license, which has to be presented to the competent customs 
authority at the time of the importation.  
Pregunta 47. WT/TPR/S/331 • Turquía; Informe de la Secretaría; 4 POLÍTICAS 
COMERCIALES, POR SECTOR; 4.2 Manufacturas:   Página 151, párrafo 4.52. Turquía es un gran exportador de productos manufacturados, y desde 
2011 las exportaciones han superado los niveles anteriores a la crisis de 2008-2009. De 2011 a WT/TPR/M/331/Add.1 
 
- 234 - 
 
  2014, las exportaciones totales de productos industriales aumentaron un 5,1% anual en términos 
nominales y alcanzaron los 122.000 millones de  dólares EE.UU. Los principales sectores 
industriales exportadores son el de los automóviles, los textiles y prendas de vestir, los productos químicos, la maquinaria, el hierro y el acero, la electrónica y la joyería (gráfico 4.2). Turquía es 
también un importante importador, fundamentalmente  de bienes intermedios, que representan el 
73% de las importaciones. A este respecto destacan los productos energéticos, la chatarra, los motores y los grupos moto propulsores para vehículos de motor, los productos químicos, los 
componentes electrónicos y el algodón y los insumos textiles.  
 México pregunta 47: Deseamos conocer si existen planes de apoyo en los que cualquier empresa, 
nacional o extranjera, que desee exportar, pueda beneficiarse de los apoyos en estas industrias. 
Turkey’s Answer: Regarding subsidy programs in effect, please refer to Turkey’s notifications 
being submitted to the WTO Committee on Subsidies and Countervailing Measures annually.  
Pregunta 48. WT/TPR/S/331 • Turquía; Informe de la Secretaría; 4 POLÍTICAS 
COMERCIALES, POR SECTOR; 4.2 Manufactura s; 4.2.2 Textiles y prendas de vestir: 
 
Página 157, párrafo 4.71. En los tres últimos decenios, por efecto de la competencia asiática, las 
empresas turcas se han ido posicionando en un segmento de mayor valor añadido, al pasar de 
producir y exportar textiles y prendas de vestir de bajo precio y bajo valor añadido a productos fabricados de mayor valor añadido y productos de moda. 
 
México pregunta 48: Deseamos conocer si además de estas medidas para posicionarse en 
segmentos de mayor valor añadido, existe alguna política específica o algún instrumento legal 
como acuerdo de colaboración con países asiáticos, para mejorar las condiciones futuras de 
competencia o para evitar problemáticas en el sector textil de Turquía que pudieran desprenderse de la subvaluación de estas mercancías. 
 
Turkey’s Answer: There are no specific policies or legal instruments such as cooperation 
agreements with Asian countries, to improve future conditions of competition or to avoid problems in the textile sector in Turkey. However, Turkey encourages as a whole the transformation of 
textile, ready-to-wear and leather industries into a structure that can create design, collection and 
brand and improve producer’s quality on marketing and production stages.  
Pregunta 49. WT/TPR/S/331 • Turquía; Informe de la Secretaría; 4 POLÍTICAS 
COMERCIALES, POR SECTOR; 4.2 Manufactura s; 4.2.2 Textiles y prendas de vestir: 
 
Página 157, párrafo 4.72. La rama de producción de los textiles y prendas de vestir sigue siendo 
objeto de una protección relativamente alta, con aranceles consolidados que abarcan el 15,1% de las líneas arancelarias correspondientes a los textiles y el 2,1% de las líneas arancelarias correspondientes a las prendas de vestir. En 2015, el promedio aritmético de los aranceles NMF 
aplicados a los textiles fue del 6,7%; en el caso de las prendas de vestir, el promedio fue del 
11,5%. La Unión Aduanera con la UE, que abarca todos los productos textiles y prendas de vestir, permite a Turquía acceder en régimen de franquicia arancelaria al mercado de la UE (y viceversa). 
Página 157, párrafo 4.73. El sector de los textiles y las prendas de vestir tiene derecho a 
beneficiarse de las ayudas del Plan de Incentivos a la Inversión General (exenciones del IVA y de los derechos de aduana de la maquinaria y el equipo importados) y del Plan de Incentivos a la 
Inversión Regional, que proporciona un abanico de in centivos más amplio que, como sucede en el 
caso del sector del automóvil, dependen de la región geográfica y de si el proyecto está ubicado o no en una ZIO. El sector de los textiles y las prendas de vestir no se beneficia de otros incentivos a la inversión.  
 
México pregunta 49: Deseamos conocer mayores detalles sobre el funcionamiento del Plan de 
Incentivos a la Inversión General en el sector textil. Adicionalmente, queremos saber si existen 
apoyos adicionales por parte del gobierno o algún monto económico que se destine al sector textil 
además de este Plan. Deseamos conocer si para el sector textil aplica el mecanismo de “tax rebate” y cómo funciona. 
 
Turkey’s Answer: The support schemes provided by the Investment Incentive Program can be 
seen in Table 2.5 of the Secretariat Report (page 41). Textile sector can benefit from Regional Scheme or General Scheme of the Program according to the subsector and the investment 
amount. General Scheme is the least favorable support scheme of the program.  WT/TPR/M/331/Add.1 
 
- 235 - 
 
  The investments which are not supported by other schemes of the program can benefit from 
General Scheme when the investment amount exceeds 1 Million TL for Region 1 and 2 and 500.000 TL for Region 3, 4, 5 and 6. The eligible companies are issued with an Investment Incentive Certificate on which the support scheme and the related support measures are enlisted. 
 
As an example, apparel investments can only benefit from General Scheme, which provides VAT Exemption and Customs Duty Exemption. The ex planation of these support measures are as 
follows: 
 
 Value Added Tax (VAT) Exemption : Imports and domestic purchases of machinery and 
equipment within the scope of the investment are exempted from the Value Added Tax for 
the companies with Investment Incentive Certificate. 
 Customs Duty Exemption : Imports of the machinery and equipment to be used in the 
production process shall be subject to Customs Duty exemption for the companies with 
Investment Incentive Certificate. WT/TPR/M/331/Add.1 
 
- 236 - 
 
  MOROCCO 
 
Rapport du Gouvernement WT/TPR/S/331 
 
3 Politique et pratiques commerciales – an alyse par mesure ; 3.1 Mesures visant 
directement les importations 3.1.3 Évaluati on en douane : paragraphe 3.23 page 55 
 
Il est cité que:  Durant la période à l'examen, aucune modification n'a été apportée aux 
dispositions de base de la Turquie relatives à l'évaluation en douane, qui sont énoncées aux articles 23 à 31 de la Loi douanière n° 4458. La valeur transactionnelle est la base première pour la détermination de la valeur en douane. Les douanes turques utilisent la valeur c.a.f. comme 
valeur transactionnelle. 
 Question:   
La Turquie pourrait-elle expliquer l’application d’un prix de référence de 75 $US à l’importation de 
certains produits, notamment les électroménag ers (fours électriques 8516600000 et réchauds à 
gaz 7321119100/7321111100/7321112100)? 
 
Turkey’s Answer: Regarding the importation of certain electrical appliances, there is not an 
application of reference pricing. Rather, thos e products are subject to surveillance system.  Purpose 
of the import surveillance system is to closely monitor and to collect specific data regarding 
imported products. In many cases, the surveillance is implemented only to products below a 
certain c.i.f value in order to make  the least effect on other trade. 
 WT/TPR/M/331/Add.1 
 
- 237 - 
 
  THAILAND 
 
QUESTIONS REGARDING THE SECRETARIAT REPORT  
2. TRADE AND INVESTMENT REGIME 
 
Page 40 (paragraph 2.58) 
Question 1: Does Turkey plan to consider new favorable support rates for foreign investors who 
are interested to invest after 31  December 2015? If possible, please provide an update of the new 
favorable support rates. 
 
Turkey’s Answer: Investment Incentive Program, which is equally available for foreign and 
domestic companies, had provided higher support rates and terms for the investments starting before 31 December 2015. Investments that have started after 31 December 2015 have been 
benefiting from support measures with usual rates and terms of the program.   
 Page 42 (paragraph 2.63) 
Question 2: Under Investment Zones that Turkey ma intains three types of Zones providing 
additional incentives or provisions to attract foreign investors, in the case foreign investors invest 
outside the Investment Zones, can foreign investor s be provided any incentives or provisions for 
their investment? 
 
Turkey’s Answer: Both foreign and domestic companies can benefit from the Investment 
Incentive Program with equal rights all over the coun try. There is no regional limitation for foreign 
investors in Turkey.   
 3. TRADE POLICIES AND PRACTICES BY MEASURE  
 
Page 46 (paragraph 3.6) 
Question 3: What kind of efforts has Turkey undertaken to increase the efficiency of custom 
procedures such as minimizing the releas e time or numbers of documents required? 
 
Turkey’s Answer: Turkey has a vision of “Employing innova tive approaches and practices with a 
view to turning Turkey into a prominent glob al trading center where customs services and 
commercial procedures are rendered in the easiest and safest manner”.  
 Turkish Customs Administrations have been work ing with modern legislation and EU standards 
focused on all customs matters to reduce the costs to foreign trade by making procedures more 
transparent, easier and quicker. It is already full y supported by a professional and well established 
administration which has aligned itself to the new trends and technologies.   
There are several tools and measures to incr ease the efficiency of custom procedures, inter alia : 
 -using risk analysis methods in customs control, 
-using e-documents instead of paper in customs formalities, 
-performing post-release controls instead of controls at the time of export/import, -working on the extension of Single Window System, 
-increasing the implementation of Authorized Economic Operator (AEO) status, 
-analyzing customs release time to increase the efficiency of customs procedures and sharing those information on the web-site of the Ministry of Customs and Trade   
-exchanging information with the neighbor countries’ customs. 
 
Page 46 (paragraph 3.8) 
Question 4: What criteria are used by the BILGE System in its risk analyses? 
 
Turkey’s Answer: Turkey has been actively improving the system for electronic Risk Analysis 
(based upon high, medium and low risk scores which recognizes traders’ compliance history e.g. 
AEO status) in order to target the increasing number of declarations in all customs procedures and 
to deal with the requirements of the Risk Anal ysis processes for fiscal, safety and security 
purposes based on the risk areas such as nature of goods, origin country, mode of transportation 
and compliance history of the traders, etc.  
 WT/TPR/M/331/Add.1 
 
- 238 - 
 
  As a result of risk analysis and assessment, decl arations are directed to red, yellow, blue and 
green lines. In addition to risk-based controls th at are applied deliberately, “random” controls are 
also conducted at both central and local levels.   
Page 48 (paragraph 3.18) 
Question 5: What is Turkey’s practice or treatment of custom clearance for perishable goods 
 
Turkey’s Answer: “International Convention on the Simplification and Harmonization of Customs 
Procedures (known as Revised Kyoto Convention)” , signed in 1999, emphasizes the necessity of 
prioritizing perishable goods during customs procedures. As a Contracting Party to this Convention, Turkey is taking the necessary measures to implement the Convention properly. 
 
According to Article 147 of the Customs Regulation , specific goods including perishable goods may 
be subject to implementation of simplified proced ures without prerequisite of an AEO or Approved 
Person Status for importers. 
 Page 50 (paragraph 3.30) 
Question 6: Which main products are categorized  as “statutory tariff” which is unbound tariff lines 
in the WTO framework and placed outside the scope of the Customs Union Decision?  
 Turkey’s Answer: The basic agricultural and processed agricultural products (PAPs) are bound in 
the WTO framework. The basic agricultural products are not classified within the Customs Union. 
The PAPs, which are defined according to European  Union regulations, are classified within the 
Custom Union. The fish and fishery products ar e unbound in WTO framework with few exceptions 
and are classified outside the scope of the Cust oms Union. 492 tariff lines with 12-digits exist 
under this classification.  
 
Page 56 (paragraph 3.40) 
Question 7: Please provide information on where the Mass Housing Fund (MHF) rates applied to 
products or originating countries could be found, fo r examples Table charts of ODCs rates levied on 
specific products and countries. 
 
Turkey’s Answer: According to Turkey’s Import Regime , Mass Housing Fund (MHF) rates are 
applied to processed agricultural products (PAPs) and fish and fishery products originated in any 
country. The rates and the classification of the countries can be found in details at List #3 of the 
Import Regime for PAPs and List #4 of the Import  Regime for fish and fishery products. Based on 
that classification, for fish and fishery products, EFTA member states are exempted from MHF 
rates based on the Free Trade Agreement between Tu rkey and EFTA states. Besides, based on the 
Free/Preferential Trade Agreements  Turkey had signed, some countries are either exempted from 
MHF rates or discounted values are applied for some specific tariff lines both for PAPs and fish and 
fishery products. 
 
Page 57 (paragraph 3.1.5.5) 
According to information provided in Table 3.5, Turkey does apply TRQs to certain industrial 
products; 
 Question 8: Which categories do these TRQs fall under the description in 3.41? (Autonomous 
TRQs? Or other TRQs?) Where can detailed information of the 1,800 TRQs applied tariff lines be 
found? (list of products, quantity, in-out quota rates)   
 Turkey’s Answer: Turkey applies autonomous tariff quotas within the scope and context of the 
negotiations with the European Commission under Economic Tariff Questions Group (ETQG). 
 The autonomous tariff quotas have been made available for raw material and semi-finished 
industrial products which are not produced either totally or sufficiently in the EU and Turkey. 
 Due to current legal system in Turkey; respectively, a cabinet decision and a communiqué related 
to application methods and grounds ar e published in the official gazette.  
 Question 9: Under Turkey Tariff-rate quotas system what are “Autonomous” TRQs? How are 
Autonomous TRQs applied?  (as stated in  3.41 as it is applied to industrialists or importers based 
on the production capacity or past performance methods) WT/TPR/M/331/Add.1 
 
- 239 - 
 
  Turkey’s Answer: Autonomous TRQ refers to the amount or value of imports provided for any 
country without distinction of origin or provenance for a specific time period for specific tariff line and/or tariff lines, with reduction or exemption in customs duty and / or other charges. The procedures and principles related to the administra tion, application and allocation of the TRQs are 
determined through the Communiqués published in the Official Journal. Currently, autonomous 
TRQs for wheat, maize, rice and bovine meat exist. Autonomous TRQs are generally allocated to the marketing boards in charge of domestic market regulation. 
 
Question 10: What are the procedures to import this certain type of products? Any specific 
approval to import  in order to apply in-quota rate? 
 
Turkey’s Answer:  The procedures and principles related to the administration, application and 
allocation of the TRQs are determined through the Communiqués published in the Official Journal in a transparent manner. In order to benefit from tariff quotas which are allocated once the 
relevant Free Trade Agreement enters into force, the applicants need to apply to the Ministry of 
Economy for an import license, which has to be presented to the competent customs authority at the time of the importation. For autonomous TRQs, the relevant entity needs to apply to the 
Ministry of Economy for an import license, which has to be presented to the competent customs 
authority at the time of the importation.  Question 11: Does Turkey have intention to eliminate or decrease such TRQs application to 
industrial products? 
 Turkey’s Answer:  Turkey does not have any intention to change its current TRQs application for 
industrial products in the near future. 
 Page 97 (paragraph 3.3.3.2) 
Question 12: In order to handle several hundred cases pe r year, Thailand would like to know the 
size and structure of the TCA, for example how ma ny officers in total; how TCA divides its units 
and how many officers in each unit; and whether TCA has local branches and the size of those branches. 
 
Turkey’s Answer:  Turkish Competition Authority (TCA) currently has 340 employees (122 are 
case handlers/competition experts, 23 are managers, 26 are advisers and 168 are support staff). 
In 2015 TCA handled 283 cases and among these ca ses, 89 of them were Infringements of 
Competition cases, 35 of them were Exemption/ Negative Clearance cases and 159 of them were 
Merger/Acquisitions/Joint Ventures/Privatization cases.  
 
TCA is organized into 11 departments. 5 of them , which are called Supervision and Enforcement 
Departments (SED), are tasked with handling antitrust issues. Each of these departments is responsible for handling antitrust issues of specific  sectors. In each SED, there is one department 
head and one professional coordinator. Their duty is to manage the case handlers working in these 
departments. There are approximately 20-25 case handlers in each department. TCA also has a 
separate Economics Department as well as a separate International Relations, Training and 
Advocacy Department.  
 TCA currently does not have local branches and is located in Ankara. TCA has a support unit in 
Istanbul, where most of the commercial activity takes place. However, this support unit is only 
responsible for logistics matters.   Competition Board is the main unit responsible for taking decisions. It is composed of 7 members, 
which are elected by the Council of Ministers from among the two candidates for each vacant 
membership to be nominated by the Ministry of Customs and Trade (3 members), Ministry of 
Development (1 member), Turkish Union of Ch ambers and Commodity Exchanges (1 member), 
Supreme Court of Appeals (1 member) and Council of State (1 member).  
 TCA’s 7 board members serve for 6 years. Their term cannot be terminated for any reason except 
they are found to have lost the qualifications required for their appointment or their position is 
found to be contrary to article 25 of the Compet ition Act (i.e. disclosing trade secrets), or where 
their offence with regard to the duty is proven by a court decision.  WT/TPR/M/331/Add.1 
 
- 240 - 
 
  For more information please visit: http://www.rekabet.gov.tr/en-US/Mainpage 
or e-mail to: 
 aarioz@rekabet.gov.tr (Head of International Re lations, Training and Advocacy Department)  
 
tancatalcali@rekabet.gov.tr (Professional Coordinator of International Relations, Training and 
Advocacy Department) 
 
Page 100 (paragraph 3.3.4) 
Question 13: The directorate General of State-Owned Enterprises has a role in consolidating and 
monitoring the financial and non-financial data of the SOEs. What are the mechanisms to monitor 
the SOEs or evaluate the SOEs’ performance? Does  it set the KPIs for the SOEs? Does it have 
incentive mechanisms such as a bonus system fo r the SOEs when they have good performance 
and achieve their goals? 
 
Turkey’s Answer: According to the Law on the Structures and Duties of the Undersecretariat of 
Treasury (UoT) of Turkey (Law Nr. 4059), Direct orate General of State Owned Enterprises has a 
role in consolidating and monitoring financial and non-financial data of the SOEs. Also, a 
Communiqué was issued in 2009, regarding the notification, reporting and monitoring of SOEs prepared with reference to Law Nr. 4059. According to this Communiqué, UoT established an internet based monitoring system in order to collect financial and non-financial data of SOEs 
periodically. 
 During the budget process, UoT prepares SOEs’ fina ncial targets such as gross sales, profit, and 
primary surplus with Annual General Financing and Investment Programs which is a Cabinet 
Decree prepared with reference to Decree Law on State-Owned Enterprises (Decree Law Nr.233). In line with the Communiqué mentioned above, Directorate General of SOEs monitor the 
performance of SOEs quarterly. When SOEs achi eve their targets determined by Annual General 
Financing and Investment Programs, an incentive mechanism such as bonus system does not exist. However, SOEs’ performances are reported in the audit of Turkish Court of Accounts which 
are sent to the Parliament. SOE Commission in the Parliament discusses these reports as well as 
performances of SOEs. Based on the reports and discussions, SOE Commission and then the 
Parliament have the right 
 to discharge the board of directors of SO Es by approving financial statements or, 
 not to discharge the board of directors of SOEs by disapproving financial statements. 
 Question 13:  What are the criterion and framework for the government to privatize SOEs? 
 
Turkey’s Answer: In accordance with Turkish Privatization Law No: 4046 enacted in November 
24, 1994, Turkish Privatization Administration (PA) is entitled for the privatization of SOE’s and their subsidiaries.  Privatization High Council (PHC) is the decision making body for privatizations 
which is chaired by the Prime Minister and composed  of 4 Ministers, namely Deputy Prime Minister, 
Environment and Rural Affairs , Finance, Transport, Maritime and Communication. Taking of SOE’s into privatization portfolio and approval for thei r sales are decided by PHC. The SOE’s which are 
transferred to PA are converted to stock company and operate under Turkish Commercial Code 
Principles. Valuation of the SOE’s are undertaken by various independent consulting companies (independent audit, legal firms and environment firms and investment bank). Under Privatization 
Law, PA also establishes an in-house separate Valuation Commission composed of experts. 
Subsequent to completion of the valuation of the enterprise by the consultants, the valuation of the business is reviewed and approved by our Valuation Commission. Tender announcement is made and followed by negotiations of the price and other articles of the tender. Subsequent to 
final round, whoever bids the highest price and favo urable conditions the result of the tender is 
sent to PHC for final approval. Finally, shares of the relevant SOE is transferred to the new owner subsequent to receipt of the tender amount. 
 
4. TRADE POLICIES BY SECTOR  
 
Page 124 (paragraph 411) 
 
Question 14: Since Turkey does not commit any TRQs bound in the WTO schedule, please kindly 
elaborate on how the TRQs administration works i. e. TRQ goods, TRQ allocation, autonomous TRQs 
scheme, example of the FTA with TRQs. WT/TPR/M/331/Add.1 
 
- 241 - 
 
  Turkey’s Answer: Turkey does not have MFN based TRQs but autonomous ones, determined 
through discussion within the negotiation of Ec onomic Tariff Questions Group (ETQG) of the 
European Commission.  
 
The autonomous tariff quotas are opened for raw material and semi-finished industrial products 
which are not produced either totally or sufficiently in EU and Turkey.  
Due to the current system in Turkey; respectively , a cabinet decision and a communiqué related to 
application methods and grounds are published. In the allocation of TRQs, past performance criteria and production capacities of producer firms are considered.  
Turkey’s quota distribution system is implemen ted by the Ministry of Economy to domestic 
producers by granting import licences which are valid until the end of the relevant year.  Page 126 (paragraph 4.16) 
Question 15: Will there be any domestic support notification to the WTO in the near future? 
 
Turkey’s Answer:   Turkey has started a work programme to submit its pending domestic support 
notifications gradually. We are looking forward to the understanding of all Members until the 
process is completed.  
Page 128 (paragraph 4.18) 
Question 16: Since the agricultural support remains high and output-based payment increased, 
does the output-based payment and the market-b ased supports be in line with the domestic 
support commitment? Does Turkey have any plans to notify these support payments to WTO? 
 Turkey’s Answer:  Turkey has started a work programme to submit its pending domestic support 
notifications gradually. We are looking forward to the understanding of all Members until the 
process is completed.  Page 129 (paragraph 4.19) 
Question 17: Is it possible for Turkey to share the experience of introducing the Agriculture 
Basins Production and subsidies Model and the reduction of credit interest rates to zero for most 
products?  
 
Turkey’s Answer:  Agricultural Basins Base Model was targeting to implement an efficient and 
rational agricultural support policy while protecting the natural resources. Agricultural Basins which 
were identified according to climate, soil, topography, land classes and land uses, also served for 
the elaboration of agricultural inventory in Turkey. Out of all the agricultural basins data evaluated, some basins were identified for the cultivation of some agricultural products. The Support policies were implemented in a way encouraging agricultural producers to cultivate their 
crops in the most suitable basin.  
 Since 2010, the Agricultural Bank of Turkey (Ziraat Bankas ı) which is the largest commercial bank 
in Turkey, provides interest concessions on loans through Agricultural Credit Cooperatives for 
farmers and agricultural facilities, which are en gaged in livestock production and breeding dairy 
cattle, among others. As an input supply support to farmers and agricultural enterprises, 
concessional credits aim to improve animal breeds and farm production capacity of those lacking 
enough financial resources to do so.  Page 131 (paragraph 4.24) 
Question 18: Could Turkey elaborate the reason why notified the export subsidies to the 
Committee on Subsides and Countervailing Measures but has not notified export subsidies to the 
WTO Committee on Agriculture? 
 
Turkey’s Answer : As known, formats of these notifications are different from each other. As 
explained in the Secretariat Report, the reason for submitting the information to the Committee on 
Subsidies and Countervailing Measures was because the content of the notification which Turkey 
faced no problem in putting together relevant da ta/information. Additionally, Turkey will comply 
with its notification requirements related to the agricultural export subsidies by the next meeting of the Committee on Agriculture which will be held on 7-8 June 2016.  
 WT/TPR/M/331/Add.1 
 
- 242 - 
 
  Page 131 (paragraph 4.25) 
Question 19: Please give more details on the export subsidies program, especially the export 
subsidies for processed agricultural products.  
 
Turkey’s Answer: For details of Export Subsidy Programme for Agricultural Products please refer 
to Turkey’s latest notification to the WTO Comitte on Subsidies and Countervailing Measures (G/SCM/N/284/TUR) dated 18 September 2015. 
 
Page 132 (paragraph 4.1.7 and Table 4.11) 
Question 20:  Please provide further information on Turkey’s experience and execution regarding 
the Agricultural Credit Cooperatives and Law on Restructuring Agricultural Credit, Agricultural 
Credit Cooperatives and Unions, and Agricultural Insurance law. 
 Turkey’s Answer:   Uncertainties involved in farming activities, such as those that may stem from 
adverse weather conditions make agricultural production open to risks both in social and economic 
terms. Due to these risks, sustainability of agricult ural production might be imperiled. Thus, it is 
almost compulsory to manage risks instead of crisis management in order to ensure sustainability 
of agricultural production. To this aim, agricultural insurance can play an important role as a tool 
for managing risks associated with farming.  Agricultural Insurance Law numbered 5363 entered into force in 2005. With the completion of 
legislative and technical infrastructure, insurance policies are being implemented since 1st of June, 
2006, in Turkey. Under the Turkish agricultural in surance system, it is voluntary for farmers to 
insure their products. 
 
As of 2016, fifty percent (50%) of insurance pr emiums of farmers, who insured their crop 
productions, greenhouses, ovine and bovine animal s, poultry, fisheries and beehives that have 
plate and bee, have been paid by the Government . An additional premium support at 1/3 rate has 
been provided for only frost risk due to flow ering period of fruits grown on open areas. 
 Up until now, 2.225 trainees (Agricultural Engineer, Veterinary, Aquaculture Engineer, Fisheries 
Technologies Engineer, Agricultural Technician an d Agricultural Techie) ha ve been trained under 
agricultural insurance system for Agricultural Insurance Experts’ Pool and certified as experts.   
Regulations regarding agricultural credit cooperatives and their higher units were put in place 
during the 1970s. Various regulations were implemented through the years according to new needs. In this context, agricultural cooperatives  were ensured an environment of internationally 
accepted cooperative rules where they can act in dependently and democratically. Purpose of the 
Law on Agricultural Credit Cooperatives is to en able producers to protect their mutual economic 
interests and to establish agricultural credit cooperatives with variable partnership and variable capital based on the principle of mutual assistance  to address their professional livelihood needs. 
By means of this Law, regional and central organisation of credit cooperatives has been 
established. Currently there are more than 1600 agri cultural credit cooperatives with more than 1 
million farmers as partners. 
 
Purpose of the Law on Restructuring Agricultural Credits was to restructure interest debts of farmers that has difficulty in paying their credit loans due to compelling reasons such as global 
economic crisis or natural disasters, without prejud ice to the main capital of their loan. This way, 
the aim was for the farmers to gravitate towards activities regarding rural development and environment more easily.   
Along with entry into force of Agricultural Insu rance Law No: 5363 in 2005, necessary regulations, 
general provisions, technical provisions, tariffs and instructions and automation software were completed and insurance policies have been issued since 1st of June, 2006.  
 
Page 135 (paragraph 4.35) 
Question 21:  With regard to livestock subsidies, please elaborate the subsidies for milk 
production as to how and in what form of the subsidies are executed.  
 Turkey’s Answer:  As reflected in the Secretariat Report, page 135, Table 4.14; MFAL provides 
support for identifying milk contents for quality improvement. Also, premium payments are made 
for milk, in accordance with Turkey’s WTO commitments. WT/TPR/M/331/Add.1 
 
- 243 - 
 
  Page 136 (paragraph 4.1.9.1) 
Question 22:  The Turkish Grain Board has the responsibility to purchase and hold stocks to 
stabilized prices for producers and the interventi on on the grains price that fall below a pre-
determined reference price. Can Turkey please elaborate on the numbers of the support that have 
been spent in the recent years? 
 Turkey’s Answer:   TMO determines its own policies autonomously, on the basis of profitability 
and productivity. In case, TMO announces a purchasing price, it is determined by its Board of 
Directors in line with TMO’s own policies. Thus, TMO’s purchasing prices do not constitute administrative prices.   
Question 23:  Is the TMO the only organization that could purchase grains from foreign markets? 
If so, please provide details on the purchasing process.  
 
Turkey’s Answer:  TMO is not the only entity that can pu rchase grains from foreign markets.  
 Page 138 (paragraph 4.44) 
Question 24:  Please provide the rationale to why the ES K is the only authorized enterprise to 
import the red meat from the EU. Is there a possibility that its scope of responsibility will be 
expanded to cover export from other countries?  
Turkey’s Answer:   ESK imports red meat from the EU within the framework of Decision No 1/98 
of the Association Council between Turkey and EU. ESK’s scope of responsibility may be extended 
to cover exports from other countries. 
 
Page 139 (paragraph 4.46) 
Question 25:  What are the types of limitations that the Tobacco and Alcohol Market Regulatory 
Authority could place on the import of the tobacco? 
 Turkey’s Answer: Limitations on the import of tobacco are listed as follows:  
 
- For leaf tobacco import: Under the Article 30/1 of  the Regulation on Procedures And Principles 
Concerning Production, Processing, Domestic and Foreign Trad ıng of Tobacco published  in the  
Official Gazette  dated 10/07/2010 no. 27637, it is stated that “even if for import after being 
processed, tobacco can only be imported by the producers of tobacco products with limited their 
needs.”  
- For tobacco products:  
 
1-Pursuant to Law No. 4733 Article  6(7) “The ones manufacturing annually minimum two billion items of cigarettes under a brand in Turkey and minimum fifteen tons of other tobacco products 
can freely import, price and sell items under the condition that they all are of the same brand.” 
 Preconditions of manufacturing tobacco products in Turkey are that the production capacity of the 
firm should not be less than billion sticks for cigarette and 15 tons for other tobacco products, and 
the production equipment should be new and high technology.  
2-Under Article 15(3) of “Regulation on Procedures and Principles Concerning the Production and 
Trading of Tobacco”, the right to import tobacco pr oducts on the basis of brand is limited to the 
calendar year.  
3-In line with Law No. 4207 Article 3(15); brand st retching and brand sharing of tobacco products 
which are manufactured or placed on the market in Turkey are banned.  
4-Pursuant to Law No. 4207 Article 4(4); it is forbidden to import or put on sale tobacco products 
giving incorrect or incomplete information on properties, effects on health, hazards or emissions of tobacco products on the packages and labels. 
 
Any text, name, brand, type name, figurative speech, metaphor, figure, sign and other elements and definition, brand, type name, color, figure or marks that imply a tobacco product is less harmful and/or superior than the others or promoting or encouraging the consumption or 
deceiving the consumers cannot be placed on the packages and labels. WT/TPR/M/331/Add.1 
 
- 244 - 
 
  5-Under the “Board Resolutions Concerning the Evaluation of Data Included in the Input Declaration and 
Toxicological Data Tables”  published on the Official Gazette dated 30/05/2012 no. 28308, products which will be imported must not contain the inputs given in the “List concerning the inputs not allowed to be used in the production of tobacco products” and must not contain the inputs given in 
the “List concerning the inputs of limited use in the production of tobacco products” more than the 
allowed quantity.  
6-Under Board Decision on Determination of Technical Specifications of Filters Used in Tobacco 
Products  published  on the Official Gazette dated 09/05/2014 no. 28995, the production of filters used 
in tobacco products which will be imported should be done according to the restrictions determined 
in the mentioned Board Decision. 
 
7-Under the Cabinet Decision on the Procedure and Principles for Import, Pricing and Domestic Marketing of Cigar and Cigarillo published on the Official Gazette dated 16/04/2008 no. 26849, 
applications for each import lot less than 100 kilos on the basis of product range of cigars and 
cigarillos to be imported shall not be accepted.   
Page 141 - 142 (paragraph 4.62 and Table 4.16) 
According to Import Licensing for Automotive Products in 4.62 and Table No. 4.16 please further 
clarify;  
Question 26: Are all imported vehicles (including new vehicles) subject to approval from Ministry 
of Industry and Technology for various motor vehicles and trailers? 
 
Turkey’s Answer: All imported vehicles are subject to the approval of the Ministry of Industry 
and Technology (MoSIT). Turkish Standards Instit ution (TSE) performs the necessary controls at 
the customs and gives a "Letter of Conformity" for the imported vehicles. 
 
Mechanical parts/components of vehicles are evaluated in the scope of the "Market Surveillance and Inspection" (PGD) mechanism.  
Question 27: What are the procedures, approval criteria, and document to be submitted? 
 
Turkey’s Answer: For vehicles to be imported, a "Letter of Conformity" is granted following the 
control of the compliance of "type approval certificates". 
 Page 147 (paragraph 4.3.1.1) 
Question 28: The banking sector comprises a mix of state-owned, private and foreign banks. At 
the end of 2014, the number of banks in Turkey reached 51 including branches. In this regard, 
please provide further information whether there is any activity limitation on branches in Turkey.  
Turkey’s Answer:  Branches established in Turkey by ba nks headquartered abroad continue their 
activities under the supervision and surveillance of the Banking Regulation and Supervision Agency in line with the Banking Law Nr. 5411 and its releva nt sub-regulations. As of 28.03.2016, there are 
no prohibitions or restrictions on the activities of the mentioned branches. 
 QUESTION REGARDING THE REPORT BY THE GOVERNMENT 
 
2. TRADE POLICY DEVELOPMENTS (2011-15)  Page 6 (paragraph 2.35)  
Question 29  Does the scope of the Investment Incentive Program cover the incentive in service 
sector operated by foreign companies? 
 
Turkey’s Answer: Investment Incentive Program, which is equally available for foreign and 
domestic companies aims to support all production and service industries. WT/TPR/M/331/Add.1 
 
- 245 - 
 
  URUGUAY 
1) NOTIFICACIONES En la página 34 del Informe de la Secretaría WT/TPR/S/331 se informa:  “ 2.20. Turquía tiene un historial desigual  de cumplimiento de sus obligaciones de 
n o t i f i c a c i ó n  a  l a  O M C .  L a  m a y o r  p a r t e  d e  l a s notificaciones presentadas en el período 
objeto de examen se referían a medidas de  salvaguardia y otras medidas comerciales 
correctivas (cuadro A2.2). Sin embargo, siguen  pendientes las notificaciones relativas a 
ciertas esferas, como por ejemplo la agricultura. » 
 In page 31 of the Report of the Secretariat WT/TPR/331  ‘ 2.20. Turkey has a mixed compliance with its WT O notification obligations. Most notifications 
during the review period pertained to safeguard measures and other trade remedies (Table A2.2). 
However, notifications in some areas are still pending, including those in the area of agriculture.’   
Pregunta: mucho se agradecería recibir información respecto a las acciones previstas para ponerse 
al día en materia de las notificaciones pendientes para el sector de la agricultura. Al mismo tiempo, conocer si existe alguna previsión para ma ntener la regularidad de las notificaciones (es 
decir en cumplimiento de los plazos establecidos) una vez que se haya alcanzado la actualización 
de las notificaciones pendientes.  QUESTION: We would like be informed of any projec ted action in relation to solve the situation 
related to the pending notifications for the agricultural sector. At the same time, we would like to 
know whether there is any provision to regularly ma intain the notification process up to date, once 
the overdue notifications are dealt with.  
 
Turkey’s Answer:  Turkey will comply with its export subsidy notification requirements by the 
next meeting of the Committee on Agriculture, which will be held on 7-8 June, 2016. 
 
Please further note that, Turkey also has started a work program to notify its agricultural domestic support programs gradually. In due course, we ar e looking for understanding of all members to 
complete this work as soon as possible. 
 
Similar to other notification requirements under respective WTO Agreements, it is the relevant government body to ensure compliance with the no tification requirements both in terms of their 
preparation and timely submission, in accordance with the terms defined in each agreement. No 
specific structure other than the notification requirements and/or formats exists to monitor and keep up to date notifications. 
 
2) ACUERDOS REGIONALES Y PREFERENCIALES En la página 34 del informe de la secretaría WT/TPR/S/331 se detallan los acuerdos regionales y preferenciales celebrados por Turquía.  
 
In page 33 of the Report by the Secretariat (English version) there is a extensive review ot the reciprocal trade agreements negotiated and concluded by Turkey with a number of other countries 
or regions. 
 Pregunta: se consulta sobre negociaciones en curso y potenciales acuerdos con otros Miembros y 
/o grupos de Miembros. Interesa conocer cuáles son las prioridades y / o si se han realizado 
estudios de factibilidad para evaluar futuros acercamientos comerciales.   QUESTION: we would like to receive more information about any current negotiation and in 
relation to potencial trade agreement with other Members. We are interested in knowing what are 
the priorities and whether any feasibiity study has already been done in order to idntify potencial 
future trade agreements.  
 
Turkey’s Answer: Turkey follows the FTA policy of the EU due to its obligation laid down in the 
Customs Union Decision 1/95 which states that Turkey has to align its trade policy with the 
preferential customs regime of the EU. Turkey also conducts impact assessment studies before 
conducting FTA negotiations with its future FTA partners to explore the legal and economic conditions.  WT/TPR/M/331/Add.1 
 
- 246 - 
 
  Turkey is currently conducting Free Trade Agreemen t (FTA) negotiations with Japan, Mexico, Peru, 
Ecuador, Ukraine, Cameroon, Colombia, Democratic Republic of the Congo, Gulf Cooperation Council, Libya, Mercosur and Seychelles. Turkey has launched initiatives to start negotiations with the USA, Canada, Thailand, India, Indonesia, Vietnam, Central American Countries, other ACP 
Countries, Algeria and South Africa.  WT/TPR/M/331/Add.1 
 
- 247 - 
 
  UNITED STATES 
 REGARDING TURKEY’S TRADE POLICY REVIEW REPORT  
The two follow-up questions below, relate to tw o answers given in response to questions from 
Australia (under Chapter 4, Trade Policies by Sector, 4.1 Agriculture, page 7.)  
 
Question 15  
 
Could Turkey please advise of how these subsidies are in accordance with their WTO obligations?  
Turkey’s Answer:  At present, no export subsidy is being provided neither for the wheat nor for the 
wheat flour. As it is stated in the Secretariat Report, there is a domestic support for wheat. The 
total amount of the support can be declared after the related data are collected. 
 
Follow-up Question:  Could Turkey please explain how Topraki Mahsulleri Ofisi (TMO) programs 
work on domestic and international markets?  We are particularly interested in learning: 
 At what volume and prices are domestic purchases of wheat by TMO made every year? 
 At what volume and prices are domestic sales of wheat to processors by TMO made every 
year? 
 At what volume and prices are exports of wheat by TMO made every year? 
 What conditions, particularly related to domestic sales or exports, must domestic wheat 
processors meet in order to participate in the above programs? 
 
Turkey’s Answer:  As an autonomous entity in its commercial activities, TMO operates fully on the 
basis of profitability and productivity, while co nsidering the needs of the economy and market 
conditions. Both purchasing of wheat and domestic sales of it are carried out with this 
understanding. 
 Question 16  
 
Could Turkey please provide details on how it manages any surplus production of wheat and/or 
wheat flour which cannot be absorbed by the domestic market?  
Turkey’s Answer:  As it is the case in every country, excess wheat and wheat flour that have not 
been domestically consumed can be exported. Wheat in particular is imported as well as exported. Import and export values of wheat and wheat flour for the last three years are: 
 
2013 wheat export 79.3 Million US D, import 1.3 Billion USD 
2014 wheat export 35.4 Million USD, import 1.54 Billion USD 2015 wheat export 32.5 Million US D, import 1.1 Billion USD 
 
2013 wheat flour export 947 Million USD, import 146 Thousand USD 2014 wheat flour export 931 Million USD, import 1.6 Million USD 
2015 wheat flour export 979 Million USD, import 1.4 Million USD 
 Source: TURKSTAT HS4 Codes 1001 and 1101. 
 
Follow-up Questions:  Can Turkey please provide additional  details on wheat exports, such as 
what entities manage wheat exports? Aside from TMO, which other entities manage wheat exports? 
 
Turkey’s Answer:  In Turkey, any market player can export wheat; no authorization is needed to 
export wheat. 
 
__________